reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 412 - LICENSURE OF DIRECT CHILD WELFARE SERVICE EMPLOYEES AND SUPERVISORS › Section 412.80 - Revocation and Suspension of License

Current through Register Vol. 48, No. 28, July 12, 2024
a) Upon the Board's final administrative
			 decision to revoke or suspend a license, the licensee shall immediately
			 surrender his or her license to the Department. Upon failure to do so by the
			 licensee, the Department shall provide for deactivation of licensure. A
			 suspension (other than a preliminary suspension) shall be for a specified
			 period of time and shall expire on the date or event stated and the license
			 will be restored with no further action required. The Department shall issue a
			 letter to the licensee and the licensee's known child welfare employer
			 informing them of the final administrative decision and informing the licensee
			 of his or her right to appeal the final administrative decision, including
			 directions on where and when to appeal.
b) Anytime a Child Welfare Employee License
			 is suspended or revoked, and the person whose license was suspended or revoked
			 also holds a license in a child welfare-related field that is monitored by the
			 Illinois Department of Financial and Professional Regulation, OCWEL will notify
			 the Illinois Department of Financial and Professional Regulation of the
			 suspension or revocation. Licenses that are considered child welfare-related
			 include the following:
1) Licensed Clinical
			 Professional Counselor;
2) Licensed
			 Professional Counselor;
3) Licensed
			 Temporary Professional Counselor;
4) Licensed Marriage and Family
			 Therapist;
5) Licensed Clinical
			 Psychologist;
6) Licensed Clinical
			 Social Worker;
7) Licensed Social
			 Worker; and
8) Temporary Licensed
			 Social Worker.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 412 - LICENSURE OF DIRECT CHILD WELFARE SERVICE EMPLOYEES AND SUPERVISORS › Section 412.90 - Preliminary Suspension by Board Action

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Board may preliminarily suspend the
			 license of a direct child welfare service employee without a hearing,
			 simultaneously with the receipt of a complaint that contains sufficient
			 indications of reliability and suggests that the licensee may pose an imminent
			 danger to the public if allowed to continue practicing direct child welfare
			 services pending investigation or licensure action or pursuant to Section
			 412.50(a)(2) or
			 (12). OCWEL shall notify the licensee and the
			 licensee's known child welfare employer of the preliminary suspension within
			 two business days. The Preliminary Suspension Notice will inform the licensee
			 that, if requested within 14 days after the date of the Notice, a hearing will
			 be scheduled. If requested, a post-preliminary suspension hearing will be
			 scheduled with the Administrative Hearing Unit within 30 calendar days after
			 the request for the hearing, but will be limited to the question of whether
			 preliminary suspension is warranted. The Notice of Preliminary Suspension
			 Hearing shall be sent to the licensee and the known child welfare employer of
			 the licensee. A Preliminary Suspension Notice shall state that the preliminary
			 suspension will expire at the conclusion of the OIG investigation and any
			 administrative or court action following the investigation. The Notice shall
			 also contain a short statement explaining the basis of the Board's decision
			 that the complaint contained sufficient indications of reliability and
			 suggested that the licensee may pose an imminent danger to the public if
			 allowed to continue practicing direct child welfare services pending licensure
			 action or pursuant to Section
			 412.50(a)(2) or
			 (12). A full hearing on the charges will be
			 offered if charges are filed following completion of the investigation. At the
			 preliminary suspension hearing, the licensee can petition the ALJ for access to
			 the complaint based on a showing that examination of the complaint is relevant
			 to the preliminary suspension hearing.
b) If the OIG determines not to pursue
			 charges once a preliminary suspension has been issued, the OIG will notify
			 OCWEL of its intent not to file charges. OCWEL will then notify the licensee
			 and the licensee's employer, if the licensee's employer was notified of the
			 suspension, that the temporary suspension has been lifted.
c) The ALJ shall prepare a recommendation
			 with findings of fact and conclusions of law as to whether the preliminary
			 suspension was warranted. The ALJ shall submit the hearing record and
			 recommendation to the Board. The ALJ shall submit the recommendation to all
			 parties and notify all parties of the availability of the hearing record. The
			 Board shall have the decisionmaking authority.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 412 - LICENSURE OF DIRECT CHILD WELFARE SERVICE EMPLOYEES AND SUPERVISORS › Section 412.100 - Reinstatement of Revoked, Suspended or Relinquished License

