Public Act 096-0526
 
HB3967 Enrolled LRB096 08013 DRJ 18117 b

    AN ACT concerning aging.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Elder Abuse and Neglect Act is amended by
changing Sections 2, 3, 4, 8, 9, and 13 as follows:
 
    (320 ILCS 20/2)  (from Ch. 23, par. 6602)
    Sec. 2. Definitions. As used in this Act, unless the
context requires otherwise:
    (a) "Abuse" means causing any physical, mental or sexual
injury to an eligible adult, including exploitation of such
adult's financial resources.
    Nothing in this Act shall be construed to mean that an
eligible adult is a victim of abuse, neglect, or self-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
eligible adult is a victim of abuse because of health care
services provided or not provided by licensed health care
professionals.
    (a-5) "Abuser" means a person who abuses, neglects, or
financially exploits an eligible adult.
    (a-7) "Caregiver" means a person who either as a result of
a family relationship, voluntarily, or in exchange for
compensation has assumed responsibility for all or a portion of
the care of an eligible adult who needs assistance with
activities of daily living.
    (b) "Department" means the Department on Aging of the State
of Illinois.
    (c) "Director" means the Director of the Department.
    (d) "Domestic living situation" means a residence where the
eligible adult lives alone or with his or her family or a
caregiver, or others, or 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;
        (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 or agency thereof or by the State of
    Illinois;
        (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
    therefor, which 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) (Blank) A "community residential alternative" as
    defined in the Community Residential Alternatives
    Licensing Act;
        (7) A "community-integrated living arrangement" as
    defined in the Community-Integrated Living Arrangements
    Licensure and Certification Act;
        (8) An assisted living or shared housing establishment
    as defined in the Assisted Living and Shared Housing Act;
    or
        (9) A supportive living facility as described in
    Section 5-5.01a of the Illinois Public Aid Code.
    (e) "Eligible adult" means a person 60 years of age or
older who resides in a domestic living situation and is, or is
alleged to be, abused, neglected, or financially exploited by
another individual or who neglects himself or herself.
    (f) "Emergency" means a situation in which an eligible
adult is living in conditions presenting a risk of death or
physical, mental or sexual injury and the provider agency has
reason to believe the eligible adult is unable to consent to
services which would alleviate that risk.
    (f-5) "Mandated reporter" means any of the following
persons while engaged in carrying out their professional
duties:
        (1) a professional or professional's delegate while
    engaged in: (i) social services, (ii) law enforcement,
    (iii) education, (iv) the care of an eligible adult or
    eligible adults, or (v) any of the occupations required to
    be licensed under the Clinical Psychologist Licensing Act,
    the Clinical Social Work and Social Work Practice Act, the
    Illinois Dental Practice Act, the Dietetic and Nutrition
    Services Practice Act, the Marriage and Family Therapy
    Licensing Act, the Medical Practice Act of 1987, the
    Naprapathic Practice Act, the Nurse Practice Act, the
    Nursing Home Administrators Licensing and Disciplinary
    Act, the Illinois Occupational Therapy Practice Act, the
    Illinois Optometric Practice Act of 1987, the Pharmacy
    Practice Act, the Illinois Physical Therapy Act, the
    Physician Assistant Practice Act of 1987, the Podiatric
    Medical Practice Act of 1987, the Respiratory Care Practice
    Act, the Professional Counselor and Clinical Professional
    Counselor Licensing Act, the Illinois Speech-Language
    Pathology and Audiology Practice Act, the Veterinary
    Medicine and Surgery Practice Act of 2004, and the Illinois
    Public Accounting Act;
        (2) an employee of a vocational rehabilitation
    facility prescribed or supervised by the Department of
    Human Services;
        (3) an administrator, employee, or person providing
    services in or through an unlicensed community based
    facility;
        (4) any religious practitioner who provides treatment
    by prayer or spiritual means alone in accordance with the
    tenets and practices of a recognized church or religious
    denomination, except as to information received in any
    confession or sacred communication enjoined by the
    discipline of the religious denomination to be held
    confidential;
        (5) field personnel of the Department of Healthcare and
    Family Services, Department of Public Health, and
    Department of Human Services, and any county or municipal
    health department;
        (6) personnel of the Department of Human Services, the
    Guardianship and Advocacy Commission, the State Fire
    Marshal, local fire departments, the Department on Aging
    and its subsidiary Area Agencies on Aging and provider
    agencies, and the Office of State Long Term Care Ombudsman;
        (7) any employee of the State of Illinois not otherwise
    specified herein who is involved in providing services to
    eligible adults, including professionals providing medical
    or rehabilitation services and all other persons having
    direct contact with eligible adults;
        (8) a person who performs the duties of a coroner or
    medical examiner; or
        (9) a person who performs the duties of a paramedic or
    an emergency medical technician.
