reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 430 - OFFICE OF THE INSPECTOR GENERAL (OIG) › Section 430.100 - OIG Reports

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
			 Inspector General's report to the Director shall be in writing and shall
			 contain recommendations. The OIG may recommend systemic reform or case-specific
			 action, including a recommendation for discharge or discipline of either
			 Department or private agency employees or for sanctions against a private
			 agency or foster parent. Individual OIG investigators may not make
			 recommendations for discipline. All recommendations to pursue discipline must
			 be in writing and must be signed by the Inspector General for consideration by
			 the Director. Private agencies that are the subject of reports and Department
			 management shall review and assess whether practice and systems issues raised
			 by individual case-based OIG reports may offer guidance in remedying failings
			 in the field.
b) Reports to the
			 Director
1) Reports will be shared with the
			 Director within one week after completion.
2) After a report is submitted to the
			 Director, the Director shall determine whether to accept, reject, or request
			 modification of the recommendations contained in the report.
3) If a recommendation is not accepted, the
			 Inspector General may delete or modify the recommendation.
4) When the Director has accepted the
			 recommendations contained in the report, portions of the report shall be
			 provided to the private agency that is the subject of a recommendation and with
			 those involved in the implementation of the recommendation. Those receiving any
			 OIG report may not further distribute the report or any confidential
			 information contained in the report.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 430 - OFFICE OF THE INSPECTOR GENERAL (OIG) › Section 430.110 - Annual Reports

Current through Register Vol. 48, No. 28, July 12, 2024
The OIG shall provide to the General Assembly and the Governor,
				no later than January 1 of each year, a summary of reports and investigations
				made under this Part for the previous fiscal year. The summaries shall detail
				recommendations and the status of implementation of recommendations. The
				summaries shall not contain any confidential or identifying information
				concerning the subjects of the reports and investigations. [20 ILCS
				505/35.5(h) ]
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 430 - OFFICE OF THE INSPECTOR GENERAL (OIG) › Section 430.120 - Severability

Current through Register Vol. 48, No. 28, July 12, 2024
If any court of competent jurisdiction finds that any Section,
				clause, phrase, or provision of this Part is unconstitutional or invalid for
				any reason whatsoever, this finding shall not affect the validity of the
				remaining portions of this Part.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 431 - CONFIDENTIALITY OF PERSONAL INFORMATION OF PERSONS SERVED BY THE DEPARTMENT OF CHILDREN AND FAMILY SERVICES › Section 431.15 - Purpose

Current through Register Vol. 48, No. 28, July 12, 2024
The purpose of these rules is to specify:
a) who has access to records which contain
			 personal information about persons served by the Department or about the
			 subjects of a child abuse or neglect report made to and investigated by the
			 Department, and who must consent to release of personal information,
b) to whom the Department may disclose
			 personal information without prior consent,
c) under what conditions access to records
			 will be granted or denied by the Department, and
d) when the DCFS-Office of the Inspector
			 General may impound the records of the Department, its foster parents or
			 relative caregivers, service providers, or contractors.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 431 - CONFIDENTIALITY OF PERSONAL INFORMATION OF PERSONS SERVED BY THE DEPARTMENT OF CHILDREN AND FAMILY SERVICES › Section 431.40 - Required Consents Prior to Disclosure of Personal Information

Current through Register Vol. 48, No. 28, July 12, 2024
a) Except as
			 allowed in these rules, no personal information obtained concerning a person
			 served by the Department or concerning the subjects of a child abuse or neglect
			 report may be disclosed by the Department without the written consent of that
			 individual, provided that individual has reached 18 years of age or, for mental
			 health information and information regarding birth control services, pregnancy,
			 treatment for sexually transmissible diseases or drug or alcohol abuse, the
			 individual must be 12 years of age.
b) In the event that the personal information
			 concerns a minor, the written consent of his parent, legal custodian or
			 guardian must be obtained unless the rules in this Part specifically allow for
			 a minor to consent to the release of the requested information.
c) In the event that the personal information
			 concerns any record kept by a therapist or by an agency in the course of
			 providing mental health or developmental disabilities services to a minor or an
			 adult, consent for release must be obtained in conformity with Sections 804 and
			 805 of the Mental Health and Developmental Disabilities Confidentiality
			 Act.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 431 - CONFIDENTIALITY OF PERSONAL INFORMATION OF PERSONS SERVED BY THE DEPARTMENT OF CHILDREN AND FAMILY SERVICES › Section 431.50 - Client Access to Records Which Contain Personal Information

