Bill Amendment: IL HB3821 | 2021-2022 | 102nd General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: DCFS-RACIAL DISPROPORTIONALITY
Status: 2021-08-20 - Public Act . . . . . . . . . 102-0506 [HB3821 Detail]
Download: Illinois-2021-HB3821-House_Amendment_001.html
Bill Title: DCFS-RACIAL DISPROPORTIONALITY
Status: 2021-08-20 - Public Act . . . . . . . . . 102-0506 [HB3821 Detail]
Download: Illinois-2021-HB3821-House_Amendment_001.html
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1 | AMENDMENT TO HOUSE BILL 3821
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2 | AMENDMENT NO. ______. Amend House Bill 3821 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 1. Short title. This Act may be cited as the | ||||||
5 | Racial Disproportionality in Child Welfare Task Force Act.
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6 | Section 3. Purposes. The purposes of this Act are to | ||||||
7 | understand the underlying factors of child welfare system | ||||||
8 | involvement for families; examine the racial disparities of | ||||||
9 | children and families involved in the child welfare system at | ||||||
10 | every key procedural phase of system involvement and the | ||||||
11 | causes of such disparities; and explore resources, policies, | ||||||
12 | and practices that could prevent system entry for families and | ||||||
13 | reduce racial disproportionality at each key procedural phase | ||||||
14 | of system involvement.
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15 | Section 5. Findings. The General Assembly finds the |
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1 | following: | ||||||
2 | (1) Historically, Black children and Black parents and | ||||||
3 | caregivers, women in particular, are disproportionately | ||||||
4 | represented in the child welfare system. | ||||||
5 | (2) According to the Fiscal Year 2018 Disproportionality | ||||||
6 | and Disparity Report prepared by the Children and Family | ||||||
7 | Research Center of the University of Illinois, School of | ||||||
8 | Social Work, racial disparities exist at each key decision | ||||||
9 | point in the Illinois child welfare system with Black children | ||||||
10 | being overrepresented at each point. | ||||||
11 | (3) Multiple studies show that removals which separate | ||||||
12 | children from parents, even "short removals" lasting 48 hours, | ||||||
13 | trigger responses in the children that include anxiety, | ||||||
14 | isolation, aggression, substance abuse, and post-traumatic | ||||||
15 | stress disorder and release higher levels of cortisol and | ||||||
16 | damages brain cells. These impacts are experienced in | ||||||
17 | "reciprocal and synergistic" ways by parents during | ||||||
18 | separation. | ||||||
19 | (4) According to Child Trends' fiscal year 2019 | ||||||
20 | "State-level Data for Understanding Child Welfare in the | ||||||
21 | United States," the average length of stay in foster care in | ||||||
22 | Illinois was 28.6 months compared to the national average of | ||||||
23 | 19.8 months, and 12% of children in Illinois foster care were | ||||||
24 | there 5 or more years compared to 5% of children nationally in | ||||||
25 | foster care for that long. | ||||||
26 | (5) As of December 31, 2020, the population of Illinois' |
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1 | youth in care was approximately 44% Black according to data | ||||||
2 | from the Department of Children and Family Services, while | ||||||
3 | recent data from the Annie E. Casey Foundation's KIDS COUNT | ||||||
4 | Data Center estimate the 2019 child population of Illinois to | ||||||
5 | have been approximately 15% Black. | ||||||
6 | (6) Black children and youth are represented in the child | ||||||
7 | welfare system in Illinois at approximately 3 times the | ||||||
8 | percentage of the statewide child population that is Black. | ||||||
9 | Nationally, Black children and youth are represented in foster | ||||||
10 | care at approximately 2 times the percentage of the national | ||||||
