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| 1 | AN ACT concerning State government.
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| 2 | Be it enacted by the People of the State of Illinois,
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| 3 | represented in the General Assembly:
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| 4 | Section 5. The Children and Family Services Act is amended | ||||||
| 5 | by adding Section 7.8 as follows: | ||||||
| 6 | (20 ILCS 505/7.8 new) | ||||||
| 7 | Sec. 7.8. Youth in care; private right of action. | ||||||
| 8 | (a) The Department shall place youth in care, as defined in | ||||||
| 9 | Section 4d of this Act, in the least restrictive and most | ||||||
| 10 | family-like setting that is consistent with the youth's needs | ||||||
| 11 | and best interests. | ||||||
| 12 | (b) A youth in care who remains in a psychiatric hospital | ||||||
| 13 | for more than 14 days beyond the time the youth was clinically | ||||||
| 14 | ready for discharge or beyond medical necessity shall have a | ||||||
| 15 | private right of action against the Department for failure to | ||||||
| 16 | place the youth in a placement type that is consistent with the | ||||||
| 17 | youth's needs and best interests as required under subsection | ||||||
| 18 | (a). A youth aggrieved by any violation of this subsection (b) | ||||||
| 19 | is entitled to recover damages in the amount of $600 per day | ||||||
| 20 | for each day the youth remained psychiatrically hospitalized | ||||||
| 21 | beyond necessity beginning on the first day after the youth was | ||||||
| 22 | clinically or medically ready for discharge and continuing up | ||||||
| 23 | to the date upon which the youth was eventually placed in a | ||||||
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| 1 | placement type that is consistent with the youth's needs and | ||||||
| 2 | best interests as required under subsection (a). Placement of | ||||||
| 3 | the youth in a shelter or in another type of placement that was | ||||||
| 4 | not identified as an appropriate placement for the youth shall | ||||||
| 5 | not relieve the Department of its liability and obligation to | ||||||
| 6 | pay damages to the youth as provided under this subsection (b). | ||||||
| 7 | (c) A youth in care who: | ||||||
| 8 | (1) remains in a detention center or Department of | ||||||
| 9 | Juvenile Justice facility for more than 14 days after: | ||||||
| 10 | (A) the youth could have been released or was | ||||||
| 11 | recommended to be released; | ||||||
| 12 | (B) the youth's scheduled or anticipated release | ||||||
| 13 | date; or | ||||||
| 14 | (C) the youth was not presented to the Prisoner | ||||||
| 15 | Review Board on the youth's scheduled hearing date for | ||||||
| 16 | aftercare release because the Department did not have | ||||||
| 17 | an approved placement for the youth; or | ||||||
| 18 | (2) remains in a detention center or Department of | ||||||
| 19 | Juvenile Justice facility solely because the Department | ||||||
| 20 | cannot locate an appropriate placement for the youth; | ||||||
| 21 | shall have a private right of action against the Department for | ||||||
| 22 | failure to place the youth in a placement type that is | ||||||
| 23 | consistent with the youth's needs and best interests as | ||||||
| 24 | required under subsection (a). A youth aggrieved by any | ||||||
| 25 | violation of this subsection (c) is entitled to recover damages | ||||||
| 26 | in the amount of $600 per day for each day the youth remained | ||||||
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| 1 | in a detention center or Department of Juvenile Justice | ||||||
| 2 | facility after the youth could have been released beginning on | ||||||
| 3 | the first day after the youth could have been released and | ||||||
| 4 | continuing up to the date upon which the youth was eventually | ||||||
| 5 | placed in a placement type that is consistent with the youth's | ||||||
| 6 | needs and best interests as required under subsection (a). | ||||||
| 7 | Placement of the youth in a shelter or in another type of | ||||||
| 8 | placement that was not identified as an appropriate placement | ||||||
| 9 | for the youth shall not relieve the Department of its liability | ||||||
| 10 | and obligation to pay damages to the youth as provided under | ||||||
| 11 | this subsection (c). | ||||||
| 12 | (d) The remedies provided in this Section are in addition | ||||||
| 13 | to any remedies available under local, State, or federal law.
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