Illinois 93rd Regular Session Status: Passed House

HB 4723 — DCFS-PRIVATE AGENCIES-IMMUNITY

Last action — Session Sine Die

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 93rd Regular Session. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Amends the Children and Family Services Act. Provides that if the Department of Children and Family Services contracts with a private child welfare agency to provide child welfare services or to provide the arrangement of child welfare services, then the private child welfare agency and its employees shall not, as a result of their acts or omissions, be liable for civil damages, unless the acts or omissions constitute willful and wanton misconduct.

Bill Text

What changed in the latest version

6 added · 34 removed

Plain-language change summary

The amendment to Bill HB 4723 removes the provision that limited the liability of private child welfare agencies and their employees to only cases of willful and wanton misconduct. Instead, the focus has shifted to ensuring that the Department of Children and Family Services provides sufficient resources to meet the needs of children and families, emphasizing the importance of quality services in individual case plans. This change matters because it aims to hold private agencies accountable for their actions, potentially leading to better outcomes for children and families who rely on these services.

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*LRB09317825BDD43506b* HB4723 93RD GENERAL ASSEMBLY State of Illinois and 2004 Introduced 02/04/04, by David R.
HB4723 Engrossed LRB093 17825 BDD 43506 b AN ACT concerning children and families.
Leitch SYNOPSIS AS INTRODUCED:
ILCS 505/2.1 Amends the Children and Family Services Act.
Provides that if the Department of Children and Family Services contracts with a private child welfare agency to provide child welfare services or to provide the arrangement of child welfare services, then the private child welfare agency and its employees shall not, as a result of their acts or omissions, be liable for civil damages, unless the acts or omissions constitute willful and wanton misconduct.
LRB093 17825 BDD 43506 b A BILL FOR HB4723 LRB093 17825 BDD 43506 b AN ACT concerning children and families.
The Children and Family Services Act is amended by changing Section 2.1 as follows:
The Children and Family Services Act is amended by changing Section 1.1 as follows:
(20 ILCS 505/2.1) Sec.
(20 ILCS 505/1.1) (from Ch.
2.1.
23, par.
Sufficient resources required;
5001.1) Sec.
liability.
1.1.
The Department shall ensure a sufficient number of placement and other resources of sufficient quality and variety to meet the needs of children and families as specified in the individual case plan in Sec.
Short title.
6a of this Act.
This Act shall be known and may be cited as the Children and Family Services Act.
Nothing in this Sec.
shall be construed to create a private right of action or a judicially enforceable claim on the part of any individual or agency.
If the Department contracts with a private child welfare agency to provide child welfare services or to provide the arrangement of child welfare services, then the private child welfare agency and its employees shall not, as a result of their acts or omissions, be liable for civil damages, unless the acts or omissions constitute willful and wanton misconduct.
88-614, eff.
86-820.)
9-7-94.)
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Action History

