Public Act 102-0649

SB2323 Enrolled LRB102 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.