    (g) "Neglect" means another individual's failure to
provide an eligible adult with or willful withholding from an
eligible adult the necessities of life including, but not
limited to, food, clothing, shelter or health care. This
subsection does not create any new affirmative duty to provide
support to eligible adults. Nothing in this Act shall be
construed to mean that an eligible adult is a victim of neglect
because of health care services provided or not provided by
licensed health care professionals.
    (h) "Provider agency" means any public or nonprofit agency
in a planning and service area appointed by the regional
administrative agency with prior approval by the Department on
Aging to receive and assess reports of alleged or suspected
abuse, neglect, or financial exploitation.
    (i) "Regional administrative agency" means any public or
nonprofit agency in a planning and service area so designated
by the Department, provided that the designated Area Agency on
Aging shall be designated the regional administrative agency if
it so requests. The Department shall assume the functions of
the regional administrative agency for any planning and service
area where another agency is not so designated.
    (i-5) "Self-neglect" means a condition that is the result
of an eligible adult's inability, due to physical or mental
impairments, or both, or a diminished capacity, to perform
essential self-care tasks that substantially threaten his or
her own health, including: providing essential food, clothing,
shelter, and health care; and obtaining goods and services
necessary to maintain physical health, mental health,
emotional well-being, and general safety.
    (j) "Substantiated case" means a reported case of alleged
or suspected abuse, neglect, financial exploitation, or
self-neglect in which a provider agency, after assessment,
determines that there is reason to believe abuse, neglect, or
financial exploitation has occurred.
(Source: P.A. 94-1064, eff. 1-1-07; 95-639, eff. 10-5-07;
95-689, eff. 10-29-07; 95-876, eff. 8-21-08.)
 
    (320 ILCS 20/3)  (from Ch. 23, par. 6603)
    Sec. 3. Responsibilities.
    (a) The Department shall establish, design and manage a
program of response and services for persons 60 years of age
and older who have been, or are alleged to be, victims of
abuse, neglect, financial exploitation, or self-neglect. The
Department shall contract with or fund or, contract with and
fund, regional administrative agencies, provider agencies, or
both, for the provision of those functions, and, contingent on
adequate funding, with attorneys or legal services provider
agencies for the provision of legal assistance pursuant to this
Act.
    (b) Each regional administrative agency shall designate
provider agencies within its planning and service area with
prior approval by the Department on Aging, monitor the use of
services, provide technical assistance to the provider
agencies and be involved in program development activities.
    (c) Provider agencies shall assist, to the extent possible,
eligible adults who need agency services to allow them to
continue to function independently. Such assistance shall
include but not be limited to receiving reports of alleged or
suspected abuse, neglect, financial exploitation, or
self-neglect, conducting face-to-face assessments of such
reported cases, determination of substantiated cases, referral
of substantiated cases for necessary support services,
referral of criminal conduct to law enforcement in accordance
with Department guidelines, and provision of case work and
follow-up services on substantiated cases. In the case of a
report of alleged or suspected abuse or neglect that places an
eligible adult at risk of injury or death, a provider agency
shall respond to the report on an emergency basis in accordance
with guidelines established by the Department by
administrative rule and shall ensure that it is capable of
responding to such a report 24 hours per day, 7 days per week.
A provider agency may use an on-call system to respond to
reports of alleged or suspected abuse or neglect after hours
and on weekends.
