summary
Introduced
02/06/2025
02/06/2025
In Committee
02/18/2025
02/18/2025
Crossed Over
Passed
Dead
Introduced Session
104th General Assembly
Bill Summary
Creates the Temporary Immunity for Child Welfare Agencies Act. Creates immunity from civil liability for a licensed child welfare agency that provides service for youth in foster care for a 2-year period unless the agency's acts or omissions constitute willful and wanton conduct. Provides that the immunity extends to the agency's employees, volunteers, and agents acting within the scope of their employment. Defines a "child welfare agency" to mean a public or private child care facility that receives a child or children for the purpose of placing or arranging for the placement or free care of the child or children in foster family homes, unlicensed pre-adoptive and adoptive homes, adoption-only homes, or other facilities for child care apart from the custody of the child's or children's parents. The term "child welfare agency" includes (i) all agencies established and maintained by a municipality or other political subdivision of the State to protect, guard, train or care for children outside their own homes; and (ii) all agencies, persons, groups of persons, organizations, corporations, institutions, centers, or group providing adoption services but does not include a circuit court, appointed juvenile probation officer, or youth counselor of the court who receive and place children under an order of the court. Creates the Child Welfare Agency Liability Task Force to develop and recommend a permanent solution to address the unavailability of liability insurance for child welfare agencies in the State. Requires that the Task Force submit its first report to the General Assembly no later than December 26, 2026. Effective immediately.
AI Summary
This bill creates the Temporary Immunity for Child Welfare Agencies Act, which provides limited civil liability protection for licensed child welfare agencies providing foster care services for a two-year period. Specifically, child welfare agencies (defined as public or private facilities that place children in foster, pre-adoptive, adoptive, or other care settings) will be immune from civil liability unless their actions constitute "willful and wanton conduct" - which is legally defined as actions showing deliberate intention to cause harm or a conscious disregard for safety. The immunity extends to the agency's employees, volunteers, and agents acting within their employment scope. To qualify for this immunity, agencies must be licensed and in good standing with the state. The bill also establishes a Child Welfare Agency Liability Task Force composed of representatives from various government departments, insurance industry, and child welfare advocacy organizations, whose mission is to develop a long-term solution to address liability insurance challenges for child welfare agencies. The Task Force is required to submit its first report to the General Assembly by December 31, 2026. Additionally, the Inspector General retains full authority to investigate and impose sanctions for any misconduct by child welfare agencies during this period.
Sponsors (4)
Last Action
Added Co-Sponsor Rep. Norine K. Hammond (on 04/30/2025)
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://www.ilga.gov/legislation/BillStatus.asp?DocNum=3138&GAID=18&DocTypeID=HB&SessionID=114&GA=104 |
| BillText | https://www.ilga.gov/legislation/104/HB/10400HB3138.htm |
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