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1 | SENATE RESOLUTION
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2 | WHEREAS, The Foster Children's Bill of Rights Act (20 ILCS | ||||||
3 | 521/1) gives every child and adult in the care of the | ||||||
4 | Department of Children and Family Services the right: "[t]o | ||||||
5 | have caregivers and child welfare personnel who have received | ||||||
6 | instruction on cultural competency and sensitivity relating | ||||||
7 | to, and best practices for, providing adequate care to lesbian, | ||||||
8 | gay, bisexual, and transgender youth in out-of-home care[; …] | ||||||
9 | [t]o have fair and equal access to all available services, | ||||||
10 | placement, care, treatment, and benefits, and to not be | ||||||
11 | subjected to discrimination or harassment on the basis of | ||||||
12 | actual or perceived…sexual orientation, [or] gender identity | ||||||
13 | [; …] [t]o receive medical…, and mental health services[; … | ||||||
14 | and] [t]o receive a copy of [the Foster Children Bill of | ||||||
15 | Rights] from and have it fully explained by the Department of | ||||||
16 | Children and Family Services when the child or adult is placed | ||||||
17 | in the care of the Department of Children and Family Services"; | ||||||
18 | and
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19 | WHEREAS, CFS form 496-1 (Revised July 2018), the Illinois | ||||||
20 | Foster Child and Youth Bill of Rights, further provides | ||||||
21 | specific requirements for when the Department of Children and | ||||||
22 | Family Services must provide children and youth with a copy of | ||||||
23 | these Rights and states that children and youth have the right | ||||||
24 | to "be placed in out-of-home care according to [the child or |
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1 | youth's] gender identity, regardless of the gender or sex | ||||||
2 | listed in their court or child welfare records[; and] be | ||||||
3 | provided appropriate clothing that fits and corresponds to [the | ||||||
4 | child or youth's] gender identity"; and
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5 | WHEREAS, The Family First Prevention and Services Act of | ||||||
6 | the Bipartisan Budget Act of 2018 (Public Law No. 115-123) | ||||||
7 | became federal law on February 9, 2018, steering the child | ||||||
8 | welfare system towards much needed reform and re-calibration of | ||||||
9 | policies to: "provide enhanced support to children and families | ||||||
10 | and prevent foster care placements" and, if safety necessitates | ||||||
11 | removal, provides children with loving foster homes rather than | ||||||
12 | congregate care settings; address disparities known to child | ||||||
13 | welfare experts, such as the overrepresentation of youth who | ||||||
14 | are lesbian, gay, bisexual, transgender, or questioning in the | ||||||
15 | child welfare system overall and the system overreliance on | ||||||
16 | congregate care settings for these youth, which typically yield | ||||||
17 | worse outcomes for them compared to their cisgender and | ||||||
18 | heterosexual peers; recruit, retain, and support homes that are | ||||||
19 | affirming of a youth-in-care's sexual orientations and gender | ||||||
20 | identity and establish a system of accountability if homes are | ||||||
21 | not providing affirming care; and, protect Lesbian, Gay, | ||||||
22 | Bisexual, Transgender and Questioning (LGBTQ) youth from being | ||||||
23 | unnecessarily diagnosed to meet clinical criteria required for | ||||||
24 | residential care or from facing increased risk of involvement | ||||||
25 | in the justice system as a result of the Family First |
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1 | Prevention and Services Act implementation; and
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2 | WHEREAS, The Children and Family Services Act (20 ILCS | ||||||
3 | 505/5.25) requires the Department of Children and Family | ||||||
4 | Services to provide every child in its care with "the necessary | ||||||
5 | behavioral health services", including "behavioral health | ||||||
6 | services from an outside provider when those services are | ||||||
7 | necessary to meet the child's needs and the child wishes to | ||||||
8 | receive them"; and | ||||||
9 | WHEREAS, The Department of Children and Family Services is | ||||||
