HB 3969

Abstract

Amends the Children and Family Services Act. Provides that notwithstanding any other law or rule to the contrary, no child under the care or custody of the Department of Children and Family Services shall be subjected to mechanical restraints during the provision of any transportation services provided or arranged by the Department, unless required by court order. Provides that nothing under the amendatory Act shall be construed to apply to the Department's policy on medical restraints. Effective immediately. House Committee Amendment No. 1 Adds language providing that soft restraints may be used for transporting youth under the care or custody of the Department of Children and Family Services only in the following limited circumstances: (i) if, based on a youth's mental health needs, a psychiatrist orders the use of restraints for transporting a youth under the care or custody of the Department; or (ii) if a court orders the use of restraints for transporting a youth under the care or custody of the Department. Also provides that, even in those limited circumstances, the use of soft restraints is not permitted unless there is a written recommendation by the Department's Chief Deputy Director, Clinical and Child Services and written approval by the Department's Chief Deputy Director.