89 Ill. Adm. Code 430.100
OIG Reports
Section 430
Section 430.100 OIG Reports
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.
c) The Inspector General and the Director of DCFS may distribute
the report to: the private agency or Department office that is currently
handling the child or family case; the juvenile court judge before whom the
child or family case is pending; or the children's guardian ad litem, to the
extent that doing so is relevant to the child's welfare. Those receiving OIG
reports pursuant to this subsection (c) may not further disclose the report or
any confidential information contained in the report.
1) Whenever the OIG determines that sharing a report with either
the court or the current child welfare agency is necessary, it will notify both
the Director and the private agency involved that the report is being
disseminated.
2) Notification is not required where reports are redacted for
use as teaching tools, including use as appendices to the OIG Annual Report.
3) OIG reports disseminated pursuant to this Section, other than
those redacted and disseminated as teaching tools, may not be further
disseminated without the approval of the Director.
d) An OIG report that identifies misfeasance, malfeasance or
misconduct of a Department employee or private agency employee that is relevant
to providing appropriate supervision of the employee may be shared with the
Department office or private agency for which the employee works. The employer
may not further distribute the OIG report or any confidential information
contained in the report.
1) Recommendations Concerning a Private Agency or Private Agency
Employee
A) When the Director has accepted recommendations concerning a
private agency or private agency employee, the Inspector General shall transmit
a copy of the report to the executive director of the private agency within 15
days after the date that the recommendations were accepted. If the Director has
not accepted recommendations concerning a private agency, the OIG report will
not be transmitted to the private agency.
B) Portions of the report may be redacted to preserve
confidentiality.
C) The Inspector General may arrange a meeting to discuss the
recommendations with the executive director, chairman or president, and the
board of directors, of any private agency or child care facility that is the
subject of an OIG recommendation.
D) The OIG report may be shared with any employee or private
agency that is the subject of a recommendation and those involved in
implementation of the recommendations.
2) Private Agency Response
A) Within 45 days after receipt of the report, the private agency
may submit a written response to the OIG to correct any factual errors in the
report.
B) The Inspector General will consider all documents submitted by
the private agency to determine whether a corrected report will be issued.
C) If the OIG determines that a corrected report is necessary, the
corrected report shall be issued within 14 days after receipt of the private
agency's written response.
D) If the OIG does not issue a corrected report, or if the
corrected report does not address all issues raised within the written response
from the private agency, the private agency may request that the written
response, or portions of the response, be appended to the report or corrected
report.
e) OIG reports that are generated from child welfare employee
licensure investigations will be submitted to the Child Welfare Employee
Licensure Board and will be handled according to 89 Ill. Adm. Code 412.