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.
17    "Youth" means a youth in care as defined in Section 4d of
18this Act and youth in the protective custody of the
20    (c) Prohibition on the use of restraints during transport.
21Notwithstanding any law to the contrary, no youth shall be
22subjected to restraints during the provision of any
23transportation services provided or arranged by the Department
24or its contractual assigns.
25    (d) Violations. Any known, alleged, or suspected violation
26of this Section shall immediately be reported to the



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1Department's Office of the Inspector General, the court
2presiding over the youth's case in accordance with the
3Juvenile Court Act of 1987, and the youth's attorney and
4guardian ad litem. A known, alleged, or suspected violation of
5this Section constitutes a "significant event" and requires a
6significant event report by the Department as defined in
7paragraph (14.2) of Section 1-3 of the Juvenile Court Act of
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
10adding 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
14ensure the provision of trauma-sensitive transport to minors
15placed in its care in accordance with this Act.
16Notwithstanding any other law to the contrary, no minor shall
17be subjected to restraints, as defined in Section 4e of the
18Children and Family Services Act, during the provision of any
19transportation services provided or arranged by the Department
20of Children and Family Services or its contractual assigns.
21    (b) The Department of Children and Family Services'
22application to the court for approval of an individualized
23trauma-sensitive transportation plan must include a copy of
24the plan developed in accordance with Section 4e of the



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