    (d) Upon sufficient appropriations to implement a
statewide program, the Department shall implement a program,
based on the recommendations of the Elder Self-Neglect Steering
Committee, By January 1, 2008, the Department on Aging, in
cooperation with an Elder Self-Neglect Steering Committee,
shall by rule develop protocols, procedures, and policies for
(i) responding to reports of possible self-neglect, (ii)
protecting the autonomy, rights, privacy, and privileges of
adults during investigations of possible self-neglect and
consequential judicial proceedings regarding competency, (iii)
collecting and sharing relevant information and data among the
Department, provider agencies, regional administrative
agencies, and relevant seniors, (iv) developing working
agreements between provider agencies and law enforcement,
where practicable, and (v) developing procedures for
collecting data regarding incidents of self-neglect. The Elder
Self-Neglect Steering Committee shall be comprised of one
person selected by the Elder Abuse Advisory Committee of the
Department on Aging; 3 persons selected, on the request of the
Director of Aging, by State or regional organizations that
advocate for the rights of seniors, at least one of whom shall
be a legal assistance attorney who represents seniors in
competency proceedings; 2 persons selected, on the request of
the Director of Aging, by statewide organizations that
represent social workers and other persons who provide direct
intervention and care to housebound seniors who are likely to
neglect themselves; an expert on geropsychiatry, appointed by
the Secretary of Human Services; an expert on issues of
physical health associated with seniors, appointed by the
Director of Public Health; one representative of a law
enforcement agency; one representative of the Chicago
Department on Aging; and 3 other persons selected by the
Director of Aging, including an expert from an institution of
higher education who is familiar with the relevant areas of
data collection and study.
(Source: P.A. 94-1064, eff. 1-1-07; 95-76, eff. 6-1-08.)
 
    (320 ILCS 20/4)  (from Ch. 23, par. 6604)
    Sec. 4. Reports of abuse or neglect.
    (a) Any person who suspects the abuse, neglect, financial
exploitation, or self-neglect of an eligible adult may report
this suspicion to an agency designated to receive such reports
under this Act or to the Department.
    (a-5) If any mandated reporter has reason to believe that
an eligible adult, who because of dysfunction is unable to seek
assistance for himself or herself, has, within the previous 12
months, been subjected to abuse, neglect, or financial
exploitation, the mandated reporter shall, within 24 hours
after developing such belief, report this suspicion to an
agency designated to receive such reports under this Act or to
the Department. Whenever a mandated reporter is required to
report under this Act in his or her capacity as a member of the
staff of a medical or other public or private institution,
facility, board and care home, or agency, he or she shall make
a report to an agency designated to receive such reports under
this Act or to the Department in accordance with the provisions
of this Act and may also notify the person in charge of the
institution, facility, board and care home, or agency or his or
her designated agent that the report has been made. Under no
circumstances shall any person in charge of such institution,
facility, board and care home, or agency, or his or her
designated agent to whom the notification has been made,
exercise any control, restraint, modification, or other change
in the report or the forwarding of the report to an agency
designated to receive such reports under this Act or to the
Department. The privileged quality of communication between
any professional person required to report and his or her
patient or client shall not apply to situations involving
abused, neglected, or financially exploited eligible adults
and shall not constitute grounds for failure to report as
required by this Act.
    (a-7) A person making a report under this Act in the belief
that it is in the alleged victim's best interest shall be
immune from criminal or civil liability or professional
disciplinary action on account of making the report,
notwithstanding any requirements concerning the
confidentiality of information with respect to such eligible
adult which might otherwise be applicable.
    (a-9) Law enforcement officers shall continue to report
incidents of alleged abuse pursuant to the Illinois Domestic
Violence Act of 1986, notwithstanding any requirements under
this Act.
    (b) Any person, institution or agency participating in the
making of a report, providing information or records related to
a report, assessment, or services, or participating in the
investigation of a report under this Act in good faith, or
taking photographs or x-rays as a result of an authorized
assessment, shall have immunity from any civil, criminal or
other liability in any civil, criminal or other proceeding
brought in consequence of making such report or assessment or
on account of submitting or otherwise disclosing such
photographs or x-rays to any agency designated to receive
reports of alleged or suspected abuse or neglect. Any person,
institution or agency authorized by the Department to provide
assessment, intervention, or administrative services under
this Act shall, in the good faith performance of those
services, have immunity from any civil, criminal or other
liability in any civil, criminal, or other proceeding brought
as a consequence of the performance of those services. For the
purposes of any civil, criminal, or other proceeding, the good
faith of any person required to report, permitted to report, or
participating in an investigation of a report of alleged or
suspected abuse, neglect, or financial exploitation, or
self-neglect shall be presumed.
