Full Text of SB3720 102nd General Assembly
SB3720sam001 102ND GENERAL ASSEMBLY | Sen. Karina Villa Filed: 2/9/2022
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| 1 | | AMENDMENT TO SENATE BILL 3720
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 3720 by replacing | 3 | | everything after the enacting clause with the following:
| 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 |
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| 1 | | represented in foster care having made up 52.8% of the | 2 | | general child population, but accounting for 48.8% of | 3 | | protective custodies. Hispanic children were | 4 | | under-represented having made up 24.9% of the general | 5 | | child population, but accounting for 11.5% of protective | 6 | | custodies. | 7 | | Section 10. Purpose. | 8 | | (a) In Illinois, and across the nation, some racial and | 9 | | ethnic minority groups are disproportionately represented in | 10 | | the child welfare system. This disproportionality could occur | 11 | | at 5 different decision points during a family's child welfare | 12 | | involvement: | 13 | | (1) investigated child abuse/neglect (CAN) | 14 | | reports; | 15 | | (2) protective custodies; | 16 | | (3) indicated CAN reports; | 17 | | (4) post-investigation service provision; and | 18 | | (5) timely exits from substitute care. | 19 | | (b) The purpose of this Act is to: | 20 | | (1) Require the Department of Children and Family | 21 | | Services to establish a 3-year, Bias-Free Child Removal | 22 | | Pilot Program for the purpose of promoting unbiased | 23 | | decision-making in the child removal process, while | 24 | | maintaining the safety of children and reducing risk, with | 25 | | the goal of decreasing the overrepresentation of BIPOC |
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| 1 | | children in out-of-home placements. This goal would be | 2 | | achieved by convening a group of senior-level internal | 3 | | staff members from the Department of Children and Family | 4 | | Services who are from an area
other than the pilot area
to | 5 | | (i) review removal decisions, absent specific demographic | 6 | | information and (ii) determine whether removal of a child | 7 | | is necessary to avoid imminent risk to his or her safety, | 8 | | health, and well-being. | 9 | | (2) Establish a pre-implementation steering committee | 10 | | to: | 11 | | (1) develop and implement the Bias-Free Removal | 12 | | Pilot Program; | 13 | | (2) recruit members for the Bias-Free Case Review | 14 | | Team; and | 15 | | (3) recruit members for the Bias-Free Child | 16 | | Removal Advisory Board. | 17 | | (3) Establish a Bias-Free Case Review Team consisting | 18 | | of a child protection supervisor, an area administrator, | 19 | | and a regional administrator from an area other than the | 20 | | pilot area to: (i) review removal decisions absent | 21 | | specific demographic information as provided in paragraph | 22 | | (3) of subsection (e) of Section 25; and (ii) determine | 23 | | whether removal of the child is necessary to avoid | 24 | | imminent risk to his or her safety, health, and | 25 | | well-being. | 26 | | (4) Establish a Bias-Free Child Removal Advisory Board |
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| 1 | | to monitor and oversee the Bias-Free Case Review Team and | 2 | | ensure that the Bias-Free Case Review Team executes | 3 | | bias-free removals in accordance with the provisions of | 4 | | this Act. | 5 | | Section 15. Definitions. As used in this Act: | 6 | | "Bias-free" means to review a case file without the | 7 | | following identifying demographic information on the parent | 8 | | and child: gender, race, ethnicity, geographic location, and | 9 | | socio-economic status, which prevents a reader from inserting | 10 | | bias, implicit or explicit, into critical decisions such as | 11 | | removing a child from his or her family. | 12 | | "BIPOC" means people who are members of the groups | 13 | | described in subparagraphs (a) through (e) of paragraph (A) of | 14 | | subsection (1) of Section 2 of the Business Enterprise for | 15 | | Minorities, Women, and Persons with Disabilities Act. | 16 | | "Child" means any person under 18 years of age. | 17 | | "Child welfare court personnel" means lawyers, judges, | 18 | | public-defenders, and