Current through Register Vol. 48, No. 28, July 12, 2024
a) A former licensee may be reinstated by the
			 Board when it is in the best interest of the public to do so, or when the
			 former licensee can show that the facts warranting prior licensure action or
			 investigation have been remedied or changed. A former licensee may request the
			 reinstatement of his or her revoked, suspended or relinquished license by
			 submitting a request to the Board through OCWEL that provides specific
			 information that supports the request.
b) A request for reinstatement may be
			 submitted in writing to OCWEL no earlier than 30 business days after receipt of
			 the written notice of license suspension or revocation or relinquishment during
			 a pending CWEL investigation or licensure action.
c) OCWEL shall notify the OIG and provide any
			 documentation within 10 days after receipt of a request for reinstatement of a
			 license. The OIG may file a written objection to the request within 30 days
			 after receipt of the notice from OCWEL.
d) The Board shall consider any prior
			 recommendation of an ALJ, charges filed, and a report or sworn statement by the
			 OIG regarding evidence developed in the investigation, when considering an
			 application to reinstate a license or grant a license that was relinquished
			 during a pending licensure investigation or administrative proceeding. For the
			 purpose of considering a request for reinstatement of a license, the Board
			 shall review the facts developed during the investigation. The Board may
			 request additional information from the OIG and/or the licensee.
e) The Board may not reinstate a license when
			 it has been determined by investigation and administrative hearing that it is
			 not in the best interest of the public to do so. Considerations that will be
			 reviewed when making a finding of "in the best interest of the public" include,
			 but are not limited to, the nature of the offense for which the license was
			 revoked, the period of time that has elapsed since the revocation, evidence of
			 rehabilitation, and character references.
f) Anytime a license that was suspended or
			 revoked is reinstated, and the Department of Financial and Professional
			 Regulation had been notified of the suspension or revocation, OCWEL will notify
			 the Department of Financial and Professional Regulation.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 412 - LICENSURE OF DIRECT CHILD WELFARE SERVICE EMPLOYEES AND SUPERVISORS › Section 412.110 - Severability of this Part

Current through Register Vol. 48, No. 28, July 12, 2024
If any court of competent jurisdiction finds any rule, clause,
				phrase or provision of this Part to be 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 428 - DEPARTMENT ADVISORY GROUPS › Section 428.10 - Purpose

Current through Register Vol. 48, No. 28, July 12, 2024
This Part describes:
a) those committees established by State law
			 or by this Part to advise the Department and to provide a forum for exchange
			 between government and community and to encourage long term development and
			 maintenance of systems of social services which are effective, efficient and
			 humane; and
b) the Illinois
			 Juvenile Justice Commission, created by State law to supervise the
			 administration of the juvenile justice program in Illinois and perform other
			 functions; and
c) regional youth
			 planning committees, created by State law, to advise the Department in the
			 development and maintenance of more comprehensive and integrated
			 community-based youth services.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 428 - DEPARTMENT ADVISORY GROUPS › Section 428.20 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
"Advisory group", as used in this Part, means a council,
				commission, committee or task force created by statute, executive order, or
				administrative action of the Director of the Department that, among its
				functions, provides advice and counsel to the Department regarding its programs
				and services or monitors Department operations. Such advisory groups may be
				composed entirely or partially of persons other than Department
				personnel.
"Confidential intermediary" means a person who, by order of an
				Illinois court, is given access to various adoption related records and other
				confidential information not generally available to the public in order to
				identify and locate birth relatives of the petitioner. If the sought after
				relative is located, the confidential intermediary facilitates the mutually
				desired communication or contact as provided by statute while maintaining the
				confidentiality of all parties.
"Conflict of interest", as used in this Part, means an
				individual uses his or her official position for private gain (other than
				salary), gives preferential treatment to any entity or person in the conduct of
				official duties because of personal interest, impedes or adversely affects
				governmental efficiency or economy because of personal interest, fails to act
				impartially in the conduct of official duties because of personal interest, or
				engages in conduct that could adversely affect the confidence of the public in
				the integrity of the Department of Children and Family Services. The term also
				means that the circumstances are such that a reasonable person might conclude
				that an individual's judgement could be influenced by the nature of the
				circumstances or the individuals involved. Conflicts of interest may be actual
				or potential.
"Direct financial interest" means any type of monetary gain
				from a Department-funded program, such as that acquired by salaried staff of
				Department-funded agencies, or Department staff.
"Geographic regions" means those groupings of counties
				designated by the Director for administration of Department
				programs.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 428 - DEPARTMENT ADVISORY GROUPS › Section 428.30 - Children and Family Services Advisory Council

