Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 437 - EMPLOYEE ETHICS AND CONFLICT OF INTEREST › Section 437.20 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
"Act" means the State Officials and Employees Ethics Act [5
				ILCS 430].
"Business relationship" means an association between
				individuals or companies, entered into for commercial purposes, and sometimes
				formalized with legal contracts or agreements. Many employees maintain a
				friendly business relationship with an extensive network of other executives,
				business people, and contractors that they can call upon for advice or for
				other business purposes.
"Child care facility," as used in this Part, means a "facility
				for child care"
				as defined by the Child Care Act of 1969 [225 ILCS
				10/2.05], and includes any child care institution,
				child welfare agency, day care center, part-day child care facility, day care
				agency, group home, foster family home, day care home, group day care home,
				transitional or independent living arrangement, residential or youth emergency
				shelter.
"Code of Ethics for Child Welfare Professionals" means the
				ethics code that addresses business ethics, a code of professional practice,
				and an employee code of conduct.
"Conflict of interest" means an employee has a personal
				interest that could result in using his or her official position for private
				gain, giving preferential treatment to any entity or person in the conduct of
				official duties because of personal interest, impeding or adversely affecting
				governmental efficiency or economy because of personal interest, failing to act
				impartially in the conduct of official duties because of personal interest, or
				engaging in conduct that could adversely affect the confidence of the public in
				the integrity of the Department of Children and Family Services.
"Conflict of Interest Committee" is a group appointed by the
				Director that reviews issues, inquiries or concerns and provides assistance and
				guidance to DCFS employees regarding this Part.
"Decisionmaking function" or "decisionmaking authority" means
				personal involvement in, or direct supervisory responsibility for, the
				formulation, monitoring or execution of a contract or grant. This includes, but
				is not limited to, preparation of contract or grant specifications, program
				plans and scopes of services, evaluation of bids or proposals, negotiation of
				contract or grant terms, evaluation of service delivery or the contract or
				grant deliverables, monitoring of services provided, evaluation of contract or
				grant performance, supervision of contract or grant performance, and providing
				input into whether a contract or grant should be approved, renewed or
				terminated. Decisionmaking function or decisionmaking authority also means that
				an individual's duties include, but are not limited to, the referral or
				transfer of any applicant for or client of Department services to a child care
				facility or other entity; the supervision, monitoring, licensing, or evaluation
				of a child care facility or other entity; or the decision whether to award or
				refuse to award a contract or grant to a child care facility or other
				entity.
"Department"
or "DCFS"
means the
				Illinois Department of Children and Family Services.
[225 ILCS
				10/2.02]
"Director" means the Director of the Illinois Department of
				Children and Family Services.
"Economic interest" means any form of ownership, debt interest
				or contract whereby the individual may incur monetary gain or loss. The term
				does not include a contract for teaching services at a public or private
				college, community college or university.
"Employee" or "State employee" means an individual who, on a
				full-time or part-time basis, receives remuneration from the Department for
				services performed. For purposes of this Part, the term "employee" includes an
				individual who receives remuneration directly from the Department pursuant to a
				contract for personal services.
"Familial relationship" means two employees or an employee and
				a job applicant in the relationship of:
wife, husband, civil union partner, son, daughter, mother,
				father, sister, brother, nephew, niece, aunt, uncle, grandmother, grandfather,
				granddaughter, grandson, first cousin;
any of those relationships arising as a result of marriage or
				civil union, including father-in-law, mother-in-law, son-in-law,
				daughter-in-law, grandson-in-law, granddaughter-in-law, brother-in-law,
				sister-in-law, stepmother, stepfather, stepdaughter, stepson, stepsister,
				stepbrother, step-granddaughter, step-grandson, half-sister, half-brother;
				or
a legal dependent as claimed on the most recent federal income
				tax return.
"Fiduciary duty" means the obligation of all Department
				employees to act in the best interests of the client in the conduct of official
				business and fulfillment of the Department's statutory responsibilities.
				Fiduciary duty requires each employee to act in good faith without personal
				self-interest and with care, candor and loyalty in carrying out his or her
				duties on behalf of the Department.
"Foster family home",
for the purpose of this
				Part,
means a facility for child care in residences of families who
				receive no more than 8 children unrelated
or related to them,
unless all the children are of common parentage, or residences of
				relatives who receive no more than 8 related
or unrelated
children placed by the Department, unless the children are of common
				parentage, for the purpose of providing family care and training for the
				children on a full-time basis, except that the Director, pursuant to Department
				regulations, may waive the limit of 8 children unrelated to an adoptive family
				for good cause to facilitate an adoptive placement. The family's or relative's
				own children under 18 years of age shall be included in determining the maximum
				number of children served.
[225 ILCS
				10/2.17] The term "foster family home" also includes
				the residences of related children placed by the Department and the residences
				of families that receive children for purposes of adoption.
"Gift" means any gratuity, discount, entertainment,
				hospitality, loan, forbearance, or other tangible or intangible item having
				monetary value, including, but not limited to, cash, food and drink, and
				honoraria for speaking engagements related to or attributable to government
				employment or the official position of an employee, member or officer.
[5 ILCS
				430/1-5]
"Immediate family member" means any of the following
				relationships by blood, marriage, civil union or adoption: spouse, son,
				daughter, mother, father, sibling, brother- or sister-in-law, or a legal
				dependent. For the purpose of this Part, this includes any youth-in-care
				residing at the residence.
"Member of the household" means a person who resides in a
				family home as evidenced by factors including, but not limited to, maintaining
				clothing and personal effects at the household address, receiving mail at the
				household address, or using identification with the household address. For the
				purpose of this Part, this includes any youth-in-care residing at the
				residence.
"Personal interest" means that one has the potential to gain or
				lose money, other consideration, gifts, favors, or preferential treatment for
				oneself or another, depending upon the outcome of a decision, review or other
				transaction.
"Personal relationship" means related by blood, marriage, civil
				union or adoption, or that a DCFS employee has a social, business or other
				relationship that has the potential to influence or affect the employee's
				objectivity or judgement when performing a task directly involving the person
				with whom he or she has a personal relationship. Personal relationship also
				includes a Department employee's association with a member of his or her
				household who is unrelated to the employee by blood, marriage, civil union or
				adoption, but whose association with the Department employee has the potential
				to influence or affect the employee's objectivity or judgment.
"Secondary employment" means any external employment or work
				activity, with a public or private entity, or self-employment that is in
				addition to an employee's position with the Department, even while on leave.
				Secondary employment includes, but is not limited to, working for another
				employer, self-employment, the private practice of any profession, occupation
				or trade, consulting services, being involved in a family business, volunteer
				work and teaching.
"Significant working relationship" means a relationship that
				involves direct or indirect supervision or shared work
				responsibility.