Full Text of SR0403 101st General Assembly
SR0403 101ST GENERAL ASSEMBLY |
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| 1 | | SENATE RESOLUTION
| 2 | | WHEREAS, The Foster Children's Bill of Rights Act (20 ILCS | 3 | | 521/1) gives every child and adult in the care of the | 4 | | Department of Children and Family Services the right: "[t]o | 5 | | have caregivers and child welfare personnel who have received | 6 | | instruction on cultural competency and sensitivity relating | 7 | | to, and best practices for, providing adequate care to lesbian, | 8 | | gay, bisexual, and transgender youth in out-of-home care[; …] | 9 | | [t]o have fair and equal access to all available services, | 10 | | placement, care, treatment, and benefits, and to not be | 11 | | subjected to discrimination or harassment on the basis of | 12 | | actual or perceived…sexual orientation, [or] gender identity | 13 | | [; …] [t]o receive medical…, and mental health services[; … | 14 | | and] [t]o receive a copy of [the Foster Children Bill of | 15 | | Rights] from and have it fully explained by the Department of | 16 | | Children and Family Services when the child or adult is placed | 17 | | in the care of the Department of Children and Family Services"; | 18 | | and
| 19 | | WHEREAS, CFS form 496-1 (Revised July 2018), the Illinois | 20 | | Foster Child and Youth Bill of Rights, further provides | 21 | | specific requirements for when the Department of Children and | 22 | | Family Services must provide children and youth with a copy of | 23 | | these Rights and states that children and youth have the right | 24 | | to "be placed in out-of-home care according to [the child or |
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| 1 | | youth's] gender identity, regardless of the gender or sex | 2 | | listed in their court or child welfare records[; and] be | 3 | | provided appropriate clothing that fits and corresponds to [the | 4 | | child or youth's] gender identity"; and
| 5 | | WHEREAS, The Family First Prevention and Services Act of | 6 | | the Bipartisan Budget Act of 2018 (Public Law No. 115-123) | 7 | | became federal law on February 9, 2018, steering the child | 8 | | welfare system towards much needed reform and re-calibration of | 9 | | policies to: "provide enhanced support to children and families | 10 | | and prevent foster care placements" and, if safety necessitates | 11 | | removal, provides children with loving foster homes rather than | 12 | | congregate care settings; address disparities known to child | 13 | | welfare experts, such as the overrepresentation of youth who | 14 | | are lesbian, gay, bisexual, transgender, or questioning in the | 15 | | child welfare system overall and the system overreliance on | 16 | | congregate care settings for these youth, which typically yield | 17 | | worse outcomes for them compared to their cisgender and | 18 | | heterosexual peers; recruit, retain, and support homes that are | 19 | | affirming of a youth-in-care's sexual orientations and gender | 20 | | identity and establish a system of accountability if homes are | 21 | | not providing affirming care; and, protect Lesbian, Gay, | 22 | | Bisexual, Transgender and Questioning (LGBTQ) youth from being | 23 | | unnecessarily diagnosed to meet clinical criteria required for | 24 | | residential care or from facing increased risk of involvement | 25 | | in the justice system as a result of the Family First |
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| 1 | | Prevention and Services Act implementation; and
| 2 | | WHEREAS, The Children and Family Services Act (20 ILCS | 3 | | 505/5.25) requires the Department of Children and Family | 4 | | Services to provide every child in its care with "the necessary | 5 | | behavioral health services", including "behavioral health | 6 | | services from an outside provider when those services are | 7 | | necessary to meet the child's needs and the child wishes to | 8 | | receive them"; and | 9 | | WHEREAS, The Department of Children and Family Services is | 10 | | required by the Children and Family Services Act (20 ILCS | 11 | | 505/7) to place children in its care in safe and adequate | 12 | | placements consistent with each child's health, safety, and | 13 | | best interests; and | 14 | | WHEREAS, The Department of Children and Family Services has | 15 | | adopted rules, entitled "Placement Selection Criteria", (89 | 16 | | Ill. Adm. Code Part 301.60) that provide that "all placement | 17 | | decisions will be made consistent with the safety, best | 18 | | interests and special needs of the child" and that | 19 | | consideration shall be given to "the least restrictive setting | 20 | | appropriate for the child which most closely approximates a | 21 | | family"; and | 22 | | WHEREAS, The Department of Children and Family Services is |
