HB4880 101ST GENERAL ASSEMBLY

LRB101 17748 KTG 67176 b

101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB4880

Introduced 2/18/2020, by Rep. Stephanie A. Kifowit

SYNOPSIS AS INTRODUCED:

See Index

Amends the Children and Family Services Act. Provides that no youth in care shall be subjected to mechanical restraints during the provision of any transportation services provided or arranged by the Department of Children and Family Services or its contractors. Provides that soft restraints may only be used during transportation of a youth, provided or arranged by the Department, with some limitations. Provides that no restraints shall be authorized for the purpose of punishment or transporter convenience and that the Department shall ensure that a mental health professional rides along with a youth who is transported while soft restraints are used. Requires written approval, prior to the use of soft restraints, from the Department's Chief Deputy Director of Clinical and Child Services, the Department's Guardianship Administrator, and a physician who has a physician-patient relationship with the youth. Requires a copy of the written recommendation for the use of restraints and other documents to be provided to the youth's court-appointed attorney and guardian at least 3 days prior to the use of such restraints. Contains provisions concerning requirements for Department contractors regarding the use of soft restraints; Department data on the use of restraints; and other reporting requirements. Amends the Juvenile Court Act of 1987. Provides that the Department's application to the court for authorization to transport a youth in care using soft restraints must include copies of certain written recommendations and authorizations. Requires the court to consider certain factors before authorizing the use of soft restraints. Amends the Illinois Administrative Procedure Act. Grants emergency rulemaking authority to the Department to implement certain provisions under the amendatory Act. Effective immediately.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning State government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Illinois Administrative Procedure Act is amended by adding Section 5-45.1 as follows:

(5 ILCS 100/5-45.1 new)

Sec. 5-45.1. Emergency rulemaking; Department of Children and Family Services. To provide for the expeditious and timely implementation of paragraphs (2) and (3) of subsection (c) and subsection (g) of Section 4e of the Children and Family Services Act, emergency rules implementing paragraphs (2) and (3) of subsection (c) and subsection (g) of Section 4e of the Children and Family Services Act, may be adopted in accordance with Section 5-45 by the Department of Children and Family Services. The adoption of emergency rules authorized by Section 5-45 and this Section is deemed to be necessary for the public interest, safety, and welfare.

This Section is repealed on January 1, 2026.

Section 10. The Children and Family Services Act is amended by adding Section 4e as follows:

(20 ILCS 505/4e new)

Sec. 4e. Mechanical restraints; prohibition during transport.

(a) Definitions. As used in this Section:

"Mechanical restraints" means any device used to restrict the limbs, head, or body of a youth, but do not include soft restraints. Mechanical restraints do not include child restraint systems as defined in the Child Passenger Protection Act.

"Soft restraints" means restraints made of cloth material designed to safely fit around a person's wrists, ankles, or chest. "Soft restraints" do not include child restraint systems as defined in the Child Passenger Protection Act.

(b) Prohibition on the use of mechanical restraints during transport. Notwithstanding any other law or rule to the contrary, no youth in care shall be subjected to mechanical restraints during the provision of any transportation services provided or arranged by the Department or its contractual assigns.

(c) Soft restraints may only be used during transportation of a youth in care, provided or arranged by the Department, and only as provided in this Section. No restraints shall be authorized for the purpose of punishment or transporter convenience. The Department shall ensure that a mental health professional known to the youth rides along with the youth who is transported while soft restraints are used to ensure the youth's physical and emotional well-being during the transport.

(1) The use of soft restraints must be ordered by a psychiatrist who has a physician-patient relationship with the youth or by the court hearing the youth's case in accordance with the Juvenile Court Act of 1987.

(2) The Department's Chief Deputy Director of Clinical and Child Services must recommend the use of the soft restraints for transportation in writing and the Department's Chief Deputy Director must approve the recommendation in writing. The written recommendation must include the rationale for the use of the restraints, the length of time the restraints will be used, a description of how the youth's safety and well-being will be monitored while restrained, and an explanation of what less restrictive alternatives were considered and why they were ruled out.

(3) The Department of Children and Family Services Guardianship Administrator must approve the use of soft restraints.

(4) A physician who has a physician-patient relationship with the youth must approve in writing the use of restraints for the specified transport. If the youth has a medical condition that will be impacted by the use of soft restraints during transport, the physician must set forth a plan to monitor the youth's health during the transport.

(5) The use of soft restraints may only be ordered, recommended, and approved based on the youth's clinical needs and after consideration of less restrictive alternatives.

(6) At least 3 business days prior to the use of the restraints, the Department must provide the youth's court-appointed attorney and guardian ad litem with a copy of the recommendation described in paragraph (2), the physician's approval and plan, if applicable, described in paragraph (4), and the psychiatrist's order described in paragraph (1), if applicable.

(d) The use of soft restraints in accordance with this Section constitutes a significant event and requires a report by the Department as defined in paragraph (14.2) of Section 1-3 of the Juvenile Court Act of 1987.

(e) Restraints used in accordance with this Section may only be utilized by contractors with written procedures approved by the Department regarding the use of soft restraints on youth in care. The Department shall ensure that each contractor authorized to use soft restraints to transport youth in care has an appropriate plan in place to train staff and to ensure that restraints are applied only by staff trained in the proper use of the particular type of restraints being used, to verify authorization to use restraints, and to monitor the safety and well-being of youth during transport, including ensuring the youth has access to restrooms, food, water, and the ability to periodically walk and stretch, and to ensure that the medical plan described in paragraph (4) of subsection (c), if applicable, is followed. All transporters shall keep a monitoring log documenting the youth's well-being during transport.

(f) Annually beginning December 1, 2020, the Department shall post on its website data regarding the number of restraints authorized in accordance with this Section, including information regarding the age of the youth, the length of time of the restraint, and the type of placement the youth was being transported from and to.

(g) The Department shall adopt rules, and may adopt emergency rules, setting forth the process criteria for the Department's Chief Deputy Director of Clinical and Child Services written recommendation for the use of the soft restraints for transportation and the Department's Chief Deputy Director and Guardianship Administrator's written approval.

(h) Any time soft restraints are used in accordance with this Section without the authorization of the court, the Department shall file within 10 days a report with the court hearing the youth's case in accordance with the Juvenile Court Act of 1987 and such report shall describe the circumstances and include the monitoring report prepared by the transporter.

Section 15. 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. Use of mechanical restraints on youth in care during transport.

(a) Notwithstanding any other law or rule to the contrary, no youth in care, as defined in Section 4d of the Children and Family Services Act, shall be subjected to mechanical restraints during the provision of any transportation services provided or arranged by the Department, except as provided in Section 4e of the Children and Family Services Act.

(b) The Department's application to the court for authorization to transport a youth in care using soft restraints must include copies of the written recommendations and authorizations described in paragraphs (2), (3), and (4) of subsection (c) of Section 4e of the Children and Family Services Act. No restraints shall be authorized for the purpose of punishment or transporter convenience. In considering whether to authorize the use of soft restraints for purposes of transporting a youth in care, the court shall consider the youth's best interest and the following additional factors: (i) the reason for the use of restraints; (ii) the type of placement the youth is being transported from and to; (iii) the anticipated length of travel; (iv) the clinical needs of the youth, including any medical or emotional needs; (v) any available less restrictive alternatives; and (vi) any other factor the court deems relevant.

(c) Upon motion by any party, the court may prohibit the use of soft restraints during transport of a youth in care based on the factors listed in subsection (b).

Section 99. Effective date. This Act takes effect upon becoming law.