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91_SB0818eng
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1 AN ACT concerning disabled adults.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Mental Health and Developmental
5 Disabilities Administrative Act is amended by changing
6 Section 66 as follows:
7 (20 ILCS 1705/66) (from Ch. 91 1/2, par. 100-66)
8 Sec. 66. Domestic abuse of disabled adults. Pursuant to
9 the Domestic Abuse of Disabled Adults with Disabilities
10 Intervention Act, as appropriated funds become available, the
11 Department shall have the authority to provide developmental
12 disability or mental health services in state-operated
13 facilities or through Department supported community agencies
14 to eligible adults in substantiated cases of abuse, neglect
15 or exploitation on a priority basis and to waive current
16 eligibility requirements in an emergency pursuant to the
17 Domestic Abuse of Disabled Adults with Disabilities
18 Intervention Act. This Section shall not be interpreted to
19 be in conflict with standards for admission to residential
20 facilities as provided in the Mental Health and Developmental
21 Disabilities Code.
22 (Source: P.A. 89-507, eff. 7-1-97.)
23 Section 10. The Domestic Abuse of Disabled Adults
24 Intervention Act is amended by changing the Act title and
25 Sections 1, 5, 10, 15, 20, 25, 30, 35, 40, 45, 50, 55, and 60
26 as follows:
27 (20 ILCS 2435/Act title)
28 An Act concerning domestic abuse of adults with
29 disabilities, and amending a named Act.
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1 (Source: P.A. 87-658.)
2 (20 ILCS 2435/1) (from Ch. 23, par. 3395-1)
3 Sec. 1. Short title. This Act may be cited as the
4 Domestic Abuse of Adults with Disabilities Disabled Adults
5 Intervention Act.
6 (Source: P.A. 87-658.)
7 (20 ILCS 2435/5) (from Ch. 23, par. 3395-5)
8 Sec. 5. Legislative declaration and intent. The
9 Illinois General Assembly recognizes that many adult persons
10 with disabilities in this State are in need of protection
11 from domestic abuse, neglect, and exploitation, and that this
12 State has a responsibility to protect those persons while not
13 infringing on the individual's rights. Protection should
14 maintain the individual's rights, and, at the same time,
15 protect the individual from domestic abuse, neglect, and
16 exploitation. The General Assembly recognizes that many
17 services currently exist in the State but that access to
18 services is often involved and complicated. It is the intent
19 of the General Assembly to provide for the voluntary
20 reporting and assessment of alleged or suspected cases
21 detection and correction of domestic abuse, neglect, and
22 exploitation of adults with disabilities. It is intended
23 that the reporting of cases of domestic abuse, neglect, and
24 exploitation will cause the existing services in order for
25 the resources of the State to be utilized brought to bear in
26 an effort to prevent, reduce, or eliminate such further
27 domestic abuse, neglect, and exploitation.
28 (Source: P.A. 87-658.)
29 (20 ILCS 2435/10) (from Ch. 23, par. 3395-10)
30 Sec. 10. Purposes. This Act shall be liberally
31 construed and applied to promote its underlying purposes,
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1 which are to:
2 (a) prevent, reduce, and eliminate domestic abuse,
3 neglect, and exploitation of adults with disabilities adult
4 disabled persons;
5 (a-5) recognize abuse, neglect, and exploitation of
6 adults with disabilities as a serious problem which takes on
7 many forms, including physical abuse, sexual abuse, neglect,
8 and exploitation, and to facilitate accessibility of services
9 and remedies under the Act in order to provide immediate and
10 effective assistance and protection;
11 (b) provide for the reporting and assessment of permit
12 health care providers, medical professionals, social service
13 workers, and other citizens to voluntarily report alleged or
14 suspected domestic abuse, neglect, and exploitation of adults
15 with disabilities adult disabled persons;
16 (c) refer abused, neglected, and exploited adults with
17 disabilities adult disabled persons to appropriate State and
18 private agencies for emergency services, protective services,
19 and other assistance necessary to prevent further harm; and
20 (c-5) encourage and support the efforts of law
21 enforcement officers to provide immediate, effective
22 assistance and protection for adults with disabilities who
23 are abused, neglected, or exploited;
24 (c-7) support the expansion of civil and criminal
25 remedies for adults with disabilities who are abused,
26 neglected, or exploited; and
27 (d) collect information on the incidence of domestic
28 abuse, neglect, and exploitation of adults with disabilities
29 adult disabled persons and other data to aid in the
30 establishment, and coordination, and provision of adequate
31 services to adults with disabilities in a timely, appropriate
32 manner.