10 | required by the Children and Family Services Act (20 ILCS | ||||||
11 | 505/7) to place children in its care in safe and adequate | ||||||
12 | placements consistent with each child's health, safety, and | ||||||
13 | best interests; and | ||||||
14 | WHEREAS, The Department of Children and Family Services has | ||||||
15 | adopted rules, entitled "Placement Selection Criteria", (89 | ||||||
16 | Ill. Adm. Code Part 301.60) that provide that "all placement | ||||||
17 | decisions will be made consistent with the safety, best | ||||||
18 | interests and special needs of the child" and that | ||||||
19 | consideration shall be given to "the least restrictive setting | ||||||
20 | appropriate for the child which most closely approximates a | ||||||
21 | family"; and | ||||||
22 | WHEREAS, The Department of Children and Family Services is |
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1 | the party to a federal court consent decree (B.H. et al., 88 C | ||||||
2 | 5599, N.D. ILL) that provides that Children shall: be free from | ||||||
3 | foreseeable and preventable harm[;]…receive at least minimally | ||||||
4 | adequate healthcare [including] mental health care adequate to | ||||||
5 | address their serious mental health needs[;] be free from | ||||||
6 | unreasonable and unnecessary intrusions by DCFS upon their | ||||||
7 | emotional and psychological well being" and that the Department | ||||||
8 | shall maintain a system which provides: "that children will be | ||||||
9 | timely and stably placed in safe and appropriate living | ||||||
10 | arrangements[;]…for the prompt identification of the medical, | ||||||
11 | mental health and developmental needs of children[;] timely | ||||||
12 | access to adequate medical, mental and developmental | ||||||
13 | services[; and] that children receive adequate services to | ||||||
14 | assist in the transition to adulthood"; and | ||||||
15 | WHEREAS, The Illinois Human Rights Act (755 ILCS 5) | ||||||
16 | protects against discrimination on the basis of sexual | ||||||
17 | orientation and gender identity in places of public | ||||||
18 | accommodation, including the Department of Children and Family | ||||||
19 | Services and its contracted providers; and | ||||||
20 | WHEREAS, People who are Lesbian, Gay, Bisexual, | ||||||
21 | Transgender, Questioning or Queer are subjected to violence and | ||||||
22 | discrimination because of who they are or who they love; and | ||||||
23 | WHEREAS, Gender dysphoria is a serious and internationally |
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1 | recognized medical condition that requires immediate medical | ||||||
2 | attention from a medical professional experienced in its | ||||||
3 | treatment; and | ||||||
4 | WHEREAS, On May 11, 2017 the Department of Children and | ||||||
5 | Family Services updated Appendix K to Procedures 302 "Support | ||||||
6 | and Well-Being of Lesbian, Gay, Bisexual, Transgender and | ||||||
7 | Questioning (LGBTQ) Children and Youth" (P.T. 2017.04) which, | ||||||
8 | among other things: (1) recognizes that LGBTQ children/youth | ||||||
9 | are at higher risk than their heterosexual cisgender | ||||||
10 | counterparts for emotional and physical abuse from family | ||||||
11 | members and/or peers, failed out-of-home placements, | ||||||
12 | homelessness, emotional/physical victimization, and/or | ||||||
13 | institutional neglect or abuse; (2) states DCFS' policy is to | ||||||
14 | maintain and promote safe and affirming environments for LGBTQ | ||||||
15 | children and youth; (3) applies to anybody in contact with | ||||||
16 | children/youth in DCFS care (e.g., DCFS staff, employees of | ||||||
17 | contractors, volunteers, foster parents, etc.); (4) prohibits | ||||||
18 | caregivers from engaging in any discrimination against or | ||||||
19 | mistreatment of LGBTQ children and youth; (5) requires | ||||||
20 | caregivers to affirm and support an LGBTQ child/youth's sexual | ||||||
21 | orientation and gender identity, including by: (a) using the | ||||||
22 | child/youth's preferred name and gender pronouns (including | ||||||
23 | gender-neutral pronouns, such as "they/them"), including in | ||||||
24 | written documents and records when the youth agrees; (b) | ||||||
25 | respecting the child/youth's choice of clothes, make-up, |
