HB5097 EngrossedLRB103 38538 KTG 68674 b HB5097 Engrossed LRB103 38538 KTG 68674 b
HB5097 Engrossed LRB103 38538 KTG 68674 b
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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