Full Text of SB3720 102nd General Assembly
SB3720enr 102ND GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning children.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 1. Short title. This Act may be cited as the | 5 | | Bias-Free Child Removal Pilot Program Act. | 6 | | Section 5. Findings. The General Assembly finds that the | 7 | | University of Illinois' Children and Family Research Center | 8 | | determined in its October 2021 report, "Racial | 9 | | Disproportionality in the Illinois Child Welfare System", | 10 | | that: | 11 | | (1) In 2020, compared to their percentage in the | 12 | | general child population, black children were | 13 | | overrepresented in foster care having made up 16.4% of the | 14 | | general child population, but accounting for 38.5% of | 15 | | protective custodies. | 16 | | (2) In comparison, white children were proportionally | 17 | | represented in foster care having made up 52.8% of the | 18 | | general child population, but accounting for 48.8% of | 19 | | protective custodies. Hispanic children were | 20 | | under-represented having made up 24.9% of the general | 21 | | child population, but accounting for 11.5% of protective | 22 | | custodies. |
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| 1 | | Section 10. Purpose. | 2 | | (a) In Illinois, and across the nation, some racial and | 3 | | ethnic minority groups are disproportionately represented in | 4 | | the child welfare system. This disproportionality could occur | 5 | | at 5 different decision points during a family's child welfare | 6 | | involvement: | 7 | | (1) investigated child abuse/neglect (CAN) reports; | 8 | | (2) protective custodies; | 9 | | (3) indicated CAN reports; | 10 | | (4) post-investigation service provision; and | 11 | | (5) timely exits from substitute care. | 12 | | (b) The purpose of this Act is to: | 13 | | (1) Require the Department of Children and Family | 14 | | Services to establish a 3-year, Bias-Free Child Removal | 15 | | Pilot Program for the purpose of promoting unbiased | 16 | | decision making in the child removal process, while | 17 | | maintaining the safety of children and reducing risk, with | 18 | | the goal of decreasing the overrepresentation of BIPOC | 19 | | children in out-of-home placements. This goal would be | 20 | | achieved by convening a group of senior-level internal | 21 | | staff members from the Department of Children and Family | 22 | | Services who are from an area
other than the pilot area
to | 23 | | (i) review removal decisions, absent specific demographic | 24 | | information and (ii) determine whether removal of a child | 25 | | is necessary to avoid imminent risk to the child's safety, | 26 | | health, and well-being. |
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| 1 | | (2) Establish a steering committee to: | 2 | | (A) develop and implement the Bias-Free Removal | 3 | | Pilot Program; | 4 | | (B) appoint members for the Bias-Free Case Review | 5 | | Team; and | 6 | | (C) appoint members for the Bias-Free Child | 7 | | Removal Advisory Board. | 8 | | (3) Establish a Bias-Free Case Review Team consisting | 9 | | of a child protection supervisor, an area administrator, | 10 | | and a regional administrator from an area other than the | 11 | | pilot area to: (i) review removal decisions absent | 12 | | specific demographic information as provided in paragraph | 13 | | (3) of subsection (e) of Section 25; and (ii) determine | 14 | | whether removal of the child is necessary to avoid | 15 | | imminent risk to the child's safety, health, and | 16 | | well-being. | 17 | | (4) Establish a Bias-Free Child Removal Advisory Board | 18 | | to monitor and oversee the Bias-Free Case Review Team and | 19 | | ensure that the Bias-Free Case Review Team executes | 20 | | bias-free removals in accordance with the provisions of | 21 | | this Act. | 22 | | Section 15. Definitions. As used in this Act: | 23 | | "Bias-free" means to review a case file without the | 24 | | following identifying demographic information on the parent | 25 | | and child: gender, race, ethnicity, geographic location, and |
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| 1 | | socioeconomic status, which prevents a reader from inserting | 2 | | bias, implicit or explicit, into critical decisions such as | 3 | | removing a child from the child's family. | 4 | | "BIPOC" means people who are members of the groups | 5 | | described in subparagraphs (a) through (e) of paragraph (A) of | 6 | | subsection (1) of Section 2 of the Business Enterprise for | 7 | | Minorities, Women, and Persons with Disabilities Act. | 8 | | "Child" means any person under 18 years of age. | 9 | | "Child welfare court personnel" means lawyers, judges, | 10 | | public defenders, and
