Illinois General Assembly - Full Text of Public Act 097-0354
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Public Act 097-0354


 

Public Act 0354 97TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 097-0354
 
SB0086 EnrolledLRB097 02916 KTG 42940 b

    AN ACT concerning State government.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Abuse of Adults with Disabilities
Intervention Act is amended by changing Sections 15 and 60 as
follows:
 
    (20 ILCS 2435/15)  (from Ch. 23, par. 3395-15)
    Sec. 15. Definitions. As used in this Act:
    "Abuse" means causing any physical, sexual, or mental abuse
injury to an adult with disabilities, including exploitation of
the adult's financial resources. Nothing in this Act shall be
construed to mean that an adult with disabilities is a victim
of abuse or neglect for the sole reason that he or she is being
furnished with or relies upon treatment by spiritual means
through prayer alone, in accordance with the tenets and
practices of a recognized church or religious denomination.
Nothing in this Act shall be construed to mean that an adult
with disabilities is a victim of abuse because of health care
services provided or not provided by licensed health care
professionals.
    "Adult with disabilities" means a person aged 18 through 59
who resides in a domestic living situation and whose physical
or mental disability impairs his or her ability to seek or
obtain protection from abuse, neglect, or exploitation.
    "Department" means the Department of Human Services.
    "Adults with Disabilities Abuse Project" or "project"
means that program within the Office of Inspector General
designated by the Department of Human Services to receive and
assess reports of alleged or suspected abuse, neglect, or
exploitation of adults with disabilities.
    "Domestic living situation" means a residence where the
adult with disabilities lives alone or with his or her family
or household members, a care giver, or others or at a board and
care home or other community-based unlicensed facility, but is
not:
        (1) A licensed facility as defined in Section 1-113 of
    the Nursing Home Care Act or Section 1-113 of the MR/DD
    Community Care Act.
        (2) A life care facility as defined in the Life Care
    Facilities Act.
        (3) A home, institution, or other place operated by the
    federal government, a federal agency, or the State.
        (4) A hospital, sanitarium, or other institution, the
    principal activity or business of which is the diagnosis,
    care, and treatment of human illness through the
    maintenance and operation of organized facilities and that
    is required to be licensed under the Hospital Licensing
    Act.
        (5) A community living facility as defined in the
    Community Living Facilities Licensing Act.
        (6) A community-integrated living arrangement as
    defined in the Community-Integrated Living Arrangements
    Licensure and Certification Act or community residential
    alternative as licensed under that Act.
    "Emergency" means a situation in which an adult with
disabilities is in danger of death or great bodily harm.
    "Exploitation" means the illegal, including tortious, use
of the assets or resources of an adult with disabilities.
Exploitation includes, but is not limited to, the
misappropriation of assets or resources of an adult with
disabilities by undue influence, by breach of a fiduciary
relationship, by fraud, deception, or extortion, or by the use
of the assets or resources in a manner contrary to law.
    "Family or household members" means a person who as a
family member, volunteer, or paid care provider has assumed
responsibility for all or a portion of the care of an adult
with disabilities who needs assistance with activities of daily
living.
    "Financial exploitation" means the illegal, including
tortious, use of the assets or resources of an adult with
disabilities. Exploitation includes, but is not limited to, the
misappropriation of assets or resources of an adult with
disabilities by undue influence, by breach of a fiduciary
relationship, by fraud, deception, or extortion, or by the use
of the assets or resources in a manner contrary to law.
    "Mental abuse" means the infliction of emotional or mental
distress by a caregiver, a family member, or any person with
ongoing access to a person with disabilities by threat of harm,
humiliation, or other verbal or nonverbal conduct.
    "Neglect" means the failure of another individual to
provide an adult with disabilities with or the willful
withholding from an adult with disabilities the necessities of
life, including, but not limited to, food, clothing, shelter,
or medical care.
Nothing in the definition of "neglect" shall be construed to
impose a requirement that assistance be provided to an adult
with disabilities over his or her objection in the absence of a
court order, nor to create any new affirmative duty to provide
support, assistance, or intervention to an adult with
disabilities. Nothing in this Act shall be construed to mean
that an adult with disabilities is a victim of neglect because
of health care services provided or not provided by licensed
health care professionals.
    "Physical abuse" includes sexual abuse and means any of the
following acts:
        (1) knowing or reckless use of physical force,
    confinement, or restraint;
        (2) knowing, repeated, and unnecessary sleep
    deprivation; or
        (3) knowing or reckless conduct which creates an
    immediate risk of physical harm; or .
        (4) when committed by a caregiver, a family member, or
    any person with ongoing access to a person with
    disabilities, directing another person to physically abuse
    a person with disabilities.
    "Secretary" means the Secretary of Human Services.
    "Sexual abuse" means touching, fondling, sexual threats,
sexually inappropriate remarks, or any other sexual activity
with an adult with disabilities when the adult with
disabilities is unable to understand, unwilling to consent,
threatened, or physically forced to engage in sexual behavior.
Sexual abuse includes acts of sexual exploitation including,
but not limited to, facilitating or compelling an adult with
disabilities to become a prostitute, or receiving anything of
value from an adult with disabilities knowing it was obtained
in whole or in part from the practice of prostitution.
    "Substantiated case" means a reported case of alleged or
suspected abuse, neglect, or exploitation in which the Adults
with Disabilities Abuse Project staff, after assessment,
determines that there is reason to believe abuse, neglect, or
exploitation has occurred.
(Source: P.A. 96-339, eff. 7-1-10.)
 
    (20 ILCS 2435/60)  (from Ch. 23, par. 3395-60)
    Sec. 60. Annual reports. The Office of Inspector General
shall file with the Governor and the General Assembly, no later
than January 1 following the end of each fiscal year, within 90
days after the end of each fiscal year, a report concerning its
implementation of the Domestic Abuse Project during each fiscal
year, together with any recommendations for future
implementation. The annual report shall include data on numbers
of reports received, numbers of reports substantiated, and
unsubstantiated, number of referrals to law enforcement and
other referral resources, numbers of assessments and service
plans completed, and protective services provided. The report
shall also include information on public education efforts
engaged in, and training provided to persons or agencies who
are responsible for the Act's implementation.
(Source: P.A. 91-671, eff. 7-1-00.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/12/2011