Bill Text: IL HB3821 | 2021-2022 | 102nd General Assembly | Enrolled

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Reinserts the provisions of the introduced bill with the following changes. Provides that the Task Force shall include one member (rather than 2 members) from an organization with expertise in the child welfare system that advocates to preserve and reunify families, appointed by the Governor's Office; 2 members who provide legal representation on behalf of the State of Illinois in child protection cases, one from the Cook County State's Attorney's Office, appointed by the Governor's Office, and one from a State's Attorney's office outside of Cook County, appointed by the Governor's Office; and one member from a statewide organization advocating for the advancement of civil liberties for at least 80 years in Illinois, appointed by the Governor's Office. Provides that the Department of Children and Family Services shall facilitate the prompt and timely collection and provision of data as requested by or on behalf of the Task Force. Requires the Task Force to explore policies and protocols that honor language, culture, and heritage in identity formation and familial relationships, including, but not limited to, race-blind child protection screenings and child removal reviews, as implemented in other jurisdictions around the United States, and to make recommendations for implementation in Illinois. Effective immediately.

Spectrum: Partisan Bill (Democrat 26-1)

Status: (Passed) 2021-08-20 - Public Act . . . . . . . . . 102-0506 [HB3821 Detail]

Download: Illinois-2021-HB3821-Enrolled.html

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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 Racial
Disproportionality in Child Welfare Task Force Act.
Section 3. Purposes. The purposes of this Act are to
understand the underlying factors of child welfare system
involvement for families; examine the racial disparities of
children and families involved in the child welfare system at
every key procedural phase of system involvement and the
causes of such disparities; and explore resources, policies,
and practices that could prevent system entry for families and
reduce racial disproportionality at each key procedural phase
of system involvement.
Section 5. Findings. The General Assembly finds the
following:
(1) Historically, Black children and Black parents and
caregivers, women in particular, are disproportionately
represented in the child welfare system.
(2) According to the Fiscal Year 2018 Disproportionality
and Disparity Report prepared by the Children and Family
Research Center of the University of Illinois, School of

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Social Work, racial disparities exist at each key decision
point in the Illinois child welfare system with Black children
being overrepresented at each point.
(3) Multiple studies show that removals which separate
children from parents, even "short removals" lasting 48 hours,
trigger responses in the children that include anxiety,
isolation, aggression, substance abuse, and post-traumatic
stress disorder and release higher levels of cortisol and
damages brain cells. These impacts are experienced in
"reciprocal and synergistic" ways by parents during
separation.
(4) According to Child Trends' fiscal year 2019
"State-level Data for Understanding Child Welfare in the
United States", the average length of stay in foster care in
Illinois was 28.6 months compared to the national average of
19.8 months, and 12% of children in Illinois foster care were
there 5 or more years compared to 5% of children nationally in
foster care for that long.
(5) As of December 31, 2020, the population of Illinois'
youth in care was approximately 44% Black according to data
from the Department of Children and Family Services, while
recent data from the Annie E. Casey Foundation's KIDS COUNT
Data Center estimate the 2019 child population of Illinois to
have been approximately 15% Black.
(6) Black children and youth are represented in the child
welfare system in Illinois at approximately 3 times the

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percentage of the statewide child population that is Black.
Nationally, Black children and youth are represented in foster
care at approximately 2 times the percentage of the national
child population that is Black according to the National
Conference of State Legislatures.
(7) Between fiscal years 2018 and 2020, the number of
Illinois children removed from their homes annually increased
by 30%, according to data from the Department of Children and
Family Services. The increase in 2019 was 17%, the
second-highest increase in the country.
(8) More than 90% of foster youth with 5 or more moves
become involved in the juvenile justice system. In 2019,
children in the custody of the Department of Children and
Family Services averaged 3.8 moves/1,000 days; for Black
children, the average was 4.4 moves/1,000 days.
(9) In Chapin Hall's Midwest Study of the Illinois,
Wisconsin, and Iowa child welfare systems, almost 70% of youth
involved in the study had been arrested by their mid-20s.
(10) In 2018, 79% of calls made to the Illinois Child Abuse
Hotline were made by mandated reporters. Of these calls, 25.8%
came from education personnel, 24.2% from law enforcement
personnel, 13.5% from medical personnel, and 10.7% from social
service personnel.
(11) According to Child Trends' state-level data for
federal fiscal year 2018 for Illinois, 65% of child abuse and
neglect cases were due to allegations of neglect, 12% due to