Current through Register Vol. 48, No. 28, July 12, 2024
a) Except as provided in this Section,
			 persons served by the Department who have reached 12 years of age shall have
			 full access to all records which contain their personal information, unless
			 access is prohibited specifically by this Part. A parent whose parental rights
			 have not been terminated or a guardian of the person of a minor shall have full
			 access to the personal information contained in the records of said minor,
			 unless access is prohibited specifically or otherwise restricted by this
			 Part.
b) The Department shall
			 provide access to records within ten working days after the receipt of the
			 request, if practicable. In instances in which the material cannot be easily
			 identified and assembled, the Department will provide the records within a
			 reasonable time. Records shall be viewed in the Department field office, a
			 purchase of service provider office or another location which will not place an
			 undue hardship on the individual. The Department may require that a
			 representative of the Department be present when the records are viewed to
			 interpret the contents of the records. Individuals may convey the right to view
			 their records by a written statement to an attorney or other person.
c) Every incidence of release of information
			 to persons outside the Department shall be recorded in the case
			 record.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 431 - CONFIDENTIALITY OF PERSONAL INFORMATION OF PERSONS SERVED BY THE DEPARTMENT OF CHILDREN AND FAMILY SERVICES › Section 431.55 - Redaction

Current through Register Vol. 48, No. 28, July 12, 2024
All records that are released shall be redacted in accordance
				with this Part and applicable laws, including but not limited to the Abused and
				Neglected Child Reporting Act, the Mental Health and Developmental Disabilities
				Confidentiality Act, the Alcoholism and Other Drug Abuse and Dependency Act [20
				ILCS 301 ], the Children and Family Services Act [20 ILCS 505 ], the AIDS
				Confidentiality Act [410 ILCS 305 ] and any other applicable
				law.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 431 - CONFIDENTIALITY OF PERSONAL INFORMATION OF PERSONS SERVED BY THE DEPARTMENT OF CHILDREN AND FAMILY SERVICES › Section 431.60 - Subject Access to Records of Child Abuse and Neglect Investigations

Current through Register Vol. 48, No. 28, July 12, 2024
a) Subjects,
			 including minor subjects, of reports of suspected abuse or neglect are allowed
			 access to the child abuse/neglect investigative records which have been
			 indicated or unfounded as specified in subsection (b) of this Section. However,
			 no information will be released during the pendency of an investigation before
			 the Department has determined whether the report is indicated or unfounded,
			 except as allowed in Section
			 300.160 of
			 89 Ill. Adm. Code 300 (Reports of Child Abuse and Neglect) or for purposes of a
			 fair hearing requested prior to the final determination of indicated or
			 unfounded. In addition, the identity or location of persons reporting or
			 cooperating in such investigations shall not be provided to any subject, unless
			 a subject appeals an indicated finding and an administrative law judge
			 determines that the lack of such information would prejudice the appellant's
			 case or violate due process of law principles. In addition, the Department may
			 seek a court order prohibiting the release to the subjects of a report of any
			 information deemed likely to be harmful to them. The circumstances under which
			 the administrative law judge will be allowed to order the disclosure to the
			 appellant of the names of reporters or other persons cooperating in the
			 investigation include, but are not limited to, the following:
1) Testimony must have been offered by the
			 appellant that the reporter or collateral witnesses demonstrated bias, motive,
			 reason to fabricate or that the reporter or collateral witnesses have other
			 information relevant to the testimony of the reporter or collateral
			 witness.
2) The appellant must
			 provide the administrative law judge in private with the names of the persons
			 believed to be the reporter or collateral witnesses.
3) The individual presenting the Department's
			 case at the hearing shall then disclose the identity of the person(s) to the
			 administrative law judge in an in-camera setting.
4) If the reporter or collateral witnesses is
			 the same as the persons named by the appellant, then the identity will be
			 disclosed to the appellant. Otherwise, no disclosure will be made. If the
			 identity of the reporter is disclosed, a written notice shall be sent to the
			 reporter advising of the disclosure of the individual's identity.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 431 - CONFIDENTIALITY OF PERSONAL INFORMATION OF PERSONS SERVED BY THE DEPARTMENT OF CHILDREN AND FAMILY SERVICES › Section 431.70 - Denial of Requests to Access Information