33 (Source: P.A. 87-658.)
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1 (20 ILCS 2435/15) (from Ch. 23, par. 3395-15)
2 Sec. 15. Definitions. As used in this Act:
3 "Abuse" means causing any physical injury, sexual, abuse
4 or mental injury to an adult with disabilities, including
5 exploitation of the adult's financial resources disabled
6 person inflicted by another individual or entity. Nothing
7 in this Act shall be construed to mean that an adult with
8 disabilities disabled person is a victim of abuse or neglect
9 for the sole reason that he or she is being furnished with or
10 relies upon treatment by spiritual means through prayer
11 alone, in accordance with the tenets and practices of a
12 recognized church or religious denomination. Nothing in this
13 Act shall be construed to mean that an adult with
14 disabilities is a victim of abuse because of health care
15 services provided or not provided by licensed health care
16 professionals.
17 "Adult with disabilities" means a person aged 18 through
18 59 who resides in a domestic living situation and whose
19 physical or mental disability impairs his or her ability to
20 seek or obtain protection from abuse, neglect, or
21 exploitation.
22 "Adult disabled person" means a person aged 18 through 59
23 who is a disabled person.
24 "Comprehensive rehabilitation" means those services
25 necessary and appropriate for increasing the potential for
26 independent living or gainful employment as applicable.
27 "Department" means the Department of Human Services.
28 "Secretary" means the Secretary of Human Services.
29 "Disabled person" means any person who, by reason of a
30 physical or mental impairment, is or may be expected to be
31 totally or partially incapacitated for independent living or
32 gainful employment.
33 "Adults with Disabilities Domestic Abuse Project" or
34 "project" means that program within the Office of Inspector
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1 General designated by the Department of Human Services
2 designated by the Secretary to receive and assess reports of
3 alleged or suspected domestic abuse, neglect, or exploitation
4 of adults with disabilities adult disabled persons.
5 "Domestic living situation" means a residence where the
6 adult with disabilities disabled person lives alone or with
7 his or her family or household members, a care giver, or
8 others or at a board and care home or other community-based
9 unlicensed facility, but is not:
10 (1) a licensed facility as defined in Section 1-113
11 of the Nursing Home Care Act.
12 (2) A life care facility as defined in the Life
13 Care Facilities Act.
14 (3) A home, institution, or other place operated by
15 the federal government, a federal agency, or the State.
16 (4) A hospital, sanitarium, or other institution,
17 the principal activity or business of which is the
18 diagnosis, care, and treatment of human illness through
19 the maintenance and operation of organized facilities and
20 that is required to be licensed under the Hospital
21 Licensing Act.
22 (5) A community living facility as defined in the
23 Community Living Facilities Licensing Act.
24 (6) A community-integrated living arrangement as
25 defined in the Community-Integrated Living Arrangements
26 Licensure and Certification Act or community residential
27 alternative as licensed under that Act. and not a
28 facility operated by the Department of Human Services as
29 successor to the Department of Mental Health and
30 Developmental Disabilities.
31 "Emergency" means a situation in which an adult with
32 disabilities is in disabled person's life or safety is in
33 imminent danger of death or great bodily harm.
34 "Exploitation" means the illegal, including tortious, use
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1 of an adult disabled person or of the assets or resources of
2 an adult with disabilities disabled person. Exploitation
3 includes, but is not limited to, the misappropriation of
4 assets or resources of an adult with disabilities disabled
5 person by undue influence, by breach of a fiduciary
6 relationship, by fraud, deception, or extortion, or by the
7 use of the assets or resources in a manner contrary to law.
