Illinois 2023-2024 Regular Session

Illinois House Bill HB0439 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	Public Act 103-0273
2	1		HB0439 EnrolledLRB103 04009 CPF 49015 b HB0439 Enrolled LRB103 04009 CPF 49015 b
3	2		HB0439 Enrolled LRB103 04009 CPF 49015 b
4		-	AN ACT concerning health.
5		-	Be it enacted by the People of the State of Illinois,
6		-	represented in the General Assembly:
7		-	Section 1. Short title. This Act may be cited as the
8		-	Illinois Youth in Care Timely Provision of Essential Care Act.
9		-	Section 5. Findings. The General Assembly finds that:
10		-	(1) From 2013 to 2018 more than 500 in-state
11		-	residential treatment beds were eliminated for youth in
12		-	the care of the Department of Children and Family Services
13		-	with serious and ongoing mental health needs.
14		-	(2) Development of evidence-based alternatives to
15		-	residential treatment, such as therapeutic foster care and
16		-	multi-dimensional treatment foster care, has not met the
17		-	need caused by the elimination of more than 500
18		-	residential treatment beds.
19		-	(3) Quality residential treatment, evidence-based
20		-	therapeutic foster care, and specialized foster care are
21		-	critical components of the system of care for youth in the
22		-	care of the Department.
23		-	(4) It is imperative that children identified as
24		-	requiring residential treatment, therapeutic foster care,
25		-	or specialized foster care receive that treatment in a
26		-	timely and competent fashion.
	3	+	1 AN ACT concerning health.
	4	+	2 Be it enacted by the People of the State of Illinois,
	5	+	3 represented in the General Assembly:
	6	+	4 Section 1. Short title. This Act may be cited as the
	7	+	5 Illinois Youth in Care Timely Provision of Essential Care Act.
	8	+	6 Section 5. Findings. The General Assembly finds that:
	9	+	7 (1) From 2013 to 2018 more than 500 in-state
	10	+	8 residential treatment beds were eliminated for youth in
	11	+	9 the care of the Department of Children and Family Services
	12	+	10 with serious and ongoing mental health needs.
	13	+	11 (2) Development of evidence-based alternatives to
	14	+	12 residential treatment, such as therapeutic foster care and
	15	+	13 multi-dimensional treatment foster care, has not met the
	16	+	14 need caused by the elimination of more than 500
	17	+	15 residential treatment beds.
	18	+	16 (3) Quality residential treatment, evidence-based
	19	+	17 therapeutic foster care, and specialized foster care are
	20	+	18 critical components of the system of care for youth in the
	21	+	19 care of the Department.
	22	+	20 (4) It is imperative that children identified as
	23	+	21 requiring residential treatment, therapeutic foster care,
	24	+	22 or specialized foster care receive that treatment in a
	25	+	23 timely and competent fashion.
27	26
28	27
29	28
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31	30
32	31
33		-	(5) One significant barrier to the development of new
34		-	residential treatment beds has been the ability to attract
35		-	and retain qualified staff.
36		-	(6) Community-based providers have a 42%-50% annual
37		-	staff turnover rate for caseworkers, supervisors,
38		-	therapists, and residential staff.
39		-	(7) High rates of staff turnover are directly linked
40		-	to poor outcomes for children and youth in care, including
41		-	increased lengths of stay, which especially hurt black
42		-	children as they are 3 times more likely to languish in
43		-	care.
44		-	(8) Due to the lack of in-state residential treatment
45		-	beds, evidence-based alternatives, and quality specialized
46		-	foster homes for youth in care:
47		-	(A) Youth in care are waiting long periods of
48		-	times in temporary settings where they often receive
49		-	inadequate treatment to address their highly acute
50		-	needs. The temporary settings also force youth to
51		-	experience placement changes that are only necessary
52		-	because of the lack of critical beds.
53		-	(B) Youth in care are left in locked inpatient
54		-	psychiatric units beyond the time that they clinically
55		-	need to be hospitalized ("beyond medical necessity")
56		-	because the outpatient placement resources they need
57		-	are not available. In State Fiscal Year 2022, youth
58		-	who were beyond medical necessity remained in
	32	+	HB0439 Enrolled- 2 -LRB103 04009 CPF 49015 b HB0439 Enrolled - 2 - LRB103 04009 CPF 49015 b
	33	+	HB0439 Enrolled - 2 - LRB103 04009 CPF 49015 b
	34	+	1 (5) One significant barrier to the development of new
	35	+	2 residential treatment beds has been the ability to attract
	36	+	3 and retain qualified staff.
	37	+	4 (6) Community-based providers have a 42%-50% annual
	38	+	5 staff turnover rate for caseworkers, supervisors,
	39	+	6 therapists, and residential staff.
	40	+	7 (7) High rates of staff turnover are directly linked
	41	+	8 to poor outcomes for children and youth in care, including
	42	+	9 increased lengths of stay, which especially hurt black
	43	+	10 children as they are 3 times more likely to languish in
	44	+	11 care.
	45	+	12 (8) Due to the lack of in-state residential treatment
	46	+	13 beds, evidence-based alternatives, and quality specialized
	47	+	14 foster homes for youth in care:
	48	+	15 (A) Youth in care are waiting long periods of
	49	+	16 times in temporary settings where they often receive
	50	+	17 inadequate treatment to address their highly acute
	51	+	18 needs. The temporary settings also force youth to
	52	+	19 experience placement changes that are only necessary
	53	+	20 because of the lack of critical beds.