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allegations of physical abuse, and 13% due to allegations of
sexual abuse.
(12) According to Child Trends' state-level data for
federal fiscal year 2019 for Illinois, 89% of entries into
foster care were due to neglect, 12% due to parental substance
abuse, 11% due to physical abuse, and 2% due to sexual abuse.
(13) In 2018, 20,815 reports to the Illinois Child Abuse
Hotline involved an allegation of abuse and 35,310 involved a
neglect allegation. Of these reports, only 10,189 were
investigated, and of these investigations, only 1,544 resulted
in an indicated finding. Of the investigations resulting in an
indicated finding, only 225 were screened into court.
(14) According to the Fiscal Year 2020 Monitoring Report
of the B.H. Consent Decree prepared by the Children and Family
Research Center of the University of Illinois, School of
Social Work, Black children in 2019 were less likely than
white and Latinx children to be placed in kinship foster
homes. Black children were more likely to be placed in
traditional foster homes than white and Latinx children. Black
children were also more likely to be placed in institutions or
group homes than white and Latinx children.
Section 10. Composition. The Racial Disproportionality in
Child Welfare Task Force is created within the Department of
Children and Family Services consisting of members appointed
as follows:

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(1) Two members from the Senate, one appointed by the
President of the Senate and one appointed by the Senate
Minority Leader.
(2) Two members from the House of Representatives, one
appointed by the Speaker of the House of Representatives and
one appointed by the House Minority Leader.
(3) Two General Assembly members from the Illinois
Legislative Black Caucus, appointed by the Joint Caucus Chair
of the Illinois Legislative Black Caucus.
(4) Two General Assembly members from the Illinois Latino
Caucus, appointed by the Chair of the Illinois Latino Caucus.
(5) One member from the Office of the Governor appointed
by the Governor.
(6) The Director of Children and Family Services, or his
or her designee.
(7) The Secretary of Human Services, or his or her
designee.
(8) The Director of Healthcare and Family Services, or his
or her designee.
(9) One member from an organization with expertise in
housing and the Continuum of Care Program that works with
impacted populations or convenes advocates to prevent and end
homelessness, appointed by the Governor's Office.
(10) The Inspector General of the Department of Children
and Family Services, or his or her designee.
(11) One member from an organization with expertise in the

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child welfare system that advocates to preserve and reunify
families, appointed by the Governor's Office.
(12) One member who is an academic researcher who has
studied the racialized history and impact of the child welfare
system on children, families, and communities, appointed by
the Governor's Office.
(13) One member from the Administrative Office of the
Illinois Courts, Children and Families Unit, Court Services
Division, appointed by the Director of the Administrative
Office of the Illinois Courts.
(14) Three members who are parents directly impacted by
the child welfare system, at least 2 of whom come from a
disproportionately represented racial group, appointed by the
Governor's Office.
(15) The Cook County Public Guardian, or his or her
designee.
(16) One member who provides legal representation to
children in child protection cases from outside of Cook
County, appointed by the Governor's Office.
(17) Two members who provide legal representation to
parents in child protection cases, one from the Law Office of
the Cook County Public Defender, appointed by the Governor's
Office, and one from outside of Cook County, appointed by the
Governor's Office.
(18) Two members who provide legal representation on
behalf of the State of Illinois in child protection cases, one