8 "Family or household members" means a person who as a
9 family member, volunteer, or paid care provider has assumed
10 responsibility for all or a portion of the care of an adult
11 with disabilities who needs assistance with activities of
12 daily living includes spouses, former spouses, parents,
13 children, stepchildren and other persons related by blood or
14 marriage, persons who share or formerly shared a common
15 dwelling and persons who have or allegedly have a child in
16 common. Family or household members includes any person who
17 has the responsibility for an adult disabled person as a
18 result of a family relationship or who has assumed
19 responsibility for all or a portion of the care of an adult
20 disabled person voluntarily, or by express or implied
21 contract, or by court order.
22 "Neglect" means the another individual's or entity's
23 failure of another individual to provide an adult with
24 disabilities with or the willful withholding from an adult
25 with disabilities the necessities of life, including, but not
26 limited to, food, clothing, shelter, or medical care. to
27 exercise that degree of care toward an adult disabled person
28 that a reasonable person would exercise under the
29 circumstances and includes but is not limited to:
30 (1) the failure to take reasonable steps to protect
31 an adult disabled person from acts of abuse;
32 (2) the repeated, careless imposition of
33 unreasonable confinement;
34 (3) the failure to provide food, shelter, clothing,
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1 and personal hygiene to an adult disabled person who
2 requires that assistance;
3 (4) the failure to provide medical, rehabilitation,
4 and habilitation care for the physical and mental health
5 needs of an adult disabled person; or
6 (5) the failure to protect an adult disabled person
7 from health and safety hazards.
8 Nothing in the definition of "neglect" shall be construed to
9 impose a requirement that assistance be provided to an adult
10 with disabilities disabled person over his or her objection
11 in the absence of a court order, nor to create any new
12 affirmative duty to provide support, assistance, or
13 intervention to an adult with disabilities. Nothing in this
14 Act shall be construed to mean that an adult with
15 disabilities is a victim of neglect because of health care
16 services provided or not provided by licensed health care
17 professionals disabled person.
18 "Physical abuse" includes sexual abuse and means any of
19 the following:
20 (1) knowing or reckless use of physical force,
21 confinement, or restraint;
22 (2) knowing, repeated, and unnecessary sleep
23 deprivation; or
24 (3) knowing or reckless conduct which creates an
25 immediate risk of physical harm.
26 "Secretary" means the Secretary of Human Services.
27 "Sexual abuse" means touching, fondling, sexual threats,
28 sexually inappropriate remarks, or any other sexual activity
29 with an adult with disabilities when the adult with
30 disabilities is unable to understand, unwilling to consent,
31 threatened, or physically forced to engage in sexual
32 behavior.
33 "Rehabilitation" or "habilitation" means those vocational
34 or other appropriate services that increase the opportunities
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1 for independent functioning or gainful employment.
2 "Substantiated case" means a reported case of alleged or
3 suspected domestic abuse, neglect, or exploitation in which
4 the Adults with Disabilities Domestic Abuse Project staff,
5 after assessment, determines that there is reason to believe
6 abuse, neglect, or exploitation has occurred.
7 (Source: P.A. 89-507, eff. 7-1-97.)
8 (20 ILCS 2435/20) (from Ch. 23, par. 3395-20)
9 Sec. 20. Establishment of project. The Office of
10 Inspector General Department of Human Services shall
11 establish an Adults with Disabilities a Domestic Abuse
12 Project as provided in this Act for adults with disabilities
13 adult disabled persons who have been abused, neglected, or
14 exploited in domestic living situations.
15 (Source: P.A. 89-507, eff. 7-1-97.)
16 (20 ILCS 2435/25) (from Ch. 23, par. 3395-25)
17 Sec. 25. Reports of domestic abuse, neglect, or
18 exploitation of an adult with disabilities.
