The Protecting Innocent Families Act is supported by:
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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 Senate Majority Leader Kimberly Lightford and Representative Mary Beth Canty, this bill seeks to establish safeguards to ensure objective decision making and eliminate conflicts of interest in medical examinations of suspected child abuse victims.
Fact Sheet
Ensuring Due Process & Transparency in Child Welfare
The Protecting Innocent Families Act introduces vital reforms to 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. Key provisions include:
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Right to Know
This bill ensures parents are notified when their child is evaluated by a medical professional contracted by DCFS. By guaranteeing transparency, it empowers parents with the knowledge and involvement they need to protect their rights and actively participate in decisions affecting their child’s well-being during investigations.
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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 result in findings that can be mistaken as indications of abuse or neglect.
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Enhanced Accountability through Data Collection
This bill mandates the collection of comprehensive data on child abuse investigations involving doctors contracted by DCFS. By strengthening oversight, it helps identify and address systemic issues, such as racial disproportionality, ensuring a more fair and equitable child welfare system for all families.
This bill does not affect medical providers responsible for diagnosing or treating 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