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Legal filing: “Children are spending more time locked in psychiatric hospitals”

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* Hannah Meisel at the Daily Line

Cook County’s Public Guardian is urging a federal judge to accelerate a lawsuit that challenges the Department of Children and Family Services practice of allowing foster children to languish in psychiatric hospitals beyond medical need if the agency can’t find a place for a child, saying the situation has gotten worse.

Even though the suit was filed a year ago, the judge has yet to decide whether to dismiss the class action lawsuit. Lawyers for the state have repeatedly won extensions to offer additional information to support its efforts to dismiss the case.

The case could affect hundreds of foster children, but a ruling earlier this year by U.S. District Judge John Lee has also stymied efforts to allow the public guardian and state officials to begin collecting evidence to prove their arguments by issuing subpoenas.

“Over the past year since Plaintiffs filed suit, the problem has objectively worsened,” according to Wednesday’s filing. “Children are spending more time locked in psychiatric hospitals; Plaintiffs are at risk of being stuck [beyond medical need] under the same practices and policies that caused them to be class members, and the potential class size grows by the day.” […]

While DCFS officials said at a September hearing that they had added beds through state contractors in order to alleviate the problem, sources tell The Daily Line those beds are mostly considered shelter beds — beds not meant for a permanent placement.

posted by Rich Miller
Thursday, Nov 21, 19 @ 8:34 am

Comments

  1. >“Over the past year since Plaintiffs filed suit, the problem has objectively worsened,”

    Much appreciation to all who have pursued these lawsuits to force the state to do what it should. Shamefully, they are the only thing that move the needle in Illinois’ human service system.

    Comment by Earnest Thursday, Nov 21, 19 @ 9:35 am

  2. DCFS seems to have found their solution to this problem - offices doubling as beds for wards.

    Comment by anon Thursday, Nov 21, 19 @ 9:48 am

  3. DCFS has been losing this battle for years. Keeping children beyond medical necessity is costly and has no federal reimbursement

    It does not seem possible to fix this by contracting with private agencies. At least that solution has not worked for the last decade.

    This needs a systemic review. Having state run facilities should be an option considered. I know many people hate that idea. But what we do now does not work.

    Comment by Last Bull Moose Thursday, Nov 21, 19 @ 10:19 am

  4. I agree with Last Bull Moose. If there either aren’t enough beds with DCFS’ partners, or more likely those “partners” just don’t want to deal with difficult children and offload them onto the hospital, then the state needs to pick up the slack. Meaning state run orphanages, basically, instead of paying private orphanages (whatever DCFS wants to call them) to take the easiest kids and neglect the difficult ones.

    Comment by Perrid Thursday, Nov 21, 19 @ 10:45 am

  5. It’s time for more Illinoisans to step up to the plate and become foster parents. If you were on the fence, go for it. You’ll be glad you did.

    Comment by Da Big Bad Wolf Thursday, Nov 21, 19 @ 10:59 am

  6. I worked in the human service world for many years. We received many adult referrals with the same severe behavioral issues being discussed. There was always a need for serious support systems and well trained staff to work with people having involved/complicated behavior. What always came up was a state payment rate that resulted in low staff pay (under $12 hr with no benefits which led to high turn over) and often did not cover actual operational costs. Finding physicians, psychologists, and other professionals for this population was/is difficult again because of rates. Children are going to stay in psychiatric settings because there is literally fewer places willing to accept them unless a huge adjustment comes to the rate structure. Start paying direct care staff $15-$18 hr will draw very good staff in good numbers. Cover real costs (including work comp cost, intense training, and facility management) in a community setting and you will find many more providers willing to take a chance with this population. Trouble has always been getting the state to acknowledge real costs outside of the state facility system.

    Comment by zatoichi Thursday, Nov 21, 19 @ 11:16 am

  7. It is not a matter of the private agencies not stepping up. I run one of those agencies. It is a matter of the state of Illinois wanting to pay 85 cents on the dollar to do a minimal job let alone the cost to do a high quality job! Many Residential centers have closed over the years for this reason and even if the rates were significantly increased, where does the capital come from to now build or rehab new facilities>

    Comment by Proud Thursday, Nov 21, 19 @ 11:17 am

  8. Sounds like the real costs of housing these kids promptly after hospitalization are high and our fearless politicians would rather the courts ordered the state to pay what’s required rather than take responsibility for allocating the money themselves. Otherwise, what’s the holdup. I really doubt either DCFS or its contractors are deliberately allowing this situation to persist.

    But-if this is a management problem-that is, resources exist but they aren’t matched to the kids fast enough-then it’s time for the governor’s office to intervene. Governors own, as commenters here are fond of saying.

    Comment by Cassandra Thursday, Nov 21, 19 @ 12:28 pm

  9. As a person working in agency, perhaps Proud would be willing comment on this:

    Missouri has been paying certain foster parents, who have to go through lots of specialized training, to take care of kids like these. I want to say they pay around $35k/year.

    I want to say it’s been going on for almost 2 decades, and the person who commits to it basically agrees to be a full-time stay at home parent.

    But if it gets kids out of hospitals faster and keeps them out longer, in addition to helping the child do better in life and school, perhaps this would be a good program for Illinois to implement.

    With respect.

    Comment by Lynn S. Friday, Nov 22, 19 @ 8:48 am

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