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(Section scheduled to be repealed on January 1, 2027)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(Section scheduled to be repealed on January 1, 2027)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:
(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(Section scheduled to be repealed on January 1, 2027)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:
(b) The purpose of this Act is to:
(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(Section scheduled to be repealed on January 1, 2027)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:
(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:
(e) The steering committee shall ensure that the pilot program includes:
(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.
(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:
(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:
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.)