guardians ad litem. | 19 | | "Department" means the Department of Children and Family | 20 | | Services. | 21 | | "Evaluation design" means identifying an overall strategy | 22 | | for analyzing the effectiveness of a program to include | 23 | | outlining a distinct approach to formulating key outputs and | 24 | | outcomes, selecting an appropriate research method, and | 25 | | evaluating the outcomes of a program. |
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| 1 | | "Immediate and urgent necessity" in accordance with | 2 | | Section 5 of the Abused and Neglected Child reporting Act, | 3 | | means (i) that there is a reason to believe that the child | 4 | | cannot be cared for at home or in the custody of the person | 5 | | responsible for the child's welfare without endangering the | 6 | | child's health or safety and (ii) that there is no time to
| 7 | | apply for a court order under the Juvenile Court Act of 1987 | 8 | | for temporary custody of the child. | 9 | | "Lived experience" means a representation of the | 10 | | experiences of a person
involved in the child welfare system, | 11 | | the knowledge and understanding that the person gains
from | 12 | | these experiences, and the ability to understand the policies | 13 | | or guidelines of the Department. | 14 | | "Program" or "pilot program" means the Bias-Free Child | 15 | | Removal Pilot Program. | 16 | | "Review Team" means the Bias-Free Case Review
Team. | 17 | | Section 20. Program. The Department of Children and Family | 18 | | Services shall establish a 3-year Bias-Free Child Removal | 19 | | Pilot Program no later than January 1, 2024, for the purpose of | 20 | | promoting unbiased decision making in the child removal | 21 | | process. The pilot program shall be implemented in a field | 22 | | office located in Cook County, a field office located in | 23 | | Champaign County, and a field office located in St. Clair | 24 | | County. The purpose of promoting unbiased decision making in | 25 | | the child removal process shall be achieved by the identified |
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| 1 | | county using a bias-free child removal strategy when deciding | 2 | | whether a child should be removed from the custody of his or | 3 | | her parent or guardian, as specified. | 4 | | By January 1, 2024, the steering committee established by | 5 | | the Department as provided in Section 25 shall develop the | 6 | | pilot program for the purpose of addressing racial | 7 | | disproportionality in the child welfare system. The pilot | 8 | | program shall be implemented for a period of no less than 3 | 9 | | years in at least one office located in Cook County, one office | 10 | | located in Champaign County, and one office located in St. | 11 | | Clair County. | 12 | | The Department shall on January 1, 2025, January 1, 2026, | 13 | | and January 1, 2027 submit to the General Assembly an | 14 | | evaluation report that details the pilot program's | 15 | | implementation and that provides an analysis of the pilot | 16 | | program's effect and impact on the removal rates of BIPOC | 17 | | children. The January 1, 2027 report shall be the final | 18 | | evaluation report submitted to the General Assembly by the | 19 | | Department. | 20 | | Section 25. Implementation. | 21 | | (a) By January 1, 2023, the Department shall establish a | 22 | | pre-implementation steering committee consisting of an | 23 | | interdisciplinary, diverse group of child welfare | 24 | | professionals and advocates for the purpose of creating the | 25 | | Bias-Free Child Removal Pilot Program and the |
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| 1 | | pre-implementation plan for the pilot program. The steering | 2 | | committee shall be diverse in regard to the geographic | 3 | | location, race/ethnicity, gender, and profession and lived | 4 | | experience of committee members. As used in this Section, | 5 | | "lived experience" includes
knowledge and understanding of | 6 | | Department processes and policies. The steering committee
| 7 | | shall develop and oversee the implementation of the Bias-Free | 8 | | Case Review Team and
bias-free removal process. Once | 9 | | established, the steering committee shall initiate
| 10 | | implementation of the pilot program ensuring: (i) | 11 | | organizational readiness; (ii) adequate
data collection and | 12 | | analysis; (iii) professional development and training for the | 13 | | staff; and
(iv) adherence to existing rules and State laws | 14 | | concerning child safety.
