2023 Illinois Compiled Statutes › Chapter 325 - CHILDREN › 325 ILCS 7/ - Bias-Free Child Removal Pilot Program Act.

(325 ILCS 7/1)
(Section scheduled to be repealed on January 1, 2027)
Sec. 1. Short title. This Act may be cited as the Bias-Free Child Removal Pilot Program Act.
(Source: P.A. 102-1087, eff. 6-10-22.)
(325 ILCS 7/5)
(Section scheduled to be repealed on January 1, 2027)
Sec. 5. Findings. The  General  Assembly  finds  that the   University of Illinois' Children and Family Research Center determined in its October 2021 report, "Racial Disproportionality in the Illinois Child Welfare System", that:
(1) In 2020, compared to their percentage in the     general child population, black children were overrepresented in  foster care having made up 16.4% of  the  general  child  population,  but  accounting  for 38.5% of  protective custodies.
(2)  In comparison, white children were     proportionally represented in  foster care having made up 52.8% of the general child population, but accounting for 48.8% of protective custodies. Hispanic children were under-represented having made up 24.9% of the general child population, but accounting for 11.5% of protective custodies.
(Source: P.A. 102-1087, eff. 6-10-22.)
(325 ILCS 7/10)
(Section scheduled to be repealed on January 1, 2027)
Sec. 10. Purpose.
(a) 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 child abuse/neglect (CAN) reports;
(2) protective custodies;
(3) indicated CAN reports;
(4) post-investigation service provision; and
(5) timely exits from substitute care.
(b) The purpose of this  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. This goal would be achieved by convening a group of senior-level internal staff members from the Department of Children and Family Services  who are from an  area  other than the pilot area to (i) review removal decisions, absent specific demographic information and (ii) determine whether removal of a child is necessary to avoid imminent risk to the child's safety, health, and well-being.
(2) Establish a steering committee to:
(A) develop and implement the Bias-Free Removal         Pilot Program;
(B) appoint members for the Bias-Free Case Review         Team; and
(C) 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 as provided in paragraph (3) of subsection (e) of Section 25; and (ii) determine whether removal of the child is necessary to avoid imminent risk to the child's safety, health, and well-being.
(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 this Act.
(Source: P.A. 102-1087, eff. 6-10-22.)
(325 ILCS 7/15)
(Section scheduled to be repealed on January 1, 2027)
Sec. 15. Definitions.  As used  in this Act:
"Bias-free" means to review a case file without the following identifying demographic information on the parent and child: gender, race, ethnicity, geographic location, and socioeconomic status, which prevents a reader from inserting bias, implicit or explicit, into critical decisions such as removing a child from the child's 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.
"Child welfare court personnel" means lawyers, judges, public defenders, and
 guardians ad litem.
"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.
"Immediate and urgent necessity", in accordance with Section 5 of the Abused and Neglected Child reporting Act, means (i) that there is a reason to believe that the child cannot be cared for at home or in the custody of the person responsible for the child's welfare without endangering the child's health or safety and (ii) that there is no time to

apply for a court order under the Juvenile Court Act of 1987 for temporary custody of the child.
"Lived  experience"  means  a  representation  of  the  experiences  of  a   person
 involved in the child welfare system, the knowledge and understanding that the person gains
 from these experiences, and the ability to understand the policies or guidelines of the Department.
"Program" or "pilot program" means the Bias-Free Child Removal Pilot Program.
"Review Team" means the Bias-Free Case Review
 Team.
(Source: P.A. 102-1087, eff. 6-10-22.)
(325 ILCS 7/20)
(Section scheduled to be repealed on January 1, 2027)
Sec. 20. Program.  The Department of Children and Family Services shall establish a 3-year Bias-Free Child Removal Pilot Program no later than January 1, 2024, for the purpose of promoting unbiased decision making in the child removal process. The pilot program shall be implemented in a field office located in DuPage County, a field office located in Champaign County, and a field office located in Williamson County. The purpose of promoting unbiased decision making in the child removal process shall be achieved by the identified county using a bias-free child removal strategy when deciding whether a child should be removed from the custody of the child's parent or guardian, as specified.
