SB 3720

Abstract

Creates the Bias-Free Child Removal Pilot Program Act. Provides that subject to appropriation, the Department of Children and Family Services shall establish a 3-year Bias-Free Child Removal Pilot Program no later than July 1, 2023 for the purpose of promoting unbiased decision-making in the child removal process with the goal of decreasing the overrepresentation of BIPOC children in out-of-home placements. Requires the Department to choose a county that, based on a county-based analysis, indicates the highest rates of racial disproportionality. Requires the identified county to utilize a bias-free child removal strategy when deciding whether a child should be removed from his or her parents' home. Requires the Department to identify a public university to develop an evaluation design which identifies a control group (a county that does not utilize a bias-free child removal strategy) and compare those results with the intervention group (a county that utilizes a bias-child removal strategy). Provides that no later than January 1, 2023, the Department shall establish a Bias-Free Child Removal Review Committee consisting of an interdisciplinary, diverse group of 9 child welfare professionals and advocates for the purpose of creating the pilot program and the pre-implementation plan for the pilot program. Requires the Department to establish other procedures and protocols concerning (i) which diverse group of professions should be represented on the Committee, including required degrees, credentials, and experience, (ii) the frequency of bias-free child removal meetings, and (iii) decision-making protocols concerning removal. Contains provisions concerning certain demographic information that must be redacted from a child's case notes report prior to a determination on removal; the Department's evaluation reports to the General Assembly; and other matters. Effective immediately. Senate Committee Amendment No. 1 Replaces everything after the enacting clause. Creates the Bias-Free Child Removal Pilot Program Act. Provides that the purpose of the 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; (2) establish a pre-implementation steering committee to: (i) develop and implement the Bias-Free Removal Pilot Program by January 1, 2024; (ii) recruit members for the Bias-Free Case Review Team; and (iii) recruit 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; and (ii) determine whether removal of the child is necessary to avoid imminent risk to his or her safety, health, and well-being; and (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 the Act. Contains provisions on the 3-year Bias-Free Child Removal Pilot Program and its implementation in field offices located in Cook County, Champaign County, and St. Clair County; Department reports to the General Assembly that detail the pilot program's implementation and that provide an analysis of the pilot program's effect and impact on the removal rates of BIPOC children; establishment of a steering committee by January 1, 2023; the steering committee's composition and duties, including the development of a written plan and requirements for the pilot program; the composition and duties of the Bias-Free Case Review Team; the requirement that certain demographic and identifiable information concerning children and parents be redacted from intake summaries, case notes, and investigations; the Department's development of a tool or rubric for the Review Team to fully document the decision-making process and what led to the final decision; the composition and duties of a Bias-Free Child Removal Advisory Board; the criteria that must be met to justify statewide expansion of the pilot program; and other matters. Provides that the Department shall adopt rules, policies, and procedures necessary to implement the Act with the assistance of the steering committee. Provides that the Act is repealed on January 1, 2027. Effective immediately. Senate Committee Amendment No. 2 Replaces everything after the enacting clause. Creates the Bias-Free Child Removal Pilot Program Act. Provides that the purpose of the 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; (2) establish a steering committee to: (i) develop and implement the Bias-Free Removal Pilot Program by January 1, 2024; (ii) appoint members for the Bias-Free Case Review Team; and (iii) 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; and (ii) determine whether removal of the child is necessary to avoid imminent risk to the child's safety, health, and well-being; and (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 the Act. Contains provisions on the 3-year Bias-Free Child Removal Pilot Program and its implementation in field offices located in DuPage County, Champaign County, and Williamson County; Department reports to the General Assembly that detail the pilot program's implementation and that provide an analysis of the pilot program's effect and impact on the removal rates of BIPOC children; establishment of a steering committee by January 1, 2023; the steering committee's composition and duties, including the development of a written plan and requirements for the pilot program; the composition and duties of the Bias-Free Case Review Team; the requirement that certain demographic and identifiable information concerning children and parents be redacted from intake summaries, case notes, and investigations; the Department's development of a tool or rubric for the Review Team to fully document the decision-making process and what led to the final decision; the composition and duties of a Bias-Free Child Removal Advisory Board; the criteria that must be met to justify statewide expansion of the pilot program; and other matters. Provides that the Department shall adopt rules, policies, and procedures necessary to implement the Act with the assistance of the steering committee. Provides that the Act is repealed on January 1, 2027. Effective immediately. Senate Floor Amendment No. 4 Replaces everything after the enacting clause. Reinserts the provisions of Senate Amendment No. 2 with the following changes: Provides that the steering committee shall include 5 staff members from the Department of Children and Family Services (rather than 3 staff members from the Department) which shall include a child protection investigator and a child protection supervisor. Requires the steering committee to include in the development of the Bias-Free Child Removal Pilot Program (i) a decision regarding a timeline for convening the Bias-Free Case Review Team and (ii) how and when the child protection investigator or child protection supervisor shall present an investigation to the Bias-Free Case Review Team. Provides that 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. Provides that 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. In a provision requiring the Review Team to make a final decision on whether a child's removal should be upheld, removes language requiring the Review Team to make that final decision as soon as possible but no later than 48 hours prior to a shelter care hearing. Effective immediately.