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1 | hairstyle, friends, and activities; and (c) providing support | ||||||
2 | to LGBTQ youth who are experiencing problems related to their | ||||||
3 | sexual orientation or gender identity in the community, | ||||||
4 | including schools where transgender youth may need help | ||||||
5 | requesting permission to use gendered facilities such as | ||||||
6 | restrooms or locker rooms; (6) prohibits placing a child or | ||||||
7 | youth in congregate care because of their sexual orientation or | ||||||
8 | gender identity; (7) prohibits placing LGBTQ youth somewhere | ||||||
9 | they will not be affirmed and requires immediate corrective | ||||||
10 | action if a youth is not being affirmed; (8) provides that | ||||||
11 | children/youth should generally be housed based on their gender | ||||||
12 | identity, rather than their birth assigned gender, and a | ||||||
13 | child/youth's perception of where they should be placed and | ||||||
14 | would feel safest should be the primary factor in informing | ||||||
15 | housing decisions; (9) states that LGBTQ children and youth | ||||||
16 | have the right to receive LGBTQ competent medical care and | ||||||
17 | sexual health education, including continuation of hormone | ||||||
18 | therapy for transgender youth who were receiving it before | ||||||
19 | entering DCFS care, and that youth who request hormone therapy | ||||||
20 | while in DCFS care (who were not receiving such care prior to | ||||||
21 | entering DCFS custody) should be referred to medical | ||||||
22 | professionals who are recognized as medically competent in the | ||||||
23 | care of transgender youth; (10) requires caregivers to respect | ||||||
24 | the privacy of a child/youth's sexual orientation and gender | ||||||
25 | identity and not disclose this information without the | ||||||
26 | child/youth's permission; and (11) mandates annual training in |
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1 | LGBTQ competent care for every person in contact with | ||||||
2 | children/youth in DCFS care; and
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3 | WHEREAS, There has been little to no public information | ||||||
4 | offered about the Department of Children and Family Services' | ||||||
5 | implementation of Appendix K to Procedure 302, or whether there | ||||||
6 | is any oversight process to ensure accountability and | ||||||
7 | compliance with the requirements of Appendix K to Procedure 302 | ||||||
8 | so that the needs of youth identifying as Lesbian, Gay, | ||||||
9 | Bisexual, Transgender and Questioning (LGBTQ) are being | ||||||
10 | addressed systematically by the Department of Children and | ||||||
11 | Family Services and its contractors, or whether any efforts are | ||||||
12 | having an impact on disparate outcomes, division of duties | ||||||
13 | during staffing vacancies for allocated positions, or whether | ||||||
14 | State resources are being sufficiently allocated and spent to | ||||||
15 | properly implement Appendix K; and | ||||||
16 | WHEREAS, The General Assembly requires reliable | ||||||
17 | information to guide funding decisions, perform its oversight | ||||||
18 | capacity, and make sound legislative and administrative | ||||||
19 | recommendations; therefore, be it
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20 | RESOLVED, BY THE SENATE OF THE ONE HUNDRED FIRST GENERAL | ||||||
21 | ASSEMBLY OF THE STATE OF ILLINOIS, that the Auditor General is | ||||||
22 | directed to conduct a performance audit of the Department of | ||||||
23 | Children and Family Services' compliance with its obligations |
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1 | to protect and affirm children and youth who are lesbian, gay, | ||||||
2 | bisexual, transgender, questioning or queer; and be it further; | ||||||
3 | RESOLVED, That the audit shall include, but not be limited | ||||||
4 | to, examining the operations and management of the Department | ||||||
5 | of Children and Family Services and its contractors to perform | ||||||
6 | its duties in accordance with the Foster Children's Bill of | ||||||
7 | Rights Act (20 ILCS 521/1) and Appendix K to Procedures 302 | ||||||
8 | "Support and Well-Being of Lesbian, Gay, Bisexual, Transgender | ||||||
9 | and Questioning (LGBTQ) Children and Youth" (P.T. 2017.04) as | ||||||
