Illinois General Assembly - Full Text of SB2323
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Full Text of SB2323  102nd General Assembly




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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 4e as follows:
6    (20 ILCS 505/4e new)
7    Sec. 4e. Prohibited restraints for youth in care during
9    (a) Purpose and policy. It is the policy of this State to
10treat youth in the care of the Department with dignity and
11respect at all times, including during transport of the youth.
12    (b) Definitions. As used in this Section:
13    "Chemical restraint" means the use of medication that
14restricts a youth's freedom during a behavioral crisis or
15emergency and that is not a part of the youth's standard
16treatment or dosage for a behavioral, emotional, or
17psychiatric condition.
18    "Manual restraint" means a behavior management technique
19involving the use of physical contact or force, characterized
20by measures such as arm or body holds.
21    "Mechanical restraints" means any device, material, or
22equipment (including, but not limited to, straight jacket, arm
23or leg restraints, four-point restraints, and zip ties), other



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1than personal physical force, used to immobilize or directly
2restrict the limbs, head, or body of a youth.
3    "Residential treatment center" has the meaning ascribed to
4that term in paragraph (12.3) of Section 1-3 of the Juvenile
5Court Act of 1987.
6    "Restraints" means chemical restraints, manual restraints,
7and mechanical restraints, but does not include child
8restraint systems as defined in the Child Passenger Protection
9Act or devices, ordinarily worn by the youth during transport,
10for medical immobilization, adaptive support, or medical
11protection such as orthopedically prescribed devices, straps,
12or protective helmets.
13    "Transport" means transportation of a youth provided or
14arranged by the Department. "Transport" does not include the
15emergency transportation of youth in care by an ambulance
16service provider in an emergency situation or inter-hospital
17non-emergency transportation.
18    "Youth" means a youth in care as defined in Section 4d of
19this Act and youth in the protective custody of the
21    (c) Prohibition on the use of restraints during transport.
22Notwithstanding any law to the contrary, no youth shall be
23subjected to restraints during the provision of any
24transportation services provided or arranged by the Department
25or its contractual assigns.
26    (d) Violations. Any known, alleged, or suspected violation



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1of this Section shall immediately be reported to the
2Department's Office of the Inspector General, the court
3presiding over the youth's case in accordance with the
4Juvenile Court Act of 1987, and the youth's attorney and
5guardian ad litem. A known, alleged, or suspected violation of
6this Section constitutes a "significant event" and requires a
7significant event report by the Department as defined in
8paragraph (14.2) of Section 1-3 of the Juvenile Court Act of
10    (e) Individualized trauma-sensitive transportation plans.
11        (1) The Department must prepare a written
12    individualized trauma-sensitive transportation plan for
13    any youth when:
14            (A) the youth is being transported to or from a
15        psychiatric hospital or residential treatment center;
16            (B) the youth's caseworker or clinical team
17        identifies the need for a transportation plan; or
18            (C) a court has ordered a transportation plan.
19        For youth who are psychiatrically hospitalized, the
20    Department shall begin discharge and placement planning
21    from the moment of admission, including developing the
22    transportation plan required by this Section and seeking
23    court approval as necessary.
24        (2) The Department must obtain written approval from
25    its Chief Deputy Director and the Chief Deputy Director of
26    its Clinical Division and court approval of the



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1    transportation plan in accordance with Section 1-4.2 of
2    the Juvenile Court Act of 1987 when:
3            (A) the youth is being transported to an
4        out-of-state residential treatment center;
5            (B) the youth is being transported from an
6        out-of-state residential treatment center to another
7        residential treatment center or psychiatric hospital
8        in any state;
9            (C) the youth is being transported from a
10        psychiatric hospital to a residential treatment center
11        in this State and the anticipated travel time is
12        greater than 3 hours; or
13            (D) a court has ordered that the transportation
14        plan be approved by the court.
15        (3) The written individualized trauma-sensitive
16    transportation plan must be developed in consultation
17    with: (i) the youth's caseworker; (ii) the youth's
18    clinical treatment teams at the location the youth is
19    leaving and the location the youth is being transported
20    to; and (iii) the youth, to the extent possible and
21    appropriate.
22        (4) The written individualized trauma-sensitive
23    transportation plan must at a minimum:
24            (A) State the purpose of the transport, the
25        location the youth is being transported from and to,
26        and the anticipated length of transport and time of