guardians ad litem. | 11 | | "Department" means the Department of Children and Family | 12 | | Services. | 13 | | "Evaluation design" means identifying an overall strategy | 14 | | for analyzing the effectiveness of a program to include | 15 | | outlining a distinct approach to formulating key outputs and | 16 | | outcomes, selecting an appropriate research method, and | 17 | | evaluating the outcomes of a program. | 18 | | "Immediate and urgent necessity", in accordance with | 19 | | Section 5 of the Abused and Neglected Child reporting Act, | 20 | | means (i) that there is a reason to believe that the child | 21 | | cannot be cared for at home or in the custody of the person | 22 | | responsible for the child's welfare without endangering the | 23 | | child's health or safety and (ii) that there is no time to
| 24 | | apply for a court order under the Juvenile Court Act of 1987 | 25 | | for temporary custody of the child. | 26 | | "Lived experience" means a representation of the |
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| 1 | | experiences of a person
involved in the child welfare system, | 2 | | the knowledge and understanding that the person gains
from | 3 | | these experiences, and the ability to understand the policies | 4 | | or guidelines of the Department. | 5 | | "Program" or "pilot program" means the Bias-Free Child | 6 | | Removal Pilot Program. | 7 | | "Review Team" means the Bias-Free Case Review
Team. | 8 | | Section 20. Program. The Department of Children and Family | 9 | | Services shall establish a 3-year Bias-Free Child Removal | 10 | | Pilot Program no later than January 1, 2024, for the purpose of | 11 | | promoting unbiased decision making in the child removal | 12 | | process. The pilot program shall be implemented in a field | 13 | | office located in DuPage County, a field office located in | 14 | | Champaign County, and a field office located in Williamson | 15 | | County. The purpose of promoting unbiased decision making in | 16 | | the child removal process shall be achieved by the identified | 17 | | county using a bias-free child removal strategy when deciding | 18 | | whether a child should be removed from the custody of the | 19 | | child's parent or guardian, as specified. | 20 | | By January 1, 2024, the steering committee established by | 21 | | the Department as provided in Section 25 shall develop the | 22 | | pilot program for the purpose of addressing racial | 23 | | disproportionality in the child welfare system. The pilot | 24 | | program shall be implemented for a period of no less than 3 | 25 | | years in at least one office located in DuPage County, one |
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| 1 | | office located in Champaign County, and one office located in | 2 | | Williamson County. | 3 | | The Department shall on January 1, 2025, January 1, 2026, | 4 | | and January 1, 2027 submit to the General Assembly an | 5 | | evaluation report that details the pilot program's | 6 | | implementation and that provides an analysis of the pilot | 7 | | program's effect and impact on the removal rates of BIPOC | 8 | | children. The January 1, 2027 report shall be the final | 9 | | evaluation report submitted to the General Assembly by the | 10 | | Department. | 11 | | Section 25. Implementation. | 12 | | (a) By January 1, 2023, the Department shall establish a | 13 | | steering committee consisting of an interdisciplinary, diverse | 14 | | group of child welfare professionals and advocates for the | 15 | | purpose of creating the Bias-Free Child Removal Pilot Program | 16 | | and the pre-implementation plan for the pilot program. The | 17 | | steering committee shall be diverse in regard to the | 18 | | geographic location, race/ethnicity, gender, and profession | 19 | | and lived experience of committee members. As used in this | 20 | | Section, "lived experience" includes
knowledge and | 21 | | understanding of Department processes and policies. The | 22 | | steering committee
shall develop and oversee the | 23 | | implementation of the Bias-Free Case Review Team and
bias-free | 24 | | removal process. Once established, the steering committee | 25 | | shall initiate
implementation of the pilot program ensuring: |
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| 1 | | (i) organizational readiness; (ii) adequate
data collection | 2 | | and analysis; (iii) professional development and training for | 3 | | the staff; and
(iv) adherence to existing rules and State laws | 4 | | concerning child safety.
