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.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning State government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Administrative Procedure Act is
5amended by adding Section 5-45.1 as follows:
 
6    (5 ILCS 100/5-45.1 new)
7    Sec. 5-45.1. Emergency rulemaking; Department of Children
8and Family Services. To provide for the expeditious and timely
9implementation of paragraphs (2) and (3) of subsection (c) and
10subsection (g) of Section 4e of the Children and Family
11Services Act, emergency rules implementing paragraphs (2) and
12(3) of subsection (c) and subsection (g) of Section 4e of the
13Children and Family Services Act, may be adopted in accordance
14with Section 5-45 by the Department of Children and Family
15Services. The adoption of emergency rules authorized by Section
165-45 and this Section is deemed to be necessary for the public
17interest, safety, and welfare.
18    This Section is repealed on January 1, 2026.
 
19    Section 10. The Children and Family Services Act is amended
20by adding Section 4e as follows:
 
21    (20 ILCS 505/4e new)

 

 

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1    Sec. 4e. Mechanical restraints; prohibition during
2transport.
3    (a) Definitions. As used in this Section:
4    "Mechanical restraints" means any device used to restrict
5the limbs, head, or body of a youth, but do not include soft
6restraints. Mechanical restraints do not include child
7restraint systems as defined in the Child Passenger Protection
8Act.
9    "Soft restraints" means restraints made of cloth material
10designed to safely fit around a person's wrists, ankles, or
11chest. "Soft restraints" do not include child restraint systems
12as defined in the Child Passenger Protection Act.
13    (b) Prohibition on the use of mechanical restraints during
14transport. Notwithstanding any other law or rule to the
15contrary, no youth in care shall be subjected to mechanical
16restraints during the provision of any transportation services
17provided or arranged by the Department or its contractual
18assigns.
19    (c) Soft restraints may only be used during transportation
20of a youth in care, provided or arranged by the Department, and
21only as provided in this Section. No restraints shall be
22authorized for the purpose of punishment or transporter
23convenience. The Department shall ensure that a mental health
24professional known to the youth rides along with the youth who
25is transported while soft restraints are used to ensure the
26youth's physical and emotional well-being during the

 

 

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1transport.
2        (1) The use of soft restraints must be ordered by a
3    psychiatrist who has a physician-patient relationship with
4    the youth or by the court hearing the youth's case in
5    accordance with the Juvenile Court Act of 1987.
6        (2) The Department's Chief Deputy Director of Clinical
7    and Child Services must recommend the use of the soft
8    restraints for transportation in writing and the
9    Department's Chief Deputy Director must approve the
10    recommendation in writing. The written recommendation must
11    include the rationale for the use of the restraints, the
12    length of time the restraints will be used, a description
13    of how the youth's safety and well-being will be monitored
14    while restrained, and an explanation of what less
15    restrictive alternatives were considered and why they were
16    ruled out.
17        (3) The Department of Children and Family Services
18    Guardianship Administrator must approve the use of soft
19    restraints.
20        (4) A physician who has a physician-patient
21    relationship with the youth must approve in writing the use
22    of restraints for the specified transport. If the youth has
23    a medical condition that will be impacted by the use of
24    soft restraints during transport, the physician must set
25    forth a plan to monitor the youth's health during the
26    transport.

 

 

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1        (5) The use of soft restraints may only be ordered,
2    recommended, and approved based on the youth's clinical
3    needs and after consideration of less restrictive
4    alternatives.
5        (6) At least 3 business days prior to the use of the
6    restraints, the Department must provide the youth's
7    court-appointed attorney and guardian ad litem with a copy
8    of the recommendation described in paragraph (2), the
9    physician's approval and plan, if applicable, described in
10    paragraph (4), and the psychiatrist's order described in
11    paragraph (1), if applicable.
12    (d) The use of soft restraints in accordance with this
13Section constitutes a significant event and requires a report
14by the Department as defined in paragraph (14.2) of Section 1-3
15of the Juvenile Court Act of 1987.
16    (e) Restraints used in accordance with this Section may
17only be utilized by contractors with written procedures
18approved by the Department regarding the use of soft restraints
19on youth in care. The Department shall ensure that each
20contractor authorized to use soft restraints to transport youth
21in care has an appropriate plan in place to train staff and to
22ensure that restraints are applied only by staff trained in the
23proper use of the particular type of restraints being used, to
24verify authorization to use restraints, and to monitor the
25safety and well-being of youth during transport, including
26ensuring the youth has access to restrooms, food, water, and

 

 

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1the ability to periodically walk and stretch, and to ensure
2that the medical plan described in paragraph (4) of subsection
3(c), if applicable, is followed. All transporters shall keep a
4monitoring log documenting the youth's well-being during
5transport.
6    (f) Annually beginning December 1, 2020, the Department
7shall post on its website data regarding the number of
8restraints authorized in accordance with this Section,
9including information regarding the age of the youth, the
10length of time of the restraint, and the type of placement the
11youth was being transported from and to.
12    (g) The Department shall adopt rules, and may adopt
13emergency rules, setting forth the process criteria for the
14Department's Chief Deputy Director of Clinical and Child
15Services written recommendation for the use of the soft
16restraints for transportation and the Department's Chief
17Deputy Director and Guardianship Administrator's written
18approval.
19    (h) Any time soft restraints are used in accordance with
20this Section without the authorization of the court, the
21Department shall file within 10 days a report with the court
22hearing the youth's case in accordance with the Juvenile Court
23Act of 1987 and such report shall describe the circumstances
24and include the monitoring report prepared by the transporter.
 
25    Section 15. The Juvenile Court Act of 1987 is amended by

 

 

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1adding Section 1-4.2 as follows:
 
2    (705 ILCS 405/1-4.2 new)
3    Sec. 1-4.2. Use of mechanical restraints on youth in care
4during transport.
5    (a) Notwithstanding any other law or rule to the contrary,
6no youth in care, as defined in Section 4d of the Children and
7Family Services Act, shall be subjected to mechanical
8restraints during the provision of any transportation services
9provided or arranged by the Department, except as provided in
10Section 4e of the Children and Family Services Act.
11    (b) The Department's application to the court for
12authorization to transport a youth in care using soft
13restraints must include copies of the written recommendations
14and authorizations described in paragraphs (2), (3), and (4) of
15subsection (c) of Section 4e of the Children and Family
16Services Act. No restraints shall be authorized for the purpose
17of punishment or transporter convenience. In considering
18whether to authorize the use of soft restraints for purposes of
19transporting a youth in care, the court shall consider the
20youth's best interest and the following additional factors: (i)
21the reason for the use of restraints; (ii) the type of
22placement the youth is being transported from and to; (iii) the
23anticipated length of travel; (iv) the clinical needs of the
24youth, including any medical or emotional needs; (v) any
25available less restrictive alternatives; and (vi) any other

 

 

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1factor the court deems relevant.
2    (c) Upon motion by any party, the court may prohibit the
3use of soft restraints during transport of a youth in care
4based on the factors listed in subsection (b).
 
5    Section 99. Effective date. This Act takes effect upon
6becoming law.

 

 

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1 INDEX
2 Statutes amended in order of appearance
3    5 ILCS 100/5-45.1 new
4    20 ILCS 505/4e new
5    705 ILCS 405/1-4.2 new