  1. Session Sine Die

  2. Added as Alternate Co-Sponsor Sen. Dale E. Risinger

  3. Added as Alternate Co-Sponsor Sen. Bill Brady

  4. Added as Alternate Chief Co-Sponsor Sen. Iris Y. Martinez

  5. Added as Alternate Co-Sponsor Sen. Terry Link

  6. Added as Alternate Chief Co-Sponsor Sen. M. Maggie Crotty

  7. Referred to Rules

  8. First Reading

  9. Added as Alternate Co-Sponsor Sen. Dan Rutherford

  10. Chief Senate Sponsor Sen. John J. Cullerton

  11. Placed on Calendar Order of First Reading April 20, 2004

  12. Arrive in Senate

  13. Third Reading - Short Debate - Passed 084-033-001

  14. Placed on Calendar Order of 3rd Reading - Short Debate

  15. Land Conveyance Appraisal Note Requested - Withdrawn by Rep. Mary E. Flowers

  16. Correctional Note Requested - Withdrawn by Rep. Mary E. Flowers

  17. Balanced Budget Note Requested - Withdrawn by Rep. Mary E. Flowers

  18. Held on Calendar Order of Second Reading - Short Debate

  19. House Floor Amendment No. 1 Adopted by Voice Vote

  20. Balanced Budget Note Filed

  21. House Floor Amendment No. 1 Recommends Be Adopted Rules Committee; 004-000-000

  22. Held on Calendar Order of Second Reading - Short Debate

  23. Second Reading - Short Debate

  24. House Floor Amendment No. 1 Referred to Rules Committee

  25. House Floor Amendment No. 1 Filed with Clerk by Rep. David R. Leitch

  26. Fiscal Note Filed

  27. Added Chief Co-Sponsor Rep. William B. Black

  28. Judicial Note Filed

  29. Housing Affordability Impact Note Filed

  30. State Debt Impact Note Filed

  31. Pension Note Filed

  32. Home Rule Note Filed

  33. State Mandates Fiscal Note Filed

  34. State Debt Impact Note Requested by Rep. Mary E. Flowers

  35. Pension Note Requested by Rep. Mary E. Flowers

  36. Land Conveyance Appraisal Note Requested by Rep. Mary E. Flowers

  37. Judicial Note Requested by Rep. Mary E. Flowers

  38. Housing Affordability Impact Note Requested by Rep. Mary E. Flowers

  39. Home Rule Note Requested by Rep. Mary E. Flowers

  40. Correctional Note Requested by Rep. Mary E. Flowers

  41. Balanced Budget Note Requested by Rep. Mary E. Flowers

  42. State Mandates Fiscal Note Requested by Rep. Mary E. Flowers

  43. Fiscal Note Requested by Rep. Mary E. Flowers

  44. Placed on Calendar 2nd Reading - Short Debate

  45. Do Pass / Short Debate Judiciary I - Civil Law Committee; 019-000-000

  46. Motion to Suspend Rule 25 - Prevailed by Voice Vote

  47. Assigned to Judiciary I - Civil Law Committee

  48. Referred to Rules Committee

  49. First Reading

  50. Filed with the Clerk by Rep. David R. Leitch

Sponsors

  • David R. Leitch · Cosponsor
  • Dan Rutherford · Cosponsor
  • Terry Link · Cosponsor
  • Bill Brady · Cosponsor
  • Dale E. Risinger · Cosponsor

Sponsorship breakdown

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0 sponsors · 5 co-sponsors · 178 not signed on · 4 voted No

Sponsors (0)

None.

Co-sponsors (5)

  • David R. Leitch
  • Dan Rutherford
  • Terry Link
  • Bill Brady
  • Dale E. Risinger

Not signed on (178)

178 members have not signed on to this bill.

Show all 178 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Third Reading

Passed 84 Yea · 33 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 753001
Democrat 7200
Republican 2100
Total 843301
% of votes cast 71%28%0%1%
How each member voted (118)
Member Party Vote
Saviano — Yea
Schmitz — Yea
Slone — Yea
Sommer — Yea
Soto — Yea
Winters — Yea
Acevedo — Yea
Aguilar — Yea
Mathias — Yea
Bassi — Yea
Beaubien — Yea
Bellock — Nay
Berrios — Yea
Mautino — Yea
Biggins — Yea
Black — Yea
Boland — Nay
May — Nay
Bost — Yea
Brauer — Yea
Brosnahan — Yea
Capparelli — Yea
Coulson — Nay
Flowers — Nay
Gordon — Nay
Munson — Nay
Hamos — Not Voting
Hultgren — Yea
Jefferson — Nay
Pankau — Yea
Kurtz — Yea
Lang — Yea
Leitch — Yea
McAuliffe — Yea
McCarthy — Yea
McKeon — Yea
Lyons, Eileen — Yea
Mendoza — Yea
Meyer — Yea
Reitz — Yea
Lyons, Joseph — Yea
Millner — Yea
Scully — Yea
McGuire — Yea
Bradley, Richard — Yea
Brady — Yea
Burke — Yea
Dunkin — Yea
Dunn — Yea
Eddy — Yea
Fritchey — Yea
Froehlich — Yea
Graham — Yea
Granberg — Yea
Mitchell, Bill — Yea
Hannig — Yea
Krause — Yea
Mitchell, Jerry — Yea
Lindner — Nay
Madigan — Yea
Moffitt — Yea
Molaro — Yea
Morrow — Yea
Mulligan — Nay
Watson — Yea
Myers — Yea
Jones — Yea
Nekritz — Nay
Osmond — Yea
Davis, Steve — Yea
Osterman — Yea
Bailey — Nay
Parke — Nay
Phelps — Nay
Tenhouse — Yea
Turner — Yea
Verschoore — Nay
Wait — Yea
Bradley, John — Nay
Washington — Nay
Yarbrough — Yea
Sullivan — Nay
Younge — Yea
Howard — Nay
Davis, Monique — Nay
Churchill — Yea
Colvin — Nay
Cross — Yea
Cultra — Yea
Currie — Yea
Daniels — Yea
Dugan — Nay
Flider — Nay
Franks — Nay
Giles — Nay
Grunloh — Nay
Hassert — Yea
Holbrook — Yea
Jakobsson — Nay
Kosel — Yea
Pihos — Nay
Poe — Yea
Pritchard — Yea
Ryg — Nay
Sacia — Yea
Chapa LaVia — Nay
Eva-Dina Delgado Democrat Yea
Jay Hoffman Democrat Yea
Lakesia Collins Democrat Nay
Michael J. Kelly Democrat Yea
Nicholas K. Smith Democrat Yea
Patrick J. Joyce Democrat Yea
Robert "Bob" Rita Democrat Yea
Sara Feigenholtz Democrat Nay
William "Will" Davis Democrat Yea
Brad Stephens Republican Yea
Chapin Rose Republican Nay
Chris Miller Republican Yea

Official roll call →

Subjects

public-safety civil-rights
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does HB 4723 do?
Amends the Children and Family Services Act. Provides that if the Department of Children and Family Services contracts with a private child welfare agency to provide child welfare services or to provide the arrangement of child welfare services, then the private child welfare agency and its employees shall not, as a result of their acts or omissions, be liable for civil damages, unless the acts or omissions constitute willful and wanton misconduct.
Who sponsors HB 4723?
HB 4723 is sponsored by David R. Leitch, Dan Rutherford, Terry Link, Bill Brady, and Dale E. Risinger.
What is the current status of HB 4723?
This bill died with 93rd Regular Session. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HB 4723?
Track HB 4723 free on One Click Politics — get push/email alerts when it moves.

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Last checked for changes 3 months ago · updated continuously

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