Public Act 102-0649
 
SB2323 EnrolledLRB102 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.