(a) Purpose and policy. It is the policy of this State to treat youth in the care of the Department with dignity and respect at all times, including during transport of the youth.
     (b) Definitions. As used in this Section:
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Terms Used In Illinois Compiled Statutes 20 ILCS 505/4e

  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • State: when applied to different parts of the United States, may be construed to include the District of Columbia and the several territories, and the words "United States" may be construed to include the said district and territories. See Illinois Compiled Statutes 5 ILCS 70/1.14

     “Chemical restraint” means the use of medication that restricts a youth’s freedom during a behavioral crisis or emergency and that is not a part of the youth’s standard treatment or dosage for a behavioral, emotional, or psychiatric condition.
     “Manual restraint” means a behavior management technique involving the use of physical contact or force, characterized by measures such as arm or body holds.
     “Mechanical restraints” means any device, material, or equipment (including, but not limited to, straight jacket, arm or leg restraints, four-point restraints, and zip ties), other than personal physical force, used to immobilize or directly restrict the limbs, head, or body of a youth.
     “Residential treatment center” has the meaning ascribed to that term in paragraph (12.3) of Section 1-3 of the Juvenile Court Act of 1987.
     “Restraints” means chemical restraints, manual restraints, and mechanical restraints, but does not include child restraint systems as defined in the Child Passenger Protection Act or devices, ordinarily worn by the youth during transport, for medical immobilization, adaptive support, or medical protection such as orthopedically prescribed devices, straps, or protective helmets.
     “Transport” means transportation of a youth provided or arranged by the Department. “Transport” does not include the emergency transportation of youth in care by an ambulance service provider in an emergency situation or inter-hospital non-emergency transportation.
     “Youth” means a youth in care as defined in Section 4d of this Act and youth in the protective custody of the Department.
     (c) Prohibition on the use of restraints during transport. Notwithstanding any law to the contrary, no youth shall be subjected to restraints during the provision of any transportation services provided or arranged by the Department or its contractual assigns.
     (d) Violations. Any known, alleged, or suspected violation of this Section shall immediately be reported to the Department’s Office of the Inspector General, the court presiding over the youth’s case in accordance with the Juvenile Court Act of 1987, and the youth’s attorney and guardian ad litem. A known, alleged, or suspected violation of this Section constitutes a “significant event” and requires a significant event report by the Department as defined in paragraph (14.2) of Section 1-3 of the Juvenile Court Act of 1987.
     (e) Individualized trauma-sensitive transportation plans.
         (1) The Department must prepare a written
    
individualized trauma-sensitive transportation plan for any youth when:
            (A) the youth is being transported to or from a
        
psychiatric hospital or residential treatment center;
            (B) the youth’s caseworker or clinical team
        
identifies the need for a transportation plan; or
            (C) a court has ordered a transportation plan.
         For youth who are psychiatrically hospitalized, the
    
Department shall begin discharge and placement planning from the moment of admission, including developing the transportation plan required by this Section and seeking court approval as necessary.
        (2) The Department must obtain written approval from
    
its Chief Deputy Director and the Chief Deputy Director of its Clinical Division and court approval of the transportation plan in accordance with Section 1-4.2 of the Juvenile Court Act of 1987 when:
            (A) the youth is being transported to an
        
out-of-state residential treatment center;
            (B) the youth is being transported from an
        
out-of-state residential treatment center to another residential treatment center or psychiatric hospital in any state;
            (C) the youth is being transported from a
        
psychiatric hospital to a residential treatment center in this State and the anticipated travel time is greater than 3 hours; or
            (D) a court has ordered that the transportation
        
plan be approved by the court.
        (3) The written individualized trauma-sensitive
    
transportation plan must be developed in consultation with: (i) the youth’s caseworker; (ii) the youth’s clinical treatment teams at the location the youth is leaving and the location the youth is being transported to; and (iii) the youth, to the extent possible and appropriate.
        (4) The written individualized trauma-sensitive
    
transportation plan must at a minimum:
            (A) State the purpose of the transport, the
        
location the youth is being transported from and to, and the anticipated length of transport and time of day the transport will occur, and, if applicable, identify the plan for restroom and meal breaks and provisions for overnight stays.
            (B) Include a written assessment of the youth’s
        
clinical condition and any safety concerns that may arise during transport.
            (C) Identify any measures that may be taken to
        
address the identified safety concerns, including a description of specific, individualized steps and techniques that will be used during transport to maintain the well-being of the youth. The description shall include specific de-escalation techniques that have been effective with the youth.
            (D) Include a written assessment of the youth’s
        
medical condition and any concerns that may arise during transport. If the youth needs to take regularly prescribed medication during transport, the plan must identify the person responsible for dispensing the medication.
            (E) Identify the caseworker or mental health
        
professional, known to the youth, who will accompany the youth during transport. If the plan must be approved by the court and the youth is being driven in a passenger vehicle at any point during transport, there must be at least one caseworker or mental health professional known to the youth other than the person driving the vehicle to ensure the youth’s emotional and physical well-being during transport. The plan shall identify any additional individuals who will accompany the youth to ensure the youth’s emotional and physical well-being during transport.
            (F) Set forth the plan for handling emergencies
        
that may arise during transport.
            (G) Identify when and how the plan will be
        
explained to the youth.
    (f) Reporting.
         (1) Any time a youth is transported in accordance
    
with a court-approved transportation plan, the transport constitutes a “significant event” and requires a significant event report by the Department as defined in paragraph (14.2) of Section 1-3 of the Juvenile Court Act of 1987.
        (2) Beginning December 1, 2021, and annually
    
thereafter, the Department shall post on its website data from the preceding fiscal year regarding:
            (A) the number of transportation plans authorized
        
in accordance with Section 1-4.2 of the Juvenile Court Act of 1987;
            (B) whether there were any significant events,
        
excluding significant event reports required under paragraph (1), and the number and description or type of any significant events that occurred during each transport made in accordance with this Section;
            (C) the number of transportation plans modified
        
or denied in accordance with Section 1-4.2 of the Juvenile Court Act of 1987, including information regarding why the court modified or denied the transportation plan; and
            (D) the number of violations of this Section and
        
for each violation, a detailed description of the date and circumstances.
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