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| 1 | | the party to a federal court consent decree (B.H. et al., 88 C | 2 | | 5599, N.D. ILL) that provides that Children shall: be free from | 3 | | foreseeable and preventable harm[;]…receive at least minimally | 4 | | adequate healthcare [including] mental health care adequate to | 5 | | address their serious mental health needs[;] be free from | 6 | | unreasonable and unnecessary intrusions by DCFS upon their | 7 | | emotional and psychological well being" and that the Department | 8 | | shall maintain a system which provides: "that children will be | 9 | | timely and stably placed in safe and appropriate living | 10 | | arrangements[;]…for the prompt identification of the medical, | 11 | | mental health and developmental needs of children[;] timely | 12 | | access to adequate medical, mental and developmental | 13 | | services[; and] that children receive adequate services to | 14 | | assist in the transition to adulthood"; and | 15 | | WHEREAS, The Illinois Human Rights Act (755 ILCS 5) | 16 | | protects against discrimination on the basis of sexual | 17 | | orientation and gender identity in places of public | 18 | | accommodation, including the Department of Children and Family | 19 | | Services and its contracted providers; and | 20 | | WHEREAS, People who are Lesbian, Gay, Bisexual, | 21 | | Transgender, Questioning or Queer are subjected to violence and | 22 | | discrimination because of who they are or who they love; and | 23 | | WHEREAS, Gender dysphoria is a serious and internationally |
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| 1 | | recognized medical condition that requires immediate medical | 2 | | attention from a medical professional experienced in its | 3 | | treatment; and | 4 | | WHEREAS, On May 11, 2017 the Department of Children and | 5 | | Family Services updated Appendix K to Procedures 302 "Support | 6 | | and Well-Being of Lesbian, Gay, Bisexual, Transgender and | 7 | | Questioning (LGBTQ) Children and Youth" (P.T. 2017.04) which, | 8 | | among other things: (1) recognizes that LGBTQ children/youth | 9 | | are at higher risk than their heterosexual cisgender | 10 | | counterparts for emotional and physical abuse from family | 11 | | members and/or peers, failed out-of-home placements, | 12 | | homelessness, emotional/physical victimization, and/or | 13 | | institutional neglect or abuse; (2) states DCFS' policy is to | 14 | | maintain and promote safe and affirming environments for LGBTQ | 15 | | children and youth; (3) applies to anybody in contact with | 16 | | children/youth in DCFS care (e.g., DCFS staff, employees of | 17 | | contractors, volunteers, foster parents, etc.); (4) prohibits | 18 | | caregivers from engaging in any discrimination against or | 19 | | mistreatment of LGBTQ children and youth; (5) requires | 20 | | caregivers to affirm and support an LGBTQ child/youth's sexual | 21 | | orientation and gender identity, including by: (a) using the | 22 | | child/youth's preferred name and gender pronouns (including | 23 | | gender-neutral pronouns, such as "they/them"), including in | 24 | | written documents and records when the youth agrees; (b) | 25 | | respecting the child/youth's choice of clothes, make-up, |
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| 1 | | hairstyle, friends, and activities; and (c) providing support | 2 | | to LGBTQ youth who are experiencing problems related to their | 3 | | sexual orientation or gender identity in the community, | 4 | | including schools where transgender youth may need help | 5 | | requesting permission to use gendered facilities such as | 6 | | restrooms or locker rooms; (6) prohibits placing a child or | 7 | | youth in congregate care because of their sexual orientation or | 8 | | gender identity; (7) prohibits placing LGBTQ youth somewhere | 9 | | they will not be affirmed and requires immediate corrective | 10 | | action if a youth is not being affirmed; (8) provides that | 11 | | children/youth should generally be housed based on their gender | 12 | | identity, rather than their birth assigned gender, and a | 13 | | child/youth's perception of where they should be placed and | 14 | | would feel safest should be the primary factor in informing | 15 | | housing decisions; (9) states that LGBTQ children and youth | 16 | | have the right to receive LGBTQ competent medical care and | 17 | | sexual health education, including continuation of hormone | 18 | | therapy for transgender youth who were receiving it before | 19 | | entering DCFS care, and that youth who request hormone therapy | 20 | | while in DCFS care (who were not receiving such care prior to | 21 | | entering DCFS custody) should be referred to medical | 22 | | professionals who are recognized as medically competent in the | 23 | | care of transgender youth; (10) requires caregivers to respect | 24 | | the privacy of a child/youth's sexual orientation and gender | 25 | | identity and not disclose this information without the | 26 | | child/youth's permission; and (11) mandates annual training in |
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| 1 | | LGBTQ competent care for every person in contact with | 2 | | children/youth in DCFS care; and
