HB 4880

Abstract

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.