HB4964 EngrossedLRB100 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.