Each year, thousands of young people are placed in the care of DCFS. These young people may be placed in foster homes, with relatives, or residential group settings. They deserve to be treated with dignity and respect in these placements and by the DCFS/contractor staff they encounter.
Additionally, hundreds of youth under DCFS care are placed out of state. These young people might be placed with a relative in another state or placed in a care facility located outside Illinois. These young people should not be deprived of the benefits of Illinois statutory protections for access to lawful health simply because they are not living in Illinois. And since these youth are under the care of the State of Illinois, they should have all the protection of Illinois law.
Current law lacks clear, enforceable standards of conduct for staff and caregiver necessary to strengthen protections for youth, enforcement mechanisms for failures to provide that care, and affirmative obligations to prevent discriminatory treatment regardless of a youth’s placement type or location. The SECURE Act addresses this by enshrining enforceable standards of conduct, providing explicit nondiscrimination protections for youth, and mandating specific protective measures for youth placed out placed out of state that requires:
- Pre-placement planning for out of state care (either individual families or facilities)
- Regular, direct contact for youth out of state with an Illinois-based worker
- Appointment of counsel for out of state youth at high risk of being deprived of lawful health care guaranteed under Illinois law
- Court oversight
We know that youth in the DCFS system suffer higher rates of trauma and unmet health needs. And we know that many states have laws that prohibit people – including youth – from accessing medical care (including reproductive health care and gender-affirming care) and other services. A young person under the care of Illinois deserves to access all the care that is permissible in our state. HB4966 extends these protections.
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