Current through Register Vol. 48, No. 28, July 12, 2024
a) In accordance with Section 6.15 of the
			 Civil Administrative Code of Illinois [20 ILCS 5/6.15 ], there shall be a
			 Children and Family Services Advisory Council to advise the Department with
			 respect to its services and programs for children and adults under its
			 care.
b) There shall be seventeen
			 members, one of whom shall be a senior citizen age 60 or over, appointed by the
			 Governor, each appointed to a four year term. The terms of one-half of the
			 Council shall expire every two years on the third Monday in January in odd
			 numbered years. The Director shall make reasonable efforts to ensure that the
			 membership of the Council is culturally diverse, representative of the
			 population of the State, and geographically representative of the Department's
			 administrative regions. Members shall continue to serve until their successors
			 are appointed and qualified.
c) A
			 chairperson and vice chairperson shall be elected by the Council from among its
			 members for a term of one year beginning July 1 of each year. An officer shall
			 be eligible for re-election to the same office held for no more than two
			 consecutive terms.
d) Notice of
			 meetings and agendas of regular and special meetings shall, in addition to
			 those required in Section
			 428.130,
			 be sent to the Governor at least seven days prior to a scheduled meeting of the
			 Council.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 428 - DEPARTMENT ADVISORY GROUPS › Section 428.35 - One Church, One Child Advisory Board

Current through Register Vol. 48, No. 28, July 12, 2024
a) In accordance with Section 7.1 of the
			 Children and Family Services Act [20 ILCS
			 505/7.1 ], there shall be a One Church, One Child
			 Advisory Board to advise the Department in the placement of children by
			 encouraging black churches to help find permanent homes for black children
			 waiting to be adopted.
b) There
			 shall be twenty-five members appointed by the Governor, with at least one
			 member representing each region of the State as determined by the
			 Department.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 428 - DEPARTMENT ADVISORY GROUPS › Section 428.50 - Child Welfare Advisory Committee

Current through Register Vol. 48, No. 28, July 12, 2024
a) There shall be a Child Welfare Advisory
			 Committee to advise the Department on programmatic and budgetary matters
			 related to the provision or purchase of child welfare services.
b) There shall be twenty-five members
			 appointed by the Director of the Department. At least twenty of the members
			 shall be appointed from representatives of the voluntary (not-for-profit)
			 sector of child welfare service providers and the remaining members shall
			 include individuals with training and/or knowledge related to child welfare
			 services. The terms of appointments shall be for three years and expire on
			 January 1. Members shall continue to serve until their successors are
			 appointed.
c) A chairperson and
			 vice chairperson shall be appointed by the Director from the members of the
			 Committee. A staff member from the Department shall be appointed by the
			 Director to help carry out the functions of the Committee.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 428 - DEPARTMENT ADVISORY GROUPS › Section 428.60 - Statewide Citizens Committee on Child Abuse and Neglect

Current through Register Vol. 48, No. 28, July 12, 2024
a) In accordance with Section 11.7 of the
			 Abused and Neglected Child Reporting Act [325
			 ILCS 5/11.7 ], thereshall be a Statewide Citizens'
			 Committee on Child Abuse and Neglect to advise the Director on setting
			 priorities for the administration of child abuse prevention, shelters and
			 service programs, and to advise the Director on policies and procedures with
			 respect to the medical neglect of newborns and infants.
b) There shall be twenty-five members
			 appointed by the Director of the Department, each serving for a term of three
			 years. The terms of one-third of the Committee membership shall expire every
			 year on the 30th days of June. Members shall continue to serve until their
			 successors are appointed. No more than 20% of the membership may have a direct
			 financial interest in any Department funded program.
c) A chairperson and vice chairperson shall
			 be appointed by the Director of the Department from among its members for a
			 term of one year beginning July 1 of each year. An officer shall be eligible
			 for reappointment to the same office held for no more than two consecutive
			 terms.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 428 - DEPARTMENT ADVISORY GROUPS › Section 428.65 - Statewide Foster Care Advisory Council

Current through Register Vol. 48, No. 28, July 12, 2024
a) In accordance with the Statewide Foster
			 Care Advisory Council Law [20
			 ILCS 525/5-5 ], there shall be a Statewide Foster Care
			 Advisory Council to advise the Department with respect to all matters involving
			 or affecting the provision of foster care to abused, neglected, or dependent
			 children and their families.
b)
			 There shall be 22 members appointed by the Director, each serving for a term of
			 three years. To the extent possible, appointments of members shall be such that
			 the terms of one-third of the members in each category described in subsection
			 (d) below expire every year on June 30th. Further, the Director shall make
			 reasonable efforts to ensure that the membership of the Council is culturally
			 diverse, representative of the population of the State, and geographically
			 representative of the Department's administrative regions.
c) Membership of the Council shall consist of
			 2 foster parents each from the Department's southern and northern regions; 3
			 foster parents from the Department's central region, and 2 foster parents from
			 each of the Department's Cook County regions (including the current President
			 of the Cook County Foster Parent Advisory Committee); 2 foster parents
			 representing the Child Welfare Advisory Committee (with at least one residing
			 in Cook County); 2 foster care professionals representing the Child Welfare
			 Advisory Committee who represent agencies with whom the Department contracts
			 for foster care services; the current President of the Illinois Foster Parent
			 Association and 4 other non-Department persons recognized for expertise
			 regarding foster care who shall be selected and appointed by the Director of
			 the Department. (Section 5-10 of the Statewide Foster Care Advisory Council Law
			 [20 ILCS 525/5-10
			 ])
d) Each member shall be
			 appointed for a term of 3 years. No member shall be appointed to more than 2
			 terms. Members shall continue to serve until their successors are appointed.
			 This provision notwithstanding, the President of the Illinois Foster Parent
			 Association and the President of the Cook County Foster Parent Association may
			 serve as long as they hold office.
e) A chairperson and vice chairperson shall
			 be elected by the Council from among its members for a term of one year at a
			 meeting prior to July 1st of each year with those officers assuming the duties
			 of their offices on the first day of July each year. Any officer of the Council
			 shall be eligible for consecutive election to the office held for no more than
			 2 consecutive one year terms. Further, the immediate past chairperson shall
			 serve as a consultant to the Council for one year. (Section 5-15 of the
			 Statewide Foster Care Advisory Council Law [20 ILCS
			 525/5-15 ])
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 428 - DEPARTMENT ADVISORY GROUPS › Section 428.75 - African-American Family Commission

