Full Text of SB2323 102nd General Assembly
SB2323eng 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,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Children and Family Services Act is amended | 5 | | by adding Section 4e as follows: | 6 | | (20 ILCS 505/4e new) | 7 | | Sec. 4e. Prohibited restraints for youth in care during | 8 | | transport. | 9 | | (a) Purpose and policy. It is the policy of this State to | 10 | | treat youth in the care of the Department with dignity and | 11 | | respect 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 | 14 | | restricts a youth's freedom during a
behavioral crisis or | 15 | | emergency and that is not a part of the youth's standard | 16 | | treatment or dosage
for a behavioral, emotional, or | 17 | | psychiatric condition. | 18 | | "Manual restraint" means a behavior management technique | 19 | | involving the use of physical contact
or force, characterized | 20 | | by measures such as arm or body holds. | 21 | | "Mechanical restraints" means any device, material, or | 22 | | equipment (including, but not limited to,
straight jacket, arm | 23 | | or leg restraints, four-point restraints, and zip ties), other |
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| 1 | | than personal physical force,
used to immobilize or directly | 2 | | restrict the limbs, head, or body of a youth. | 3 | | "Residential treatment center" has the meaning ascribed to | 4 | | that term in paragraph (12.3) of Section 1-3 of the Juvenile | 5 | | Court Act of 1987. | 6 | | "Restraints" means chemical restraints, manual restraints, | 7 | | and mechanical restraints, but does not include child | 8 | | restraint systems as defined in the Child Passenger Protection | 9 | | Act
or devices, ordinarily worn by the youth during transport, | 10 | | for medical immobilization, adaptive support, or medical | 11 | | protection such as orthopedically
prescribed devices, straps, | 12 | | or protective helmets. | 13 | | "Transport" means transportation of a youth provided or | 14 | | arranged by the Department. "Transport"
does not include the | 15 | | emergency transportation of youth in care by an ambulance | 16 | | service provider in an
emergency situation. | 17 | | "Youth" means a youth in care as defined in Section 4d of | 18 | | this Act and youth in the protective custody of the | 19 | | Department. | 20 | | (c) Prohibition on the use of restraints during transport. | 21 | | Notwithstanding any law
to the contrary, no youth shall be | 22 | | subjected to restraints during the provision of any | 23 | | transportation
services provided or arranged by the Department | 24 | | or its contractual assigns. | 25 | | (d) Violations. Any known, alleged, or suspected violation | 26 | | of this Section shall immediately be reported
to the |
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| 1 | | Department's Office of the Inspector General, the court | 2 | | presiding over the youth's case
in accordance with the | 3 | | Juvenile Court Act of 1987, and the youth's attorney and | 4 | | guardian ad litem. A known, alleged, or suspected violation of | 5 | | this Section constitutes a "significant event" and requires a | 6 | | significant event report by the Department as defined in | 7 | | paragraph (14.2) of Section 1-3 of the Juvenile Court Act of | 8 | | 1987. | 9 | | (e) Individualized trauma-sensitive transportation plans. | 10 | | (1) The Department must prepare a written | 11 | | individualized trauma-sensitive transportation plan for
| 12 | | any youth when: | 13 | | (A) the youth is being transported to or from a | 14 | | psychiatric hospital or residential
treatment center; | 15 | | (B) the youth's caseworker or clinical team | 16 | | identifies the need for a transportation plan; or | 17 | | (C) a court has ordered a transportation plan. | 18 | | For youth who are psychiatrically hospitalized, | 19 | | discharge and placement planning shall begin from the | 20 | | moment of admission, including developing the | 21 | | transportation plan required by this Section and seeking | 22 | | court approval as necessary. | 23 | | (2) The Department must obtain written approval from | 24 | | its Chief Deputy Director
and the Chief Deputy Director of | 25 | | its Clinical Division and court approval of the | 26 | | transportation plan
in accordance with Section 1-4.2 of |
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| 1 | | the Juvenile Court Act of 1987 when: | 2 | | (A) the youth is being transported to an | 3 | | out-of-state residential treatment center; | 4 | | (B) the youth is being transported from an | 5 | | out-of-state residential treatment center to
another | 6 | | residential treatment center or psychiatric hospital | 7 | | in any state; | 8 | | (C) the youth is being transported from a | 9 | | psychiatric hospital to a residential treatment
center | 10 | | in this State and the anticipated travel time is | 11 | | greater than 3 hours; or | 12 | | (D) a court has ordered that the transportation | 13 | | plan be approved by the court. | 14 | | (3) The written individualized trauma-sensitive | 15 | | transportation plan must be developed in
consultation | 16 | | with: (i) the youth's caseworker; (ii) the youth's | 17 | | clinical treatment teams at the
location the youth is | 18 | | leaving and the location the youth is being transported | 19 | | to; and (iii) the youth,
to the extent possible and | 20 | | appropriate. | 21 | | (4) The written individualized trauma-sensitive | 22 | | transportation plan must at a minimum: | 23 | | (A) State the purpose of the transport, the | 24 | | location the youth is being transported from
