Bill Text: IL HB5097 | 2023-2024 | 103rd General Assembly | Engrossed

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

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Bill Title: Amends the Children and Family Services Act. Provides that every case plan shall include a Haircare Plan for each youth in care that is developed in consultation with the youth based upon the youth's developmental abilities, as well as with the youth's parents or caregivers or appropriate child care facility staff if not contrary to the youth's wishes, and that outlines any training or resources required by the caregiver or appropriate child care facility staff to meet the haircare needs of the youth. Requires a youth's Haircare Plan to at a minimum address (1) necessary haircare steps to be taken to preserve the youth's desired connection to the youth's race, culture, gender, religion, and identity; (2) necessary steps to be taken specific to the youth's haircare needs during emergency and health situations; and (3) the desires of the youth as they pertain to the youth's haircare. Provides that a youth's Haircare Plan must be reviewed at the same time as the case plan review required under the Act as well as during monthly visits to ensure compliance with the Haircare Plan and identify any needed changes. Requires the Department of Children and Family Services to develop, by June 1, 2025, training and resources to make available for caregivers and appropriate child care facility staff to provide culturally competent haircare to youth in care. Requires the Department to adopt rules to implement the amendatory Act by June 1, 2025. Amends the Foster Parent Law. Expands the list of rights for foster parents to include the right to timely training necessary to meet the haircare needs of the children placed in their care. Expands the list of foster parent responsibilities to include the responsibility to provide haircare that preserves the child's desired connection to the child's race, culture, gender, religion, and identity. Amends the Foster Children's Bill of Rights Act. Expands the list of rights of every child placed in foster care to include haircare that preserves the child's desired connection to the child's race, culture, gender, religion, and identity and to have a corresponding haircare plan established in accordance with the Children and Family Services Act. Requires the Department to provide, in a timely and consistent manner, training for all caregivers and child welfare personnel on how to meet the haircare needs of children.

Spectrum: Moderate Partisan Bill (Democrat 27-7)

Status: (Passed) 2024-08-09 - Public Act . . . . . . . . . 103-0850 [HB5097 Detail]

Download: Illinois-2023-HB5097-Engrossed.html

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AN ACT concerning State government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Children and Family Services Act is amended
by adding Section 7.3b as follows:
(20 ILCS 505/7.3b new)
Sec. 7.3b. Case plan requirements for hair-related needs
of youth in care.
(a) Purposes. Hair plays an important role in fostering
youths' connection to their race, culture, and identity.
Haircare promotes positive messages of self-worth, comfort,
and affection. Because these messages typically are developed
through interactions with family and community members, it is
necessary to establish a framework to ensure that youth in
care are not deprived of these messages and that caregivers
are adequately prepared to provide culturally competent
haircare for youth.
(b) Definitions. As used in this Section:
(1) "Haircare" means all care related to the
maintenance of hair, including, but not limited to, the
daily maintenance routine, cutting, styling, or dying of
hair.
(2) "Race" means those traits associated with race,

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including, but not limited to, hair texture and protective
hairstyles such as braids, locks, and twists.
(3) "Culture" means the norms, traditions, and
experiences of a person's community that inform that
person's daily life and long-term goals.
(4) "Identity" means the memories, experiences,
relationships, and values that create one's sense of self.
This amalgamation creates a steady sense of who one is
over time, even as new facets are developed and
incorporated into one's identity.
(5) "Caregiver" means a person with whom the youth is
placed in out-of-home care or a designated official for
child care facilities licensed by the Department under the
Child Care Act of 1969.
(c) Haircare plan. Every youth in care must have a
Haircare Plan included in the youth's case plan unless the
youth explicitly indicates to the youth's caseworker that a
Haircare Plan is not needed due to the youth's ability to
maintain haircare without assistance. A caseworker or
placement plan specialist must develop the Haircare Plan in
consultation with the youth and the youth's parents. At a
minimum, the Haircare Plan must address:
(1) necessary haircare steps to be taken to preserve
the youth's desired connection to their race, culture,
gender, religion, and identity;
(2) the desires of the youth as it pertains to the

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youth's hair;
(3) the guidance and desires of the youth's parents,
unless the parents cannot be contacted; and
(4) steps to be taken specific to the youth's hair
during emergency situations, including, but not limited
to:
(A) lice infestations; and
(B) scalp rashes and infections.
(d) A youth's Haircare Plan must be reviewed at the same
time as the case plan review required under Section 6a.
(e) By June 1, 2025, the Department must develop training
for caregivers on how to provide culturally competent
haircare. Each time a youth is placed with a caregiver, the
caregiver must sign a declaration stating that the caregiver
has reviewed the training materials and will follow the
Haircare Plan for the youth. Each Department office location
must provide a list of affordable, accessible, and culturally
competent haircare providers and resources in each of the
Department's geographic regions.
(f) By June 1, 2025, the Department must adopt rules to
facilitate the implementation of Haircare Plans. The rules
must address at a minimum, the following:
(1) the responsibilities of caseworkers and placement
plan specialists in developing the Haircare Plan;
(2) a plan for engaging parents regarding the haircare
needs of the youth and procedures to follow if the parents

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