19 (a) Any person who has reasonable cause to believe
20 abuse, neglect, or exploitation of an adult with disabilities
21 has occurred may report this to the statewide telephone
22 number established under this Act. Any person, institution,
23 or agency may voluntarily report a case of alleged or
24 suspected domestic abuse, neglect, or exploitation of an
25 adult disabled person to the Domestic Abuse Project. Law
26 enforcement officers shall also continue to report incidents
27 of alleged abuse pursuant to the Illinois Domestic Violence
28 Act of 1986.
29 (b) Any person, institution, or agency making a report
30 or assessment under this Section in good faith, or providing
31 information, participating in an assessment, or taking
32 photographs or x-rays, shall be immune from any civil or
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1 criminal liability on account of making the report or
2 assessment, providing information, or participating in an
3 assessment, or on account of submitting or otherwise
4 disclosing the photographs or x-rays to the Adults with
5 Disabilities Domestic Abuse Project.
6 (c) The identity of a person making a report of alleged
7 or suspected domestic abuse, neglect, or exploitation under
8 this Section may be disclosed by the Office of Inspector
9 General Department or other agency provided for only with the
10 person's written consent or by court order.
11 (d) The privileged quality of communication between any
12 licensed health care professional or any other person who
13 reports abuse, neglect, or exploitation and his or her
14 patient or client shall not apply to situations involving
15 abused, neglected, or exploited adults with disabilities. Use
16 of a telecommunication device for the deaf constitutes an
17 oral report. Written reports may be taken, but cannot be
18 required.
19 (1) Any reporter who makes a report or any person
20 conducting an assessment under this Act shall testify
21 fully in any judicial or administrative proceeding
22 resulting from such report as to any evidence of abuse,
23 neglect, or exploitation and the cause thereof.
24 (2) No evidence shall be excluded by reason of any
25 common law or statutory privilege relating to
26 communications between the alleged abuser or the adult
27 with disabilities who is the subject of the report under
28 this Act and the person making the report or conducting
29 the assessment.
30 (e) All reports shall, if possible, include the name and
31 address of the adult with disabilities, the name and address
32 of the alleged abuser, if applicable, the nature and extent
33 of the suspected abuse, neglect, or exploitation, the
34 possible extent of the injury or condition as a result of the
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1 abuse, neglect, or exploitation, any evidence of previous
2 abuse, neglect, or exploitation, the time, date and location
3 of the incident, the name, address of the reporter, and any
4 other information that the reporter believes may be useful in
5 assessing the suspected abuse, neglect, or exploitation.
6 (f) The Office of Inspector General shall refer evidence
7 of crimes against an adult with disabilities to the
8 appropriate law enforcement agency according to Office of
9 Inspector General policies. A referral to law enforcement
10 may be made at any time. When the Office of Inspector General
11 has reason to believe that the death of an adult with
12 disabilities may be the result of abuse, neglect, or
13 exploitation, the Office of Inspector General shall
14 immediately report the matter to the coroner or medical
15 examiner and shall cooperate fully with any subsequent
16 investigation.
17 (g) Nothing in this Act shall preclude a person from
18 reporting an alleged act of abuse, neglect, or exploitation
19 of an adult with disabilities to a law enforcement agency.
20 (h) Nothing in this Act shall diminish the duty of law
21 enforcement officers to respond to and investigate incidents
22 of alleged abuse, neglect, and exploitation pursuant to the
23 Illinois Domestic Violence Act of 1986, when applicable.
24 (Source: P.A. 87-658.)
25 (20 ILCS 2435/30) (from Ch. 23, par. 3395-30)
26 Sec. 30. Statewide telephone number.
27 (a) There shall be a single, statewide, TTY accessible,
28 24-hour toll free telephone number established and maintained
29 by the Office of Inspector General Department that all
30 persons may use to report alleged or suspected domestic
31 abuse, neglect, or exploitation of an adult with disabilities
32 disabled person during normal business hours and equipped
33 with an automated telephone recording device to receive
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1 reports after the close of normal business hours.
2 (b) The Office of Inspector General Department shall
3 make every effort to publicize the statewide, TTY accessible,
4 24-hour toll free telephone number and to encourage public
5 understanding of and cooperation in reporting and eliminating
6 domestic abuse, neglect, and exploitation of adults with
7 disabilities adult disabled persons.