The steering committee shall include, | 15 | | but not be limited to, the following members: | 16 | | (1) A parent with lived experience in the child | 17 | | welfare system. | 18 | | (2) A former youth in care with lived experience in | 19 | | the child welfare system. | 20 | | (3) A member of an organization or office that | 21 | | represents children in abuse and neglect proceedings. | 22 | | (4) A community-based organization that advocates for | 23 | | parents' rights within
the child welfare system. | 24 | | (5) A public or private university responsible for | 25 | | evaluating the pilot program. | 26 | | (6) Three staff members from the Department, which |
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| 1 | | shall include the Deputy Director of the Department's | 2 | | Division of Child Protection, the Deputy Director of the | 3 | | Department's Division of Race Equity Practice, and the | 4 | | Deputy Director of the Department's Division of Intact | 5 | | Services. | 6 | | (7) A licensed attorney who has practiced within the | 7 | | Illinois child welfare court
system in a county | 8 | | represented in the pilot program such as, but not limited | 9 | | to, a public defender,
an assistant state's attorney, a | 10 | | guardian ad litem, or a judge. | 11 | | (8) A member of a statewide organization that | 12 | | advocates on behalf of community-based services for | 13 | | children and families. | 14 | | (b) By January 1, 2024, the steering committee shall | 15 | | establish the pilot program for the purpose of addressing | 16 | | racial disproportionality in the child welfare system. The | 17 | | pilot program shall be implemented for a period of no less than | 18 | | 3 years in at least one office located in Cook County, one | 19 | | office located in Champaign County, and one office located in | 20 | | St. Clair County. | 21 | | (c) The steering committee shall develop a written plan | 22 | | for the pilot program, in accordance with the goals of this | 23 | | Act, that shall be adopted by a unanimous vote. | 24 | | (d) The steering committee must include in the development | 25 | | of the pilot program the following: | 26 | | (1) Three permanent Bias-Free Case Review Team members |
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| 1 | | for each county with a pilot program. The Review Team | 2 | | shall be diverse in regard to the members' geographic | 3 | | location, race and ethnicity, and gender. All Review Team | 4 | | members shall possess the knowledge, experience, | 5 | | understanding, and training equivalent to that of a child | 6 | | welfare caseworker or investigator, or higher. The Review | 7 | | Team shall be made up of the following: | 8 | | (A) one child protection supervisor; | 9 | | (B) one area administrator; and | 10 | | (C) one regional administrator. | 11 | | (2) At least 4 alternate Review Team members who meet | 12 | | the same criteria set forth in paragraph (1) to fill in if | 13 | | or when a permanent Review Team member is unable to | 14 | | participate or attend meetings. | 15 | | (3) A requirement that the Bias-Free Case Review Team | 16 | | convene with urgency (within 24 but no longer than 48 | 17 | | business hours) of a child being placed in protective | 18 | | custody and prior to a shelter care hearing in order to | 19 | | determine if protective custody is warranted. | 20 | | (4) Establishment of decision-making protocols for the | 21 | | following questions: | 22 | | (i) What constitutes a child protection | 23 | | investigation meeting or not meeting the criteria to | 24 | | be presented to the Review
Team? | 25 | | (ii) Who decides to bring the investigation to the | 26 | | Review
Team? |
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| 1 | | (iii) How and when the Review
Team is to convene | 2 | | during holidays, weekends, and after normal business | 3 | | hours? | 4 | | (e) The steering committee shall ensure that the pilot | 5 | | program includes: | 6 | | (1) A requirement that the Review
Team convenes as | 7 | | provided in paragraph (3) of subsection (d) to determine | 8 | | if there was an immediate or urgent necessity to remove | 9 | | the child from the care of his or her parent or guardian. | 10 | | (2) A requirement that the child protection | 11 | | investigator or supervisor present the
investigation to | 12 | | the Review Team. | 13 | | (3) A requirement that, prior to the Review
Team | 14 | | convening, the following demographic and identifiable | 15 | | information must be removed from the case notes, intake | 16 | | summary, and investigation: | 17 | | (A) The name of the child and the child's parents. | 18 | | (B) The race or ethnicity of the child and the | 19 | | child's parents, except when the allegations require | 20 | | thoughtful considerations pertaining to a family's | 21 | | culture, ethnicity, or religion. | 22 | | (C) The sexual orientation or gender identity of | 23 | | the child and the child's parents, except when the | 24 | | allegations require thoughtful considerations | 25 | | pertaining to the LGBTQ status or gender identity of | 26 | | the child. |
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| 1 | | (D) The religious affiliation or beliefs of the | 2 | | child and the child's parents, except when the | 3 | | allegations require thoughtful considerations | 4 | | pertaining to a family's culture, ethnicity, or | 5 | | religion. | 6 | | (E) The disability status of a parent, except when | 7 | | the allegations require thoughtful