Current through Register Vol. 48, No. 28, July 12, 2024
A person shall be denied access to the following material which
				may be considered personal information:
a) Adoption Records
1) The Department may deny a person his
			 personal information in situations involving adoption when the information
			 would allow that individual to determine the identity of his parents, siblings,
			 or other relatives; or would allow the individual the opportunity to determine
			 the whereabouts of a child which was voluntarily or involuntarily relinquished
			 for adoption. The Director of the Department may release this information
			 following an evaluation if in the Director's opinion releasing the information
			 is in the best interests of all persons involved in the adoption of the
			 child.
2) Parents whose parental
			 rights have been surrendered or legally terminated may indicate in writing
			 whether they would allow their child to have access to their name(s) and
			 information about them at some time in the future. This written statement shall
			 be provided when the child is relinquished for adoption. When the parents have
			 requested that their name(s) and information about them not be released to the
			 child at a later date, their request shall be respected insofar as permissible
			 by state or federal law or regulation. One significant federal law is the
			 Indian Child Welfare Act. Under this law the parent shall be entitled to
			 absolute anonymity in the case of voluntary relinquishment upon
			 request.
3) All requests shall be
			 included both in the parents' and child(ren)'s records.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 431 - CONFIDENTIALITY OF PERSONAL INFORMATION OF PERSONS SERVED BY THE DEPARTMENT OF CHILDREN AND FAMILY SERVICES › Section 431.85 - Public Disclosure of Information Regarding the Abuse or Neglect of a Child

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Director
			 or designee may disclose to the public information regarding the abuse or
			 neglect of a child, if he or she determines that such disclosure is not
			 contrary to the best interests of the child, the child's siblings, or other
			 children in the household, provided one of the following factors is present:
1) the subject of the report has been
			 criminally charged with committing a crime related to the child abuse or
			 neglect report; or
2) a law
			 enforcement agency or official, a State's Attorney, or a judge of the State
			 court system has publicly disclosed in a report, as part of his or her official
			 duty, information regarding the investigation of a report or the provision of
			 services by the Department; or
3)
			 an adult subject of the report has knowingly and voluntarily made a public
			 disclosure concerning a Child Abuse and Neglect Tracking System (CANTS) report;
			 or
4) the child named in the report
			 has been critically injured or has died.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 431 - CONFIDENTIALITY OF PERSONAL INFORMATION OF PERSONS SERVED BY THE DEPARTMENT OF CHILDREN AND FAMILY SERVICES › Section 431.90 - Disclosure of Personal Information Without Consent

Current through Register Vol. 48, No. 28, July 12, 2024
a) Persons Who May Receive Personal
			 Information Without Consent
The Department shall disclose personal information to the
				following persons or category of persons without the consent of the individual
				only in accordance with the provisions of the Children and Family Services Act,
				Mental Health and Developmental Disabilities Confidentiality Act, the AIDS
				Confidentiality Act, or ANCRA, as applicable to the type of information being
				requested:
1) Law Enforcement Officers
A) Department child welfare staff, with
			 approval of the immediate supervisor, shall release personal information to
			 State's Attorneys, the Attorney General, municipal and sheriff's police (in
			 Illinois or other jurisdictions), and the Department of State Police, when
			 releasing the information is consistent with the best interests of the child or
			 when the information is relevant to a pending investigation.
B) If personal information is requested by
			 law enforcement officers other than listed in subsection (a)(1)(A), or if the
			 information requested is not consistent with the best interests of the child
			 served by the Department, the information may be released only by the Director
			 of the Department or his or her designee.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 431 - CONFIDENTIALITY OF PERSONAL INFORMATION OF PERSONS SERVED BY THE DEPARTMENT OF CHILDREN AND FAMILY SERVICES › Section 431.100 - Disclosure of Mental Health and Developmental Disabilities Information

Current through Register Vol. 48, No. 28, July 12, 2024
Release of and access to clinical, social work, psychological,
				psychiatric or other information of a mental health nature shall be governed by
				Section 4 of the Mental Health and Developmental Disabilities Confidentiality
				Act. Significant portions of that Act are as follows:
a)
The following persons shall be
			 entitled, upon request, to inspect and copy a recipient's record or any part
			 thereof:
1)
the parent or
			 guardian of a recipient who is under 12 years of age;
2)
the recipient if he
or
			 she
is 12 years of age or older;
3)
the parent or guardian of a
			 recipient who is at least 12 but under 18 years, if the recipient is informed
			 and does not object or if the therapist does not find that there are compelling
			 reasons for denying such access. The parent or guardian who is denied access by
			 either the recipient or the therapist may petition a court for access to the
			 record;
4)
the
			 guardian of a recipient who is 18 years or older; or
5)
an attorney or guardian ad litem
			 who represents a minor 12 years of age or older in any judicial or
			 administrative proceeding, provided that the court or administrative hearing
			 officer has entered an order granting the attorney this right.
[740 ILCS
			 110/4 ]
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 431 - CONFIDENTIALITY OF PERSONAL INFORMATION OF PERSONS SERVED BY THE DEPARTMENT OF CHILDREN AND FAMILY SERVICES › Section 431.105 - Disclosure of Alcoholism and Other Drug Abuse Records

