Full Text of HB5097 103rd General Assembly
HB5097eng 103RD GENERAL ASSEMBLY | | | HB5097 Engrossed | | LRB103 38538 KTG 68674 b |
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| 1 | | AN ACT concerning State government. | 2 | | Be it enacted by the People of the State of Illinois, | 3 | | represented in the General Assembly: | 4 | | Section 5. The Children and Family Services Act is amended | 5 | | by adding Section 7.3b as follows: | 6 | | (20 ILCS 505/7.3b new) | 7 | | Sec. 7.3b. Case plan requirements for hair-related needs | 8 | | of youth in care. | 9 | | (a) Purposes. Hair plays an important role in fostering | 10 | | youths' connection to their race, culture, and identity. | 11 | | Haircare promotes positive messages of self-worth, comfort, | 12 | | and affection. Because these messages typically are developed | 13 | | through interactions with family and community members, it is | 14 | | necessary to establish a framework to ensure that youth in | 15 | | care are not deprived of these messages and that caregivers | 16 | | are adequately prepared to provide culturally competent | 17 | | haircare for youth. | 18 | | (b) Definitions. As used in this Section: | 19 | | (1) "Haircare" means all care related to the | 20 | | maintenance of hair, including, but not limited to, the | 21 | | daily maintenance routine, cutting, styling, or dying of | 22 | | hair. | 23 | | (2) "Race" means those traits associated with race, |
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| 1 | | including, but not limited to, hair texture and protective | 2 | | hairstyles such as braids, locks, and twists. | 3 | | (3) "Culture" means the norms, traditions, and | 4 | | experiences of a person's community that inform that | 5 | | person's daily life and long-term goals. | 6 | | (4) "Identity" means the memories, experiences, | 7 | | relationships, and values that create one's sense of self. | 8 | | This amalgamation creates a steady sense of who one is | 9 | | over time, even as new facets are developed and | 10 | | incorporated into one's identity. | 11 | | (5) "Caregiver" means a person with whom the youth is | 12 | | placed in out-of-home care or a designated official for | 13 | | child care facilities licensed by the Department under the | 14 | | Child Care Act of 1969. | 15 | | (c) Haircare plan. Every youth in care must have a | 16 | | Haircare Plan included in the youth's case plan unless the | 17 | | youth explicitly indicates to the youth's caseworker that a | 18 | | Haircare Plan is not needed due to the youth's ability to | 19 | | maintain haircare without assistance. A caseworker or | 20 | | placement plan specialist must develop the Haircare Plan in | 21 | | consultation with the youth and the youth's parents. At a | 22 | | minimum, the Haircare Plan must address: | 23 | | (1) necessary haircare steps to be taken to preserve | 24 | | the youth's desired connection to their race, culture, | 25 | | gender, religion, and identity; | 26 | | (2) the desires of the youth as it pertains to the |
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| 1 | | youth's hair; | 2 | | (3) the guidance and desires of the youth's parents, | 3 | | unless the parents cannot be contacted; and | 4 | | (4) steps to be taken specific to the youth's hair | 5 | | during emergency situations, including, but not limited | 6 | | to: | 7 | | (A) lice infestations; and | 8 | | (B) scalp rashes and infections. | 9 | | (d) A youth's Haircare Plan must be reviewed at the same | 10 | | time as the case plan review required under Section 6a. | 11 | | (e) By June 1, 2025, the Department must develop training | 12 | | for caregivers on how to provide culturally competent | 13 | | haircare. Each time a youth is placed with a caregiver, the | 14 | | caregiver must sign a declaration stating that the caregiver | 15 | | has reviewed the training materials and will follow the | 16 | | Haircare Plan for the youth. Each Department office location | 17 | | must provide a list of affordable, accessible, and culturally | 18 | | competent haircare providers and resources in each of the | 19 | | Department's geographic regions. | 20 | | (f) By June 1, 2025, the Department must adopt rules to | 21 | | facilitate the implementation of Haircare Plans. The rules | 22 | | must address at a minimum, the following: | 23 | | (1) the responsibilities of caseworkers and placement | 24 | | plan specialists in developing the Haircare Plan; | 25 | | (2) a plan for engaging parents regarding the haircare | 26 | | needs of the youth and procedures to follow if the parents |
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| 1 | | cannot be contacted; | 2 | | (3) factors to consider in granting youth increased | 3 | | autonomy over haircare decisions; | 4 | | (4) required culturally competent training | 5 | | incorporated into foster home and residential home | 6 | | licensing processes; and | 7 | | (5) the cost associated with providing haircare and | 8 | | who will be responsible for paying for the youth's | 9 | | haircare under the Haircare Plan. |
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