Public Act 102-0470
 
HB3267 EnrolledLRB102 15033 KTG 20388 b


  
    AN ACT concerning State government.
  
 
    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 
Advisory Commission on Reducing the Disproportionate 
Representation of African-American Children in Foster Care 
Act.
 
    Section 5. Findings. The General Assembly finds the 
following:
        (1) In 1994 the African-American Family Commission was 
    created by Executive Order to assist the Department of 
    Children and Family Services in developing and 
    implementing programs and public policies that affect the 
    State's child welfare system.
        (2) However, in 2004 the Commission was renamed and 
    its role expanded to focus on the development of services 
    and programs that aim to strengthen and preserve the 
    social and economic well-being of African-American 
    families.
        (3) This holistic approach to strengthening 
    African-American families and communities, though 
    necessary, has yet to adequately address the 
    disproportionate number of African-American children in 
    foster care. 
        (4) According to a 2017 fact sheet published by Child 
    Trends, in 2015 African-American children represented 50% 
    of Illinois' foster care population even though they only 
    make up 15% of the State's general child population. 
        (5) In contrast, white children represented 38% of the 
    foster care population in 2015 even though they make up 
    52% of the State's general child population. 
        (6) Hispanic children are underrepresented in 
    Illinois' foster care system as they only accounted for 9% 
    of the foster care population in 2015 despite making up 
    24% of the general child population. 
        (7) Unfortunately, the disproportionate number of 
    African-American children in foster care is a national 
    dilemma. 
        (8) According to an April 13, 2020 report published by 
    the Annie E. Casey Foundation's KIDS COUNT Data Center, 
    even though "the share of children who are black and in 
    foster care remains much smaller than it was nearly a 
    decade ago . . . black children are still overrepresented 
    among youth in foster care relative to the general 
    population" as they account for 23% of all kids in foster 
    care even though they only represent 14% of the total 
    child population in the United States. 
        (9) In light of these grim statistics, the General 
    Assembly finds the need for a separate advisory commission 
    that is exclusively focused on identifying those causes 
    and factors that contribute to  the overrepresentation of 
    African-American children in Illinois' foster care system 
    and the policy measures needed to safely reduce the number 
    of African-American children in foster care and keep them 
    with their families.
 
    Section 10. Advisory Commission on Reducing the 
Disproportionate Representation of African-American Children 
in Foster Care. 
    (a) The Advisory Commission on Reducing the 
Disproportionate Representation of African-American Children 
in Foster Care is created and shall have the following 
appointed members:
        (1) One member appointed by the Governor or his of her 
    designee.
        (2) One member appointed by the Speaker of the House 
    of Representatives or his or her designee.
        (3) One member appointed by the Minority Leader of the 
    House of Representatives or his or her designee.
        (4) One member appointed by the President of the 
    Senate or his or her designee.
        (5) One member appointed by the Minority Leader of the 
    Senate or his or her designee.
        (6) The Department on Aging, the Department of 
    Children and Family Services, the Department of Human 
    Services, the Department of Juvenile Justice, the 
    Department of Commerce and Economic Opportunity, the 
    Department of Healthcare and Family Services, the 
    Department of Public Health, the State Board of Education, 
    the Board of Higher Education, the Illinois Community 
    College Board, the Department of Human Rights, the Capital 
    Development Board, the Department of Corrections, and the 
    Department of Labor  shall each appoint a liaison to serve 
    ex officio on the Commission.
        (7) One member from the Task Force on Strengthening 
    Child Welfare Workforce for Children and Families.
        (8) One member from the Child Endangerment Risk 
    Assessment Protocol Advisory Committee.
        (9) Two members representing nonprofit organizations 
    that advocate for African-American children or youth to be 
    appointed by the Governor or his or her designee.
    (b) The Governor or his or her designee shall appoint the 
chairperson or chairpersons.
    (c) Each member appointed to the Commission shall have a 
working knowledge of Illinois' child welfare system. The 
members shall reflect regional representation to ensure that 
the needs of African-American families and children throughout 
the State of Illinois are met.
    (d)  Members shall be appointed within 60 days after
the 
effective date of this Act. The Advisory Commission shall hold 
its
initial meetings within 60 days after at least 50% of the

members have been appointed. 
    (e)  Vacancies on the Advisory Commission shall be filled 
in the same manner as initial appointments. Appointments to 
fill vacancies occurring before the expiration of a term shall 
be for the remainder of the unexpired term. Members shall 
serve without compensation but may be reimbursed for actual 
necessary expenses incurred in the performance of their 
duties.
    (f) The Department of Children and Family Services shall 
provide administrative support to the Advisory Commission.
 
    Section 15. Duties. The Advisory Commission shall be a 
coordinating and advocating body that acts on behalf of the 
interests of African-American children who are at risk of 
placement within the State's child welfare system. The 
Advisory Commission shall advise the Governor and the General 
Assembly, as well as work directly with State agencies, to 
identify those causes and factors that contribute to the 
overrepresentation of African-American children in foster 
care. In addition, the Advisory Commission shall collaborate 
with State agencies and other social services organizations to 
develop effective strategies, policies, services, and programs 
that are aimed at providing African-American children and 
their families with the resources and preventive services they 
need to stay out of foster care and the child welfare system 
generally. The Advisory Commission shall also assist in the 
development of child welfare policies  and practices that 
advance more equitable outcomes for African-American children 
and their families who have contact with the Department of 
Children and Family Services. In furtherance of these 
purposes, the Advisory Commission shall do the following:
        (1) Regularly track and analyze State and local data 
    on
           the racial disproportionality of children in foster 
    care in order  to develop effective policies to
           prevent 
    African-American children's placement in foster or 
    substitute care.
        (2) Examine and develop strategies and policies to 
    address the 2018 data released by the  University of 
    Illinois' Children and Family Research Center, School of 
    Social Work, which showed racial disproportionality during 
    5 key  stages of the child welfare decision-making process: 
    investigated maltreatment reports; protective custody; 
    indicated maltreatment reports; entries into substitute 
    care; and  timely exits from substitute care. 
        (3) Assist in the development of cultural competency 
    training programs for child welfare caseworkers to  
    eliminate racial bias and cultural misconceptions about 
    African-American families and communities during the child 
    welfare decision-making process.
        (4) Monitor and comment on existing and

proposed 
    legislation that affects African-American children who are 
    at risk of placement in the child welfare or juvenile 
    justice systems.
        (5) Identify best practices to safely increase the 
    number of family or relative placements for 
    African-American children who enter the child welfare 
    system.  
        (6) Collaborate with other State agencies and social 
    services agencies in the development of programs that 
    improve African-American families access to  preventive and 
    supportive services, including, but not limited to, mental 
    health and substance use disorder services, medical care, 
    legal assistance,  housing assistance, and family 
    counseling.
 
    Section 20. Reporting requirements. The Advisory 
Commission shall submit an initial report on its findings and 
recommendations to the Governor and the General Assembly one 
year after it convenes its first meeting and every 2 years 
thereafter. 
 
 
    Section 99. Effective date. This Act takes effect upon 
becoming law.