Section 270.412  Verified and Substantiated Finding and Notice to Caregiver

a)         Within five business days after allegations of abuse, neglect or financial exploitation by a caregiver toward a victim have been found to be verified and substantiated by an APS provider agency, that agency is to notify the Department's Office of Adult Protective Services (Office) and forward a complete copy of all case records of the victim to the Department. The APS provider agency will also provide the Office with any additional information requested.

b)         The Office will review the case file as a quality assurance measure to ensure correct interpretation and application of:

1)         the Act, administrative rules, and standards; and

2)         sufficient documented evidence of abuse, neglect or financial exploitation.

c)         Notice to Caregiver

1)         If the Office concurs with the verified and substantiated finding, the Department will notify the caregiver, within 30 calendar days after the Department's receipt of the case record, that his or her name will be recommended for Registry placement. The notice is to include:

A)        the statement of allegations from the abuse report and the substantiation decision from the final investigative report contained in the case record of the victim maintained by an APS provider agency;

B)        a statement that the Department intends to place the caregiver's identity on the Registry;

C)        information about the caregiver's right to contest placement on the Registry, including grounds for appeal and applicable legal burden; and

D)        the identification number assigned by the Department.

2)         If the Office does not concur with the verified and substantiated finding, the Department will inform the caregiver and his or her employer, if applicable, within 30 calendar days after the receipt of the case record, that his or her name will not be recommended for Registry placement.

3)         Notice to the caregiver is presumed to have been received four calendar days after the date on the notice.

4)         Notice will be sent via regular pre-paid, first-class mail to the caregiver's last known address.

(Source:  Added at 42 Ill. Reg. 9226, effective July 1, 2018)