Union Sues Illinois Over Downsizing Plans at Choate Mental Health Facility

In late July, the Illinois Department of Human Services (IDHS) announced intentions to significantly cut staffing and patient beds for individuals with mental illness and developmental disabilities. As of August 1, Choate had 75 mental health beds and 150 beds for individuals with developmental disabilities. The state's plan aims to eliminate all psychiatric beds and retain only 40 beds for forensic patients, those admitted through the courts.

This downsizing could impact approximately half of Choate’s nearly 500 staff members. The lawsuit, filed Tuesday in Union County Circuit Court, names the state of Illinois, Pritzker, IDHS, and IDHS Secretary Dulce Quintero as defendants. It claims violations of three state laws and seeks a court order to block key aspects of the downsizing.

AFSCME alleges IDHS violated the Health Facilities Planning Act by not securing the necessary permits or exemptions for the planned changes, which, they contend, alter the facility’s scope and capacity significantly. The lawsuit also references possible violations of the Illinois State Facilities Closure Act, arguing that plans to shut the psychiatric hospital trigger this law's requirements. Furthermore, the suit asserts that the downsizing contravenes the Mental Health Inpatient Facility Access Act, which restricts reductions to state-operated mental health beds.

The Pritzker administration maintains that the necessity for mental health beds is greater in northern Illinois and plans to phase out Choate’s 75 civil psychiatric beds by March while expanding services at Madden Mental Health Center near Chicago. However, AFSCME contends that this shift is premature, citing insufficient availability of state-operated psychiatric beds elsewhere and expressing concerns about diminishing access to care in southern Illinois.

The lawsuit requests the court to prevent the elimination of Choate’s psychiatric operation and mandates IDHS to maintain 75 inpatient psychiatric beds until comparable beds are established in other facilities. It also aims to halt layoffs linked to the psychiatric closure until these replacement beds are created.

This is the second lawsuit challenging the downsizing. Earlier in the month, Union County State’s Attorney Tyler Tripp, along with Sheriff David Wilkins and a legal guardian of a Choate resident, filed a separate suit that has since been moved to federal court. Their claims also focus on the reduction of psychiatric beds and its broader implications on access to mental health services in the region.

The ongoing lawsuits raise significant questions about the future of mental health services in Illinois, particularly in light of recent investigations revealing issues at Choate. Governor Pritzker has highlighted the long-standing problems at the facility, and his administration's efforts to implement reforms are meant to maintain service availability while addressing these concerns. An IDHS spokesperson has not provided comments on the pending litigation.