The steering committee shall include, | 5 | | but not be limited to, the following members: | 6 | | (1) A parent with lived experience in the child | 7 | | welfare system. | 8 | | (2) A former youth in care with lived experience in | 9 | | the child welfare system. | 10 | | (3) A member of an organization or office that | 11 | | represents children in abuse and neglect proceedings. | 12 | | (4) A community-based organization that advocates for | 13 | | parents' rights within
the child welfare system. | 14 | | (5) A public or private university responsible for | 15 | | evaluating the pilot program. | 16 | | (6) Five staff members from the Department, which | 17 | | shall include a child protection investigator, a child
| 18 | | protection supervisor, the Deputy Director of the | 19 | | Department's Division of Child Protection, the Deputy | 20 | | Director of the Department's Division of Race Equity | 21 | | Practice, and the Deputy Director of the Department's | 22 | | Division of Intact Services. | 23 | | (7) A licensed attorney who has practiced within the | 24 | | Illinois child welfare court
system in a county | 25 | | represented in the pilot program such as, but not limited | 26 | | to, a public defender,
an assistant state's attorney, a |
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| 1 | | guardian ad litem, or a judge. | 2 | | (8) A member of a statewide organization that | 3 | | advocates on behalf of community-based services for | 4 | | children and families. | 5 | | (b) By January 1, 2024, the steering committee shall | 6 | | establish the pilot program for the purpose of addressing | 7 | | racial disproportionality in the child welfare system. The | 8 | | pilot program shall be implemented for a period of no less than | 9 | | 3 years in at least one office located in DuPage County, one | 10 | | office located in Champaign County, and one office located in | 11 | | Williamson County. | 12 | | (c) The steering committee shall develop a written plan | 13 | | for the pilot program, in accordance with the goals of this | 14 | | Act, that shall be adopted by a unanimous vote. | 15 | | (d) The steering committee must include in the development | 16 | | of the pilot program the following: | 17 | | (1) Three permanent Bias-Free Case Review Team members | 18 | | for each county with a pilot program. The Review Team | 19 | | shall be diverse in regard to the members' geographic | 20 | | location, race and ethnicity, and gender. All Review Team | 21 | | members shall possess the knowledge, experience, | 22 | | understanding, and training equivalent to that of a child | 23 | | welfare caseworker or investigator, or higher. The Review | 24 | | Team shall be made up of the following: | 25 | | (A) one child protection supervisor; | 26 | | (B) one area administrator; and |
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| 1 | | (C) one regional administrator. | 2 | | (2) At least 4 alternate Review Team members who meet | 3 | | the same criteria set forth in paragraph (1) to fill in if | 4 | | or when a permanent Review Team member is unable to | 5 | | participate or attend meetings. | 6 | | (3) A decision regarding a timeline for convening the | 7 | | Bias-Free Case Review Team. | 8 | | (4) Establishment of decision-making protocols for the | 9 | | following questions: | 10 | | (i) What constitutes a child protection | 11 | | investigation meeting or not meeting the criteria to | 12 | | be presented to the Review
Team? | 13 | | (ii) Who decides to bring the investigation to the | 14 | | Review
Team? | 15 | | (iii) How and when the Review
Team is to convene | 16 | | during holidays, weekends, and after normal business | 17 | | hours? | 18 | | (e) The steering committee shall ensure that the pilot | 19 | | program includes: | 20 | | (1) A timeline for when the Bias-Free Case Review Team
| 21 | | shall convene. | 22 | | (2) How and when the child protection investigator or
| 23 | | child protection supervisor shall present the | 24 | | investigation to the Bias-Free Case Review Team. | 25 | | (3) A requirement that, prior to the Review
Team | 26 | | convening, the following demographic and identifiable |
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| 1 | | information must be removed from the case notes, intake | 2 | | summary, and investigation: | 3 | | (A) The name of the child and the child's parents. | 4 | | (B) The race or ethnicity of the child and the | 5 | | child's parents, except when the allegations require | 6 | | thoughtful considerations pertaining to a family's | 7 | | culture, ethnicity, or religion. | 8 | | (C) The sexual orientation or gender identity of | 9 | | the child and the child's parents, except when the | 10 | | allegations require thoughtful considerations | 11 | | pertaining to the LGBTQ status or gender identity of | 12 | | the child. | 13 | | (D) The religious affiliation or beliefs of the | 14 | | child and the child's parents, except when the | 15 | | allegations require thoughtful considerations | 16 | | pertaining to a family's culture, ethnicity, or | 17 | | religion. | 18 | | (E) The disability status of a parent, except when | 19 | | the allegations require thoughtful
considerations | 20 | | pertaining to a family's disability status. | 21 | | (F) The political affiliation or beliefs of the | 22 | | child and the child's parents. | 23 | | (G) The marital status of the child's parents. | 24 | | (H) The income level of the child's parents. | 25 | | (I) The education level of the child's parents. | 26 | | (J) Any reference to the location of the |
