Public Act 102-1087
 
SB3720 EnrolledLRB102 23913 KTG 33111 b


  
    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. Findings. The  General  Assembly  finds  that the   
University of Illinois' Children and Family Research Center 
determined in its October 2021 report, "Racial 
Disproportionality in the Illinois Child Welfare System", 
that: 
        (1) In 2020, compared to their percentage in the 
    general child population, black children were 
    overrepresented in  foster care having made up 16.4% of  the  
    general  child  population,  but  accounting  for 38.5% of  
    protective custodies.
        (2)  In comparison, white children were proportionally 
    represented in  foster care having made up 52.8% of the 
    general child population, but accounting for 48.8% of 
    protective custodies. Hispanic children were 
    under-represented having made up 24.9% of the general 
    child population, but accounting for 11.5% of protective 
    custodies.
 
    Section 10. Purpose. 
    (a) 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 child abuse/neglect (CAN) reports; 
        (2) protective custodies;
        (3) indicated CAN reports;
        (4) post-investigation service provision; and
        (5) timely exits from substitute care.
    (b) The purpose of this  Act is to:
        (1) 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, with 
    the goal of decreasing the overrepresentation of BIPOC 
    children in out-of-home placements. This goal would be 
    achieved by convening a group of senior-level internal 
    staff members from the Department of Children and Family 
    Services  who are from an  area
 other than the pilot area
to 
    (i) review removal decisions, absent specific demographic 
    information and (ii) determine whether removal of a child 
    is necessary to avoid imminent risk to the child's safety, 
    health, and well-being. 
        (2) Establish a steering committee to:
            (A) develop and implement the Bias-Free Removal 
        Pilot Program;
            (B) appoint members for the Bias-Free Case Review 
        Team; and
            (C) appoint members for the Bias-Free Child 
        Removal Advisory Board. 
        (3) Establish  a  Bias-Free  Case  Review  Team consisting  
    of  a  child protection supervisor, an area administrator, 
    and a regional administrator from an area  other  than  the  
    pilot  area  to:  (i) review  removal  decisions  absent  
    specific demographic information as provided in paragraph 
    (3) of subsection (e) of Section 25; and (ii) determine 
    whether removal of the child is necessary to avoid 
    imminent risk to the child's safety, health, and 
    well-being.
        (4) Establish a Bias-Free Child Removal Advisory Board 
    to monitor and oversee the Bias-Free  Case  Review  Team and 
    ensure that the Bias-Free  Case  Review  Team executes 
    bias-free removals   in   accordance   with  the provisions of 
    this Act.
 
    Section 15. Definitions.  As used  in this Act:
    "Bias-free" means to review a case file without the 
following identifying demographic information on the parent 
and child: gender, race, ethnicity, geographic location, and 
socioeconomic status, which prevents a reader from inserting 
bias, implicit or explicit, into critical decisions such as 
removing a child from the child's 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. 
    "Child welfare court personnel" means lawyers, judges, 
public defenders, and
 guardians ad litem.
    "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. 
    "Immediate and urgent necessity", in accordance with 
Section 5 of the Abused and Neglected Child reporting Act, 
means (i) that there is a reason to believe that the child 
cannot be cared for at home or in the custody of the person 
responsible for the child's welfare without endangering the 
child's health or safety and (ii) that there is no time to


apply for a court order under the Juvenile Court Act of 1987 
for temporary custody of the child.
    "Lived  experience"  means  a  representation  of  the  
experiences  of  a   person
 involved in the child welfare system, 
the knowledge and understanding that the person gains
 from 
these experiences, and the ability to understand the policies 
or guidelines of the Department.
    "Program" or "pilot program" means the Bias-Free Child 
Removal Pilot Program. 
    "Review Team" means the Bias-Free Case Review
 Team.
 
    Section 20. Program.  The Department of Children and Family 
Services shall establish a 3-year Bias-Free Child Removal 
Pilot Program no later than January 1, 2024, for the purpose of 
promoting unbiased decision making in the child removal 
process. The pilot program shall be implemented in a field 
office located in DuPage County, a field office located in 
Champaign County, and a field office located in Williamson 
County. The purpose of promoting unbiased decision making in 
the child removal process shall be achieved by the identified 
county using a bias-free child removal strategy when deciding 
whether a child should be removed from the custody of the 
child's parent or guardian, as specified.
    By  January  1,  2024, the steering committee established by 
the Department as provided in Section 25 shall develop the 
pilot program for the purpose of addressing racial 
disproportionality in the child welfare system. The pilot 
program shall be implemented for a period  of  no  less  than  3  
years  in  at least one office located in DuPage County, one 
office located in Champaign  County,  and  one office located in 
Williamson County.
    The Department shall on January 1, 2025, January 1, 2026, 
and January 1, 2027 submit  to  the  General Assembly  an  
evaluation  report  that details the pilot program's 
implementation and that provides an analysis of the pilot 
program's effect and impact on the removal  rates  of  BIPOC  
children.  The  January 1, 2027 report shall be the final 
evaluation report submitted to the General Assembly by the 
Department.
 