Current through Register Vol. 48, No. 28, July 12, 2024
Records of the identity, diagnosis, prognosis or
				treatment of any patient maintained in connection with the performance of any
				program or activity related to alcohol or other drug abuse or dependency
				education, early intervention, intervention, training, treatment or
				rehabilitation
that
is regulated, authorized or directly or
				indirectly assisted by any Department or agency of this State or under any
				provision of the
Alcoholism and Other Drug Abuse and Dependency
Act shall be confidential and may be disclosed only
with
				consent.
The following are exempt from
federal
confidentiality
provisions and can be disclosed without
				consent:
a)
Veteran's
			 Administration records;
b)
Information obtained by the Armed Forces;
c)
Information given to qualified
			 service organizations;
d)
Communications within a program or between a program and an entity
			 having direct administrative control over that program;
e)
Information given to law
			 enforcement personnel investigating a patient's commission of a crime on the
			 program premises or against program personnel; and
f)
Reports under State law of
			 incidents of suspected child abuse and neglect; however, confidentiality
			 restrictions continue to apply to the records and any follow-up information for
			 disclosure and use in civil or criminal proceedings arising from the report of
			 suspected abuse or neglect.
[20 ILCS
			 301/30-5 ]
AGENCY NOTE: Statements of observation of a person's demeanor
				  or behavior that suggest they are under the influence of alcohol or a
				  controlled substance are not protected.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 431 - CONFIDENTIALITY OF PERSONAL INFORMATION OF PERSONS SERVED BY THE DEPARTMENT OF CHILDREN AND FAMILY SERVICES › Section 431.110 - Disclosure of Physical Health Information

Current through Register Vol. 48, No. 28, July 12, 2024
a) Health Information Portability and
			 Accountability Act (HIPAA)
1) HIPAA
			 regulations (
			 45
			 CFR 164.512(b)(1)(ii) )
			 specifically permit use or disclosure of protected health information with a
			 public health authority or other appropriate government authority authorized by
			 law to receive reports of child abuse or neglect. DCFS is a government
			 authority authorized by law to receive reports of child abuse or
			 neglect.
2) In addition, HIPAA
			 allows the release of personal health information to an individual's personal
			 representative. Included in the definition of personal representative is a
			 guardian or person acting in loco parentis with legal authority to make health
			 care decisions on behalf of a minor child. When conflicts arise between HIPAA
			 and other confidentiality rules, the stricter requirements apply.
3) The Medical Patient Rights Act establishes
			 the right of each patient to privacy and confidentiality in health care.
			 Physical health information may be disclosed when relevant to a child
			 protection investigation. The Children and Family Services Act permits any
			 individual dealing with or providing services to a minor ward to share
			 information with another individual dealing with or providing services to the
			 minor for the purpose of coordination efforts on behalf of the minor. However,
			 the Department shall not release information concerning any medical care to
			 which the minor has the right of consent. (See the Consent by Minors to Medical
			 Procedures Act [410 ILCS 210 ] for specifics on when a minor has the right to
			 consent to his or her own medical care.)
4) If Department, POS or HealthWorks (see
			 subsection (a)(3)) staff experience difficulty in obtaining information to
			 which the Department has a right from healthcare providers who are citing HIPAA
			 as the reason to deny information, staff shall consult with their supervisor.
			 The supervisor will consult with the Office of the DCFS Guardian if the problem
			 persists.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 431 - CONFIDENTIALITY OF PERSONAL INFORMATION OF PERSONS SERVED BY THE DEPARTMENT OF CHILDREN AND FAMILY SERVICES › Section 431.120 - Removal of Records Prohibited

Current through Register Vol. 48, No. 28, July 12, 2024
Records of the Department may not be removed from Departmental
				facilities by non-Department staff, except as provided in Section
				431.130,
				but may be photocopied. The Department may charge for the cost of reproducing
				said records at the rate established in 2 Ill. Adm. Code 775 (Public
				Information, Rulemaking, and Organization).
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 431 - CONFIDENTIALITY OF PERSONAL INFORMATION OF PERSONS SERVED BY THE DEPARTMENT OF CHILDREN AND FAMILY SERVICES › Section 431.140 - Applicability of This Part

Current through Register Vol. 48, No. 28, July 12, 2024
This Part shall apply to personal information contained in all
				closed, active and future records of the Department, regardless of whether they
				are maintained in written, microfilm or electronic (digital)
				storage.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 432 - RESEARCH INVOLVING CHILDREN AND FAMILIES › Section 432.1 - Purpose

