Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 401 - LICENSING STANDARDS FOR CHILD WELFARE AGENCIES › Subpart C - ADMINISTRATION AND FINANCIAL MANAGEMENT › Section 401.210 - Composition and Responsibilities of the Governing Body

Current through Register Vol. 48, No. 28, July 12, 2024
a) The governing body of a child welfare
				agency shall be all the members of the board of directors of the
				corporation.
b) Each member of the
				governing body of the child welfare agency and principal shareholders (owning
				5% or more of the corporate stock) shall be of reputable and responsible
				character who shall certify that they have never been convicted of a felony or
				indicated as a perpetrator in a child abuse or neglect report, as defined in
				Appendix B of 89 Ill. Adm. Code 300 (Reports of Child Abuse and
				Neglect).
c) The governing body may
				create an executive committee or a child welfare committee that has been
				delegated limited decision making authority. The executive committee may act on
				behalf of the governing body in emergency matters.
d) The governing body shall:
1) Establish written by-laws that govern the
				major operations of the agency and that outline the duties of the officers of
				the board of directors and committees to be established by the board of
				directors;
2) Set long range goals
				for the agency;
3) If incorporated
				as a not-for-profit corporation, adopt a conflict of interest policy that
				requires, at a minimum:
A) That no member of
				the board of directors may derive any personal profit, directly, by reason of
				his or her membership on the board of directors or because of services provided
				to the board (the restriction against deriving profit from a transaction does
				not apply as long as the goods or services provided to the agency are priced at
				or below market value and are documented in the agency's financial
				reports);
B) That each board member
				must disclose to the board any personal interest that he or she or any member
				of his or her immediate family may have in any current or potential matter
				before the board and refrain from participating in any decision on those
				matters;
C) That no member of the
				executive director's or the chief financial officer's immediate family shall
				serve on the board of directors for the child welfare agency and no member of
				any board member's immediate family may serve as executive director, the chief
				financial officer, or an independent contractor of the agency;
D) That there shall be no familial
				relationship between the executive director and the chief financial
				officer;
4) If
				incorporated as a for-profit corporation, adopt a code of conduct for the
				board;
5) Insure that the child
				welfare agency operates at all times with a qualified, full-time executive
				director who, by official written notice, is made known to the Department. The
				governing body shall:
A) Approve a written
				job description for the agency executive director that delineates the executive
				director's responsibilities and authority and the governing body's expectations
				of the agency executive director;
B) Review and authorize all compensation for
				the agency executive director, including salary, allowances, memberships or
				other benefits;
C) Evaluate the
				agency executive director in writing at least annually;
6) Insure that an adequate process is in
				place for recruiting, hiring, and maintaining qualified child welfare
				supervisors and other staff required by this Part;
7) Hold at least quarterly meetings, unless
				the agency holds a provisional license, thus requiring a minimum of bi-monthly
				meetings of the board of directors. Unless specifically prohibited by the
				articles of incorporation or bylaws, directors or non-director committee
				members may participate in and act at any meeting of such board or committee
				through the use of a conference telephone or other communications equipment by
				means of which all persons participating in the meeting can communicate with
				each other. Participation in such meeting shall constitute attendance and
				presence in person at the meeting of the person or persons so participating
				[805 ILCS
				105/108.15 ];
8) Keep written records or minutes of all
				board meetings reflecting official actions of the board that shall contain, at
				a minimum, the date of each board meeting, the persons who were in attendance,
				the issues discussed in the meeting, any committee reports made to the board,
				the decisions made and actions taken. The minutes shall be available for review
				by the Department's licensing worker, upon request;
9) Officially notify the Department in
				writing within 30 days after a change in the executive director or chief
				financial officer of the child welfare agency or of any major changes in the
				corporate structure, including, but not limited to:
A) Changes in the articles of incorporation
				or by-laws;
B) Changes in the
				not-for-profit status or tax exempt status as determined by the Internal
				Revenue Service (if applicable) or its charitable organization status as
				determined by the Illinois Attorney General;
C) Addition of any principal shareholder
				owning at least 5% of the stock of the corporation; or
D) Changes in the governing body or its
				officers;
10) Establish
				written policies of the child welfare agency that shall be made available to
				all board members, employees, and agency clientele, including services to be
				provided by the agency, admissions, care of children, and other policies as
				needed to direct the agency, such as family visitation and community contacts
				with children;
11) Provide and
				maintain permanent offices accessible to the public and appropriate for the
				administrative program and supportive services. These offices, including all
				branch offices, shall be staffed during the business hours established by the
				agency, shall be equipped with telephones, shall have a permanent mailing
				address, shall not be in a private residence and shall have space available for
				confidential meetings;
12) Maintain
				and keep all records and documents required by this Part in the State of
				Illinois where they shall be readily available for review by authorized
				persons;
13) Insure fidelity
				bonding of fiscally responsible officers and employees against breach of
				fiduciary duty or the loss of monies, securities, or other property the agency
				may sustain through any fraudulent or dishonest act committed by an officer or
				employee acting alone or in collusion with others. These officers or employees
				must be bonded regardless of whether elected or appointed or whether
				compensated by salary;
14) Insure
				that the child welfare agency maintains adequate assets, as defined in Section
				401.40,
				for responsible fiscal operation of the agency; and
15) Insure that all persons working directly
				with children are of reputable and responsible character, as verified by their
				employment history of at least the past three years, the status of any
				professional license they hold, and completion of the background checks
				required by 89 Ill. Adm. Code 385 (Background Checks).