8 (c) The Office of Inspector General shall conduct
9 training at least annually for persons taking reports on the
10 statewide telephone number and persons conducting assessments
11 or making referrals for service plans.
12 (Source: P.A. 87-658.)
13 (20 ILCS 2435/35) (from Ch. 23, par. 3395-35)
14 Sec. 35. Assessment of reports.
15 (a) The Adults with Disabilities Domestic Abuse Project
16 shall, upon receiving a report of alleged or suspected
17 domestic abuse, neglect, or exploitation obtain and upon
18 receiving the consent of the subject of the report to,
19 conduct an assessment with respect to the report. The
20 assessment shall include, but not be limited to, a
21 face-to-face interview with the adult with disabilities
22 disabled person who is the subject of the report and may
23 include a visit to the residence of the adult with
24 disabilities, and interviews or consultations with service
25 agencies or individuals who may have knowledge of the adult
26 disabled person's circumstances of the adult with
27 disabilities. A determination shall be made whether each
28 report is substantiated. If the Office of Inspector General
29 determines that there is clear and substantial risk of death
30 or great bodily harm, it shall immediately secure or provide
31 emergency protective services for purposes of preventing
32 further abuse, neglect, or exploitation, and for safeguarding
33 the welfare of the person. Such services must be provided in
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1 the least restrictive environment commensurate with the adult
2 with disabilities' needs. If, after the assessment, the
3 Domestic Abuse Project determines that a case is
4 substantiated, it shall develop, with the consent of and in
5 consultation with the adult disabled person, a service plan
6 for the adult disabled person. The plan shall include
7 services and other supports which are appropriate to the
8 needs of the adult disabled person and which involve the
9 least restriction of the adult disabled person's activities
10 commensurate with his needs, such as those provided by the
11 Department's Home Services Program and supported community
12 agencies. Every effort shall be made by the Domestic Abuse
13 Project to coordinate and cooperate with public and private
14 agencies to ensure the provision of services necessary to
15 eliminate further domestic abuse, neglect, and exploitation
16 of the adult disabled person who is the subject of the
17 report.
18 (a-5) The Adults with Disabilities Abuse Project shall
19 initiate an assessment of all reports of alleged or suspected
20 abuse or neglect within 7 days after receipt of the report,
21 except reports of abuse or neglect that indicate that the
22 life or safety of an adult with disabilities is in imminent
23 danger shall be assessed within 24 hours after receipt of the
24 report. Reports of exploitation shall be assessed within 30
25 days after the receipt of the report.
26 (b) (Blank). The Domestic Abuse Project shall conduct an
27 assessment of all reports of alleged or suspected domestic
28 abuse or neglect within 7 days after receipt of the report,
29 except reports of abuse or neglect that indicate that an
30 adult disabled person's life or safety is in imminent danger
31 shall be assessed within 24 hours after receipt of the
32 report. Reports of exploitation shall be assessed within 30
33 days after the receipt of the report.
34 (c) The Department shall effect written interagency
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1 agreements with other State departments and any other public
2 and private agencies to coordinate and cooperate in the
3 handling of substantiated cases; to accept and manage
4 substantiated cases on a priority basis; and to waive
5 eligibility requirements for the adult with disabilities
6 disabled persons in an emergency.
7 (d) Every effort shall be made by the Adults with
8 Disabilities Abuse Project to coordinate and cooperate with
9 public and private agencies to ensure the provision of
10 services necessary to eliminate further abuse, neglect, and
11 exploitation of the adult with disabilities who is the
12 subject of the report.
13 The Office of Inspector General Department shall
14 promulgate rules and regulations to ensure the effective
15 implementation of the Adults with Disabilities Domestic Abuse
16 Project statewide.
17 (e) When the Adults with Disabilities Abuse Project
18 determines that a case is substantiated, it shall refer the
19 case to the appropriate office within the Department of Human
20 Services to develop, with the consent of and in consultation
21 with the adult with disabilities, a service plan for the
22 adult with disabilities.
