Bill Text: IL HB4964 | 2017-2018 | 100th General Assembly | Engrossed

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Bill Title: Amends the Children and Family Services Act. Requires the Department of Children and Family Services to place youth in care in the least restrictive and most family-like setting that is consistent with the youth's needs and best interests. Creates a private right of action for: (i) a youth in care who remains in a psychiatric hospital for more than 14 days beyond the time the youth was clinically ready for discharge or beyond medical necessity; and (ii) a youth in care who remains in a detention center or Department of Juvenile Justice facility for more than 14 days after the youth could have been released. Provides that a youth aggrieved by any violation of this provision is entitled to damages in the amount of $600 per day for each day the youth remained psychiatrically hospitalized beyond necessity or remained in a detention center or Department of Juvenile Justice facility after the youth could have been released. Provides that the Department of Children and Family Services shall not be relieved of its liability or obligation to pay damages because the youth was placed in a shelter or in another type of placement that was not identified as an appropriate placement. Provides that the remedies are in addition to any remedies available under local, State, or federal law.

Sponsorship: Partisan Bill (Democrat 5)

Status: (Failed) 2019-01-08 - Session Sine Die [HB4964 Detail]

Download: Illinois-2017-HB4964-Engrossed.html

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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 7.8 as follows:
(20 ILCS 505/7.8 new)
Sec. 7.8. Youth in care; private right of action.
(a) The Department shall place youth in care, as defined in
Section 4d of this Act, in the least restrictive and most
family-like setting that is consistent with the youth's needs
and best interests.
(b) A youth in care who remains in a psychiatric hospital
for more than 14 days beyond the time the youth was clinically
ready for discharge or beyond medical necessity shall have a
private right of action against the Department for failure to
place the youth in a placement type that is consistent with the
youth's needs and best interests as required under subsection
(a). A youth aggrieved by any violation of this subsection (b)
is entitled to recover damages in the amount of $600 per day
for each day the youth remained psychiatrically hospitalized
beyond necessity beginning on the first day after the youth was
clinically or medically ready for discharge and continuing up
to the date upon which the youth was eventually placed in a

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placement type that is consistent with the youth's needs and
best interests as required under subsection (a). Placement of
the youth in a shelter or in another type of placement that was
not identified as an appropriate placement for the youth shall
not relieve the Department of its liability and obligation to
pay damages to the youth as provided under this subsection (b).
(c) A youth in care who:
(1) remains in a detention center or Department of
Juvenile Justice facility for more than 14 days after:
(A) the youth could have been released or was
recommended to be released;
(B) the youth's scheduled or anticipated release
date; or
(C) the youth was not presented to the Prisoner
Review Board on the youth's scheduled hearing date for
aftercare release because the Department did not have
an approved placement for the youth; or
(2) remains in a detention center or Department of
Juvenile Justice facility solely because the Department
cannot locate an appropriate placement for the youth;
shall have a private right of action against the Department for
failure to place the youth in a placement type that is
consistent with the youth's needs and best interests as
required under subsection (a). A youth aggrieved by any
violation of this subsection (c) is entitled to recover damages
in the amount of $600 per day for each day the youth remained

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in a detention center or Department of Juvenile Justice
facility after the youth could have been released beginning on
the first day after the youth could have been released and
continuing up to the date upon which the youth was eventually
placed in a placement type that is consistent with the youth's
needs and best interests as required under subsection (a).
Placement of the youth in a shelter or in another type of
placement that was not identified as an appropriate placement
for the youth shall not relieve the Department of its liability
and obligation to pay damages to the youth as provided under
this subsection (c).
(d) The remedies provided in this Section are in addition
to any remedies available under local, State, or federal law.