Current through Register Vol. 48, No. 28, July 12, 2024
a) There shall be an African-American Family
			 Commission to advocate and promote family preservation and community
			 advancement by developing and recommending to the Department culturally
			 specific child welfare policies and practices that will strengthen
			 African-American families and communities.
b) There shall be thirty members appointed by
			 the Governor, each serving for a term of two years. Members shall be selected
			 on a statewide basis but shall be predominately (85 percent) residents of Cook
			 County. Members shall have a working knowledge of the child welfare system in
			 Illinois, shall be representative of a variety of human service and related
			 disciplines, and shall be representative of a partnership and collaborative
			 effort between child welfare agencies, community based agencies and
			 organizations and leadership from the public/private sector and the community.
			 The Director shall serve as an ex-officio member of the Commission.
c) The chairperson(s) shall be appointed by
			 the Governor from among the members of the Commission.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 428 - DEPARTMENT ADVISORY GROUPS › Section 428.80 - Regional Advisory Committees

Current through Register Vol. 48, No. 28, July 12, 2024
a) There shall be regional advisory
			 committees within each geographic region as designated by the Director of the
			 Department to provide forums for exchange between government and community and
			 to encourage long term development and maintenance of regional systems for
			 services which are effective, efficient and humane.
b) There shall be twenty members appointed by
			 the Director to each committee in consultation with the regional administrator,
			 each member serving for a term of three years. The terms of one-third of each
			 Committee membership shall expire every year on the 30th day of June. Members
			 shall continue to serve until their successors are appointed. No more than 20%
			 of each membership may have a direct financial interest in any Department
			 funded program.
c) A chairperson
			 and vice chairperson shall be elected by the Committee from among its members
			 for a term of one year beginning July 1 of each year. An officer shall be
			 eligible for re-election to the same office held for no more than two
			 consecutive terms.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 428 - DEPARTMENT ADVISORY GROUPS › Section 428.85 - Confidential Intermediary Council

Current through Register Vol. 48, No. 28, July 12, 2024
There shall be established under the Department of Children and
				Family Services a Confidential Intermediary Advisory Council. One member shall
				be an attorney representing the Attorney General's Office appointed by the
				Attorney General. One member shall be a currently certified confidential
				intermediary appointed by the Director of the Department of Children and Family
				Services. The Director shall also appoint 5 additional members. When making
				those appointments, the Director shall consider advocates for adopted persons,
				adoptive parents, birth parents, lawyers who represent clients in private
				adoptions, lawyers specializing in privacy law, and representatives of agencies
				involved in adoptions. The Director shall appoint one of the 7 members as the
				chairperson. An attorney from the Department of Children and Family Services
				and the person directly responsible for administering the confidential
				intermediary program shall serve as ex-officio, non-voting advisors to the
				Council. Council members shall serve at the discretion of the Director and
				shall receive no compensation other than reasonable expenses approved by the
				Director. The Council shall meet no less than twice yearly and shall make
				recommendations to the Director regarding the development of rules, procedures,
				and forms that will ensure efficient and effective operation of the
				confidential intermediary process, including:
a) Standards of certification for
			 confidential intermediaries.
b)
			 Oversight of methods used to verify that intermediaries are complying with the
			 appropriate laws.
c) Training for
			 confidential intermediaries, including training with respect to federal and
			 State privacy laws.
d) The
			 relationship between confidential intermediaries and the court system,
			 including the development of sample orders defining the scope of the
			 intermediaries' access to information.
e) Any recent violations of policy or
			 procedures by confidential intermediaries and remedial steps, including
			 decertification, to prevent future violations. [750 ILCS
			 50/18.3a(f) ]
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 428 - DEPARTMENT ADVISORY GROUPS › Section 428.95 - Other Advisory Groups