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| 1 | | neighborhood or county of the parent's address. | 2 | | Redacting the demographic and identifiable information | 3 | | from the intake summary, case notes, and investigation | 4 | | reduces the potential for biased decision making among | 5 | | Review
Team members. In adherence with the standards under | 6 | | the Abused and Neglected Child Reporting Act and | 7 | | Department rules, the focus shall instead be on the | 8 | | evidence of safety factors, risk elements, and family | 9 | | strengths. If removal is identified as unwarranted, the | 10 | | Review
Team shall make appropriate recommendations to | 11 | | ensure the safety and well-being of the child, including, | 12 | | but not limited to, voluntary or court-ordered intact | 13 | | family services. | 14 | | The pilot program shall not prevent a child protection | 15 | | investigator or supervisor from performing routine | 16 | | assignments required under Department policy after taking | 17 | | protective custody of a child. | 18 | | The redaction of case file information or the | 19 | | preparation of case files for the Review Team shall not be | 20 | | completed by
the child protection investigator or the | 21 | | child protection
supervisor. | 22 | | Agreement by a majority of the Review Team
members, as | 23 | | shall be outlined in protocol, is needed to render a
final | 24 | | decision. | 25 | | (f) The Department shall develop a tool or rubric for the | 26 | | Review
Team to fully document the decision-making process and |
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| 1 | | what led to the final decision. | 2 | | (1) The Review
Team shall make a decision on whether | 3 | | the child's removal from the child's home should be upheld | 4 | | or the child should be returned home to the child's | 5 | | parent. | 6 | | (2) The Review
Team shall submit to the child | 7 | | protection team (child protection worker, child protection | 8 | | supervisor, and area administrator) the final decision in | 9 | | writing. | 10 | | (g) The steering committee shall have the authority to | 11 | | include additional parameters in developing the pilot program, | 12 | | as necessary, to remain consistent with and fulfill the | 13 | | purpose and goal of the pilot program. | 14 | | (h) Cases that shall not be included in the pilot program: | 15 | | (1) Where protective custody is taken by law | 16 | | enforcement or a medical professional. | 17 | | (2) Cases that involve a forensic interview by a child | 18 | | protective investigator or law
enforcement. | 19 | | (3) Cases that include photographs of injuries. | 20 | | (4) Any case where the child welfare court has made a | 21 | | determination on the issue of custody. | 22 | | (i) There is established a Bias-Free Child Removal | 23 | | Advisory Board with the knowledge and understanding of the
| 24 | | Department's policies, rules, and procedures that shall | 25 | | include up to 2 of the following members, per pilot area: | 26 | | (1) community-based partners from the fields of |
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| 1 | | domestic violence, substance abuse, mental health, or | 2 | | housing; | 3 | | (2) public or private university partners; | 4 | | (3) a member of an organization that advocates on | 5 | | behalf of parents and families; | 6 | | (4) a member of an organization that legally | 7 | | represents children who are involved in the foster care | 8 | | system, in the court process; | 9 | | (5) a member of a statewide organization that | 10 | | advocates on behalf of community-based services for | 11 | | children and families; | 12 | | (6) a parent with lived experience in the child | 13 | | welfare system; | 14 | | (7) a former youth in care with lived experience in | 15 | | the child welfare system; and | 16 | | (8) a member of an organization or office that | 17 | | represents children in legal abuse and neglect | 18 | | proceedings. | 19 | | The Advisory Board shall be present with the Bias-Free | 20 | | Review Team for all case reviews for the purpose of ensuring | 21 | | that the Review Team executes bias-free removals in accordance | 22 | | with this Act. The Advisory Board shall not be responsible for | 23 | | any decision making. | 24 | | (j) The Department shall adopt the written protocols | 25 | | developed by the steering committee. | 26 | | (k) Criteria for determining success. The pilot program |
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| 1 | | shall be considered successful and expanded statewide if it is | 2 | | implemented with fidelity and the evaluation
reveals that | 3 | | disproportionality of BIPOC children is reduced by the end of | 4 | | the pilot program. The
pilot program shall not be expanded | 5 | | statewide if the evaluation
reveals that the bias-free removal | 6 | | process did not reduce disproportionality. | 7 | | (l)
The Department shall adopt rules, policies, and | 8 | | procedures necessary to implement this Act with the assistance | 9 | | of the steering committee. The Department shall present | 10 | | findings of the evaluation to the General Assembly on a yearly | 11 | | basis, with the first report due on January 1, 2025. After year | 12 | | 3 of the pilot program, the Department shall determine the | 13 | | need to expand the pilot program statewide, if data shows an | 14 | | impact on disproportionality, and shall provide a | 15 | | justification for or against statewide expansion. The pilot | 16 | | program does not create a private cause of action in case there | 17 | | is a problem with the application of the bias-free removal | 18 | | process. | 19 | | Section 30. Repealer. This Act is repealed on January 1, | 20 | | 2027. | 21 | | Section 99. Effective date. This Act takes effect upon | 22 | | becoming law.
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