100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB4964
 
Introduced , by Rep. Litesa E. Wallace
 
SYNOPSIS AS INTRODUCED:
 

 
20 ILCS 505/7.8 new

     Amends the Children and Family Services Act. Requires the Department of Children and Family Services to place youth in care in the least restrictive and most family-like setting that is consistent with the youth's needs and best interests. Creates a private right of action for: (i) a youth in care who remains in a psychiatric hospital for more than 14 days beyond the time the youth was clinically ready for discharge or beyond medical necessity; and (ii) a youth in care who remains in a detention center or Department of Juvenile Justice facility for more  than 14 days after the youth could have been released. Provides that a youth aggrieved  by any violation of this provision is entitled to damages in the amount of $600 per day for each day the youth remained psychiatrically hospitalized beyond necessity or remained in a detention center or Department of Juvenile Justice facility after the youth could have been released. Provides that the Department of Children and Family Services shall not be relieved of its liability or obligation to pay damages because the youth was placed in a shelter or in another type of placement that was not identified as an appropriate placement. Provides that the remedies are in addition to any remedies available under local, State, or federal law.
  


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FISCAL NOTE ACT MAY APPLY
 
 
A BILL FOR
 

  
HB4964LRB100 18498 KTG 33715 b


  
1    AN ACT concerning State government.
  
 
2    Be it enacted by the People of the State of Illinois,
 
3represented in the General Assembly:
  
 
 
4    Section 5. The Children and Family Services Act is amended  
5by adding Section 7.8 as follows:
 
6    (20 ILCS 505/7.8 new)
7    Sec. 7.8. Youth in care; private right of action.
8    (a) The Department shall place youth in care, as defined in 
9Section 4d of this Act, in the least restrictive and most 
10family-like setting that is consistent with the youth's needs 
11and best interests.
12    (b) A youth in care who remains in a psychiatric hospital 
13for more than 14 days beyond the time the youth was clinically 
14ready for discharge or beyond medical necessity shall have a 
15private right of action against the Department for failure to 
16place the youth in a placement type that is consistent with the 
17youth's needs and best interests as required under subsection 
18(a). A youth aggrieved by any violation of this subsection (b) 
19is entitled to recover damages in the amount of $600 per day 
20for each day the youth remained psychiatrically hospitalized 
21beyond necessity beginning on the first day after the youth was 
22clinically or medically ready for discharge and continuing up 
23to the date upon which the youth was eventually placed in a 
 
 
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1placement type that is consistent with the youth's needs and 
2best interests as required under subsection (a). Placement of 
3the youth in a shelter or in another type of placement that was 
4not identified as an appropriate placement for the youth shall 
5not relieve the Department of its liability and obligation to 
6pay damages to the youth as provided under this subsection (b). 
7    (c) A youth in care who:
8        (1) remains in a detention center or Department of 
9    Juvenile Justice facility for more  than 14 days after:
10            (A) the youth could have been released or was 
11        recommended to be released;
12            (B) the youth's scheduled or anticipated release 
13        date; or
14            (C) the youth was not presented to the Prisoner 
15        Review Board on the youth's scheduled hearing date for 
16        aftercare release because the Department did not have 
17        an approved placement for the youth; or
18        (2) remains in a detention center or Department of 
19    Juvenile Justice facility solely because the Department 
20    cannot locate an appropriate placement for the youth;
21shall have a private right of action against the Department for 
22failure to place the youth in a placement type that is 
23consistent with the youth's needs and best interests as 
24required under subsection (a). A youth aggrieved by any 
25violation of this subsection (c) is entitled to recover damages 
26in the amount of $600 per day for each day the youth remained 
 
 
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1in a detention center or Department of Juvenile Justice 
2facility after the youth could have been released beginning on 
3the first day after the youth could have been released and 
4continuing up to the date upon which the youth was eventually 
5placed in a placement type that is consistent with the youth's 
6needs and best interests as required under subsection (a). 
7Placement of the youth in a shelter or in another type of 
8placement that was not identified as an appropriate placement 
9for the youth shall not relieve the Department of its liability 
10and obligation to pay damages to the youth as provided under 
11this subsection (c).
12    (d) The remedies provided in this Section are in addition 
13to any remedies available under local, State, or federal law.