Current through Register Vol. 48, No. 28, July 12, 2024
These rules describe the position of the Department toward
				research that proposes to involve children for whom the Department has legal
				responsibility and their families or which proposes to involve current or
				former families and children who are or have received Department services, or
				the records of such individuals.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 432 - RESEARCH INVOLVING CHILDREN AND FAMILIES › Section 432.2 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
"Maximum allowable risk" means the greatest tolerable risk the
				Department will permit to the children and families it serves. This risk must
				not be greater overall than would be normally encountered in the daily lives or
				in routine medical or psychological care or examination of a comparable group
				of Illinois children for whom the Department is not legally responsible. Since
				abused, neglected, dependent and other children for whom the Department is
				legally responsible and their families may already be psychologically or
				physically disadvantaged compared to the general population of children and
				families, minimal risk requirements for these children and families will be
				more stringent than for the general population.
"Research" or "research project considered by the Department"
				means a formal investigation which is designed to develop, confirm or
				contribute to practical or theoretical knowledge of benefit to children and
				families, and which is proposed by persons who are not Department staff. The
				systematic gathering of data which does not include identifying information on
				clients, for purposes of evaluating services or for review of legal compliance
				by appropriate governmental agencies, is not considered to be research.
"Research Review Board" means a committee appointed by the
				Director to review proposed research projects which would be conducted by
				persons who are not Department staff and which would involve children and
				families currently or formerly served by the Department directly or through
				contact or formal agreement, or records of such individuals.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 432 - RESEARCH INVOLVING CHILDREN AND FAMILIES › Section 432.3 - Responsibilities of the Research Review Board

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Research Review Board will receive,
			 review and analyze all proposed research which would involve children and
			 families served by the Department, or records of such children and families,
			 and research proposed by Department providers. The Research Review Board may
			 seek the advice of medical, technical and program experts to assist the Board
			 in determining the scientific significance of the proposed research and the
			 potential effect on the subjects. Services provided to Department clients as
			 part of a research project are not reimbursable unless such services are
			 directly covered under the contract with the Department which is executed prior
			 to the research.
b) The Research
			 Review Board will make a recommendation to the Director of the Department on
			 each research project. The recommendation will describe in specific detail
			 whether or not the research meets acceptable criteria as defined in these rules
			 and in 89 Ill. Adm. Code 431, Confidentiality of Personal Information. The
			 recommendation will include dissenting or provisional opinions, if applicable,
			 from the Research Review Board members and consultants.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 432 - RESEARCH INVOLVING CHILDREN AND FAMILIES › Section 432.4 - Membership of the Research Review Board

Current through Register Vol. 48, No. 28, July 12, 2024
The Director of the Department will appoint at least three
				persons to the Research Review Board to serve annual terms which may be
				renewed. At least one Department attorney and one social worker will be
				appointed. The social worker and any other members, other than the attorney,
				may be selected by the Director from Department staff or from other qualified
				individuals who are not Department staff. The Director may select a former
				client(s) as a member(s) of the Research Review Board.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 432 - RESEARCH INVOLVING CHILDREN AND FAMILIES › Section 432.5 - Criteria by Which Proposed Research Will be Evaluated

Current through Register Vol. 48, No. 28, July 12, 2024
a) Proposed research involving children and
			 families currently or formerly served by the Department submitted to the office
			 designated by the Director, shall meet the following criteria:
1) offers minimal risk to children and
			 families served by the Department;
2) assures that the safest procedures are
			 used consistent with sound research design and methodology;
3) makes adequate provision to protect the
			 privacy rights of children and families and to maintain confidentiality of
			 records;
4) maintains human
			 dignity;
5) shows promise of
			 producing, confirming, or otherwise advancing knowledge of child or family
			 emotional or physical conditions;
6) assures that subjects will be selected in
			 an equitable manner consistent with the goals of the research whenever
			 appropriate;
7) assures that
			 adults, older children and infants have been considered in that order for
			 participation in the proposed research wherever appropriate; and
8) assures that, when feasible, the research
			 will be used for diagnostic and treatment purposes to directly benefit
			 participating subjects.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 432 - RESEARCH INVOLVING CHILDREN AND FAMILIES › Section 432.6 - Voluntary Assent of Minors and Consent of Adults and Families

Current through Register Vol. 48, No. 28, July 12, 2024
Adequate provisions will be made for the voluntary assent of
				minors who are capable of assent and for the consent of adults who will be
				directly involved in such research through interviewing, completing research
				forms, or other forms of direct participation. The consent of parent(s),
				guardian or legal custodian of minor children directly participating in the
				research is also required. The consent of individuals whose case record data
				will be aggregated and whose anonymity will be preserved is not
				required.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 432 - RESEARCH INVOLVING CHILDREN AND FAMILIES › Section 432.7 - Use of Experimental Drugs

