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Public Act 102-0649


 

Public Act 0649 102ND GENERAL ASSEMBLY

  
  
  

 


 
Public Act 102-0649
 
SB2323 EnrolledLRB102 11575 KTG 16909 b

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

Effective Date: 8/27/2021