and to, | 25 | | and the anticipated length of transport and time of | 26 | | day the transport will occur,
and, if applicable, |
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| 1 | | identify the plan for restroom and meal breaks and | 2 | | provisions for
overnight stays. | 3 | | (B) Include a written assessment of the youth's | 4 | | clinical condition and any safety concerns
that may | 5 | | arise during transport. | 6 | | (C) Identify any measures that may be taken to | 7 | | address the identified safety concerns,
including a | 8 | | description of specific, individualized steps and | 9 | | techniques that will be
used during transport to | 10 | | maintain the well-being of the youth. The description | 11 | | shall
include specific de-escalation techniques that | 12 | | have been effective with the youth. | 13 | | (D) Include a written assessment of the youth's | 14 | | medical condition and any concerns that
may arise | 15 | | during transport. If the youth needs to take regularly | 16 | | prescribed
medication during transport, the plan must | 17 | | identify the person responsible for
dispensing the | 18 | | medication. | 19 | | (E) Identify the caseworker or mental health | 20 | | professional, known to the youth, who will accompany | 21 | | the youth during transport. If the plan must be | 22 | | approved by the court
and the youth is being driven in | 23 | | a passenger vehicle at any point during transport, | 24 | | there
must be at least one caseworker or mental health | 25 | | professional known to the youth
other than the person | 26 | | driving the vehicle to ensure the youth's emotional |
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| 1 | | and physical
well-being during transport. The plan | 2 | | shall identify any additional individuals who will
| 3 | | accompany the youth to ensure the youth's emotional | 4 | | and physical well-being during
transport. | 5 | | (F) Set forth the plan for handling emergencies | 6 | | that may arise during transport. | 7 | | (G) Identify when and how the plan will be | 8 | | explained to the youth. | 9 | | (f) Reporting. | 10 | | (1) Any time a youth is transported in accordance with | 11 | | a court-approved transportation plan, the
transport | 12 | | constitutes a "significant event" and requires a | 13 | | significant event report by the Department as defined
in | 14 | | paragraph (14.2) of Section 1-3 of the Juvenile Court Act | 15 | | of 1987. | 16 | | (2) Beginning December 1, 2021, and annually | 17 | | thereafter, the Department shall post on its website data | 18 | | from the
preceding fiscal year regarding: | 19 | | (A) the number of transportation plans authorized | 20 | | in accordance with Section 1-4.2 of the Juvenile Court | 21 | | Act of 1987; | 22 | | (B) whether there were any significant events, | 23 | | excluding significant event reports required under | 24 | | paragraph (1), and the number and description or type | 25 | | of any significant events that occurred during each | 26 | | transport made in accordance with this Section; |
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| 1 | | (C) the number of transportation plans modified or | 2 | | denied in accordance with Section 1-4.2 of the
| 3 | | Juvenile Court Act of 1987, including information | 4 | | regarding why the court modified or denied the | 5 | | transportation plan; and | 6 | | (D) the number of violations of this Section and | 7 | | for each violation, a detailed description
of the date | 8 | | and circumstances. | 9 | | Section 10. The Juvenile Court Act of 1987 is amended by | 10 | | adding Section 1-4.2 as follows: | 11 | | (705 ILCS 405/1-4.2 new) | 12 | | Sec. 1-4.2. Trauma-sensitive transport. | 13 | | (a) The Department of Children and Family Services shall | 14 | | ensure the provision of trauma-sensitive transport to minors | 15 | | placed in its care
in accordance with this Act. | 16 | | Notwithstanding any other law to the contrary, no minor shall | 17 | | be
subjected to restraints, as defined in Section 4e of the | 18 | | Children and Family Services Act, during the provision of any | 19 | | transportation services
provided or arranged by the Department | 20 | | of Children and Family Services or its contractual assigns. | 21 | | (b) The Department of Children and Family Services' | 22 | | application to the court for approval of an individualized | 23 | | trauma-sensitive
transportation plan must include a copy of | 24 | | the plan developed in accordance with Section 4e of the |
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| 1 | | Children
and Family Services Act and the written approval of | 2 | | the Department as required by paragraph (2) of subsection (e) | 3 | | of
Section 4e of the Children and Family Services Act. | 4 | | (c) When considering whether to approve the individualized | 5 | | trauma-sensitive transportation plan, the court shall
consider | 6 | | the minor's best interest and the following additional | 7 | | factors: the reason for the transport, the
type of placement | 8 | | the minor is being transported from and to, the anticipated | 9 | | length of travel, the
clinical needs of the minor, including | 10 | | any medical or emotional needs, any available less restrictive
| 11 | | alternatives, and any other factor the court deems relevant. | 12 | | The court may require amendments to the
minor's | 13 | | trauma-sensitive individualized transportation plan based on | 14 | | written findings of fact that the
plan, as written, is not in | 15 | | the minor's best interest.
| 16 | | Section 99. Effective date. This Act takes effect upon | 17 | | becoming law.
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