Current through Register Vol. 48, No. 28, July 12, 2024
The Department shall not permit the purely experimental use of
				drugs in research. No drug of an experimental nature may be given or
				administered in any form or manner for research purposes to any minor served by
				the Department. These rules do not prohibit the use of experimental drugs on an
				individual case basis as provided for in Part 327, Permanency Advocacy
				Services. Such individual case decisions as described in Part 327 do not fall
				under the responsibility of the Research Review Board unless the case(s) is
				part of a research project.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 432 - RESEARCH INVOLVING CHILDREN AND FAMILIES › Section 432.8 - Retention of Records

Current through Register Vol. 48, No. 28, July 12, 2024
a) All
			 records pertaining to the human subject aspects of approved research projects,
			 including but not limited to consent forms, data collection instruments,
			 population/sampling lists, shall be retained by the researchers for a period of
			 at least thirty-six (36) months following termination of the
			 research.
b) Project records of the
			 researchers shall be available upon request for inspection by the Department's
			 Office of Audits, Office of Investigations or any other Department staff
			 designated by the Director.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 432 - RESEARCH INVOLVING CHILDREN AND FAMILIES › Section 432.9 - Final Approval of Research Involving Children and Families

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Director of the Department of Children
			 and Family Services or his designee, will make all decisions, including
			 approval, approval with stipulations, or disapproval for each proposed research
			 project involving Department clients.
b) The Director, or his designee, shall have
			 the benefit of all opinions of the members of the Research Review Board and any
			 consultant or citizen consulted by the Research Review Board.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 433 - USE OF DEPARTMENT FACILITIES AND GROUNDS › Section 433.2 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
"Department facilities and grounds" means properties owned or
				leased by the Department of Children and Family Services for the purpose of
				providing, or supporting the provision of, child welfare services.
"Facility administrator" means the Department employee who is
				administratively responsible and accountable for the day-to-day operation of a
				Department facility.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 433 - USE OF DEPARTMENT FACILITIES AND GROUNDS › Section 433.3 - Employee Organization Requests

Current through Register Vol. 48, No. 28, July 12, 2024
Official employee organizations representing Department
				employees may request permission from a facility administrator to use assembly
				halls, auditoriums, and similar meeting rooms to conduct union business on an
				as needed basis, free of charge. Official requests will be made with reasonable
				notice to the facility administrator each time the facility is to be used.
				Requests for strike votes or strike preparation activities, organizing efforts,
				and non-work related activities in Department facilities are not condoned and
				will not be granted.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 433 - USE OF DEPARTMENT FACILITIES AND GROUNDS › Section 433.5 - Solicitation of Employees by For-Profit Organizations or Individuals

Current through Register Vol. 48, No. 28, July 12, 2024
a) No individual or
			 collective solicitations by persons representing for-profit organizations shall
			 be permitted on Department owned or leased property during either work or
			 non-work hours. Names of individual employees shall not be provided to persons
			 acting as agents for such companies or organizations.
b) This rule shall not apply to
			 not-for-profit general charitable or other State and Department approved
			 campaigns such as savings bonds and United Fund drives. Also, this rule shall
			 not apply where a sales representative is on State premises to meet with an
			 authorized Department staff member to effect State Business.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 433 - USE OF DEPARTMENT FACILITIES AND GROUNDS › Section 433.6 - Request Approval

Current through Register Vol. 48, No. 28, July 12, 2024
The facility administrator shall grant employee organizations
				permission to use facility space on a non-discriminatory first come-first
				served basis when:
a) The meetings do
			 not interfere with the Department's operation and use of the
			 facilities;
b) The meeting will not
			 disrupt the Department services offered in the facility;
c) The Department will incur no additional
			 cost as a result of the meeting. Some examples of additional costs are
			 additional overtime for security guards or supervisory personnel required to
			 assure the facility is locked, and unreasonable energy costs to maintain
			 heating or air conditioning; and
d)
			 The organization or group will leave the facility in the same condition as it
			 was found.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 434 - AUDITS, REVIEWS, AND INVESTIGATIONS › Section 434.1 - Purpose

Current through Register Vol. 48, No. 28, July 12, 2024
The purpose of this Part is to define the scope of the
				audits/reviews and investigations conducted by the Department. This Part also
				explains the process the Department will use when conducting audits/reviews and
				investigations of private agencies that contract with the Department, and
				agencies that are licensed by the Department.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 434 - AUDITS, REVIEWS, AND INVESTIGATIONS › Section 434.3 - Audit Standards to be Applied and Audit Procedures to be Followed for Office of Field Audits - OFA