10 | follows: | ||||||
11 | (1)The Department of Children and Family Services' | ||||||
12 | implementation of and adherence to Appendix K to Procedure | ||||||
13 | 302 and the Foster Children's Bill of Rights; | ||||||
14 | (2)The Department of Children and Family Services' | ||||||
15 | contractors' implementation of and adherence to Appendix K | ||||||
16 | of Procedure 302 and the Foster Children's Bill of Rights; | ||||||
17 | (3)How and with what frequency the Department of | ||||||
18 | Children and Family Services and its contractors' | ||||||
19 | employees are trained on sexual orientation, gender | ||||||
20 | identity, and the requirements of Appendix K, and whether | ||||||
21 | the training is sufficient to demonstrate appropriate | ||||||
22 | application to fieldwork; | ||||||
23 | (4)How employee and contract oversight ensure | ||||||
24 | accountability and corrective actions; | ||||||
25 | (5)The method by which the Department of Children and |
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1 | Family Services assesses, monitors, and acts to make | ||||||
2 | certain its contracted providers have adopted | ||||||
3 | LGBTQ-affirming, nondiscrimination policies that are at | ||||||
4 | least as extensive as Appendix K, including policies | ||||||
5 | providing for employee discipline up to and including | ||||||
6 | termination and for conduct in violation of the | ||||||
7 | non-discrimination policy; | ||||||
8 | (6)The methods by which information about youth | ||||||
9 | gender-identity is sought, the format and locations in | ||||||
10 | which this information is maintained, and the practices | ||||||
11 | utilized for privacy protections; | ||||||
12 | (7)Actions taken by the Department of Children and | ||||||
13 | Family Services and its contractors in licensing to require | ||||||
14 | foster parents' commitment to provide care and homes that | ||||||
15 | are affirming of all children and youth, regardless of | ||||||
16 | sexual orientation or gender identity; | ||||||
17 | (8)The process by which the Department of Children and | ||||||
18 | Family Services ensures that children or youth who identify | ||||||
19 | as lesbian, gay, bisexual, transgender, questioning or | ||||||
20 | queer are matched with placements that are affirming of | ||||||
21 | those youths' sexual orientation and gender identity; and | ||||||
22 | (9)The current gap in placement and service capacity to | ||||||
23 | meet needs and efforts made to recruit homes affirming of | ||||||
24 | lesbian, gay, bisexual, transgender and questioning or | ||||||
25 | queer children and youth; and be it further |
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1 | RESOLVED, That the audit include, but not be limited to, | ||||||
2 | the following determinations as they pertain to children (up to | ||||||
3 | the age of 21) in the care of the Department of Children and | ||||||
4 | Family Services in calendar years 2017 and 2018: | ||||||
5 | (1)Whether youth in care are made aware of their rights | ||||||
6 | and know how to report violations of these rights, the | ||||||
7 | experiences of youth who have reported violations, | ||||||
8 | recommendations made by youth in care to improve their | ||||||
9 | ability to meaningfully exercise their rights, and how the | ||||||
10 | Department of Children and Family Services incorporates | ||||||
11 | such recommendations in policy development; | ||||||
12 | (2)The number of youth in care identifying as (a) | ||||||
13 | lesbian, (b) gay, (c) bisexual, (d) transgender, (e) | ||||||
14 | questioning, (f) gender non-conforming, (g) another | ||||||
15 | minority sexual orientation or gender identity, or (g) more | ||||||
16 | than one of the aforementioned identifications during the | ||||||
17 | review period; | ||||||
18 | (3)For each youth in subsection (2), the length of stay | ||||||
19 | in out-of-home care, case permanency goals, frequency of | ||||||
20 | sibling visitation, as applicable; | ||||||
21 | (4)For each youth in subsection (2), the number, type, | ||||||
22 | and duration of each placement designated foster home, | ||||||
23 | group home, residential treatment center, detention or | ||||||
24 | correctional setting, psychiatric hospital, transitional | ||||||
25 | living program, or shelter home; whether and how the youth | ||||||
26 | in care participated in placement planning and |