Current through Register Vol. 48, No. 28, July 12, 2024
In addition to the advisory groups named in this Part, the
				Director may appoint other advisory groups to advise him or her regarding
				Department programs and services or to comply with statutes or executive
				orders. Unless otherwise provided by law, such bodies shall comply with
				Sections
				428.160(Quorum),
				428.170(Compensation),
				428.175
				(Conflict of Interest) and
				428.180(Minutes)
				 of this Part. The Director may require
				compliance with other provisions of this Part in creating such
				bodies.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 428 - DEPARTMENT ADVISORY GROUPS › Section 428.100 - Liaisons to the Department's Advisory Council

Current through Register Vol. 48, No. 28, July 12, 2024
The chairpersons of each advisory group designated by the
				Director shall be designated liaisons to the Children and Family Services
				Advisory Council and shall meet, as a group, with the Council at least once
				each year at the call of the chairperson of the Council.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 428 - DEPARTMENT ADVISORY GROUPS › Section 428.120 - Organization

Current through Register Vol. 48, No. 28, July 12, 2024
Each advisory group shall organize itself into committees
				and/or sub-committees for the purpose of carrying out the goals, objectives and
				strategies determined by the membership. Inter-committee joint task forces may
				be formed to carry out specific tasks so assigned by the Director or so agreed
				upon by the respective memberships.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 428 - DEPARTMENT ADVISORY GROUPS › Section 428.130 - Regular and Special Meetings

Current through Register Vol. 48, No. 28, July 12, 2024
Regular meetings of each advisory group shall be held at least
				quarterly. A schedule of meetings shall be developed by the chairperson for the
				calendar year, after consultation with the membership and the staff person
				designated by the Director of the Department. Special meetings of advisory
				groups may be called by the chairperson or a majority of the members
				appointed.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 428 - DEPARTMENT ADVISORY GROUPS › Section 428.140 - Notice of Meetings and Agendas

Current through Register Vol. 48, No. 28, July 12, 2024
Notice of meetings and agendas of regular and special meetings
				shall be prepared and distributed to the members of the advisory group and the
				Director of the Department at least seven days prior to a scheduled
				meeting.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 428 - DEPARTMENT ADVISORY GROUPS › Section 428.150 - Compliance with the Open Meetings Act

Current through Register Vol. 48, No. 28, July 12, 2024
All meetings of the Statewide Foster Care Advisory Council
				shall be held in compliance with notice and other requirements of the Illinois
				Open Meetings Act [5 ILCS 120 ].
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 428 - DEPARTMENT ADVISORY GROUPS › Section 428.160 - Quorum

Current through Register Vol. 48, No. 28, July 12, 2024
A quorum at any regular or special meeting of an advisory group
				shall be necessary to transact business. A majority of the advisory group
				members then holding office must be present at the initial roll call at the
				commencement of any regular or special meeting and they shall constitute a
				quorum. The necessary quorum for conducting business of the advisory group
				shall be determined by a majority of each membership and included in the Rules
				of Procedure for each body. For the purpose of election of officers, the
				necessary quorum shall be a majority of the duly appointed
				members.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 428 - DEPARTMENT ADVISORY GROUPS › Section 428.170 - Compensation

Current through Register Vol. 48, No. 28, July 12, 2024
Members of the Department advisory groups shall serve without
				compensation except that they may be reimbursed for travel and per diem
				expenses necessary in connection with meetings and business, in accordance with
				Illinois Department of Central Management Services rules, as approved by the
				Governor's Travel Control Board.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 428 - DEPARTMENT ADVISORY GROUPS › Section 428.175 - Conflict of Interest

Current through Register Vol. 48, No. 28, July 12, 2024
a) No
			 member of a Department advisory group shall solicit or accept gratuities,
			 favors or anything of monetary value in exchange for serving on a body advisory
			 to the Department. Nor shall such members receive preferential treatment in
			 regard to Department services. Nominal tokens of appreciation (such as meals,
			 floral arrangements, plaques, certificates and or similar items) presented in
			 conjunction with meetings shall not be considered a violation of this
			 provision. The value of the token(s) accepted at a single event shall not
			 exceed $50.
b) No member of a
			 Department advisory group shall participate in the selection, award or
			 administration of a grant or contract in which the member, a member of his or
			 her immediate family or business partner or associate has a financial interest
			 or which might present a conflict of interest as defined by Section
			 428.20.
c) Any advisory group member having a
			 financial interest in a matter under consideration shall make a full disclosure
			 of that interest and shall abstain from discussion, advising or voting on the
			 matter that gave rise to the conflict.
d) Failure of an advisory group member to
			 disclose a conflict of interest may result in removal from the Council,
			 committee or task force and/or review of the process or decision in which the
			 member participated.
e) The
			 chairperson or other presiding officer shall refer the following situations to
			 the Department Office of Internal Audits for a review or opinion:
1) A Council, committee or task force member
			 has an association with a grant or contract in a manner that could be
			 considered a conflict of interest in accordance with this Part; or
2) A Council, committee, or task force member
			 appears to have solicited or accepted gratuities, favors or something of value
			 other than the token(s) authorized by this Section in exchange for serving on a
			 body advisory to the Department.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 428 - DEPARTMENT ADVISORY GROUPS › Section 428.190 - Staffing