Current through Register Vol. 48, No. 28, July 12, 2024
The audits of entities shall be performed in accordance with
				the Government Auditing Standards (United States General Accounting Office,
				2002).
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 434 - AUDITS, REVIEWS, AND INVESTIGATIONS › Section 434.4 - Scope of the OFA Audit/Review or Investigation

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Department reserves the right to
			 conduct audits/reviews, limited reviews, follow-up reviews and/or
			 investigations of entities that contract with or are licensed by the
			 Department. The Department may elect to designate qualified individuals to do
			 this on its behalf when an independent (non-DCFS) audit is required by law or
			 contract. Outside independent auditors will be used to conduct audits when a
			 grant award from an outside funding source requires an independent certified
			 audit as a condition of the grant. Audits/reviews and investigations shall
			 encompass some or all of the following general objectives:
1) an examination of financial transactions,
			 accounts, and reports, including an evaluation of compliance with applicable
			 laws and regulations and Department rules.
2) an evaluation of whether the entity is
			 maintaining effective control over revenues, expenditures, assets and
			 liabilities.
3) an examination to
			 verify that financial and cost reports contain accurate and reliable financial
			 and client service data, and are presented fairly.
4) an examination to verify that related
			 party transactions are properly accounted for and disclosed
			 appropriately.
5) an examination to
			 verify that funds are used for their stated purpose as prescribed in the
			 contract with the Department.
6) an
			 examination to verify that costs and services were incurred, expended or
			 provided as billed.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 434 - AUDITS, REVIEWS, AND INVESTIGATIONS › Section 434.5 - Reports of OFA Auditors

Current through Register Vol. 48, No. 28, July 12, 2024
a) All
			 entities that undergo a Department audit, review or investigation shall be
			 provided a draft copy and a final copy of the report.
b) The audited entity shall be provided with
			 a draft copy of the audit or review within 30 business days after the fieldwork
			 is completed. Fieldwork may include additional work after the "onsite" work has
			 been completed. At that time, the entity will be requested to provide written
			 comments on the findings and recommendations corresponding to each issue. The
			 draft copy will be distributed to the appropriate officials of the Department
			 and the audited entity.
c) The
			 draft report shall present findings and detailed supporting information to the
			 extent necessary to clarify the findings. Where possible, the report shall
			 contain the auditor's recommendations to effect improvements in problem areas
			 noted in the audit and to otherwise make improvements in operations.
d) Upon receipt of the draft report, the
			 entity may submit a response to the findings and recommendations. The response
			 must be submitted to the Office of Field Audits within 30 business days after
			 the date of receipt of the draft report.
e) A final report shall be issued within 30
			 business days after the date of the draft report unless the entity requests an
			 exit conference or an administrative hearing of the audit findings per Sections
			 434.6 and
			 434.10 of
			 this Part.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 434 - AUDITS, REVIEWS, AND INVESTIGATIONS › Section 434.6 - Exit Conferences

Current through Register Vol. 48, No. 28, July 12, 2024
All entities that undergo a Department audit, review or
				investigation shall be given the opportunity for an exit conference and an
				administrative hearing of the Department's findings and recommendations. The
				requirements for requesting a review of the findings and recommendations are as
				follows:
a) After receipt of the draft
			 report or desk review report, the entity may request an exit conference. The
			 request for an exit conference must be received within 15 business days after
			 receipt of the draft report or desk review report. The request must be sent to
			 the Department's Office of Field Audits and must explain which findings and
			 recommendations the entity does not understand or does not agree with.
1) The exit conference shall be scheduled
			 within 15 business days after the request and shall be a general discussion
			 between the agency representatives and the auditors who performed the fieldwork
			 or desk review. Proposed responses to the draft report or desk review may be
			 presented at the time of the discussion.
2) When an exit conference is held, the final
			 report shall contain a brief narrative regarding the date that the conference
			 was held; the names of the persons attending; the topics discussed; and any
			 mutually agreed changes to the draft or report that were decided upon during
			 the exit conference.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 434 - AUDITS, REVIEWS, AND INVESTIGATIONS › Section 434.7 - Certified Audits, Cost Reports and Desk Reviews

