HB 4964

Abstract

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.