23 (f) The Adults with Disabilities Abuse Project shall
24 refer reports of alleged or suspected abuse, neglect, or
25 exploitation to another State agency when that agency has a
26 statutory obligation to investigate such reports.
27 (g) If the Adults with Disabilities Abuse Project has
28 reason to believe that a crime has been committed, the
29 incident shall be reported to the appropriate law enforcement
30 agency.
31 (Source: P.A. 89-507, eff. 7-1-97.)
32 (20 ILCS 2435/40) (from Ch. 23, par. 3395-40)
33 Sec. 40. Assessment and Service plan periods. The
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1 Department shall by rule establish the period of time within
2 which an assessment shall begin and within which a service
3 plan shall be implemented and the duration of the plan. The
4 rules shall provide for an expedited response to emergency
5 situations.
6 (Source: P.A. 87-658.)
7 (20 ILCS 2435/45) (from Ch. 23, par. 3395-45)
8 Sec. 45. Consent.
9 (a) If the Adults with Disabilities Domestic Abuse
10 Project has received a report of alleged or suspected abuse,
11 neglect, or exploitation with regard to an adult with
12 disabilities disabled person who lacks the capacity to
13 consent to an assessment or to services, the Adults with
14 Disabilities Domestic Abuse Project may seek, directly or
15 through another agency, the appointment of a temporary or
16 permanent guardian for assessment, provision of services, or
17 any other decision-making authority as is appropriate for the
18 individual as provided in Article XIa of the Probate Act of
19 1975 or other relief as provided under the Illinois Domestic
20 Violence Act of 1986.
21 (a-5) If the adult with disabilities consents to the
22 assessment, such assessment shall be conducted. If the adult
23 with disabilities consents to the services included in the
24 service plan, such services shall be provided. If the adult
25 with disabilities refuses or withdraws his or her consent to
26 the completion of the assessment, the assessment shall be
27 terminated. If the adult with disabilities refuses or
28 withdraws his or her consent to the provision of services,
29 the services shall not be provided.
30 (b) A guardian of the person of an adult with
31 disabilities disabled person who is abused, neglected, or
32 exploited by another individual in a domestic living
33 situation may consent to an assessment or to services being
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1 provided pursuant to the service plan. If the guardian is
2 alleged to be the perpetrator of the abuse, neglect, or
3 exploitation, the Adults with Disabilities Domestic Abuse
4 Project shall seek the appointment of a temporary substitute
5 guardian pursuant to Section 213.3 of the Illinois Domestic
6 Violence Act of 1986 under the provisions of Article XIa of
7 the Probate Act of 1975. If a guardian withdraws his consent
8 or refuses to allow an assessment or services to be provided
9 to the adult with disabilities, the Adults with Disabilities
10 Domestic Abuse Project may seek directly or through another
11 agency a court order request an order of protection under the
12 Illinois Domestic Violence Act of 1986 seeking appropriate
13 remedies, and may in addition request removal of the guardian
14 and appointment of a successor guardian pursuant to Article
15 XIa of the Probate Act of 1975.
16 (c) For the purposes of this Section only, "lacks the
17 capacity to consent" shall mean that the adult with
18 disabilities disabled person reasonably appears to be unable
19 by reason of physical or mental condition to receive and
20 evaluate information related to the assessment or services,
21 or to communicate decisions related to the assessment or
22 services in the manner in which the person communicates.
23 (Source: P.A. 90-655, eff. 7-30-98.)
24 (20 ILCS 2435/50) (from Ch. 23, par. 3395-50)
25 Sec. 50. Access of an adult with disabilities disabled
26 persons.
