Bill Text: IL HB4758 | 2023-2024 | 103rd General Assembly | Chaptered


Bill Title: Amends the Children and Family Services Act. In provisions requiring the Department of Children and Family Services to submit annual reports to the General Assembly regarding youth in care waiting for placement or psychiatric hospitalization, expands the information required in the reports to include the number of youth in care who remained overnight in temporary living spaces not authorized under the Child Care Act of 1969 solely because the Department cannot locate an appropriate placement for the youth. Provides that temporary living spaces not authorized under the Child Care Act of 1969 include, but are not limited to, Department or private agency offices or welcome centers. Defines "remaining overnight" to mean being present in the temporary living space at 1:00 a.m. Provides that at a minimum, the report shall include the following information regarding each youth: age, region, date of stay, length of time the youth was in the temporary living space, date and time the youth was moved from the temporary living space, the reason for the youth remaining overnight, and the type of placement or setting the youth was in immediately after leaving the temporary living space. Requires the report to reflect the number of unique youth involved, the number of episodes that occurred fitting the criteria, and the number of unique youth involved in multiple episodes. Effective immediately.

Spectrum: Partisan Bill (Democrat 12-0)

Status: (Passed) 2024-08-09 - Public Act . . . . . . . . . 103-0829 [HB4758 Detail]

Download: Illinois-2023-HB4758-Chaptered.html

Public Act 103-0829
HB4758 EnrolledLRB103 39252 KTG 69404 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 changing Section 2.2 as follows:
(20 ILCS 505/2.2)
Sec. 2.2. Annual reports on youth in care waiting for
placement. No later than December 31, 2018, and on December 31
of each year thereafter, the Department shall prepare and
submit an annual report, covering the previous fiscal year, to
the General Assembly regarding youth in care waiting for
placements or psychiatric hospitalization. The report shall
also be posted on the Department's website. The report shall
include:
(1) the number of youth in care who remained in
emergency placements, including but not limited to
shelters and emergency foster homes, for longer than 30
days, their genders and ages, their recommended placement
type, the total length of time each youth remained in
emergency care, the barriers to timely placement, and
whether they were placed in the recommended placement type
after they were removed from the emergency placement, and
if not, what type of placement they were placed in;
(2) the number of youth in care who remained in
psychiatric hospitals beyond the time they were clinically
ready for discharge or beyond medical necessity, whichever
is sooner, their genders and ages, their recommended
placement type, the total length of time each youth
remained psychiatrically hospitalized beyond necessity,
the barriers to timely placement, and whether they were
placed in the recommended placement type after they were
removed from the psychiatric hospital, and if not, what
type of placement they were placed in;
(3) the number of youth in care who remained in a
detention center or Department of Juvenile Justice
facility solely because the Department cannot locate an
appropriate placement for the youth, their genders and
ages, their recommended placement type, the total length
of time each youth remained in the detention center or
Department of Juvenile Justice facility after they could
have been released, the barriers to timely placement, and
whether they were placed in the recommended placement type
after being released from detention of the Juvenile
Justice facility, and if not, what type of placement they
were placed in;
(3.1) the number of youth in care placed in
out-of-state residential treatment facilities, whether
each youth was referred to any in-state programs for
placement and, if so, the number of in-state referrals for
each youth prior to referring the youth to out-of-state
programs; whether the youth was psychiatrically
hospitalized beyond medical necessity prior to being sent
out of state; the state each youth is placed in; and
whether the youth is placed in a secure facility out of
state;
(3.2) the number of youth not in the temporary custody
or guardianship of the Department who are or were the
subjects of child protection investigations coded as 84b
(lock-out, psychiatrically hospitalized) under the
Department's Neglect Allegation Classification system,
including youth for whom the Department is required to
make payments in accordance with Section 5-5.07 of the
Illinois Public Aid Code because they were hospitalized in
inpatient psychiatric hospitals or units and were beyond
medical necessity during the Department's involvement with
the case. At a minimum, the report shall include the
following information regarding each youth: age, region,
date of hospitalization, date the youth was beyond medical
necessity, date and reason for the Department's
involvement, length of time the youth was beyond medical
necessity, whether the youth was referred for services
under the Department of Healthcare and Family Services'
Family Support Program, whether the youth was referred for
intact family services, whether and when the Department
petitioned for custody of the youth, and the youth's
living arrangement upon being discharged from the
hospital;
(3.3) the number of youth in care who remain in
emergency rooms for longer than 24 hours waiting for
admission to a psychiatric hospital bed. At a minimum, the
report shall include the following information regarding
each youth: age, region, date of admission to the
emergency room, length of time the youth was in the
emergency room, date and time the youth was discharged
from the emergency room, hospital or placement the youth
was discharged to, and a description of any critical
incidents that occurred during the hospitalization,
including, but not limited to, the use of emergency
psychotropic medication or the use of any type of
restraint; .
(3.4) the number of youth in care who remained
overnight in temporary living spaces not licensed under
the Child Care Act of 1969 solely because the Department
cannot locate an appropriate placement for the youth.
Temporary living spaces not authorized under the Child
Care Act of 1969 include, but are not limited to,
Department or licensed child welfare agency offices or
welcome centers. As used in this paragraph, "remaining
overnight" means being present in the temporary living
space at 1:00 a.m. At a minimum, the report shall include
the following information regarding each youth: age,
region, date of stay, length of time the youth was in the
temporary living space, date and time the youth was moved
from the temporary living space, the reason for the youth
remaining overnight, and the type of placement or setting
the youth was in immediately after leaving the temporary
living space. The report shall reflect the number of
unique youth involved, the number of episodes that
occurred fitting the criteria, and the number of unique
youth involved in multiple episodes;
(4) a description of how the Department collected the
information reported and any difficulties the Department
had in collecting the information and whether there are
concerns about the validity of the information; and
(5) a description of any steps the Department is
taking to reduce the length of time youth in care wait in
psychiatric hospitals, emergency placements, detention
centers, and Department of Juvenile Justice facilities for
clinically appropriate placements.
(Source: P.A. 102-76, eff. 7-9-21.)
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