Bill Text: IL HB3267 | 2021-2022 | 102nd General Assembly | Chaptered


Bill Title: Creates the Advisory Commission on Reducing the Disproportionate Representation of African-American Children in Foster Care Act. Creates the Advisory Commission on Reducing the Disproportionate Representation of African-American Children in Foster Care. Provides that the 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. Requires the Commission to advise the Governor and the General Assembly, as well as work directly with State agencies, to identify factors contributing to the overrepresentation of African-American children in foster care; to 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; and to 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. Sets forth specific duties including: examining and developing strategies and policies to address reported racial disproportionality during key stages of the child welfare decision-making process; assisting in the development of cultural competency training programs for child welfare workers; and identifying best practices to safely increase the number of family or relative placements for African-American children. Contains provisions on Commission membership; meetings; and reporting requirements. Effective immediately.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Passed) 2021-08-20 - Public Act . . . . . . . . . 102-0470 [HB3267 Detail]

Download: Illinois-2021-HB3267-Chaptered.html



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.
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