Public Act 102-0470
 
HB3267 EnrolledLRB102 15033 KTG 20388 b

    AN ACT concerning State government.
 
    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
Advisory Commission on Reducing the Disproportionate
Representation of African-American Children in Foster Care
Act.
 
    Section 5. Findings. The General Assembly finds the
following:
        (1) In 1994 the African-American Family Commission was
    created by Executive Order to assist the Department of
    Children and Family Services in developing and
    implementing programs and public policies that affect the
    State's child welfare system.
        (2) However, in 2004 the Commission was renamed and
    its role expanded to focus on the development of services
    and programs that aim to strengthen and preserve the
    social and economic well-being of African-American
    families.
        (3) This holistic approach to strengthening
    African-American families and communities, though
    necessary, has yet to adequately address the
    disproportionate number of African-American children in
    foster care.
        (4) According to a 2017 fact sheet published by Child
    Trends, in 2015 African-American children represented 50%
    of Illinois' foster care population even though they only
    make up 15% of the State's general child population.
        (5) In contrast, white children represented 38% of the
    foster care population in 2015 even though they make up
    52% of the State's general child population.
        (6) Hispanic children are underrepresented in
    Illinois' foster care system as they only accounted for 9%
    of the foster care population in 2015 despite making up
    24% of the general child population.
        (7) Unfortunately, the disproportionate number of
    African-American children in foster care is a national
    dilemma.
        (8) According to an April 13, 2020 report published by
    the Annie E. Casey Foundation's KIDS COUNT Data Center,
    even though "the share of children who are black and in
    foster care remains much smaller than it was nearly a
    decade ago . . . black children are still overrepresented
    among youth in foster care relative to the general
    population" as they account for 23% of all kids in foster
    care even though they only represent 14% of the total
    child population in the United States.
        (9) In light of these grim statistics, the General
    Assembly finds the need for a separate advisory commission
    that is exclusively focused on identifying those causes
    and factors that contribute to the overrepresentation of
    African-American children in Illinois' foster care system
    and the policy measures needed to safely reduce the number
    of African-American children in foster care and keep them
    with their families.
 
    Section 10. Advisory Commission on Reducing the
Disproportionate Representation of African-American Children
in Foster Care.
    (a) The Advisory Commission on Reducing the
Disproportionate Representation of African-American Children
in Foster Care is created and shall have the following
appointed members:
        (1) One member appointed by the Governor or his of her
    designee.
        (2) One member appointed by the Speaker of the House
    of Representatives or his or her designee.
        (3) One member appointed by the Minority Leader of the
    House of Representatives or his or her designee.
        (4) One member appointed by the President of the
    Senate or his or her designee.
        (5) One member appointed by the Minority Leader of the
    Senate or his or her designee.
        (6) The Department on Aging, the Department of
    Children and Family Services, the Department of Human
    Services, the Department of Juvenile Justice, the
    Department of Commerce and Economic Opportunity, the
    Department of Healthcare and Family Services, the
    Department of Public Health, the State Board of Education,
    the Board of Higher Education, the Illinois Community
    College Board, the Department of Human Rights, the Capital
    Development Board, the Department of Corrections, and the
    Department of Labor shall each appoint a liaison to serve
    ex officio on the Commission.
        (7) One member from the Task Force on Strengthening
    Child Welfare Workforce for Children and Families.
        (8) One member from the Child Endangerment Risk
    Assessment Protocol Advisory Committee.
        (9) Two members representing nonprofit organizations
    that advocate for African-American children or youth to be
    appointed by the Governor or his or her designee.
    (b) The Governor or his or her designee shall appoint the
chairperson or chairpersons.
    (c) Each member appointed to the Commission shall have a
working knowledge of Illinois' child welfare system. The
members shall reflect regional representation to ensure that
the needs of African-American families and children throughout
the State of Illinois are met.
    (d) Members shall be appointed within 60 days after the
effective date of this Act. The Advisory Commission shall hold
its initial meetings within 60 days after at least 50% of the
members have been appointed.
    (e) Vacancies on the Advisory Commission shall be filled
in the same manner as initial appointments. Appointments to
fill vacancies occurring before the expiration of a term shall
be for the remainder of the unexpired term. Members shall
serve without compensation but may be reimbursed for actual
necessary expenses incurred in the performance of their
duties.
    (f) The Department of Children and Family Services shall
provide administrative support to the Advisory Commission.
 
    Section 15. Duties. The Advisory Commission shall be a
coordinating and advocating body that acts on behalf of the
interests of African-American children who are at risk of
placement within the State's child welfare system. The
Advisory Commission shall advise the Governor and the General
Assembly, as well as work directly with State agencies, to
identify those causes and factors that contribute to the
overrepresentation of African-American children in foster
care. In addition, the Advisory Commission shall collaborate
with State agencies and other social services organizations to
develop effective strategies, policies, services, and programs
that are aimed at providing African-American children and
their families with the resources and preventive services they
need to stay out of foster care and the child welfare system
generally. The Advisory Commission shall also assist in the
development of child welfare policies and practices that
advance more equitable outcomes for African-American children
and their families who have contact with the Department of
Children and Family Services. In furtherance of these
purposes, the Advisory Commission shall do the following:
        (1) Regularly track and analyze State and local data
    on the racial disproportionality of children in foster
    care in order to develop effective policies to prevent
    African-American children's placement in foster or
    substitute care.
        (2) Examine and develop strategies and policies to
    address the 2018 data released by the University of
    Illinois' Children and Family Research Center, School of
    Social Work, which showed racial disproportionality during
    5 key stages of the child welfare decision-making process:
    investigated maltreatment reports; protective custody;
    indicated maltreatment reports; entries into substitute
    care; and timely exits from substitute care.
        (3) Assist in the development of cultural competency
    training programs for child welfare caseworkers to
    eliminate racial bias and cultural misconceptions about
    African-American families and communities during the child
    welfare decision-making process.
        (4) Monitor and comment on existing and proposed
    legislation that affects African-American children who are
    at risk of placement in the child welfare or juvenile
    justice systems.
        (5) Identify best practices to safely increase the
    number of family or relative placements for
    African-American children who enter the child welfare
    system.
        (6) Collaborate with other State agencies and social
    services agencies in the development of programs that
    improve African-American families access to preventive and
    supportive services, including, but not limited to, mental
    health and substance use disorder services, medical care,
    legal assistance, housing assistance, and family
    counseling.
 
    Section 20. Reporting requirements. The Advisory
Commission shall submit an initial report on its findings and
recommendations to the Governor and the General Assembly one
year after it convenes its first meeting and every 2 years
thereafter.
 
    Section 99. Effective date. This Act takes effect upon
becoming law.