Ill. Admin. Code tit. 89, § 401.210 - Composition and Responsibilities of the Governing Body
a) The governing body of a child welfare
agency shall be all the members of the board of directors of the
corporation.
b) Each member of the
governing body of the child welfare agency and principal shareholders (owning
5% or more of the corporate stock) shall be of reputable and responsible
character who shall certify that they have never been convicted of a felony or
indicated as a perpetrator in a child abuse or neglect report, as defined in
Appendix B of 89 Ill. Adm. Code 300 (Reports of Child Abuse and
Neglect).
c) The governing body may
create an executive committee or a child welfare committee that has been
delegated limited decision making authority. The executive committee may act on
behalf of the governing body in emergency matters.
d) The governing body shall:
1) Establish written by-laws that govern the
major operations of the agency and that outline the duties of the officers of
the board of directors and committees to be established by the board of
directors;
2) Set long range goals
for the agency;
3) If incorporated
as a not-for-profit corporation, adopt a conflict of interest policy that
requires, at a minimum:
A) That no member of
the board of directors may derive any personal profit, directly, by reason of
his or her membership on the board of directors or because of services provided
to the board (the restriction against deriving profit from a transaction does
not apply as long as the goods or services provided to the agency are priced at
or below market value and are documented in the agency's financial
reports);
B) That each board member
must disclose to the board any personal interest that he or she or any member
of his or her immediate family may have in any current or potential matter
before the board and refrain from participating in any decision on those
matters;
C) That no member of the
executive director's or the chief financial officer's immediate family shall
serve on the board of directors for the child welfare agency and no member of
any board member's immediate family may serve as executive director, the chief
financial officer, or an independent contractor of the agency;
D) That there shall be no familial
relationship between the executive director and the chief financial
officer;
4) If
incorporated as a for-profit corporation, adopt a code of conduct for the
board;
5) Insure that the child
welfare agency operates at all times with a qualified, full-time executive
director who, by official written notice, is made known to the Department. The
governing body shall:
A) Approve a written
job description for the agency executive director that delineates the executive
director's responsibilities and authority and the governing body 's expectations
of the agency executive director;
B) Review and authorize all compensation for
the agency executive director, including salary, allowances, memberships or
other benefits;
C) Evaluate the
agency executive director in writing at least annually;
6) Insure that an adequate process is in
place for recruiting, hiring, and maintaining qualified child welfare
supervisors and other staff required by this Part;
7) Hold at least quarterly meetings, unless
the agency holds a provisional license , thus requiring a minimum of bi-monthly
meetings of the board of directors. Unless specifically prohibited by the
articles of incorporation or bylaws, directors or non-director committee
members may participate in and act at any meeting of such board or committee
through the use of a conference telephone or other communications equipment by
means of which all persons participating in the meeting can communicate with
each other. Participation in such meeting shall constitute attendance and
presence in person at the meeting of the person or persons so participating
[805 ILCS
105/108.15 ];
8) Keep written records or minutes of all
board meetings reflecting official actions of the board that shall contain, at
a minimum, the date of each board meeting, the persons who were in attendance,
the issues discussed in the meeting, any committee reports made to the board,
the decisions made and actions taken. The minutes shall be available for review
by the Department 's licensing worker, upon request;
9) Officially notify the Department in
writing within 30 days after a change in the executive director or chief
financial officer of the child welfare agency or of any major changes in the
corporate structure, including, but not limited to:
A) Changes in the articles of incorporation
or by-laws;
B) Changes in the
not-for-profit status or tax exempt status as determined by the Internal
Revenue Service (if applicable) or its charitable organization status as
determined by the Illinois Attorney General;
C) Addition of any principal shareholder
owning at least 5% of the stock of the corporation; or
D) Changes in the governing body or its
officers;
10) Establish
written policies of the child welfare agency that shall be made available to
all board members, employees, and agency clientele, including services to be
provided by the agency, admissions, care of children, and other policies as
needed to direct the agency, such as family visitation and community contacts
with children;
11) Provide and
maintain permanent offices accessible to the public and appropriate for the
administrative program and supportive services. These offices, including all
branch offices, shall be staffed during the business hours established by the
agency, shall be equipped with telephones, shall have a permanent mailing
address, shall not be in a private residence and shall have space available for
confidential meetings;
12) Maintain
and keep all records and documents required by this Part in the State of
Illinois where they shall be readily available for review by authorized
persons;
13) Insure fidelity
bonding of fiscally responsible officers and employees against breach of
fiduciary duty or the loss of monies, securities, or other property the agency
may sustain through any fraudulent or dishonest act committed by an officer or
employee acting alone or in collusion with others. These officers or employees
must be bonded regardless of whether elected or appointed or whether
compensated by salary;
14) Insure
that the child welfare agency maintains adequate assets , as defined in Section
401.40,
for responsible fiscal operation of the agency; and
15) Insure that all persons working directly
with children are of reputable and responsible character, as verified by their
employment history of at least the past three years, the status of any
professional license they hold, and completion of the background checks
required by 89 Ill. Adm. Code 385 (Background Checks).
Notes
Amended at 36 Ill. Reg. 2157, effective January 30, 2012
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