Proponents of SB 378, Amendment 1
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ACLU Illinois
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Ascend Justice
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Cabrini Green Legal Aid
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Center for Integrity in Forensic Sciences
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Chicago Appleseed Center for Fair Courts
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Cook County Justice Advisory Council
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Family Justice Resource Center
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Greater West Town Community Development Project
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Holistic Birth Collective
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If/When/How: Lawyering for Reproductive Justice
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National Association of Social Workers, Illinois Chapter
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Illinois Black Advocacy Initiative
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Illinois Coalition Against Domestic Violence
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Illinois Prison Project Action Fund
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The James B. Moran Center for Youth Advocacy
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Legal Action Chicago
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Office of Cook County Public Defender
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ParentalRights.org
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Roll Call Organization
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Shriver Center on Poverty Law
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She Votes Illinois
Summary
The Family Justice Resource Center has proposed the Protecting Innocent Families Act. Sponsored by Illinois Senate majority leader Kimberly Lightford, SB 378, Amendment 1 (formerly SB 3630) seeks to establish safeguards to ensure objective decision making and eliminate conflicts of interest in medical examinations of suspected child abuse victims.
Fact Sheet for SB 378, Amendment 1
Ensuring Due Process & Transparency in Child Welfare
Senate Bill 378, Amendment 1 introduces vital reforms to address medically-based child abuse allegations and protect the rights of families within the child welfare system. By focusing on transparency, accountability, and due process, the bill targets systemic issues that disproportionately impact vulnerable families, especially families of color. It seeks to prevent unnecessary separations and harmful decisions stemming from medical misinterpretations. Key provisions include:
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Right to Know
Families must be informed when a child abuse pediatrician (CAP) or other contracted medical professionals are involved in a child’s care as part of a DCFS investigation. This ensures transparency about who is assessing a child's health and safety and upholds families' right to understand the professionals influencing decisions about their child’s well-being.
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Right to a Second Opinion
Families have the right to seek a second medical opinion when an initial diagnosis of abuse or neglect is made. This provision is essential in preventing wrongful removals based on misdiagnoses or hasty conclusions, particularly in cases involving children with complex medical conditions that may be incorrectly misinterpreted as being caused by abuse or neglect.
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Enhanced Accountability through Data Collection
The bill requires comprehensive data collection on child abuse investigations involving doctors contracted by DCFS. This provision strengthens oversight, ensuring more accurate and informed decision-making in abuse cases. It also helps to identify and address systemic issues, such as racial disproportionality, that often impact child welfare outcomes.
This bill does not affect medical providers responsible for diagnosing, treating, or caring for individuals, nor does it interfere with the obligations of mandated reporters. Additionally, it preserves current investigative procedures and does not impede contracted medical professionals from fulfilling their contractual duties.
​SOURCES
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FJRC Call to Action Toolkit, www.famjustice.org/call-to-action
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Hyunil Kim, Christopher Wildeman, Melissa Jonson-Reid, & Brett Drake, 2017: Lifetime Prevalence of Investigating Child Maltreatment Among US Children.American Journal of Public Health 107, 274_280,https://doi.org/10.2105/AJPH.2016.303545
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Illinois Department of Children & Family Services. (2023, January 31). Youth In Care By Demographic. https://www2.illinois.gov/dcfs/aboutus/newsandreports/Documents/Youth%20In%20Care%20By%20Demographic.pdf
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2020 U.S. Census Bureau Statistics
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Cenat, J. M., McIntee, S. E., Mukunzi, J. N., & Noorishad, P. G. (2020). Overrepresentation of Black children in the child welfare system: A systematic review to understand and better act. Children and Youth Services Review, 120.https://doi.org/10.1016/j.childyouth.2020.105714
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2023 Annual Report of the Office of the Inspector General for the Illinois Department of Children and Family Services
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Bernstein, K. M., Najdowski, C. J., & Wahrer, K. S. (2020, July 1). Racial stereotyping and misdiagnosis of child abuse. Monitor on Psychology, 51(5). https://www.apa.org/monitor/2020/07/jn
Provisions
The bill protects the constitutional rights of parents by:
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requiring medical providers who hold contractual agreements with DCFS, and other entities accredited by statute to conduct abuse investigations, to identify themselves as forensic investigators and not as members of the child's treatment team
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allowing families to seek second opinions from independent medical experts and requiring DCFS to consider those opinions
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requiring DCFS to report data and demographic statistics on outcomes of allegations stemming from the opinions of state-contracted providers and their teams to ensure accountability and accuracy in investigations
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Resources
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