    (c) The identity of a person making a report of alleged or
suspected abuse, or neglect, financial exploitation, or
self-neglect under this Act may be disclosed by the Department
or other agency provided for in this Act only with such
person's written consent or by court order.
    (d) The Department shall by rule establish a system for
filing and compiling reports made under this Act.
    (e) Any physician who willfully fails to report as required
by this Act shall be referred to the Illinois State Medical
Disciplinary Board for action in accordance with subdivision
(A)(22) of Section 22 of the Medical Practice Act of 1987. Any
dentist or dental hygienist who willfully fails to report as
required by this Act shall be referred to the Department of
Professional Regulation for action in accordance with
paragraph 19 of Section 23 of the Illinois Dental Practice Act.
Any other mandated reporter required by this Act to report
suspected abuse, neglect, or financial exploitation who
willfully fails to report the same is guilty of a Class A
misdemeanor.
(Source: P.A. 93-300, eff. 1-1-04; 93-301, eff. 1-1-04;
94-1064, eff. 1-1-07.)
 
    (320 ILCS 20/8)  (from Ch. 23, par. 6608)
    Sec. 8. Access to records. All records concerning reports
of elder abuse, neglect, financial exploitation, or
self-neglect and all records generated as a result of such
reports shall be confidential and shall not be disclosed except
as specifically authorized by this Act or other applicable law.
In accord with established law and Department protocols,
procedures, and policies, access to such records, but not
access to the identity of the person or persons making a report
of alleged abuse, neglect, financial exploitation, or
self-neglect as contained in such records, shall be provided,
upon request, to the following persons and for the following
persons:
        (1) Department staff, provider agency staff, other
    aging network staff, and regional administrative agency
    staff, including staff of the Chicago Department on Aging
    while that agency is designated as a regional
    administrative agency, in the furtherance of their
    responsibilities under this Act;
        (2) A law enforcement agency investigating known or
    suspected elder abuse, neglect, financial exploitation, or
    self-neglect. Where a provider agency has reason to believe
    that the death of an eligible adult may be the result of
    abuse or neglect, the agency shall immediately provide the
    appropriate law enforcement agency with all records
    pertaining to the eligible adult;
        (3) A physician who has before him or her or who is
    involved in the treatment of an eligible adult whom he or
    she reasonably suspects may be abused, neglected,
    financially exploited, or self-neglected or who has been
    referred to the Elder Abuse and Neglect Program;
        (4) An eligible adult reported to be abused, neglected,
    financially exploited, or self-neglected, or such adult's
    authorized guardian or agent, unless such guardian or agent
    is the abuser or the alleged abuser;
        (4.5) An executor or administrator of the estate of an
    eligible adult who is deceased;
        (5) In cases regarding elder abuse, neglect, or
    financial exploitation, a court or a guardian ad litem,
    upon its or his or her finding that access to such records
    may be necessary for the determination of an issue before
    the court. However, such access shall be limited to an in
    camera inspection of the records, unless the court
    determines that disclosure of the information contained
    therein is necessary for the resolution of an issue then
    pending before it;
        (5.5) In cases regarding self-neglect, a guardian ad
    litem;
        (6) A grand jury, upon its determination that access to
    such records is necessary in the conduct of its official
    business;
        (7) Any person authorized by the Director, in writing,
    for audit or bona fide research purposes;
        (8) A coroner or medical examiner who has reason to
    believe that an eligible adult has died as the result of
    abuse, neglect, financial exploitation, or self-neglect.
    The provider agency shall immediately provide the coroner
    or medical examiner with all records pertaining to the
    eligible adult; and
        (8.5) A coroner or medical examiner having proper
    jurisdiction, pursuant to a written agreement between a
    provider agency and the coroner or medical examiner, under
    which the provider agency may furnish to the office of the
    coroner or medical examiner a list of all eligible adults
    who may be at imminent risk of death as a result of abuse,
    neglect, financial exploitation, or self-neglect; and
        (9) Department of Professional Regulation staff and
    members of the Social Work Examining and Disciplinary Board
    in the course of investigating alleged violations of the
    Clinical Social Work and Social Work Practice Act by
    provider agency staff.
(Source: P.A. 94-1064, eff. 1-1-07.)
 
    (320 ILCS 20/9)  (from Ch. 23, par. 6609)
    Sec. 9. Authority to consent to services.