considerations | 8 | | pertaining to a family's disability status. | 9 | | (F) The political affiliation or beliefs of the | 10 | | child and the child's parents. | 11 | | (G) The marital status of the child's parents. | 12 | | (H) The income level of the child's parents. | 13 | | (I) The education level of the child's parents. | 14 | | (J) Any reference to the location of the | 15 | | neighborhood or county of the parent's address. | 16 | | Redacting the demographic and identifiable information | 17 | | from the intake summary, case notes, and investigation | 18 | | reduces the potential for biased decision-making among | 19 | | Review
Team members. In adherence with the standards under | 20 | | the Abused and Neglected Child Reporting Act and | 21 | | Department rules, the focus shall instead be on the | 22 | | evidence of safety factors, risk elements, and family | 23 | | strengths. If removal is identified as unwarranted, the | 24 | | Review
Team shall make appropriate recommendations to | 25 | | ensure the safety and well-being of the child, including, | 26 | | but not limited to, voluntary or court-ordered intact |
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| 1 | | family services. | 2 | | There only needs to be an agreement by the majority of | 3 | | the Review
Team members for a final decision to be | 4 | | rendered. | 5 | | (f) The Department shall develop a tool or rubric for the | 6 | | Review
Team to fully document the decision-making process and | 7 | | what led to the final decision. | 8 | | (1) Whenever a judge grants the Department temporary | 9 | | custody of a child, the Review
Team shall make a decision, | 10 | | as soon as possible but no later than 48 hours prior to a | 11 | | shelter care hearing, on whether the child's removal from | 12 | | his or her home should be upheld or the child should be | 13 | | returned home to his or her parent. | 14 | | (2) The Review
Team shall submit to the child | 15 | | protection team (child protection worker, child protection | 16 | | supervisor, and area administrator) the final decision in | 17 | | writing. | 18 | | (g) The steering committee shall have the authority to | 19 | | include additional parameters in developing the pilot program, | 20 | | as necessary, to remain consistent with and fulfill the | 21 | | purpose and goal of the pilot program. | 22 | | (h) Cases that shall not be included in the pilot program: | 23 | | (1) Where protective custody is taken by law | 24 | | enforcement or a medical professional. | 25 | | (2) Cases that involve a forensic interview by a child | 26 | | protective investigator or law
enforcement. |
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| 1 | | (3) Cases that include photographs of injuries. | 2 | | (4) Any case where the child welfare court has made a | 3 | | determination on the issue of custody. | 4 | | (i) There is established a Bias-Free Child Removal | 5 | | Advisory Board that shall include up to 2 of the following | 6 | | members, per pilot area: | 7 | | (1) community-based partners from the fields of | 8 | | domestic violence, substance abuse, mental health, or | 9 | | housing; | 10 | | (2) public or private university partners; | 11 | | (3) a member of an organization that advocates on | 12 | | behalf of parents and families; | 13 | | (4) a member of an organization that legally | 14 | | represents children who are involved in the foster care | 15 | | system, in the court process; | 16 | | (5) a member of a statewide organization that | 17 | | advocates on behalf of community-based services for | 18 | | children and families; | 19 | | (6) a parent with lived experience in the child | 20 | | welfare system; | 21 | | (7) a former youth in care with lived experience in | 22 | | the child welfare system; and | 23 | | (8) a member of an organization or office that | 24 | | represents children in legal abuse and neglect | 25 | | proceedings. | 26 | | The Advisory Board shall be present with the Bias-Free |
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| 1 | | Review Team for all case reviews for the purpose of ensuring | 2 | | that the Review Team executes bias-free removals in accordance | 3 | | with this Act. The Advisory Board shall not be responsible for | 4 | | any decision making. | 5 | | (j) The Department shall adopt the written protocols | 6 | | developed by the steering committee. | 7 | | (k) Criteria for determining success. The pilot program | 8 | | shall be considered successful and expanded statewide if it is | 9 | | implemented with fidelity and the evaluation
reveals that | 10 | | disproportionality of BIPOC children is reduced by the end of | 11 | | the pilot program. The
pilot program shall not be expanded | 12 | | statewide if the evaluation
reveals that the bias-free removal | 13 | | process did not reduce disproportionality. | 14 | | (l)
The Department shall adopt rules, policies, and | 15 | | procedures necessary to implement this Act with the assistance | 16 | | of the steering committee. The Department shall present | 17 | | findings of the evaluation to the General Assembly on a yearly | 18 | | basis, with the first report due on January 1, 2025. After year | 19 | | 3 of the pilot program, the Department shall determine the | 20 | | need to expand the pilot program statewide, if data shows an | 21 | | impact on disproportionality, and shall provide a | 22 | | justification for or against statewide expansion. The pilot | 23 | | program does not create a private cause of action in case there | 24 | | is a problem with the application of the bias-free removal | 25 | | process. |
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| 1 | | Section 30. Repealer. This Act is repealed on January 1, | 2 | | 2027. | 3 | | Section 99. Effective date. This Act takes effect upon | 4 | | becoming law.".
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