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1 | determination; whether and how gender identity was | ||||||
2 | considered for placement selection and whether the youth | ||||||
3 | was placed according to their gender identity (as opposed | ||||||
4 | to their sex assigned at birth as reflected on their birth | ||||||
5 | certificate); reasons for placement disruptions, if | ||||||
6 | applicable; | ||||||
7 | (5)For each youth in subsection (2), the number of each | ||||||
8 | incident categorized as running away, contact with police | ||||||
9 | or the justice system, crisis hospitalization, | ||||||
10 | hospitalization beyond medical necessity, reported victim | ||||||
11 | of assault, school-related disciplinary infractions, | ||||||
12 | school-related bullying or harassment, removal from a | ||||||
13 | placement at the request of a provider or caregiver, | ||||||
14 | removal from a placement at the request of the youth, | ||||||
15 | subject of abuse or neglect allegations while in | ||||||
16 | out-of-home care, detained in a correctional setting | ||||||
17 | beyond release due to lack of identified placement; | ||||||
18 | (6)Whether the youth in subsection (2) were provided | ||||||
19 | opportunities to engage in normalcy activities (e.g., | ||||||
20 | participation in activities typical of their peer and age | ||||||
21 | group) consistent with their gender identity; | ||||||
22 | (7)Whether the data findings for subsections (1), (3), | ||||||
23 | (4), (5), (6) differ from that of the general population of | ||||||
24 | youth in care or whether the data differs based on the | ||||||
25 | geographic placement of the youth in care; | ||||||
26 | (8)The number of providers designated as clinically |
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1 | appropriate to provide housing or services to youth who | ||||||
2 | identify as lesbian, gay, bisexual, transgender, or | ||||||
3 | questioning available to youth in care and the number of | ||||||
4 | youth utilizing those providers for services or supports; | ||||||
5 | (9)The number of transgender youth in care who have | ||||||
6 | requested (whether formally or informally) | ||||||
7 | transition-related hormone therapy or consultation | ||||||
8 | services regarding this treatment; the number of youth the | ||||||
9 | Department of Children and Family Services did not refer | ||||||
10 | for treatment, the qualifications of staff making the | ||||||
11 | determination, and justification; the number of youth who | ||||||
12 | received their requested care and whether this was | ||||||
13 | delivered by a qualified provider; and the length of time | ||||||
14 | from the youth's request to a service referral being made | ||||||
15 | to referral resulting in service delivery; and information | ||||||
16 | regarding barriers to service access, bureaucratic | ||||||
17 | hierarchy and hurdles, and efforts made to address these | ||||||
18 | issues; and | ||||||
19 | (10)The number of youth in care in need of treatment | ||||||
20 | for gender dysphoria and how this need is identified; the | ||||||
21 | number of youth the Department of Children and Family | ||||||
22 | Services did not refer for treatment, the qualifications of | ||||||
23 | staff making the determination, and justification; the | ||||||
24 | number of youth receiving this care and whether it was | ||||||
25 | provided by a qualified clinician; the length of time from | ||||||
26 | need being identified to service referral being made to |
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1 | referral resulting in service delivery; and information | ||||||
2 | regarding barriers to service access, bureaucratic | ||||||
3 | hierarchy and hurdles, and efforts made to address these | ||||||
4 | issues; and be it further | ||||||
5 | RESOLVED, That the Department of Children and Family | ||||||
6 | Services shall cooperate fully and promptly with the Auditor | ||||||
7 | General's Office in conducting this audit; and be it further
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8 | RESOLVED, That the Auditor General commence this audit as | ||||||
9 | soon as possible and distribute the report upon completion in | ||||||
10 | accordance with Section 3-14 of the Illinois State Auditing | ||||||
11 | Act.
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