By  January  1,  2024, the steering committee established by the Department as provided in Section 25 shall develop the pilot program for the purpose of addressing racial disproportionality in the child welfare system. The pilot program shall be implemented for a period  of  no  less  than  3  years  in  at least one office located in DuPage County, one office located in Champaign  County,  and  one office located in Williamson County.
The Department shall on January 1, 2025, January 1, 2026, and January 1, 2027 submit  to  the  General Assembly  an  evaluation  report  that details the pilot program's implementation and that provides an analysis of the pilot program's effect and impact on the removal  rates  of  BIPOC  children.  The  January 1, 2027 report shall be the final evaluation report submitted to the General Assembly by the Department.
(Source: P.A. 102-1087, eff. 6-10-22.)
(325 ILCS 7/25)
(Section scheduled to be repealed on January 1, 2027)
Sec. 25. Implementation.
(a) By  January 1, 2023, the Department shall establish a steering committee consisting of an interdisciplinary, diverse group of 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. The steering committee shall be diverse in regard to the geographic location, race/ethnicity, gender,   and profession   and   lived experience of committee members. As used in this Section, "lived  experience" includes
 knowledge and understanding of Department processes and policies. The steering committee
 shall develop and oversee the implementation of the Bias-Free Case Review Team and
 bias-free   removal   process.   Once   established,   the  steering  committee  shall initiate
 implementation of the pilot program ensuring: (i) organizational readiness; (ii) adequate
 data collection and analysis; (iii) professional development and training for the staff; and
 (iv) adherence to existing rules and State laws concerning child safety.
The steering committee shall include, but not be limited to, the following members:
(1) A parent with lived experience in the child     welfare system.
(2) A former youth in care with lived experience in     the child welfare system.
(3) A member of an organization or office that     represents children in abuse and neglect proceedings.
(4) A community-based organization that advocates for     parents' rights within  the child welfare system.
(5) A public or private university responsible for     evaluating the pilot program.
(6) Five staff members from the Department, which     shall include a child protection investigator, a child protection supervisor, the Deputy Director of the Department's Division of Child Protection, the Deputy Director of the Department's Division of Race Equity Practice, and the Deputy Director of the Department's Division of Intact Services.
(7) A licensed attorney who has practiced within the     Illinois child welfare court  system in a county represented in the pilot program such as, but not limited to, a public defender,  an assistant state's attorney, a guardian ad litem, or a judge.
(8) A member of a statewide organization that     advocates on behalf of community-based services for children and families.
(b) By January 1, 2024, the steering committee shall establish the pilot program for the purpose of addressing racial disproportionality in the child welfare system. The pilot program shall be implemented for a period of no less than 3 years in at least one office located in DuPage County, one office located in Champaign County, and one office located in Williamson County.
(c) The steering committee shall develop a written plan for the pilot program, in accordance with the goals of this Act, that shall be adopted by a unanimous vote.
(d) The steering committee must include in the development of the pilot program  the following:
(1) Three permanent Bias-Free Case Review Team     members for each county with a pilot program.  The Review Team  shall  be  diverse  in regard to the members' geographic location, race and ethnicity, and gender.  All  Review Team members  shall possess the knowledge, experience, understanding,  and  training  equivalent  to  that  of  a  child  welfare  caseworker  or  investigator,  or higher. The Review Team shall be made up of the following:
(A) one child protection supervisor;
(B) one area administrator; and
(C) one regional administrator.
(2) At least 4 alternate Review Team members who meet     the same criteria set forth in paragraph (1) to fill in if or when a permanent Review Team member is unable to participate or attend meetings.
(3) A decision regarding a timeline for convening the     Bias-Free Case Review Team.
(4) Establishment of decision-making protocols for     the following questions:
(i) What constitutes a child protection         investigation meeting or not meeting the criteria to be presented to the Review  Team?
(ii) Who decides to bring the investigation to         the Review  Team?
(iii) How and when the Review  Team is to convene         during holidays, weekends, and after normal business hours?
(e) The steering committee shall ensure that the pilot program includes:
(1) A timeline for when the Bias-Free Case Review     Team shall convene.
(2) How and when the child protection investigator or     child protection supervisor shall present the investigation to the Bias-Free Case Review Team.
