SB3720 102ND GENERAL ASSEMBLY

LRB102 23913 KTG 33111 b

102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB3720

Introduced 1/21/2022, by Sen. Karina Villa

SYNOPSIS AS INTRODUCED:

New Act

Creates the Bias-Free Child Removal Pilot Program Act. Provides that subject to appropriation, the Department of Children and Family Services shall establish a 3-year Bias-Free Child Removal Pilot Program no later than July 1, 2023 for the purpose of promoting unbiased decision-making in the child removal process with the goal of decreasing the overrepresentation of BIPOC children in out-of-home placements. Requires the Department to choose a county that, based on a county-based analysis, indicates the highest rates of racial disproportionality. Requires the identified county to utilize a bias-free child removal strategy when deciding whether a child should be removed from his or her parents' home. Requires the Department to identify a public university to develop an evaluation design which identifies a control group (a county that does not utilize a bias-free child removal strategy) and compare those results with the intervention group (a county that utilizes a bias-child removal strategy). Provides that no later than January 1, 2023, the Department shall establish a Bias-Free Child Removal Review Committee consisting of an interdisciplinary, diverse group of 9 child welfare professionals and advocates for the purpose of creating the pilot program and the pre-implementation plan for the pilot program. Requires the Department to establish other procedures and protocols concerning (i) which diverse group of professions should be represented on the Committee, including required degrees, credentials, and experience, (ii) the frequency of bias-free child removal meetings, and (iii) decision-making protocols concerning removal. Contains provisions concerning certain demographic information that must be redacted from a child's case notes report prior to a determination on removal; the Department's evaluation reports to the General Assembly; and other matters. Effective immediately.

A BILL FOR

AN ACT concerning children.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Bias-Free Child Removal Pilot Program Act.

Section 5. Purpose. In Illinois, and across the nation, some racial and ethnic minority groups are disproportionately represented in the child welfare system. This disproportionality could occur at 5 different decision points during a family's child welfare involvement:

(1) investigated or screened in maltreatment reports;

(2) protective custodies;

(3) indicated maltreatment reports;

(4) post-investigation service provision; and

(5) timely exits from substitute care.

The purpose of this Act is to require the Department of Children and Family Services to establish a 3-year, Bias-Free Child Removal Pilot Program for the purpose of promoting unbiased decision-making in the child removal process, while maintaining the safety of children and reducing risk, thus reducing disparity in the removal decision-making process with the goal of decreasing the overrepresentation of BIPOC children in out-of-home placements. This would be achieved by convening an independent group of professionals involved in the child welfare system to review removal decisions, absent specific demographic information, to determine whether the removal of a child is necessary to avoid imminent risk to his or her safety, health, and well-being.

Section 10. Definitions. As used in this Act:

"Bias-free" means to approach a case file with specific identifying demographic information removed, such as gender, race, ethnicity, geographic location, and income information, to prevent a reader from inserting bias, implicit or explicit, into critical decisions such as removing a child from his or her family.

"BIPOC" means people who are members of the groups described in subparagraphs (a) through (e) of paragraph (A) of subsection (1) of Section 2 of the Business Enterprise for Minorities, Women, and Persons with Disabilities Act.

"Child" means any person under 18 years of age. For the purposes of admission to and residence in childcare institutions, group homes, and maternity centers, "child" also means any person under 21 years of age who is referred by a parent or guardian, including an agency having legal responsibility for the person in accordance with the Juvenile Court Act of 1987. Termination of care for such persons under 21 years of age shall occur no later than 90 days following completion of a public-school secondary education program or the person's eligibility for such a program.

"Committee" means the Bias-Free Child Removal Review Committee.

"Department" means the Department of Children and Family Services.

"Evaluation design" means identifying an overall strategy for analyzing the effectiveness of a program to include outlining a distinct approach to formulating key outputs and outcomes, selecting an appropriate research method, and evaluating the outcomes of a program.

"Program" or "pilot program" means the Bias-Free Child Removal Pilot Program.

