Choate Workers' Union Sues Illinois Over Planned Facility Downsizing

In late July, the Illinois Department of Human Services (IDHS) informed staff of plans to significantly decrease staff and reduce the number of beds available for mental health and developmental disability patients. As of August 1, Choate had 75 mental health beds and 150 developmental disability beds. The new state plan proposes to eliminate all psychiatric beds and retain only 40 beds for individuals with developmental disabilities, designated specifically for forensic patients who are referred through the courts.

This downsizing could lead to the loss of approximately half of Choate’s 500 employees, most of whom are represented by AFSCME. The lawsuit was filed on Tuesday in Union County Circuit Court, with Union County State's Attorney Tyler Tripp and AFSCME Local 141 President Tina Winfield joining as plaintiffs. The complaint names the state of Illinois, Pritzker, IDHS, and IDHS Secretary Dulce Quintero as defendants.

Local governments in southern Illinois have also voiced their opposition to the proposed cuts and job losses at Choate through formal resolutions.

In the lawsuit, AFSCME alleges that IDHS violated the Health Facilities Planning Act by failing to acquire necessary permits before the reduction of Choate's operations. They claim that the proposed changes significantly affect the facility's scope and reduce bed capacity, triggering the law’s requirements.

Additionally, the lawsuit cites violations of the Illinois State Facilities Closure Act, arguing that the planned phase-out of psychiatric services at Choate necessitates compliance with this act, even though the campus itself will not fully close. It also contends that the state's plan contravenes the Mental Health Inpatient Facility Access Act, which was enacted in 2022 to prevent further reductions in publicly funded psychiatric services.

The Pritzker administration has suggested that the need for mental health beds is greater in northern Illinois, indicating plans to phase out Choate’s psychiatric beds by March while increasing capacity at the Madden Mental Health Center near Chicago. AFSCME argues that this shift would lead to decreased access to inpatient psychiatric care in southern Illinois.

The lawsuit seeks to block the state from eliminating Choate’s psychiatric services and mandates the maintenance of 75 psychiatric beds until new beds are created at other facilities. It also aims to halt layoffs associated with the psychiatric closure until these additional beds are established.

AFSCME claims that the state abruptly reversed prior assurances regarding Choate's future. Earlier in 2023, state officials indicated that there would be no facility closures or layoffs. However, in late July, the state announced plans to cease Choate's general developmental disability operation by September 30 and to phase out its mental health operation by March.

AFSCME Council 31 Executive Director Roberta Lynch stated that the union members at Choate are dedicated to the individuals they support and that southern Illinois requires these essential services, which the laws are designed to protect.

This lawsuit is the second to be filed regarding the downsizing; a prior case was initiated by Tripp, Sheriff David Wilkins, and the legal guardian of a Choate resident, which has since moved to federal court and incorporates claims about the broader implications of reducing psychiatric bed availability.

An IDHS spokesperson declined to comment on the ongoing litigation. Governor Pritzker has defended the downsizing decision, pointing to long-standing issues at Choate, which have been highlighted in investigations revealing patterns of abuse and coverups at the facility. He noted that if these challenges could not be addressed, the closure of the facility would become necessary.