11 | child population that is Black according to the National | ||||||
12 | Conference of State Legislatures. | ||||||
13 | (7) Between fiscal years 2018 and 2020, the number of | ||||||
14 | Illinois children removed from their homes annually increased | ||||||
15 | by 30%, according to data from the Department of Children and | ||||||
16 | Family Services. The increase in 2019 was 17%, the | ||||||
17 | second-highest increase in the country. | ||||||
18 | (8) More than 90% of foster youth with 5 or more moves | ||||||
19 | become involved in the juvenile justice system. In 2019, | ||||||
20 | children in the custody of the Department of Children and | ||||||
21 | Family Services averaged 3.8 moves/1,000 days; for Black | ||||||
22 | children, the average was 4.4 moves/1,000 days. | ||||||
23 | (9) In Chapin Hall's Midwest Study of the Illinois, | ||||||
24 | Wisconsin, and Iowa child welfare systems, almost 70% of youth | ||||||
25 | involved in the study had been arrested by their mid-20s. | ||||||
26 | (10) In 2018, 79% of calls made to the Illinois Child Abuse |
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1 | Hotline were made by mandated reporters. Of these calls, 25.8% | ||||||
2 | came from education personnel, 24.2% from law enforcement | ||||||
3 | personnel, 13.5% from medical personnel, and 10.7% from social | ||||||
4 | service personnel. | ||||||
5 | (11) According to Child Trends' state-level data for | ||||||
6 | federal fiscal year 2018 for Illinois, 65% of child abuse and | ||||||
7 | neglect cases were due to allegations of neglect, 12% due to | ||||||
8 | allegations of physical abuse, and 13% due to allegations of | ||||||
9 | sexual abuse. | ||||||
10 | (12) According to Child Trends' state-level data for | ||||||
11 | federal fiscal year 2019 for Illinois, 89% of entries into | ||||||
12 | foster care were due to neglect, 12% due to parental substance | ||||||
13 | abuse, 11% due to physical abuse, and 2% due to sexual abuse. | ||||||
14 | (13) In 2018, 20,815 reports to the Illinois Child Abuse | ||||||
15 | Hotline involved an allegation of abuse and 35,310 involved a | ||||||
16 | neglect allegation. Of these reports, only 10,189 were | ||||||
17 | investigated, and of these investigations, only 1,544 resulted | ||||||
18 | in an indicated finding. Of the investigations resulting in an | ||||||
19 | indicated finding, only 225 were screened into court. | ||||||
20 | (14) According to the Fiscal Year 2020 Monitoring Report | ||||||
21 | of the B.H. Consent Decree prepared by the Children and Family | ||||||
22 | Research Center of the University of Illinois, School of | ||||||
23 | Social Work, Black children in 2019 were less likely than | ||||||
24 | white and Latinx children to be placed in kinship foster | ||||||
25 | homes. Black children were more likely to be placed in | ||||||
26 | traditional foster homes than white and Latinx children. Black |
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1 | children were also more likely to be placed in institutions or | ||||||
2 | group homes than white and Latinx children.
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3 | Section 10. Composition. The Racial Disproportionality in | ||||||
4 | Child Welfare Task Force is created within the Department of | ||||||
5 | Children and Family Services consisting of members appointed | ||||||
6 | as follows: | ||||||
7 | (1) Two members from the Senate, one appointed by the | ||||||
8 | President of the Senate and one appointed by the Senate | ||||||
9 | Minority Leader. | ||||||
10 | (2) Two members from the House of Representatives, one | ||||||
11 | appointed by the Speaker of the House of Representatives and | ||||||
12 | one appointed by the House Minority Leader. | ||||||
13 | (3) Two General Assembly members from the Illinois | ||||||
14 | Legislative Black Caucus, appointed by the Joint Caucus Chair | ||||||
15 | of the Illinois Legislative Black Caucus. | ||||||