    (a) If an eligible adult consents to services being
provided according to the case service care plan, such services
shall be arranged to meet the adult's needs, based upon the
availability of resources to provide such services. If an adult
withdraws his or her consent or refuses to accept such
services, the services shall not be provided.
    (b) If it reasonably appears to the Department or other
agency designated under this Act that a person is an eligible
adult and lacks the capacity to consent to necessary services,
including an assessment, the Department or other agency may
seek the appointment of a guardian as provided in Article XIa
of the Probate Act of 1975 for the purpose of consenting to
such services, together with an order for an evaluation of the
eligible adult's physical, psychological, and medical
condition and decisional capacity.
    (c) A guardian of the person of an eligible adult may
consent to services being provided according to the case
service care plan. If an eligible adult lacks capacity to
consent to services, an agent having authority under a power of
attorney may consent to services. If the a guardian or agent
withdraws his or her consent or refuses to allow services to be
provided to the eligible adult, the Department, an agency
designated under this Act, or the office of the Attorney
General may request a court order seeking appropriate remedies,
and may in addition request removal of the guardian and
appointment of a successor guardian or request removal of the
agent and appointment of a guardian.
    (d) If an emergency exists and the Department or other
agency designated under this Act reasonably believes that a
person is an eligible adult and lacks the capacity to consent
to necessary services, the Department or other agency may
request an ex parte order from the circuit court of the county
in which the petitioner or respondent resides or in which the
alleged abuse, neglect, financial exploitation, or
self-neglect occurred, authorizing an assessment of a report of
alleged or suspected abuse, neglect, financial exploitation,
or self-neglect or the provision of necessary services, or
both, including relief available under the Illinois Domestic
Violence Act of 1986 in accord with established law and
Department protocols, procedures, and policies. Petitions
filed under this subsection shall be treated as expedited
proceedings.
    (e) Within 15 days after the entry of the ex parte
emergency order, the order shall expire, or, if the need for
assessment or services continues, the provider agency shall
petition for the appointment of a guardian as provided in
Article XIa of the Probate Act of 1975 for the purpose of
consenting to such assessment or services or to protect the
eligible adult from further harm.
    (f) If the court enters an ex parte order under subsection
(d) for an assessment of a report of alleged or suspected
self-neglect, or for the provision of necessary services in
connection with alleged or suspected self-neglect, or for both,
the court, as soon as is practicable thereafter, shall appoint
a guardian ad litem for the eligible adult who is the subject
of the order, for the purpose of reviewing the reasonableness
of the order. The guardian ad litem shall review the order and,
if the guardian ad litem reasonably believes that the order is
unreasonable, the guardian ad litem shall file a petition with
the court stating the guardian ad litem's belief and requesting
that the order be vacated.
(Source: P.A. 94-1064, eff. 1-1-07.)
 
    (320 ILCS 20/13)
    Sec. 13. Access.
    (a) In accord with established law and Department
protocols, procedures, and policies, the designated provider
agencies shall have access to eligible adults who have been
reported or found to be victims of abuse, neglect, financial
exploitation, or self-neglect in order to assess the validity
of the report, assess other needs of the eligible adult, and
provide services in accordance with this Act.
    (b) Where access to an eligible adult is denied, the Office
of the Attorney General, the Department, or the provider agency
may petition the court for an order to require appropriate
access where:
        (1) a caregiver or third party has interfered with the
    assessment or service plan, or
        (2) the agency has reason to believe that the eligible
    adult is denying access because of coercion, extortion, or
    justifiable fear of future abuse, neglect, or financial
    exploitation.
    (c) The petition for an order requiring appropriate access
shall be afforded an expedited hearing in the circuit court.
    (d) If the elder abuse provider agency has substantiated
financial exploitation against an eligible adult, and has
documented a reasonable belief that the eligible adult will be
irreparably harmed as a result of the financial exploitation,
the Office of the Attorney General, the Department, or the
provider agency may petition for an order freezing the assets
of the eligible adult. The petition shall be filed in the
county or counties in which the assets are located. The court's
order shall prohibit the sale, gifting, transfer, or wasting of
the assets of the eligible adult, both real and personal, owned
by, or vested in, the eligible adult, without the express
permission of the court. The petition to freeze the assets of
the eligible adult shall be afforded an expedited hearing in
the circuit court.
(Source: P.A. 94-1064, eff. 1-1-07.)