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from the Cook County State's Attorney's Office, appointed by
the Governor's Office, and one from a State's Attorney's
office outside of Cook County, appointed by the Governor's
Office.
(19) One member who provides legal services to parents
impacted by gender-based violence during the investigation
phase of child abuse or neglect cases, including services
related to safety plans, intact services, and administrative
appeals, appointed by the Governor's Office.
(20) Three members who have experience as youth in the
child welfare system, at least 2 of whom come from a
disproportionately represented racial group, appointed by the
Governor's Office.
(21) One member from a statewide organization advocating
for the advancement of civil liberties for at least 80 years in
Illinois, appointed by the Governor's Office.
(22) One member from an organization that advocates on
behalf of children, youth, and families and the
community-based providers that serve them, appointed by the
Governor's Office.
Section 15. Meetings; co-chairs; administrative support.
All members appointed under Section 10 shall serve without
compensation. Task Force members shall be appointed within 60
days after the effective date of this Act. The Task Force shall
hold its initial meetings within 90 days after the effective

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date of this Act. The Task Force shall meet at least 4 times.
The following individuals shall serve as co-chairs of the Task
Force: (i) the member from the organization with expertise in
the child welfare system that advocates to preserve and
reunify families; and (ii) the member from the organization
that advocates on behalf of children, youth, and families and
the community-based providers that serve them. The Department
of Children and Family Services shall provide any necessary
administrative and other support to the Task Force. Any data
provided by the Department of Children and Family Services to
the Task Force shall not contain any personally identifiable
information of any clients or families in accordance with the
provisions of the Abused and Neglected Child Reporting Act.
The Department of Children and Family Services shall
facilitate the prompt and timely collection and provision of
data as requested by or on behalf of the Task Force. Such
facilitation shall include, without limitation, authorizing
the provision of reports and underlying Department data that
the Department currently or previously has provided or made
available to the Children and Family Research Center of the
University of Illinois at Urbana-Champaign, Chapin Hall,
Northwestern University, and any other of the Department's
university partners and consultants.
Section 20. Duties. The Task Force shall:
(1) Examine the historical and current role of

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mandatory reporting and its impact on the racial and
gender disparities of families involved with the
Department of Children and Family Services.
(2) Examine the underlying factors that bring families
into contact with the Department of Children and Family
Services and the factors that lead to child removal,
including, but not limited to, suspected or known
substance use or dependency, intergenerational child
welfare system involvement, and lack of access to shelter,
food, clothing, income or employment, and healthcare, and
how these impact the length of time families remain
involved in the child welfare system.
(3) Review the Department of Children and Family
Services' progress on the planning and implementation of
the Family First Prevention Services Act and determine
what impact, if any, the plan may have on the current
racial disparities of children and families in the child
welfare system.
(4) Examine the current processes and policies, data,
and data collection methods for families involved
simultaneously in the child welfare, juvenile justice, or
criminal justice systems, including, but not limited to,
youth who are dually involved in the juvenile justice and
child welfare systems.
(5) Explore policies and protocols that honor
language, culture, and heritage in identity formation and

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familial relationships, including, but not limited to,
race-blind child protection screenings and child removal
reviews, as implemented in other jurisdictions around the
United States, and make recommendations for implementation
in Illinois.
(6) Explore the development of a curriculum for a
child welfare specific implicit bias training for all
public and private direct service staff and supervisors
who interact with children and families.
Section 25. Report. The Task Force shall produce and
submit policy recommendations, both administrative and
legislative, to the General Assembly and the Governor within
one year after the first meeting of the Task Force. The
recommendations shall seek to: (i) prioritize preserving and
reunifying families involved in the child welfare system,
particularly Black families; (ii) reduce child welfare system
involvement, particularly for Black families; and (iii)
eliminate racial disproportionality in system involvement and
the disproportionate impact of system involvement on families.
The Task Force co-chairs shall convene a final meeting before
the repeal date of this Act to discuss an implementation plan
based on the produced policy recommendations.
Section 30. Repeal. The Task Force is dissolved, and this
Act is repealed on, January 1, 2024.

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Section 99. Effective date. This Act takes effect upon
becoming law.