27 (a) No person shall obstruct or impede the access of an
28 adult with disabilities disabled person to the Adults with
29 Disabilities Domestic Abuse Project nor obstruct or impede
30 the assessment of domestic abuse, neglect, or exploitation of
31 an adult with disabilities disabled person if the adult
32 consents to the assessment. If a person does so obstruct or
33 impede the access of an adult with disabilities disabled
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1 person or assessment of domestic abuse, neglect, or
2 exploitation of the adult, local law enforcement agencies
3 shall take all appropriate action to assist the party seeking
4 access in petitioning for a warrant or an ex parte injunctive
5 order. The warrant or order may issue upon a showing of
6 probable cause to believe that the adult with disabilities
7 disabled person is the subject of domestic abuse, neglect, or
8 exploitation that constitutes a criminal offense or that any
9 other criminal offense is occurring that affects the
10 interests or welfare of the adult disabled person. When,
11 from the personal observations of a law enforcement officer,
12 it appears probable that delay of entry in order to obtain a
13 warrant or order would cause the adult with disabilities
14 disabled person to be in imminent danger of death or great
15 bodily harm, entry may be made by the law enforcement officer
16 after an announcement of the officer's authority and purpose.
17 (b) Pursuant to applicable State and federal law and
18 regulation, the reporting, assessment, and provision of
19 services shall be fully accessible to adults with
20 disabilities.
21 (Source: P.A. 87-658.)
22 (20 ILCS 2435/55) (from Ch. 23, par. 3395-55)
23 Sec. 55. Access to records. All records concerning
24 reports of domestic abuse, neglect, or exploitation of an
25 adult with disabilities disabled persons and all records
26 generated as a result of the reports shall be confidential
27 and shall not be disclosed except as specifically authorized
28 by this Act or other applicable law. Access to the records,
29 but not access to the identity of the person or persons
30 making a report of alleged domestic abuse, neglect, or
31 exploitation as contained in the records, shall be allowed to
32 the following persons and for the following purposes:
33 (a) Adults with Disabilities Domestic Abuse Project
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1 staff in the furtherance of their responsibilities under this
2 Act;
3 (b) A law enforcement agency investigating alleged or
4 suspected domestic abuse, neglect, or exploitation of an
5 adult with disabilities disabled persons;
6 (c) An adult with disabilities disabled person reported
7 to be abused, neglected, or exploited, or the adult disabled
8 person's guardian of an adult with disabilities unless the
9 guardian is the alleged perpetrator of the abuse, neglect, or
10 exploitation;
11 (d) A court, upon its finding that access to the records
12 may be necessary for the determination of an issue before the
13 court. However, the access shall be limited to an in camera
14 inspection of the records, unless the court determines that
15 disclosure of the information contained therein is necessary
16 for the resolution of an issue then pending before it;
17 (e) A grand jury, upon its determination that access to
18 the records is necessary to the conduct of its official
19 business;
20 (f) Any person authorized by the Secretary, in writing,
21 for audit or bona fide research purposes;
22 (g) A coroner or medical examiner who has reason to
23 believe that abuse or neglect contributed to or resulted in
24 the death of an adult with disabilities an adult disabled
25 person has died as the result of domestic abuse or neglect;
26 (h) The agency designated pursuant to the Protection and
27 Advocacy for Developmentally Disabled Persons Act and the
28 Protection and Advocacy for Mentally Ill Persons Act.
29 (Source: P.A. 89-507, eff. 7-1-97.)
30 (20 ILCS 2435/60) (from Ch. 23, par. 3395-60)
31 Sec. 60. Annual reports. The Office of Inspector
32 General Department shall file with the Governor and the
33 General Assembly, within 90 days after the end of each fiscal
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1 year, a report concerning its implementation of the Domestic
2 Abuse Project during each fiscal year, together with any
3 recommendations for future implementation. The annual report
4 shall include data on numbers of reports received, numbers of
5 reports substantiated, and unsubstantiated, number of
6 referrals to law enforcement and other referral resources,
7 numbers of assessments and service plans completed, and
8 protective services provided. The report shall also include
9 information on public education efforts engaged in, and
10 training provided to persons or agencies who are responsible
11 for the Act's implementation.
12 (Source: P.A. 87-658.)
13 (20 ILCS 2435/65 rep.)
14 Section 15. The Domestic Abuse of Disabled Adults
15 Intervention Act is amended by repealing Section 65.
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