| 3 | | WHEREAS, There has been little to no public information | 4 | | offered about the Department of Children and Family Services' | 5 | | implementation of Appendix K to Procedure 302, or whether there | 6 | | is any oversight process to ensure accountability and | 7 | | compliance with the requirements of Appendix K to Procedure 302 | 8 | | so that the needs of youth identifying as Lesbian, Gay, | 9 | | Bisexual, Transgender and Questioning (LGBTQ) are being | 10 | | addressed systematically by the Department of Children and | 11 | | Family Services and its contractors, or whether any efforts are | 12 | | having an impact on disparate outcomes, division of duties | 13 | | during staffing vacancies for allocated positions, or whether | 14 | | State resources are being sufficiently allocated and spent to | 15 | | properly implement Appendix K; and | 16 | | WHEREAS, The General Assembly requires reliable | 17 | | information to guide funding decisions, perform its oversight | 18 | | capacity, and make sound legislative and administrative | 19 | | recommendations; therefore, be it
| 20 | | RESOLVED, BY THE SENATE OF THE ONE HUNDRED FIRST GENERAL | 21 | | ASSEMBLY OF THE STATE OF ILLINOIS, that the Auditor General is | 22 | | directed to conduct a performance audit of the Department of | 23 | | Children and Family Services' compliance with its obligations |
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| 1 | | to protect and affirm children and youth who are lesbian, gay, | 2 | | bisexual, transgender, questioning or queer; and be it further; | 3 | | RESOLVED, That the audit shall include, but not be limited | 4 | | to, examining the operations and management of the Department | 5 | | of Children and Family Services and its contractors to perform | 6 | | its duties in accordance with the Foster Children's Bill of | 7 | | Rights Act (20 ILCS 521/1) and Appendix K to Procedures 302 | 8 | | "Support and Well-Being of Lesbian, Gay, Bisexual, Transgender | 9 | | and Questioning (LGBTQ) Children and Youth" (P.T. 2017.04) as | 10 | | follows: | 11 | | (1)The Department of Children and Family Services' | 12 | | implementation of and adherence to Appendix K to Procedure | 13 | | 302 and the Foster Children's Bill of Rights; | 14 | | (2)The Department of Children and Family Services' | 15 | | contractors' implementation of and adherence to Appendix K | 16 | | of Procedure 302 and the Foster Children's Bill of Rights; | 17 | | (3)How and with what frequency the Department of | 18 | | Children and Family Services and its contractors' | 19 | | employees are trained on sexual orientation, gender | 20 | | identity, and the requirements of Appendix K, and whether | 21 | | the training is sufficient to demonstrate appropriate | 22 | | application to fieldwork; | 23 | | (4)How employee and contract oversight ensure | 24 | | accountability and corrective actions; | 25 | | (5)The method by which the Department of Children and |
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| 1 | | Family Services assesses, monitors, and acts to make | 2 | | certain its contracted providers have adopted | 3 | | LGBTQ-affirming, nondiscrimination policies that are at | 4 | | least as extensive as Appendix K, including policies | 5 | | providing for employee discipline up to and including | 6 | | termination and for conduct in violation of the | 7 | | non-discrimination policy; | 8 | | (6)The methods by which information about youth | 9 | | gender-identity is sought, the format and locations in | 10 | | which this information is maintained, and the practices | 11 | | utilized for privacy protections; | 12 | | (7)Actions taken by the Department of Children and | 13 | | Family Services and its contractors in licensing to require | 14 | | foster parents' commitment to provide care and homes that | 15 | | are affirming of all children and youth, regardless of | 16 | | sexual orientation or gender identity; | 17 | | (8)The process by which the Department of Children and | 18 | | Family Services ensures that children or youth who identify | 19 | | as lesbian, gay, bisexual, transgender, questioning or | 20 | | queer are matched with placements that are affirming of | 21 | | those youths' sexual orientation and gender identity; and | 22 | | (9)The current gap in placement and service capacity to | 23 | | meet needs and efforts made to recruit homes affirming of | 24 | | lesbian, gay, bisexual, transgender and questioning or | 25 | | queer children and youth; and be it further |