Current through Register Vol. 48, No. 28, July 12, 2024
The Director shall designate a staff person and clerical
				support for each advisory group to maintain records, prepare notices and
				agendas for each meeting and otherwise carry out the functions of the
				group.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 429 - EQUAL EMPLOYMENT OPPORTUNITY THROUGH THE DEPARTMENT OF CHILDREN AND FAMILY SERVICES › Section 429.1 - Purpose

Current through Register Vol. 48, No. 28, July 12, 2024
These rules describe the Department's policy of
				nondiscrimination in employment practices. Refer to part 308, Nondiscrimination
				Requirements of Department Service Providers.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 429 - EQUAL EMPLOYMENT OPPORTUNITY THROUGH THE DEPARTMENT OF CHILDREN AND FAMILY SERVICES › Section 429.3 - The Department's Affirmative Action Policy

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Department will not discriminate in
			 employment on the grounds of race, color, religion, sex, marital status,
			 national origin or ancestry, age, disability, order of protection status,
			 military status, sexual orientation, or pregnancy. This policy is mandated by
			 both federal and state law, including the Civil Rights Act of 1964 (amended,
			 1972), presidential and gubernatorial executive orders, various other policies
			 and guidelines, and a general recognition of the importance of eliminating
			 artificial, arbitrary, and unnecessary barriers to employment.
b) The policy of affirmative action shall
			 require an analysis of the Department's work force to determine
			 underutilization of any of the protected classes: Blacks, Hispanics, Native
			 Americans, Asian Americans and women. When an underutilization is determined,
			 goals will be set, in compliance with applicable law, to ensure utilization
			 regarding representation in the population, availability and requisite
			 skills.
c) This policy also
			 requires agencies and individuals that do business with the Department to
			 comply with this Part. (See 89 Ill. Adm. Code 308, Nondiscrimination
			 Requirements of Department Service Providers.)
d) Nothing in this policy shall prohibit the
			 Department from denying employment to persons due to documented criminal
			 convictions. However, the Department will consider the gravity of the offense,
			 the circumstances under which it occurred, the background and age of the
			 applicant at the time of the offense and whether the offense is related to the
			 applicant's suitability for employment.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 429 - EQUAL EMPLOYMENT OPPORTUNITY THROUGH THE DEPARTMENT OF CHILDREN AND FAMILY SERVICES › Section 429.4 - Employment Discrimination Complaints

Current through Register Vol. 48, No. 28, July 12, 2024
a) Complaints of alleged employment
			 discrimination shall be resolved informally whenever possible. If an employee
			 or applicant for employment believes discrimination has occurred, the
			 complainant should contact the Department administrator responsible for
			 affirmative action to discuss the matter. This initial contact (if other than
			 in writing) is to be followed by a written statement of the complaint being
			 filed with the Department administrator responsible for affirmative action. No
			 complaint shall be accepted for investigation if not filed with the
			 Department's administrator responsible for affirmative action within 180 days
			 of the alleged discriminatory acts.
b) The written complaint should provide
			 information to adequately explain the alleged discriminatory acts. If the
			 complaint does not set forth enough information concerning the alleged
			 discriminatory acts, the Division of Diversity and Equity will attempt to
			 contact the complainant to secure additional information. Within 5 working days
			 following the filing of the complaint, a staff person from the Division of
			 Diversity and Equity will initiate an investigation of the complaint. Upon
			 completion of the investigation (within 30 work days) a determination as to
			 whether evidence exists to support or not support the charges, as filed, will
			 be made. Within 5 work days following the completion of the investigation, the
			 complainant and regional or unit administrator shall be notified by the
			 Division of Diversity and Equity, in writing, of the determination. The written
			 notification to the regional or unit administrator will include the remedial
			 measures, if any, which should be implemented within 10 work days of the
			 receipt of such notice. If the complainant is dissatisfied with the findings of
			 the investigation, and/or the recommended remedial action, the complainant will
			 be informed of other available avenues for resolving complaints.
c) The relief provisions provided above shall
			 be the exclusive Departmental procedure for persons complaining of Department
			 discriminatory acts in employment but shall not be construed as limiting a
			 person's right to utilize existing legal remedies. A person complaining of any
			 manner of employment discrimination also has the right to file complaints with
			 the Illinois Department of Human Rights, and the U.S. Equal Employment
			 Opportunity Commission.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 430 - OFFICE OF THE INSPECTOR GENERAL (OIG) › Section 430.10 - Purpose

