SPRINGFIELD – State Senator Celina Villanueva is leading a measure that aims to close gaps in Illinois’ child welfare laws and strengthen non-discrimination protections for youth in the care of the Illinois Department of Children and Family Services.

“Unfortunately, there have been too many cases where children are placed in the care of DCFS – with relatives, in residential group settings or in foster homes – and they aren’t treated with the dignity and respect they deserve, especially when it comes to their individual identity,” said Villanueva (D-Chicago). “No child wants to be separated from their parents, but if that is the safest option, we have to ensure not only that the new living environment that child is entering supports their identity and needs, but also that the staff overseeing that child supports those things.”

House Bill 4966, also known as the SECURE Act, would enshrine enforceable standards of conduct for DCFS staff and caregivers of youth in care and ensure children, especially LGBTQ+ youth, receive the same services if placed out of state as they would in Illinois. Under Villanueva’s proposal, the department would be required to protect youth in care from unnecessary and unapproved disclosure of their sensitive identity information, including personal data that is linked or reasonably linkable to a child and identifies the child's sexual orientation. It would also create a process for DCFS to abide by if it discloses sensitive identity information and would require the department to provide notice to the youth.

Additionally, to ensure the needs of youth in care are being met, DCFS, service providers and caregivers would be required to support services, care planning and placements that are consistent with the youth's health, safety, well-being and best interests. To mitigate any risk of adverse action to youth in care, Villanueva’s measure would require DCFS to consider the youth’s preference regarding interstate placement and implement ongoing communication, monitoring and assessment when a child is placed in care out of state.

“This measure would directly address the high rates of trauma and unmet needs that youth in care experience,” added Villanueva. “In Illinois, we know the duty of our child welfare system is to provide for the well-being of all youth in custody, and this measure would ensure Illinois youth, especially LGBTQ+ youth, in the state’s care are protected and any further trauma is avoided.”

House Bill 4966 passed the Senate Judiciary Committee Wednesday and heads to the full Senate for further consideration.