Bill Text: IL SB2757 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: 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.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2021-01-13 - Session Sine Die [SB2757 Detail]

Download: Illinois-2019-SB2757-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 SB2757 Introduced 2/4/2020, by Sen. Sara Feigenholtz 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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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)

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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

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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 in writing.
(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.

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(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

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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

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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

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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.
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INDEX
Statutes amended in order of appearance