    Section 25. Implementation. 
    (a) By  January 1, 2023, the Department shall establish a 
steering committee consisting of an interdisciplinary, diverse 
group of 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. The 
steering committee shall be diverse in regard to the 
geographic location, race/ethnicity, gender,   and profession   
and   lived experience of committee members. As used in this 
Section, "lived  experience" includes
 knowledge and 
understanding of Department processes and policies. The 
steering committee
 shall develop and oversee the 
implementation of the Bias-Free Case Review Team and
 bias-free   
removal   process.   Once   established,   the  steering  committee  
shall initiate
 implementation of the pilot program ensuring: 
(i) organizational readiness; (ii) adequate
 data collection 
and analysis; (iii) professional development and training for 
the staff; and
 (iv) adherence to existing rules and State laws 
concerning child safety.
The steering committee shall include, 
but not be limited to, the following members:
        (1) A parent with lived experience in the child 
    welfare system.
        (2) A former youth in care with lived experience in 
    the child welfare system.
        (3) A member of an organization or office that 
    represents children in abuse and neglect proceedings.
        (4) A community-based organization that advocates for 
    parents' rights within
 the child welfare system. 
        (5) A public or private university responsible for 
    evaluating the pilot program.
        (6) Five staff members from the Department, which 
    shall include a child protection investigator, a child

    protection supervisor, the Deputy Director of the 
    Department's Division of Child Protection, the Deputy 
    Director of the Department's Division of Race Equity 
    Practice, and the Deputy Director of the Department's 
    Division of Intact Services.
        (7) A licensed attorney who has practiced within the 
    Illinois child welfare court
 system in a county 
    represented in the pilot program such as, but not limited 
    to, a public defender,
 an assistant state's attorney, a 
    guardian ad litem, or a judge.
        (8) A member of a statewide organization that 
    advocates on behalf of community-based services for 
    children and families.
    (b) By January 1, 2024, the steering committee shall 
establish the pilot program for the purpose of addressing 
racial disproportionality in the child welfare system. The 
pilot program shall be implemented for a period of no less than 
3 years in at least one office located in DuPage County, one 
office located in Champaign County, and one office located in 
Williamson County. 
    (c) The steering committee shall develop a written plan 
for the pilot program, in accordance with the goals of this 
Act, that shall be adopted by a unanimous vote.
    (d) The steering committee must include in the development 
of the pilot program  the following:
        (1) Three permanent Bias-Free Case Review Team members 
    for each county with a pilot program.  The Review Team  
    shall  be  diverse  in regard to the members' geographic 
    location, race and ethnicity, and gender.  All  Review Team 
    members  shall possess the knowledge, experience, 
    understanding,  and  training  equivalent  to  that  of  a  child  
    welfare  caseworker  or  investigator,  or higher. The Review 
    Team shall be made up of the following:
            (A) one child protection supervisor;
            (B) one area administrator; and
            (C) one regional administrator.
        (2) At least 4 alternate Review Team members who meet 
    the same criteria set forth in paragraph (1) to fill in if 
    or when a permanent Review Team member is unable to 
    participate or attend meetings.
        (3) A decision regarding a timeline for convening the 
    Bias-Free Case Review Team.
        (4) Establishment of decision-making protocols for the 
    following questions:
            (i) What constitutes a child protection 
        investigation meeting or not meeting the criteria to 
        be presented to the Review
 Team?
            (ii) Who decides to bring the investigation to the 
        Review
 Team?
            (iii) How and when the Review
 Team is to convene 
        during holidays, weekends, and after normal business 
        hours?
    (e) The steering committee shall ensure that the pilot 
program includes:
        (1) A timeline for when the Bias-Free Case Review Team