Section 15. Program. Subject to appropriation, the Department of Children and Family Services shall establish a 3-year Bias-Free Child Removal Pilot Program no later than July 1, 2023 for the purpose of promoting unbiased decision-making in the child removal process, all while maintaining the safety of children and reducing risk, thus reducing disparity in the removal decision-making process with the goal of decreasing the overrepresentation of BIPOC children in out-of-home placements. This purpose shall be achieved by convening an interdisciplinary group of 9 professionals involved in the child welfare system to review removal decisions, absent specific demographic information, to determine whether the removal of a child is necessary to avoid imminent risk to his or her safety, health, and well-being.

The Department shall choose a county that, based on a county-based analysis, indicates the highest rates of racial disproportionality. The identified county shall utilize a bias-free child removal strategy when deciding whether a child should be removed from his or her parents' home, as specified.

The Department shall identify a public university to develop an evaluation design which identifies a control group (a county that does not utilize a bias-free child removal strategy) and compare those results with the intervention group (a county that utilizes a bias-child removal strategy).

Section 20. Implementation.

(a) No later than January 1, 2023, the Department shall establish a Bias-Free Child Removal Review Committee consisting of an interdisciplinary, diverse group of 9 child welfare professionals and advocates for the purpose of creating the Bias-Free Child Removal Pilot Program and the pre-implementation plan for the pilot program.

(b) The Department shall establish other procedures and protocols concerning:

(1) The make-up of the Bias-Free Child Removal Review Committee such as which diverse group of professions should be represented on the Committee, including required degrees, credentials, and experience.

(2) The frequency of the bias-free child removal meetings. Once a child is removed for the custody of his or her parents, the Bias-Free Child Removal Review Committee shall convene within 48 business hours, prior to a shelter care hearing, to determine if the removal is warranted.

(3) The decision-making protocols concerning removal:

(i) What constitutes a child protection investigation meeting or not meeting the criteria to be presented to the Bias-Free Child Removal Review Committee?

(ii) Who decides to bring the investigation to the Bias-Free Child Removal Review Committee?

(iii) How and when the committee is to convene during holidays, weekends, and after normal business hours?

(c) To ensure unbiased decision-making in the removal process, while maintaining the safety of the child and reducing risk of harm, reduce disparity in the removal decision making process, and decrease the overrepresentation of BIPOC children in foster care, the pilot program shall include, but not be limited to:

(1) The convening of the Bias-Free Child Removal Review Committee which shall determine if there was an immediate or urgent necessity to remove the child from the care of his or her parent or guardian.

(2) Prior to the meeting, the Child Protection Specialist must remove all demographic and identifiable information in the case notes, intake summary, and investigation. Information to be redacted consists of:

(A) The name of the child and the child's parents.

(B) The race or ethnicity of the child and the child's parents, except when the allegations require thoughtful considerations pertaining to a family's culture, ethnicity, or religion.

(C) The sexual orientation of the child and the child's parents.

(D) The religious affiliation or beliefs of the child and the child's parents, except when the allegations require thoughtful considerations pertaining to a family's culture, ethnicity, or religion.

(E) The political affiliation or beliefs of the child and the child's parents.

(F) The marital status of the child's parents.

(G) The income of the child's parents.

(H) The education level of the child's parents.

(I) Any reference to the address, neighborhood, or county of the child and the child's parents.

Redacting the demographic and identifiable information from the intake summary, case notes, and investigation reduces the potential for biased decision-making among Committee members. The focus shall instead be on the evidence of safety factors, risk elements, and family strengths. If removal is identified as unwarranted, the Committee shall make appropriate recommendations to ensure the safety and well-being of the child, including, but not limited to, voluntary or court-ordered intact family services.

There only needs to be the majority of the Committee members to agree or disagree with the removal. The Department shall develop a tool or rubric for the Committee to fully document the decision-making process and what led to the final decision. The Committee shall submit to the child protection team (child protection worker, child protection supervisor, and area administrator) the final decision in writing. The court has the authority to overrule removing or not removing the child from the home.

(d) The Department shall submit to the General Assembly an evaluation report on the pilot program and its impact and effectiveness, including, but not limited to, assessing the program's effect on the rate of BIPOC children who were removed. The evaluation report must be submitted on a yearly basis, with the first report due July 1, 2024. After the third year, the Department shall determine the need to expand the pilot program statewide, if data shows an impact on disproportionality, and provide a justification for or against statewide expansion.

Section 99. Effective date. This Act takes effect upon becoming law.