	54	+	21 (B) Youth in care are left in locked inpatient
	55	+	22 psychiatric units beyond the time that they clinically
	56	+	23 need to be hospitalized ("beyond medical necessity")
	57	+	24 because the outpatient placement resources they need
	58	+	25 are not available. In State Fiscal Year 2022, youth
	59	+	26 who were beyond medical necessity remained in
59	60
60	61
61		-	psychiatric hospitals for an average of 75 days longer
62		-	than they needed to be in the hospital because of the
63		-	lack of placement resources. These stays cause
64		-	irreparable harm to youth.
65		-	(C) Youth in care identified as needing inpatient
66		-	psychiatric care are being denied admission to
67		-	inpatient psychiatric units due to the risk that the
68		-	youth will not have a placement to discharge to when
69		-	they are ready for discharge.
70		-	(D) Youth in care are being sent to out-of-state
71		-	residential facilities where it is more difficult to
72		-	monitor safety and well-being and more costly and
73		-	challenging to facilitate achievement of their
74		-	permanency goals.
75		-	Section 10. Improving access to residential treatment,
76		-	evidence-based alternatives to residential treatment, and
77		-	specialized foster care. The Department of Children and
78		-	Family Services shall develop a written, strategic plan that
79		-	comprehensively addresses improving timely access to quality
80		-	in-state residential treatment, evidence-based alternatives to
81		-	residential treatment, and specialized foster care for youth
82		-	in the care of the Department who have significant emotional,
83		-	behavioral, and medical needs. The planning process must be
84		-	transparent and allow for stakeholder input.
85	62
86	63
87		-	Section 15. Implementation. The strategic plan developed
88		-	by the Department of Children and Family Services shall be
89		-	finalized and made public no later than one year after the
90		-	effective date of this Act. The strategic plan shall be
91		-	revised within 6 months after the rate study required under
92		-	Section 35.11 of the Children and Family Services Act is
93		-	complete and available for review, and the Department shall
94		-	incorporate the rate study's recommendations into the
95		-	strategic plan. The strategic plan shall include:
96		-	(1) Benchmarks and a timeline for implementing each
97		-	provision of the plan.
98		-	(2) Strategy for obtaining resources needed to
99		-	implement each provision of the plan.
100		-	(3) Ongoing stakeholder engagement during the
101		-	implementation of the plan.
	64	+
	65	+	HB0439 Enrolled - 2 - LRB103 04009 CPF 49015 b
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	68	+	HB0439 Enrolled- 3 -LRB103 04009 CPF 49015 b HB0439 Enrolled - 3 - LRB103 04009 CPF 49015 b
	69	+	HB0439 Enrolled - 3 - LRB103 04009 CPF 49015 b
	70	+	1 psychiatric hospitals for an average of 75 days longer
	71	+	2 than they needed to be in the hospital because of the
	72	+	3 lack of placement resources. These stays cause
	73	+	4 irreparable harm to youth.
	74	+	5 (C) Youth in care identified as needing inpatient
	75	+	6 psychiatric care are being denied admission to
	76	+	7 inpatient psychiatric units due to the risk that the
	77	+	8 youth will not have a placement to discharge to when
	78	+	9 they are ready for discharge.
	79	+	10 (D) Youth in care are being sent to out-of-state
	80	+	11 residential facilities where it is more difficult to
	81	+	12 monitor safety and well-being and more costly and
	82	+	13 challenging to facilitate achievement of their
	83	+	14 permanency goals.
	84	+	15 Section 10. Improving access to residential treatment,
	85	+	16 evidence-based alternatives to residential treatment, and
	86	+	17 specialized foster care. The Department of Children and
	87	+	18 Family Services shall develop a written, strategic plan that
	88	+	19 comprehensively addresses improving timely access to quality
	89	+	20 in-state residential treatment, evidence-based alternatives to
	90	+	21 residential treatment, and specialized foster care for youth
	91	+	22 in the care of the Department who have significant emotional,
	92	+	23 behavioral, and medical needs. The planning process must be
	93	+	24 transparent and allow for stakeholder input.
	94	+
	95	+
	96	+
	97	+
	98	+
	99	+	HB0439 Enrolled - 3 - LRB103 04009 CPF 49015 b
	100	+
	101	+
	102	+	HB0439 Enrolled- 4 -LRB103 04009 CPF 49015 b HB0439 Enrolled - 4 - LRB103 04009 CPF 49015 b
	103	+	HB0439 Enrolled - 4 - LRB103 04009 CPF 49015 b
	104	+	1 Section 15. Implementation. The strategic plan developed
	105	+	2 by the Department of Children and Family Services shall be
	106	+	3 finalized and made public no later than one year after the
	107	+	4 effective date of this Act. The strategic plan shall be
	108	+	5 revised within 6 months after the rate study required under
	109	+	6 Section 35.11 of the Children and Family Services Act is
	110	+	7 complete and available for review, and the Department shall
	111	+	8 incorporate the rate study's recommendations into the
	112	+	9 strategic plan. The strategic plan shall include:
	113	+	10 (1) Benchmarks and a timeline for implementing each
	114	+	11 provision of the plan.
	115	+	12 (2) Strategy for obtaining resources needed to
	116	+	13 implement each provision of the plan.
	117	+	14 (3) Ongoing stakeholder engagement during the
	118	+	15 implementation of the plan.
	119	+
	120	+
	121	+
	122	+
	123	+
	124	+	HB0439 Enrolled - 4 - LRB103 04009 CPF 49015 b