16 | (4) Two General Assembly members from the Illinois Latino | ||||||
17 | Caucus, appointed by the Chair of the Illinois Latino Caucus. | ||||||
18 | (5) One member from the Office of the Governor appointed | ||||||
19 | by the Governor. | ||||||
20 | (6) The Director of Children and Family Services, or his | ||||||
21 | or her designee. | ||||||
22 | (7) The Secretary of Human Services, or his or her | ||||||
23 | designee. | ||||||
24 | (8) The Director of Healthcare and Family Services, or his | ||||||
25 | or her designee. |
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1 | (9) One member from an organization with expertise in | ||||||
2 | housing and the Continuum of Care Program that works with | ||||||
3 | impacted populations or convenes advocates to prevent and end | ||||||
4 | homelessness, appointed by the Governor's Office. | ||||||
5 | (10) The Inspector General of the Department of Children | ||||||
6 | and Family Services, or his or her designee. | ||||||
7 | (11) One member from an organization with expertise in the | ||||||
8 | child welfare system that advocates to preserve and reunify | ||||||
9 | families, appointed by the Governor's Office. | ||||||
10 | (12) One member who is an academic researcher who has | ||||||
11 | studied the racialized history and impact of the child welfare | ||||||
12 | system on children, families, and communities, appointed by | ||||||
13 | the Governor's Office. | ||||||
14 | (13) One member from the Administrative Office of the | ||||||
15 | Illinois Courts, Children and Families Unit, Court Services | ||||||
16 | Division, appointed by the Director of the Administrative | ||||||
17 | Office of the Illinois Courts. | ||||||
18 | (14) Three members who are parents directly impacted by | ||||||
19 | the child welfare system, at least 2 of whom come from a | ||||||
20 | disproportionately represented racial group, appointed by the | ||||||
21 | Governor's Office. | ||||||
22 | (15) The Cook County Public Guardian or his or her | ||||||
23 | designee. | ||||||
24 | (16) One member who provides legal representation to | ||||||
25 | children in child protection cases from outside of Cook | ||||||
26 | County, appointed by the Governor's Office. |
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1 | (17) Two members who provide legal representation to | ||||||
2 | parents in child protection cases, one from the Law Office of | ||||||
3 | the Cook County Public Defender, appointed by the Governor's | ||||||
4 | Office, and one from outside of Cook County, appointed by the | ||||||
5 | Governor's Office. | ||||||
6 | (18) Two members who provide legal representation on | ||||||
7 | behalf of the State of Illinois in child protection cases, one | ||||||
8 | from the Cook County State's Attorney's Office, appointed by | ||||||
9 | the Governor's Office, and one from a State's Attorney's | ||||||
10 | office outside of Cook County, appointed by the Governor's | ||||||
11 | Office. | ||||||
12 | (19) One member who provides legal services to parents | ||||||
13 | impacted by gender-based violence during the investigation | ||||||
14 | phase of child abuse or neglect cases, including services | ||||||
15 | related to safety plans, intact services, and administrative | ||||||
16 | appeals, appointed by the Governor's Office. | ||||||
17 | (20) Three members who have experience as youth in the | ||||||
18 | child welfare system, at least 2 of whom come from a | ||||||
19 | disproportionately represented racial group, appointed by the | ||||||
20 | Governor's Office. | ||||||
21 | (21) One member from a statewide organization advocating | ||||||
22 | for the advancement of civil liberties for at least 80 years in | ||||||
23 | Illinois, appointed by the Governor's Office. | ||||||
24 | (22) One member from an organization that advocates on | ||||||
25 | behalf of children, youth, and families and the | ||||||
26 | community-based providers that serve them, appointed by the |
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1 | Governor's Office.
