Debate grows over bill on gender, abortion care access in child placement

By Sean Reed | The Center Square
The Center Square

(The Center Square) – A proposed law could allow child services to consider a child’s gender identity and access to abortion in determining placement in the care of someone in a state outside of Illinois.

The bill drew significant pushback from conservatives in a senate hearing.

Nora Collins, with ACLU Illinois, said the bill is important to her organization’s goals surrounding youth, family and foster care.

House Bill 4966, nicknamed the SECURE Act, also includes language that seeks to protect children from discrimination. Having already passed the House of Representatives, the bill has been amended in the Senate.

“Without these protective measures at the state level, our young people are exposed to federal attempts to erode non-discrimination protections and access to lawful health care,” Collins said.

Collins said aside from the bill aiming to protect children under the purview of DCFS from discrimination, the bill will also allow the department to take new healthcare factors, such as reproductive and gender-based care, into consideration when placing a child in the care of someone out of state.

The bill faced pushback in a Senate hearing, where Ralph Rivera, a representative of Illinois Right to Life Action, and Republican lawmakers argued it threatens parental rights and applies inappropriately to children as young as 8.

“This is a lawsuit waiting to happen on the parental rights issue,” Rivera said. “I will be remiss if I didn’t point out that this bill seeks to put into Illinois statute, to public policy that children can affirm a different gender without any parent’s involvement.”

Sen. Jil Tracy, R-Quincy, grilled Collins about the bill and why the consideration of gender identity and access to related care begins as early as 8 years old.

Collins said the bill would only allow the agency to take such medical care access into consideration, and would help to determine if placement into other states would impact a child due to laws on abortion access or gender transition being more restrictive than Illinois.

“The young person is under the jurisdiction of an Illinois court, just by merely placing a young person out of state, we don’t need to deprive them of the laws of the state of Illinois,” Collins said.

As for the age of 8 years old, Collins said they wanted to be able to consider medical access before children could need it, and to allow DCFS to have the time the agency might need to plan for those needs.

The committee voted to recommend the Senate pass the legislation, Republicans opposed.

The bill, which has already passed the House, may come to a vote as early as this week.