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1        day the transport will occur, and, if applicable,
2        identify the plan for restroom and meal breaks and
3        provisions for overnight stays.
4            (B) Include a written assessment of the youth's
5        clinical condition and any safety concerns that may
6        arise during transport.
7            (C) Identify any measures that may be taken to
8        address the identified safety concerns, including a
9        description of specific, individualized steps and
10        techniques that will be used during transport to
11        maintain the well-being of the youth. The description
12        shall include specific de-escalation techniques that
13        have been effective with the youth.
14            (D) Include a written assessment of the youth's
15        medical condition and any concerns that may arise
16        during transport. If the youth needs to take regularly
17        prescribed medication during transport, the plan must
18        identify the person responsible for dispensing the
19        medication.
20            (E) Identify the caseworker or mental health
21        professional, known to the youth, who will accompany
22        the youth during transport. If the plan must be
23        approved by the court and the youth is being driven in
24        a passenger vehicle at any point during transport,
25        there must be at least one caseworker or mental health
26        professional known to the youth other than the person



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1        driving the vehicle to ensure the youth's emotional
2        and physical well-being during transport. The plan
3        shall identify any additional individuals who will
4        accompany the youth to ensure the youth's emotional
5        and physical well-being during transport.
6            (F) Set forth the plan for handling emergencies
7        that may arise during transport.
8            (G) Identify when and how the plan will be
9        explained to the youth.
10    (f) Reporting.
11        (1) Any time a youth is transported in accordance with
12    a court-approved transportation plan, the transport
13    constitutes a "significant event" and requires a
14    significant event report by the Department as defined in
15    paragraph (14.2) of Section 1-3 of the Juvenile Court Act
16    of 1987.
17        (2) Beginning December 1, 2021, and annually
18    thereafter, the Department shall post on its website data
19    from the preceding fiscal year regarding:
20            (A) the number of transportation plans authorized
21        in accordance with Section 1-4.2 of the Juvenile Court
22        Act of 1987;
23            (B) whether there were any significant events,
24        excluding significant event reports required under
25        paragraph (1), and the number and description or type
26        of any significant events that occurred during each



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1        transport made in accordance with this Section;
2            (C) the number of transportation plans modified or
3        denied in accordance with Section 1-4.2 of the
4        Juvenile Court Act of 1987, including information
5        regarding why the court modified or denied the
6        transportation plan; and
7            (D) the number of violations of this Section and
8        for each violation, a detailed description of the date
9        and circumstances.
10    Section 10. The Juvenile Court Act of 1987 is amended by
11adding Section 1-4.2 as follows:
12    (705 ILCS 405/1-4.2 new)
13    Sec. 1-4.2. Trauma-sensitive transport.
14    (a) The Department of Children and Family Services shall
15ensure the provision of trauma-sensitive transport to minors
16placed in its care in accordance with this Act.
17Notwithstanding any other law to the contrary, no minor shall
18be subjected to restraints, as defined in Section 4e of the
19Children and Family Services Act, during the provision of any
20transportation services provided or arranged by the Department
21of Children and Family Services or its contractual assigns.
22    (b) The Department of Children and Family Services'
23application to the court for approval of an individualized
24trauma-sensitive transportation plan must include a copy of



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1the plan developed in accordance with Section 4e of the
2Children and Family Services Act and the written approval of
3the Department as required by paragraph (2) of subsection (e)
4of Section 4e of the Children and Family Services Act.
5    (c) When considering whether to approve the individualized
6trauma-sensitive transportation plan, the court shall consider
7the minor's best interest and the following additional
8factors: the reason for the transport, the type of placement
9the minor is being transported from and to, the anticipated
10length of travel, the clinical needs of the minor, including
11any medical or emotional needs, any available less restrictive
12alternatives, and any other factor the court deems relevant.
13The court may require amendments to the minor's
14trauma-sensitive individualized transportation plan based on
15written findings of fact that the plan, as written, is not in
16the minor's best interest.
17    Section 99. Effective date. This Act takes effect upon
18becoming law.