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

SB2323 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB2323

 

Introduced 2/26/2021, by Sen. Sara Feigenholtz

 

SYNOPSIS AS INTRODUCED:
 
20 ILCS 505/4e new
705 ILCS 405/1-4.2 new

    Amends the Children and Family Services Act. Prohibits the use of restraints on youth in care, including chemical, manual, and mechanical restraints, during the provision of any transportation services provided or arranged by the Department of Children and Family Services or its contractual assigns. Provides that any known, alleged, or suspected violation of the prohibition shall immediately be reported to the Department's Office of the Inspector General, the court presiding over the youth's case in accordance with the Juvenile Court Act of 1987, and the youth's attorney and guardian ad litem. Requires the Department to make a significant events report for any known, alleged, or suspected violation of the prohibition. Sets forth a list of circumstances that require the Department to prepare a written individualized trauma-sensitive transportation plan for any youth in care. Requires the Department to obtain court approval of the transportation plan in accordance with the Juvenile Court Act of 1987 as well as written approval of the transportation plan from the Department's Chief Deputy Director and the Chief Deputy Director of its Clinical Division. Contains provisions concerning information that must be included in a written individualized trauma-sensitive transportation plan; and Department reporting requirements. Amends the Juvenile Court Act of 1987. Requires the Department to ensure the provision of trauma-sensitive transport to minors placed in its care. Contains provisions concerning factors a court must consider when determining whether to approve an individualized trauma-sensitive transportation plan submitted by the Department. Effective immediately.


LRB102 11575 KTG 16909 b

 

 

A BILL FOR

 

SB2323LRB102 11575 KTG 16909 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 4e as follows:
 
6    (20 ILCS 505/4e new)
7    Sec. 4e. Prohibited restraints for youth in care during
8transport.
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 for medical immobilization, adaptive support,
10or medical protection such as orthopedically prescribed
11devices, straps, or protective helmets.
12    "Transport" means transportation of a youth provided or
13arranged by the Department. "Transport" does not include the
14emergency transportation of youth in care by an ambulance
15service provider in an emergency situation.
16    "Youth" means a youth in care as defined in Section 4d of
17this Act.
18    (c) Prohibition on the use of restraints during transport.
19Notwithstanding any law to the contrary, no youth shall be
20subjected to restraints during the provision of any
21transportation services provided or arranged by the Department
22or its contractual assigns.
23    (d) Violations. Any known, alleged, or suspected violation
24of this Section shall immediately be reported to the
25Department's Office of the Inspector General, the court
26presiding over the youth's case in accordance with the

 

 

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1Juvenile Court Act of 1987, and the youth's attorney and
2guardian ad litem. A known, alleged, or suspected violation of
3this Section constitutes a "significant event" and requires a
4significant event report by the Department as defined in
5paragraph (14.2) of Section 1-3 of the Juvenile Court Act of
61987.
7    (e) Individualized trauma-sensitive transportation plans.
8        (1) The Department must prepare a written
9    individualized trauma-sensitive transportation plan for
10    any youth when:
11            (A) the youth is being transported to or from a
12        psychiatric hospital or residential treatment center;
13            (B) the youth's caseworker or clinical team
14        identifies the need for a transportation plan; or
15            (C) a court has ordered a transportation plan.
16        (2) The Department must obtain written approval from
17    its Chief Deputy Director and the Chief Deputy Director of
18    its Clinical Division and court approval of the
19    transportation plan in accordance with Section 1-4.2 of
20    the Juvenile Court Act of 1987 when:
21            (A) the youth is being transported to an
22        out-of-state residential treatment center;
23            (B) the youth is being transported from an
24        out-of-state residential treatment center to another
25        residential treatment center or psychiatric hospital
26        in any state;

 

 