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| 1 | | RESOLVED, That the audit include, but not be limited to, | 2 | | the following determinations as they pertain to children (up to | 3 | | the age of 21) in the care of the Department of Children and | 4 | | Family Services in calendar years 2017 and 2018: | 5 | | (1)Whether youth in care are made aware of their rights | 6 | | and know how to report violations of these rights, the | 7 | | experiences of youth who have reported violations, | 8 | | recommendations made by youth in care to improve their | 9 | | ability to meaningfully exercise their rights, and how the | 10 | | Department of Children and Family Services incorporates | 11 | | such recommendations in policy development; | 12 | | (2)The number of youth in care identifying as (a) | 13 | | lesbian, (b) gay, (c) bisexual, (d) transgender, (e) | 14 | | questioning, (f) gender non-conforming, (g) another | 15 | | minority sexual orientation or gender identity, or (g) more | 16 | | than one of the aforementioned identifications during the | 17 | | review period; | 18 | | (3)For each youth in subsection (2), the length of stay | 19 | | in out-of-home care, case permanency goals, frequency of | 20 | | sibling visitation, as applicable; | 21 | | (4)For each youth in subsection (2), the number, type, | 22 | | and duration of each placement designated foster home, | 23 | | group home, residential treatment center, detention or | 24 | | correctional setting, psychiatric hospital, transitional | 25 | | living program, or shelter home; whether and how the youth | 26 | | in care participated in placement planning and |
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| 1 | | determination; whether and how gender identity was | 2 | | considered for placement selection and whether the youth | 3 | | was placed according to their gender identity (as opposed | 4 | | to their sex assigned at birth as reflected on their birth | 5 | | certificate); reasons for placement disruptions, if | 6 | | applicable; | 7 | | (5)For each youth in subsection (2), the number of each | 8 | | incident categorized as running away, contact with police | 9 | | or the justice system, crisis hospitalization, | 10 | | hospitalization beyond medical necessity, reported victim | 11 | | of assault, school-related disciplinary infractions, | 12 | | school-related bullying or harassment, removal from a | 13 | | placement at the request of a provider or caregiver, | 14 | | removal from a placement at the request of the youth, | 15 | | subject of abuse or neglect allegations while in | 16 | | out-of-home care, detained in a correctional setting | 17 | | beyond release due to lack of identified placement; | 18 | | (6)Whether the youth in subsection (2) were provided | 19 | | opportunities to engage in normalcy activities (e.g., | 20 | | participation in activities typical of their peer and age | 21 | | group) consistent with their gender identity; | 22 | | (7)Whether the data findings for subsections (1), (3), | 23 | | (4), (5), (6) differ from that of the general population of | 24 | | youth in care or whether the data differs based on the | 25 | | geographic placement of the youth in care; | 26 | | (8)The number of providers designated as clinically |
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| 1 | | appropriate to provide housing or services to youth who | 2 | | identify as lesbian, gay, bisexual, transgender, or | 3 | | questioning available to youth in care and the number of | 4 | | youth utilizing those providers for services or supports; | 5 | | (9)The number of transgender youth in care who have | 6 | | requested (whether formally or informally) | 7 | | transition-related hormone therapy or consultation | 8 | | services regarding this treatment; the number of youth the | 9 | | Department of Children and Family Services did not refer | 10 | | for treatment, the qualifications of staff making the | 11 | | determination, and justification; the number of youth who | 12 | | received their requested care and whether this was | 13 | | delivered by a qualified provider; and the length of time | 14 | | from the youth's request to a service referral being made | 15 | | to referral resulting in service delivery; and information | 16 | | regarding barriers to service access, bureaucratic | 17 | | hierarchy and hurdles, and efforts made to address these | 18 | | issues; and | 19 | | (10)The number of youth in care in need of treatment | 20 | | for gender dysphoria and how this need is identified; the | 21 | | number of youth the Department of Children and Family | 22 | | Services did not refer for treatment, the qualifications of | 23 | | staff making the determination, and justification; the | 24 | | number of youth receiving this care and whether it was | 25 | | provided by a qualified clinician; the length of time from | 26 | | need being identified to service referral being made to |
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| 1 | | referral resulting in service delivery; and information | 2 | | regarding barriers to service access, bureaucratic | 3 | | hierarchy and hurdles, and efforts made to address these | 4 | | issues; and be it further | 5 | | RESOLVED, That the Department of Children and Family | 6 | | Services shall cooperate fully and promptly with the Auditor | 7 | | General's Office in conducting this audit; and be it further
| 8 | | RESOLVED, That the Auditor General commence this audit as | 9 | | soon as possible and distribute the report upon completion in | 10 | | accordance with Section 3-14 of the Illinois State Auditing | 11 | | Act.
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