Current through Register Vol. 48, No. 28, July 12, 2024
The purpose of this Part is to explain the internal review
				process for the Department's Office of Inspector General (OIG) investigations.
				This includes the filing of complaints, OIG records retrieval, subpoena power,
				confidentiality of information, and OIG reports.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 430 - OFFICE OF THE INSPECTOR GENERAL (OIG) › Section 430.20 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
"Administrator" means the person charged with administration of
				the Department Office, Private Agency or Licensed Child Care Facility. In the
				case of foster homes, it refers to either foster parent.
"Department" means the Department of Children and Family
				Services.
"Department Employee" means a full, part-time or contractual
				employee of the Department.
"Department Office" means a program, division or office of the
				Department.
"Director" means the Director of the Department.
"Employee" means a person employed by, or on contract with, the
				Department, a private agency or licensed child care facility.
"Impounding" means requiring immediate production of
				records.
"Licensed Child Care Facility" means a foster home, day care
				center, child care institution, day care home, group day care home, secure care
				facility, group home, child welfare agency or youth emergency shelter, as
				defined in Section 10 of the Child Care Act [225 ILCS 10 ].
"Licensing Standards" means all rules and laws applicable to
				the operation and licensure of the particular licensed child care
				facility.
"Malfeasance" means a wrongful act that the actor has no legal
				right to do, or any wrongful conduct that affects, interrupts, or interferes
				with performance of an official duty.
"Management" means a private agency or Department employee who
				either supervises subordinate employees or manages or administers a program or
				division.
"Misfeasance" means the improper performance of some act that a
				person may lawfully do.
"Obstruction" means hindering or preventing from progress,
				stopping or delaying the progress of, or making the progress of an
				investigation difficult or slow.
"OIG" or "Inspector General" means the Office of Inspector
				General of the Department of Children and Family Services and includes the
				Inspector General, investigators and employees of the office.
"Private Agency" means a child welfare agency licensed through
				89 Ill. Adm. Code 401 (Licensing Standards for Child Welfare Agencies) that
				contracts with the Department.
"Private Agency Employee" means a full or part-time employee or
				contractor of the private agency.
"Record" means any recording, either in written, audio,
				electronic transmission or computer storage form, including, but not limited
				to, drafts, memoranda, notes, reports, computer printouts, notations and
				messages, medical records, mental health records, case files, clinical records,
				and financial and administrative records.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 430 - OFFICE OF THE INSPECTOR GENERAL (OIG) › Section 430.30 - Office of Inspector General (OIG) Investigations

Current through Register Vol. 48, No. 28, July 12, 2024
a) Investigations by the Office of Inspector
			 General (OIG)
1) The Office of Inspector
			 General (OIG) of the Department of Children and Family Services investigates
			 allegations of, or incidents of, possible misconduct, misfeasance, malfeasance,
			 or violation of rules, procedures or laws by an employee, foster parent,
			 service provider, or a contractor of the Illinois Department of Children and
			 Family Services, or employees of the service provider or contractor. Any
			 investigation conducted by the Inspector General shall be independent and
			 separate from an investigation mandated by the Abused and Neglected Child
			 Reporting Act [325 ILCS 5 ].
2) The
			 Inspector General investigates deaths or serious injuries in foster homes,
			 child welfare institutions, independent living programs and other facilities
			 licensed by the Department, as well as deaths or serious injury when there was
			 an open child welfare service case or child protection investigation by the
			 Department within the preceding 12 months.
3) The Inspector General investigates
			 complaints relating to child welfare employee licensure pursuant to this Part
			 and 89 Ill. Adm. Code 412 (Licensure of Direct Child Welfare Services Employees
			 and Supervisors).
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 430 - OFFICE OF THE INSPECTOR GENERAL (OIG) › Section 430.40 - Complaints

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Office of
			 Inspector General accepts complaints in writing from the general public. The
			 OIG also maintains a toll-free hotline for public complaints. Anyone wishing to
			 file a complaint with the office may send written comments to:
Office of the Inspector General
Illinois Department of Children and Family Services
2240 West Ogden
Chicago IL 60612
Call toll-free at 1-800-722-9124
b) Complaints will be evaluated to determine
			 if they suggest possible misconduct, misfeasance, malfeasance, or violation of
			 rules, procedures or statutes by a:
1) DCFS
			 employee;
2) foster
			 parent;
3) service provider or its
			 employees; or
4) contractor of DCFS
			 or its employees.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 430 - OFFICE OF THE INSPECTOR GENERAL (OIG) › Section 430.50 - Cooperation with OIG Investigations