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2 | Section 15. Meetings; co-chairs; administrative support. | ||||||
3 | All members appointed under Section 10 shall serve without | ||||||
4 | compensation. Task Force members shall be appointed within 60 | ||||||
5 | days after the effective date of this Act. The Task Force shall | ||||||
6 | hold its initial meetings within 90 days after the effective | ||||||
7 | date of this Act. The Task Force shall meet at least 4 times. | ||||||
8 | The following individuals shall serve as co-chairs of the Task | ||||||
9 | Force: (i) the member from the organization with expertise in | ||||||
10 | the child welfare system that advocates to preserve and | ||||||
11 | reunify families; and (ii) the member from the organization | ||||||
12 | that advocates on behalf of children, youth, and families and | ||||||
13 | the community-based providers that serve them. The Department | ||||||
14 | of Children and Family Services shall provide any necessary | ||||||
15 | administrative and other support to the Task Force. The | ||||||
16 | Department of Children and Family Services shall facilitate | ||||||
17 | the prompt and timely collection and provision of data as | ||||||
18 | requested by or on behalf of the Task Force. Such facilitation | ||||||
19 | shall include, without limitation, authorizing the provision | ||||||
20 | of reports and underlying Department data that the Department | ||||||
21 | currently or previously has provided or made available to the | ||||||
22 | Children and Family Research Center of the University of | ||||||
23 | Illinois at Urbana-Champaign, Chapin Hall, Northwestern | ||||||
24 | University, and any other of the Department's university | ||||||
25 | partners and consultants.
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1 | Section 20. Duties. The Task Force shall: | ||||||
2 | (1) Examine the historical and current role of | ||||||
3 | mandatory reporting and its impact on the racial and | ||||||
4 | gender disparities of families involved with the | ||||||
5 | Department of Children and Family Services. | ||||||
6 | (2) Examine the underlying factors that bring families | ||||||
7 | into contact with the Department of Children and Family | ||||||
8 | Services and the factors that lead to child removal, | ||||||
9 | including, but not limited to, suspected or known | ||||||
10 | substance use or dependency, intergenerational child | ||||||
11 | welfare system involvement, and lack of access to shelter, | ||||||
12 | food, clothing, income or employment, and healthcare, and | ||||||
13 | how these impact the length of time families remain | ||||||
14 | involved in the child welfare system. | ||||||
15 | (3) Review the Department of Children and Family | ||||||
16 | Services' progress on the planning and implementation of | ||||||
17 | the Family First Prevention Services Act and determine | ||||||
18 | what impact, if any, the plan may have on the current | ||||||
19 | racial disparities of children and families in the child | ||||||
20 | welfare system. | ||||||
21 | (4) Examine the current processes and policies, data, | ||||||
22 | and data collection methods for families involved | ||||||
23 | simultaneously in the child welfare, juvenile justice, or | ||||||
24 | criminal justice systems, including, but not limited to, | ||||||
25 | youth who are dually involved in the juvenile justice and |
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1 | child welfare systems. | ||||||
2 | (5) Explore policies and protocols that honor | ||||||
3 | language, culture, and heritage in identity formation and | ||||||
4 | familial relationships, including, but not limited to, | ||||||
5 | race-blind child protection screenings and child removal | ||||||
6 | reviews, as implemented in other jurisdictions around the | ||||||
7 | United States, and make recommendations for implementation | ||||||
8 | in Illinois. | ||||||
9 | (6) Explore the development of a curriculum for a | ||||||
10 | child welfare specific implicit bias training for all | ||||||
11 | public and private direct service staff and supervisors | ||||||
12 | who interact with children and families.
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13 | Section 25. Report. The Task Force shall produce and | ||||||
14 | submit policy recommendations, both administrative and | ||||||
15 | legislative, to the General Assembly and the Governor within | ||||||
16 | one year after the first meeting of the Task Force. The | ||||||
17 | recommendations shall seek to: (i) prioritize preserving and | ||||||
18 | reunifying families involved in the child welfare system, | ||||||
19 | particularly Black families; (ii) reduce child welfare system | ||||||
20 | involvement, particularly for Black families; and (iii) | ||||||
21 | eliminate racial disproportionality in system involvement and | ||||||
22 | the disproportionate impact of system involvement on families. | ||||||
23 | The Task Force co-chairs shall convene a final meeting before | ||||||
24 | the repeal date of this Act to discuss an implementation plan | ||||||
25 | based on the produced policy recommendations.
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1 | Section 30. Repeal. The Task Force is dissolved, and this | ||||||
2 | Act is repealed on, January 1, 2024.
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3 | Section 99. Effective date. This Act takes effect upon | ||||||
4 | becoming law.".
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