Bill Text: IL SB3720 | 2021-2022 | 102nd General Assembly | Introduced

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

---

Bill Title: 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.

Spectrum: Partisan Bill (Democrat 18-0)

Status: (Passed) 2022-06-10 - Public Act . . . . . . . . . 102-1087 [SB3720 Detail]

Download: Illinois-2021-SB3720-Introduced.html

---

102ND GENERAL ASSEMBLY State of Illinois 2021 and 2022 SB3720 Introduced 1/21/2022, by Sen. Karina Villa SYNOPSIS AS INTRODUCED:
New Act
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.
LRB102 23913 KTG 33111 b
A BILL FOR
SB3720 LRB102 23913 KTG 33111 b
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
Bias-Free Child Removal Pilot Program Act.
Section 5. Purpose. In Illinois, and across the nation,
some racial and ethnic minority groups are disproportionately
represented in the child welfare system. This
disproportionality could occur at 5 different decision points
during a family's child welfare involvement:
(1) investigated or screened in maltreatment reports;
(2) protective custodies;
(3) indicated maltreatment reports;
(4) post-investigation service provision; and
(5) timely exits from substitute care.
The purpose of this Act is to 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, thus
reducing disparity in the removal decision-making process with
the goal of decreasing the overrepresentation of BIPOC
children in out-of-home placements. This would be achieved by

SB3720 - 2 - LRB102 23913 KTG 33111 b
convening an independent group of professionals involved in
the child welfare system to review removal decisions, absent
specific demographic information, to determine whether the
removal of a child is necessary to avoid imminent risk to his
or her safety, health, and well-being.
Section 10. Definitions. As used in this Act:
"Bias-free" means to approach a case file with specific
identifying demographic information removed, such as gender,
race, ethnicity, geographic location, and income information,
to prevent a reader from inserting bias, implicit or explicit,
into critical decisions such as removing a child from his or
her family.
"BIPOC" means people who are members of the groups
described in subparagraphs (a) through (e) of paragraph (A) of
subsection (1) of Section 2 of the Business Enterprise for
Minorities, Women, and Persons with Disabilities Act.
"Child" means any person under 18 years of age. For the
purposes of admission to and residence in childcare
institutions, group homes, and maternity centers, "child" also
means any person under 21 years of age who is referred by a
parent or guardian, including an agency having legal
responsibility for the person in accordance with the Juvenile
Court Act of 1987. Termination of care for such persons under
21 years of age shall occur no later than 90 days following
completion of a public-school secondary education program or

SB3720 - 3 - LRB102 23913 KTG 33111 b
the person's eligibility for such a program.
"Committee" means the Bias-Free Child Removal Review
Committee.
"Department" means the Department of Children and Family
Services.
"Evaluation design" means identifying an overall strategy
for analyzing the effectiveness of a program to include
outlining a distinct approach to formulating key outputs and
outcomes, selecting an appropriate research method, and
evaluating the outcomes of a program.
"Program" or "pilot program" means the Bias-Free Child
Removal Pilot Program.
Section 15. Program. 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, all while
maintaining the safety of children and reducing risk, thus
reducing disparity in the removal decision-making process with
the goal of decreasing the overrepresentation of BIPOC
children in out-of-home placements. This purpose shall be
achieved by convening an interdisciplinary group of 9
professionals involved in the child welfare system to review
removal decisions, absent specific demographic information, to
determine whether the removal of a child is necessary to avoid

SB3720 - 4 - LRB102 23913 KTG 33111 b
imminent risk to his or her safety, health, and well-being.
The Department shall choose a county that, based on a
county-based analysis, indicates the highest rates of racial
disproportionality. The identified county shall utilize a
bias-free child removal strategy when deciding whether a child
should be removed from his or her parents' home, as specified.
The Department shall 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).
Section 20. Implementation.
(a) 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 Bias-Free Child Removal Pilot Program and the
pre-implementation plan for the pilot program.
(b) The Department shall establish other procedures and
protocols concerning:
(1) The make-up of the Bias-Free Child Removal Review
Committee such as which diverse group of professions
should be represented on the Committee, including required
degrees, credentials, and experience.
(2) The frequency of the bias-free child removal

SB3720 - 5 - LRB102 23913 KTG 33111 b
meetings. Once a child is removed for the custody of his or
her parents, the Bias-Free Child Removal Review Committee
shall convene within 48 business hours, prior to a shelter
care hearing, to determine if the removal is warranted.
(3) The decision-making protocols concerning removal:
(i) What constitutes a child protection
investigation meeting or not meeting the criteria to
be presented to the Bias-Free Child Removal Review
Committee?
(ii) Who decides to bring the investigation to the
Bias-Free Child Removal Review Committee?
(iii) How and when the committee is to convene
during holidays, weekends, and after normal business
hours?
(c) To ensure unbiased decision-making in the removal
process, while maintaining the safety of the child and
reducing risk of harm, reduce disparity in the removal
decision making process, and decrease the overrepresentation
of BIPOC children in foster care, the pilot program shall
include, but not be limited to:
(1) The convening of the Bias-Free Child Removal
Review Committee which shall determine if there was an
immediate or urgent necessity to remove the child from the
care of his or her parent or guardian.
(2) Prior to the meeting, the Child Protection
Specialist must remove all demographic and identifiable

SB3720 - 6 - LRB102 23913 KTG 33111 b
information in the case notes, intake summary, and
investigation. Information to be redacted consists of:
(A) The name of the child and the child's parents.
(B) The race or ethnicity of the child and the
child's parents, except when the allegations require
thoughtful considerations pertaining to a family's
culture, ethnicity, or religion.
(C) The sexual orientation of the child and the
child's parents.
(D) The religious affiliation or beliefs of the
child and the child's parents, except when the
allegations require thoughtful considerations
pertaining to a family's culture, ethnicity, or
religion.
(E) The political affiliation or beliefs of the
child and the child's parents.
(F) The marital status of the child's parents.
(G) The income of the child's parents.
(H) The education level of the child's parents.
(I) Any reference to the address, neighborhood, or
county of the child and the child's parents.
Redacting the demographic and identifiable information
from the intake summary, case notes, and investigation
reduces the potential for biased decision-making among
Committee members. The focus shall instead be on the
evidence of safety factors, risk elements, and family

SB3720 - 7 - LRB102 23913 KTG 33111 b
strengths. If removal is identified as unwarranted, the
Committee shall make appropriate recommendations to ensure
the safety and well-being of the child, including, but not
limited to, voluntary or court-ordered intact family
services.
There only needs to be the majority of the Committee
members to agree or disagree with the removal. The
Department shall develop a tool or rubric for the
Committee to fully document the decision-making process
and what led to the final decision. The Committee shall
submit to the child protection team (child protection
worker, child protection supervisor, and area
administrator) the final decision in writing. The court
has the authority to overrule removing or not removing the
child from the home.
(d) The Department shall submit to the General Assembly an
evaluation report on the pilot program and its impact and
effectiveness, including, but not limited to, assessing the
program's effect on the rate of BIPOC children who were
removed. The evaluation report must be submitted on a yearly
basis, with the first report due July 1, 2024. After the third
year, the Department shall determine the need to expand the
pilot program statewide, if data shows an impact on
disproportionality, and provide a justification for or against
statewide expansion.
Section 99. Effective date. This Act takes effect upon

SB3720 - 8 - LRB102 23913 KTG 33111 b
becoming law.