Current through Register Vol. 48, No. 28, July 12, 2024
a) All Department and private agency
			 employees, foster parents and owners, operators and employees of licensed child
			 care facilities shall cooperate with the OIG. Cooperation includes, but is not
			 limited to:
1) permitting full access to, and
			 production of, information and records in accordance with this Part.
			 Information and records can be shared with the OIG without violating
			 confidentiality provisions;
2) fair
			 and honest disclosure of documents and information reasonably requested by the
			 Inspector General in the performance of his/her duties;
3) management encouraging employees to fully
			 comply with reasonable requests of the Inspector General in the performance of
			 his/her duties;
4) management
			 prohibiting retaliation against employees for providing information or records
			 or complaining to the Inspector General;
5) management being prohibited from requiring
			 employees to seek supervisory approval prior to filing a complaint with, or
			 providing information or records to, the Inspector General;
6) employees providing complete and truthful
			 answers to questions; and
7)
			 employees not willfully interfering or obstructing the OIG
			 investigation.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 430 - OFFICE OF THE INSPECTOR GENERAL (OIG) › Section 430.60 - Records Retrieval

Current through Register Vol. 48, No. 28, July 12, 2024
a) In
			 conducting investigations, the OIG shall access all relevant records, either
			 through subpoena, impounding or voluntary production. The OIG investigator may
			 impound the original of any record, file, document or paper necessary for the
			 investigation from any Department office, licensed child care facility, or
			 private agency that is pertinent to an investigation conducted pursuant to this
			 Part. All case files, licensing files, medical records, financial and
			 administrative records, and records required to be maintained pursuant to
			 applicable licensing rules shall be subject to production and review by the
			 Inspector General without subpoena.
b) Compliance with impounding requires:
1) production of all records noted;
2) a diligent search to ensure that all
			 appropriate records are included in the materials forwarded to the
			 OIG;
3) a continuing obligation to
			 immediately forward to the OIG any relevant records received, located or
			 generated after the date of the impound.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 430 - OFFICE OF THE INSPECTOR GENERAL (OIG) › Section 430.70 - Administrative Leave

Current through Register Vol. 48, No. 28, July 12, 2024
Whenever an employee of the Department or a private agency is
				placed on administrative leave or desk duty as a result of an interim OIG
				recommendation, the administrative leave or desk duty shall not exceed 90
				days.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 430 - OFFICE OF THE INSPECTOR GENERAL (OIG) › Section 430.80 - Subpoena Powers

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
			 Inspector General shall have the power to subpoena witnesses and compel the
			 production of records pertinent to an investigation authorized under this
			 Part.
b) The OIG may not subpoena
			 witnesses or compel the production of records from a labor organization or its
			 representatives, insofar as the witness or record sought relates to the
			 function of representing an employee subject to investigation under this
			 Part.
c) Any person who fails to
			 appear in response to a subpoena or to answer any question or produce any
			 records pertinent to an investigation under this Part, except as otherwise
			 provided in subsection (b) of this Section, or who knowingly gives false
			 testimony in relation to an investigation under this Part is guilty of a Class
			 A misdemeanor. [20 ILCS
			 505/35.5(g) ]
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 430 - OFFICE OF THE INSPECTOR GENERAL (OIG) › Section 430.90 - Confidentiality

Current through Register Vol. 48, No. 28, July 12, 2024
a) OIG
			 investigations access information that is confidential pursuant to numerous
			 State and federal statutes and administrative rules. OIG reports are
			 confidential because they contain information gleaned from these confidential
			 records. OIG reports shall not be distributed beyond the Department or private
			 agency that is the subject of the report without the consent of the Inspector
			 General.
b) The OIG may share
			 confidential information with the Illinois State Police (ISP) when it refers
			 cases for possible criminal investigation or prosecution, or when conducting
			 joint investigations with ISP, or pursuant to an intergovernmental agreement;
			 provided, however, that ISP agrees not to use the confidential information for
			 any other purpose and agrees to seek a protective order before redisclosing the
			 information.
c) The OIG shall
			 redact confidential information, as required by law and/or 89 Ill. Adm. Code
			 431 (Confidentiality of Personal Information of Persons Served by the
			 Department of Children and Family Services).
d) OIG reports shall not be subject to
			 disclosure under the Freedom of Information Act [5 ILCS 140 ].
e) The Department and the OIG shall protect
			 from retaliation any person who files a complaint or provides information in
			 good faith. To protect persons from retaliation, the OIG may withhold the
			 identity of sources of information.