Senate Passes Invoice Outlawing Restraints On Youngsters In State Custody

The Illinois Senate has passed law banning the Department of Child and Family Services from physically restraining children during transportation from one location to another.

Legislators have been trying to end the practice for years. Despite DCFS’s promise never to constrain young people, the practice continues.

The bill was tabled by Senator Sara Feigenholtz, D-Chicago, who said during the floor debate that Illinois received the wrong kind of advertising worldwide.

“In the last few years there has been reports in the newspaper about how the Ministry of Child and Family Services transported young people in care with metal shackles,” said Feigenholtz. “This story made it all over the world. I had friends in Europe who emailed me about it.”

The bill prohibits the use of restraint systems for supervised juveniles, including chemical, manual, and mechanical restraint systems, during the provision of transportation services provided or arranged by DCFS or its contractual contracts. It also provides that any suspected or suspected violation of the prohibition of restraint be reported to the Office of the Department’s Inspector General.

“In those instances where you have dealt with some of the most violent people who pose a danger to themselves or others when being transported without restraint, what are the plans for those people?” said State Senator Dave Syverson, R-Rockford.

“Any child that is so sick shouldn’t be transported, and it would require a clinical event. Once that child can be transported, it will likely be with a doctor,” Feigenholtz said.

The draft law stipulates that DCFS creates a written, individualized, trauma-sensitive transport plan for all adolescents in care.

“I would like to see this practice end,” Feigenholtz said. “It doesn’t make us look very good as a state.”

The measure, which was passed by 49 votes to 3, provides penalties for DCFS employees who violate the rules.

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