    shall convene.
        (2) How and when the child protection investigator or

    child protection supervisor shall present the 
    investigation to the Bias-Free Case Review Team.
        (3) A requirement that, prior to the Review
 Team 
    convening,  the following demographic and identifiable 
    information must be removed from the case notes, intake 
    summary, and investigation:
            (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 or gender identity of 
        the child and the child's parents, except when the 
        allegations require thoughtful considerations 
        pertaining to the LGBTQ status or gender identity of 
        the child.
            (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 disability status of a parent, except when 
        the allegations require thoughtful
 considerations 
        pertaining to a family's disability status.
            (F) The political affiliation or beliefs of the 
        child and the child's parents.
            (G) The marital status of the child's parents.
            (H) The income level of the child's parents.
            (I) The education level of the child's parents.
            (J) Any reference to the location of the 
        neighborhood or county of the parent's address.
        Redacting the demographic and identifiable information 
    from the intake summary, case notes, and investigation 
    reduces the potential for biased decision making among 
    Review
 Team members. In adherence with the standards under 
    the Abused and Neglected Child Reporting Act and 
    Department rules, the focus shall instead be on the 
    evidence of safety factors, risk elements, and family 
    strengths. If removal is identified as unwarranted, the 
    Review
 Team 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. 
        The pilot program shall not prevent a child protection 
    investigator or supervisor from performing routine 
    assignments required under Department policy after taking 
    protective custody of a child.
        The redaction of case file information or the 
    preparation of case files for the Review Team shall not be 
    completed by
the child protection investigator or the 
    child protection
supervisor.
        Agreement by a majority of the Review Team
members, as 
    shall be outlined in protocol, is needed to render a
final 
    decision.
    (f) The Department shall develop a tool or rubric for the 
Review
 Team to fully document the decision-making process and 
what led to the final decision.
        (1) The Review
 Team shall make a decision on whether 
    the child's removal from the child's home should be upheld 
    or the child should be returned home to the child's 
    parent.
        (2) The Review
 Team shall submit to the child 
    protection team (child protection worker, child protection 
    supervisor, and area administrator) the final decision in 
    writing.
    (g) The steering committee shall have the authority to 
include additional parameters in developing the pilot program, 
as necessary, to remain consistent with and fulfill the 
purpose and goal of the pilot program.
    (h) Cases that shall not be included in the pilot program: 
        (1) Where protective custody is taken by law 
    enforcement or a medical professional.
        (2) Cases that involve a forensic interview by a child 
    protective investigator or law
 enforcement.
        (3) Cases that include photographs of injuries.
        (4) Any case where the child welfare court has made a 
    determination on the issue of custody.
    (i) There is established a Bias-Free Child Removal 
Advisory Board with the knowledge and understanding of the

Department's policies, rules, and procedures that shall 
include up to 2 of the following members, per pilot area:
        (1) community-based partners from the fields of 
    domestic violence, substance abuse, mental health, or 
    housing;
        (2) public or private university partners;
        (3) a member of an organization that advocates on 
    behalf of parents and families;
        (4) a member of an organization that legally 
    represents children who are involved in the foster care 
    system, in the court process;
        (5) a member of a statewide organization that 
    advocates on behalf of community-based services for 
    children and families;
        (6) a parent with lived experience in the child 
    welfare system; 
        (7)  a former youth in care with lived experience in 
    the child welfare system; and
        (8) a member of an organization or office that 
    represents children in legal abuse and neglect 
    proceedings.
    The Advisory Board shall be present with the Bias-Free 
Review Team for all case reviews  for  the  purpose  of  ensuring  
that  the Review Team executes  bias-free  removals in accordance  
with  this Act. The Advisory Board shall not be responsible for 
any decision making.
    (j) The Department shall adopt the written protocols 
developed by the steering committee.
    (k) Criteria for determining success. The pilot  program 
shall be considered successful and expanded statewide  if  it is 
implemented  with  fidelity  and  the evaluation
 reveals that 
disproportionality of BIPOC children is reduced by the end of 
the pilot program. The
 pilot program shall not be expanded 
statewide if the evaluation
 reveals that the bias-free removal 
process did not reduce disproportionality.
    (l)
The Department shall adopt rules, policies, and 
procedures necessary to implement this Act with the assistance 
of the steering committee. The Department shall present 
findings of the evaluation to the General Assembly on a yearly 
basis, with the first report due on January 1, 2025. After year 
3 of the pilot program, the Department shall determine the 
need to expand the pilot program statewide, if data shows an 
impact on disproportionality, and shall provide a 
justification for or against statewide expansion. The pilot 
program does not create a private cause of action in case there 
is a problem with the application of the bias-free removal 
process. 
 
    Section 30. Repealer. This Act is repealed on January 1, 
2027.
 
    Section 99. Effective date. This Act takes effect upon 
becoming law.