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Public Act 103-0273
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| HB0439 Enrolled | LRB103 04009 CPF 49015 b |
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AN ACT concerning health.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 1. Short title. This Act may be cited as the |
Illinois Youth in Care Timely Provision of Essential Care Act.
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Section 5. Findings. The General Assembly finds that: |
(1) From 2013 to 2018 more than 500 in-state |
residential treatment beds were eliminated for youth in |
the care of the Department of Children and Family Services |
with serious and ongoing mental health needs. |
(2) Development of evidence-based alternatives to |
residential treatment, such as therapeutic foster care and |
multi-dimensional treatment foster care, has not met the |
need caused by the elimination of more than 500 |
residential treatment beds. |
(3) Quality residential treatment, evidence-based |
therapeutic foster care, and specialized foster care are |
critical components of the system of care for youth in the |
care of the Department. |
(4) It is imperative that children identified as |
requiring residential treatment, therapeutic foster care, |
or specialized foster care receive that treatment in a |
timely and competent fashion. |
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(5) One significant barrier to the development of new |
residential treatment beds has been the ability to attract |
and retain qualified staff. |
(6) Community-based providers have a 42%-50% annual |
staff turnover rate for caseworkers, supervisors, |
therapists, and residential staff. |
(7) High rates of staff turnover are directly linked |
to poor outcomes for children and youth in care, including |
increased lengths of stay, which especially hurt black |
children as they are 3 times more likely to languish in |
care. |
(8) Due to the lack of in-state residential treatment |
beds, evidence-based alternatives, and quality specialized |
foster homes for youth in care: |
(A) Youth in care are waiting long periods of |
times in temporary settings where they often receive |
inadequate treatment to address their highly acute |
needs. The temporary settings also force youth to |
experience placement changes that are only necessary |
because of the lack of critical beds. |
(B) Youth in care are left in locked inpatient |
psychiatric units beyond the time that they clinically |
need to be hospitalized ("beyond medical necessity") |
because the outpatient placement resources they need |
are not available. In State Fiscal Year 2022, youth |
who were beyond medical necessity remained in |
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psychiatric hospitals for an average of 75 days longer |
than they needed to be in the hospital because of the |
lack of placement resources. These stays cause |
irreparable harm to youth. |
(C) Youth in care identified as needing inpatient |
psychiatric care are being denied admission to |
inpatient psychiatric units due to the risk that the |
youth will not have a placement to discharge to when |
they are ready for discharge. |
(D) Youth in care are being sent to out-of-state |
residential facilities where it is more difficult to |
monitor safety and well-being and more costly and |
challenging to facilitate achievement of their |
permanency goals.
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Section 10. Improving access to residential treatment, |
evidence-based alternatives to residential treatment, and |
specialized foster care. The Department of Children and |
Family Services shall develop a written, strategic plan that |
comprehensively addresses improving timely access to quality |
in-state residential treatment, evidence-based alternatives to |
residential treatment, and specialized foster care for youth |
in the care of the Department who have significant emotional, |
behavioral, and medical needs. The planning process must be |
transparent and allow for stakeholder input.
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Section 15. Implementation. The strategic plan developed |
by the Department of Children and Family Services shall be |
finalized and made public no later than one year after the |
effective date of this Act. The strategic plan shall be |
revised within 6 months after the rate study required under |
Section 35.11 of the Children and Family Services Act is |
complete and available for review, and the Department shall |
incorporate the rate study's recommendations into the |
strategic plan. The strategic plan shall include: |
(1) Benchmarks and a timeline for implementing each |
provision of the plan. |
(2) Strategy for obtaining resources needed to |
implement each provision of the plan. |
(3) Ongoing stakeholder engagement during the |
implementation of the plan.
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