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1            (C) the youth is being transported from a
2        psychiatric hospital to a residential treatment center
3        in this State and the anticipated travel time is
4        greater than 3 hours; or
5            (D) a court has ordered that the transportation
6        plan be approved by the court.
7        (3) The written individualized trauma-sensitive
8    transportation plan must be developed in consultation
9    with: (i) the youth's caseworker; (ii) the youth's
10    clinical treatment teams at the location the youth is
11    leaving and the location the youth is being transported
12    to; and (iii) the youth, to the extent possible and
13    appropriate.
14        (4) The written individualized trauma-sensitive
15    transportation plan must at a minimum:
16            (A) State the purpose of the transport, the
17        location the youth is being transported from and to,
18        and the anticipated length of transport and time of
19        day the transport will occur, and, if applicable,
20        identify the plan for restroom and meal breaks and
21        provisions for overnight stays.
22            (B) Include a written assessment of the youth's
23        clinical condition and any safety concerns that may
24        arise during transport.
25            (C) Identify any measures that may be taken to
26        address the identified safety concerns, including a

 

 

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1        description of specific, individualized steps and
2        techniques that will be used during transport to
3        maintain the well-being of the youth. The description
4        shall include specific de-escalation techniques that
5        have been effective with the youth.
6            (D) Include a written assessment of the youth's
7        medical condition and any concerns that may arise
8        during transport. If the youth needs to take regularly
9        prescribed medication during transport, the plan must
10        identify the person responsible for dispensing the
11        medication.
12            (E) Identify the caseworker or mental health
13        professional, known to the youth, who will accompany
14        the youth during transport. If the plan must be
15        approved by the court and the youth is being driven in
16        a passenger vehicle at any point during transport,
17        there must be at least one caseworker or mental health
18        professional known to the youth other than the person
19        driving the vehicle to ensure the youth's emotional
20        and physical well-being during transport. The plan
21        shall identify any additional individuals who will
22        accompany the youth to ensure the youth's emotional
23        and physical well-being during transport.
24            (F) Set forth the plan for handling emergencies
25        that may arise during transport.
26            (G) Identify when and how the plan will be

 

 

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1        explained to the youth.
2    (f) Reporting.
3        (1) Any time a youth is transported in accordance with
4    a court-approved transportation plan, the transport
5    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
8    of 1987.
9        (2) Beginning December 1, 2021, and annually
10    thereafter, the Department shall post on its website data
11    from the preceding fiscal year regarding:
12            (A) the number of transportation plans authorized
13        in accordance with Section 1-4.2 of the Juvenile Court
14        Act of 1987;
15            (B) whether there were any significant events,
16        excluding significant event reports required under
17        paragraph (1), and the number and description or type
18        of any significant events that occurred during each
19        transport made in accordance with this Section;
20            (C) the number of transportation plans modified or
21        denied in accordance with Section 1-4.2 of the
22        Juvenile Court Act of 1987, including information
23        regarding why the court modified or denied the
24        transportation plan; and
25            (D) the number of violations of this Section and
26        for each violation, a detailed description of the date

 

 

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1        and circumstances.
 
2    Section 10. The Juvenile Court Act of 1987 is amended by
3adding Section 1-4.2 as follows:
 
4    (705 ILCS 405/1-4.2 new)
5    Sec. 1-4.2. Trauma-sensitive transport.
6    (a) The Department of Children and Family Services shall
7ensure the provision of trauma-sensitive transport to minors
8placed in its care in accordance with this Act.
9Notwithstanding any other law to the contrary, no minor shall
10be subjected to restraints, as defined in Section 4e of the
11Children and Family Services Act, during the provision of any
12transportation services provided or arranged by the Department
13of Children and Family Services or its contractual assigns.
14    (b) The Department of Children and Family Services'
15application to the court for approval of an individualized
16trauma-sensitive transportation plan must include a copy of
17the plan developed in accordance with Section 4e of the
18Children and Family Services Act and the written approval of
19the Department as required by paragraph (2) of subsection (e)
20of Section 4e of the Children and Family Services Act.
21    (c) When considering whether to approve the individualized
22trauma-sensitive transportation plan, the court shall consider
23the minor's best interest and the following additional
24factors: the reason for the transport, the type of placement

 

 

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1the minor is being transported from and to, the anticipated
2length of travel, the clinical needs of the minor, including
3any medical or emotional needs, any available less restrictive
4alternatives, and any other factor the court deems relevant.
5The court may require amendments to the minor's
6trauma-sensitive individualized transportation plan based on
7written findings of fact that the plan, as written, is not in
8the minor's best interest.
 
9    Section 99. Effective date. This Act takes effect upon
10becoming law.