HR1298 95TH GENERAL ASSEMBLY

HR1298 LRB095 21425 DRJ 50821 r

HOUSE RESOLUTION

WHEREAS, Research has demonstrated over and over that people with disabilities are far more likely to suffer from abuse and neglect and to become victims of crime than are people without disabilities; and

WHEREAS, In Illinois, responsibility for addressing abuse, neglect and/or exploitation of people with disabilities lies primarily with: the Department of Public Health (DPH), the Department of Children and Family Services (DCFS), the Department on Aging (DOA), and the Department of Human Services' Office of Inspector General (DHS/OIG); and

WHEREAS, Each of these agencies has responsibility for investigating abuse, neglect and/or exploitation of different populations in different settings; and

WHEREAS, Not all populations and not all settings are covered by the current investigatory system to address the abuse, neglect or exploitation of people with disabilities, resulting in serious gaps in protection; and

WHEREAS, The fragmented nature of Illinois' investigatory system has resulted in wide-spread confusion among the public on where to properly report incidents of abuse, neglect and/or exploitation of people with disabilities and also confusion among agency staff regarding the proper investigative body; and

WHEREAS, Many people with mental illness living in nursing homes in Illinois attend off-site psychiatric day programs that are not licensed, certified or regulated by any State or federal agency; consequently, there is no requirement or mechanism for reporting or investigating abuse, neglect or exploitation of the individuals in these programs; and

WHEREAS, The General Assembly has passed P.A. 95-0651, requiring all Illinois board and care homes to be licensed by DPH, which will presumably provide oversight of these facilities; however, due to the previous lack of oversight of board and care homes, their identities and locations are generally unknown; and

WHEREAS, Non-public therapeutic day schools serving students (aged 6-21) with disabilities in Illinois are subject to less stringent regulations regarding use of restraints and isolated time-outs, are not strictly monitored, and are not required to report allegations of abuse or neglect to the Illinois State Board of Education (ISBE), leaving children in these settings with fewer protections than those in other settings; and

WHEREAS, Federal and State law require Illinois to maintain an information registry relating to individuals who are qualified to work in settings that serve adults or children with disabilities and also those individuals who are prohibited from such employment due to substantiated findings of abuse, neglect or exploitation; and

WHEREAS, DPH maintains a Health Care Worker Registry containing the names of certain health care staff working in facilities serving adults that are licensed, funded or certified by DPH or DHS, who have received required training and are subject to a criminal background check; and

WHEREAS, DCFS maintains a separate registry, known as the State Central Register, containing the names of and information relating to individuals who have abused or neglected children; and

WHEREAS, There is no cross-checking requirement or mechanism between the two registries, making it possible for an abuser to switch from working with one age group to the other; and

WHEREAS, To be effective, investigatory systems charged with responsibility for addressing abuse and neglect of people with disabilities must provide a comprehensive and cohesive structure that ensures the safety and well-being of the people the system is mandated to protect; and

WHEREAS, Illinois' current investigatory system has been mandated to address an ever-increasing set of issues and settings without being provided increased resources needed to effectively protect people with disabilities from abuse, neglect and exploitation; and

WHEREAS, Equip for Equality (EFE) is the organization designated to implement the federal Protection and Advocacy (P&A) system for people with disabilities in Illinois; and

WHEREAS, Over the last five years, EFE has conducted hundreds of unannounced visits to public and private facilities and programs for people with disabilities, reviewed records, identified, monitored and investigated dangerous conditions and practices, issued recommendations, and distributed alerts to service providers; and

WHEREAS, As a result of those activities, EFE has identified and made recommendations regarding these and other inadequacies in Illinois' investigatory system to address the abuse, neglect and/or exploitation of people with disabilities, which are detailed in a public report entitled, "Ensuring the Safety of Children and Adults with Disabilities: Filling the Gaps in Illinois' System that Investigates Allegations of Abuse and Neglect"; and

WHEREAS, The Illinois Guardianship and Advocacy Commission (GAC) has identified further gaps in Illinois' investigatory system with respect to reports of abuse and/or neglect of people with mental illness in hospital settings; therefore, be it

RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIFTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that the Abuse and Neglect Investigatory System Work Group is created to study and recommend how Illinois' investigatory system to address the abuse, neglect and exploitation of people with disabilities should be changed to provide a comprehensive, cohesive system that provides maximum protection for the safety and well-being of people with disabilities of all ages and in all settings; and be it further

RESOLVED, That due to its unique position and experience, the General Assembly requests that Equip for Equality convene and head the Work Group; and be it further

RESOLVED, That additional members of the Work Group shall include at least one representative each from DPH, DCFS, DOA, DHS, DHS/OIG, DHFS, GAC, and ISBE; and be it further

RESOLVED, That Equip for Equality shall invite other disability advocacy groups and individuals with disabilities to serve as members of the Work Group; and be it further

RESOLVED, That the designated State agencies shall cooperate and participate with Equip for Equality in this collaborative effort and shall provide any necessary research, office or meeting space, or other assistance; and be it further

RESOLVED, That the Work Group shall, consistent with Equip for Equality's public report and the findings of GAC, develop recommendations and a plan for closing the gaps in Illinois' current investigatory system and improving its overall effectiveness, to include the implementation of a statewide centralized hotline for reporting incidents of abuse and neglect; and be it further

RESOLVED, That the Work Group shall further consider and make recommendations regarding possible funding sources to meet the increasing demands on Illinois' investigatory system to address abuse, neglect and exploitation of people with disabilities; and be it further

RESOLVED, That the Work Group shall submit its recommendations and plan to the General Assembly no later than May 31, 2009.