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Department's requirements for
			 providers include the annual filing of a cost report in accordance with 89 Ill.
			 Adm. Code 356 (Rate Setting) and an audit report in accordance with 89 Ill.
			 Adm. Code 357 (Purchase of Service) and 360 (Grants-in-Aid).
b) The certified audit reports are reviewed
			 by the Office of Field Audits and the cost reports are reviewed by the Rate
			 Setting Unit and, when appropriate, a report on the certified audit or cost
			 reports will be issued to Department officials who are responsible for the
			 contracts. The general objectives of the desk review and report shall determine
			 whether:
1) financial and service unit
			 information is appropriately presented and is consistent with the generally
			 accepted accounting principles;
2)
			 costs incurred in operating the contracted service are not less than the
			 revenues received directly for the program;
3) related party transactions are
			 appropriately recorded and disclosed;
4) significant accounting practices and other
			 information that require disclosure (as described by generally accepted
			 accounting principles) are disclosed appropriately; and
5) funds were used in accordance with
			 Department policy and whether the entity has received monies in excess of
			 actual reimbursable costs.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 434 - AUDITS, REVIEWS, AND INVESTIGATIONS › Section 434.8 - Records Maintenance and Availability for Audit

Current through Register Vol. 48, No. 28, July 12, 2024
All records specified in the Department's rules on Service
				Delivery (89 Ill. Adm. Code 300-313), Fiscal Administration (89 Ill. Adm. Code
				351-362), and Licensing Standards (89 Ill. Adm. Code 377-410, as appropriate
				for the facility type), and any documents that support financial transactions
				or billing statements, or that should be included in a case or personnel file
				must be or maintained by the provider for a period of five years. Department
				requests for review of records shall be subject to the following
				guidelines:
a) entities shall be
			 issued a written request to provide required records by properly authorized
			 Department staff or designees at the commencement of desk review, limited
			 review, preliminary review, limited scope audit, full scope audit or receipt of
			 a questionable business paper;
b)
			 if the records (requested in writing) are not provided within 15 business days
			 after the date of the request, the Department's Director or authorized designee
			 shall issue a subpoena for the requested records;
c) continued failure to provide the requested
			 records shall, with the Director's approval, result in termination of the
			 Department's contract with the entity and forfeiture or withholding of
			 payment.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 434 - AUDITS, REVIEWS, AND INVESTIGATIONS › Section 434.9 - Responsibilities of the Office of Field Audits

Current through Register Vol. 48, No. 28, July 12, 2024
The Department of Children and Family Services is mandated by
				the Fiscal Control and Internal Auditing Act [30 ILCS 10 ] to monitor, report
				on, and enforce Department compliance with federal and State statutes,
				Department rules, policy, and management directives, as well as to ensure the
				integrity of Department assets through the review and monitoring of internal
				accounting controls. The Associate Deputy Director reports and is directly
				responsible to the Deputy Director of the Purchase of Service Monitoring
				Division. In order to fulfill their duties, the Department's Office of Field
				Audits regularly undertakes audits and annual Desk Reviews of purchase of
				service providers and other entities that have contracts with or are licensed
				by the Department in order to assess their compliance with contracts, federal
				and State rules and regulations.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 434 - AUDITS, REVIEWS, AND INVESTIGATIONS › Section 434.10 - Administrative Hearings of Draft Audit Findings and Recommendations

Current through Register Vol. 48, No. 28, July 12, 2024
a) When a request
			 for an administrative hearing is received, the administrator of the
			 Administrative Hearings Unit may grant a request for a hearing only when:
1) the written request for an administrative
			 hearing is received by the Department within the 15 business days following the
			 conclusion of the exit conference;
2) the request is accompanied by supporting
			 documents or factual matters which refute or modify the Department's draft
			 finding; and
3) the issue is an
			 audit issue encompassed within the jurisdiction of the Administrative Hearings
			 Unit.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 434 - AUDITS, REVIEWS, AND INVESTIGATIONS › Section 434.12 - Severability of This Part

Current through Register Vol. 48, No. 28, July 12, 2024
If any court of competent jurisdiction finds that any Section,
				clause, phrase, or provision of this Part is unconstitutional or invalid for
				any reason whatsoever, this finding shall not affect the validity of the
				remaining portions of this Part.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 435 - ADMINISTRATIVE APPEALS AND HEARINGS › Section 435.1 - Purpose

Current through Register Vol. 48, No. 28, July 12, 2024
The purpose of these rules is to identify for the public those
				parts adopted by the Department of Children and Family Services which explain
				how Department decisions may be appealed. Appeals may be filed by a Department
				employee or an applicant for employment; an applicant for or recipient of
				Department services; parents or guardians of the estates of children billed for
				the costs of care and services provided by the Department; an applicant or
				holder of a permit or license issued by the Department; a provider from whom
				the Department purchases services; or a subject of a child abuse or neglect
				investigation.