(3) A requirement that, prior to the Review  Team     convening,  the following demographic and identifiable information must be removed from the case notes, intake summary, and investigation:
(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 or gender identity of         the child and the child's parents, except when the allegations require thoughtful considerations pertaining to the LGBTQ status or gender identity of the child.
(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 disability status of a parent, except         when the allegations require thoughtful  considerations pertaining to a family's disability status.
(F) The political affiliation or beliefs of the         child and the child's parents.
(G) The marital status of the child's parents.
(H) The income level of the child's parents.
(I) The education level of the child's parents.
(J) Any reference to the location of the         neighborhood or county of the parent's address.
Redacting the demographic and identifiable     information from the intake summary, case notes, and investigation reduces the potential for biased decision making among Review  Team members. In adherence with the standards under the Abused and Neglected Child Reporting Act and Department rules, the focus shall instead be on the evidence of safety factors, risk elements, and family strengths. If removal is identified as unwarranted, the Review  Team 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.
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.
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.
Agreement by a majority of the Review Team members,     as shall be outlined in protocol, is needed to render a final decision.
(f) The Department shall develop a tool or rubric for the Review
 Team to fully document the decision-making process and what led to the final decision.
(1) The Review  Team shall make a decision on whether     the child's removal from the child's home should be upheld or the child should be returned home to the child's parent.
(2) The Review  Team shall submit to the child     protection team (child protection worker, child protection supervisor, and area administrator) the final decision in writing.
(g) The steering committee shall have the authority to include additional parameters in developing the pilot program, as necessary, to remain consistent with and fulfill the purpose and goal of the pilot program.
(h) Cases that shall not be included in the pilot program:
(1) Where protective custody is taken by law     enforcement or a medical professional.
(2) Cases that involve a forensic interview by a     child protective investigator or law  enforcement.
(3) Cases that include photographs of injuries.
(4) Any case where the child welfare court has made a     determination on the issue of custody.
(i) There is established a Bias-Free Child Removal Advisory Board with the knowledge and understanding of the
Department's policies, rules, and procedures that shall include up to 2 of the following members, per pilot area:
(1) community-based partners from the fields of     domestic violence, substance abuse, mental health, or housing;
(2) public or private university partners;
(3) a member of an organization that advocates on     behalf of parents and families;
(4) a member of an organization that legally     represents children who are involved in the foster care system, in the court process;
(5) a member of a statewide organization that     advocates on behalf of community-based services for children and families;
(6) a parent with lived experience in the child     welfare system;
(7)  a former youth in care with lived experience in     the child welfare system; and
(8) a member of an organization or office that     represents children in legal abuse and neglect proceedings.
The Advisory Board shall be present with the Bias-Free Review Team for all case reviews  for  the  purpose  of  ensuring  that  the Review Team executes  bias-free  removals in accordance  with  this Act. The Advisory Board shall not be responsible for any decision making.
(j) The Department shall adopt the written protocols developed by the steering committee.
(k) Criteria for determining success. The pilot  program shall be considered successful and expanded statewide  if  it is implemented  with  fidelity  and  the evaluation
 reveals that disproportionality of BIPOC children is reduced by the end of the pilot program. The
 pilot program shall not be expanded statewide if the evaluation
 reveals that the bias-free removal process did not reduce disproportionality.
(l)
The Department shall adopt rules, policies, and procedures necessary to implement this Act with the assistance of the steering committee. The Department shall present findings of the evaluation to the General Assembly on a yearly basis, with the first report due on January 1, 2025. After year 3 of the pilot program, the Department shall determine the need to expand the pilot program statewide, if data shows an impact on disproportionality, and shall provide a justification for or against statewide expansion. The pilot program does not create a private cause of action in case there is a problem with the application of the bias-free removal process.
(Source: P.A. 102-1087, eff. 6-10-22.)
(325 ILCS 7/30)
(Section scheduled to be repealed on January 1, 2027)
Sec. 30. Repealer. This Act is repealed on January 1, 2027.
(Source: P.A. 102-1087, eff. 6-10-22.)
(325 ILCS 7/99)
(Section scheduled to be repealed on January 1, 2027)
Sec. 99. Effective date. This Act takes effect upon becoming law.
(Source: P.A. 102-1087, eff. 6-10-22.)