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SB0340 Engrossed |
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LRB095 07142 DRJ 27269 b |
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| AN ACT concerning aging.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Elder Abuse and Neglect Act is amended by |
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| changing Section 3 as follows:
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| (320 ILCS 20/3) (from Ch. 23, par. 6603)
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| Sec. 3. Responsibilities.
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| (a) The Department shall establish,
design and manage a |
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| program of response and services for persons 60 years
of age |
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| and
older who have been, or are alleged to be, victims of |
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| abuse, neglect, financial exploitation, or self-neglect. The |
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| Department
shall contract with or fund or, contract with and |
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| fund, regional
administrative
agencies, provider
agencies, or |
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| both, for the provision of those
functions, and, contingent on |
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| adequate funding, with attorneys or legal
services provider |
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| agencies for the
provision of legal assistance pursuant to this |
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| Act.
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| (b) Each regional administrative agency shall designate |
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| provider
agencies within its planning and service area with |
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| prior approval by the
Department on Aging, monitor the use of |
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| services, provide technical
assistance to the provider |
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| agencies and be involved in program development
activities.
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| (c) Provider agencies shall assist, to the extent possible, |
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SB0340 Engrossed |
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LRB095 07142 DRJ 27269 b |
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| eligible
adults who need agency
services to allow them to |
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| continue to function independently. Such
assistance shall |
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| include but not be limited to receiving reports of alleged
or |
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| suspected abuse, neglect, financial exploitation,
or |
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| self-neglect, conducting face-to-face assessments of
such |
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| reported cases, determination of substantiated cases, referral |
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| of
substantiated cases for necessary support services,
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| referral of criminal conduct to law enforcement in accordance |
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| with Department
guidelines,
and provision of case
work and |
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| follow-up services on substantiated cases.
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| A provider agency shall provide an emergency response |
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| system to handle reports of alleged or suspected abuse or |
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| neglect that places an eligible adult at imminent risk of |
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| injury or death that are received during non-business hours, on |
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| weekends, and on holidays. This requirement may be satisfied by |
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| (i) using an on-call system or (ii) providing a local emergency |
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| provider agency number for a local law enforcement agency to |
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| call when, upon investigation, there is probable cause to |
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| believe that the eligible adult is a victim of abuse or neglect |
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| that has placed him or her at imminent risk of injury or death. |
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| Referral procedures shall be defined by a Memorandum of |
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| Understanding between the provider agency and the local law |
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| enforcement agency. The Department shall maintain an |
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| up-to-date listing of all provider agencies' on-call or |
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| emergency numbers.
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| (d) By January 1, 2008, the Department on Aging, in |
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LRB095 07142 DRJ 27269 b |
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| cooperation with an Elder Self-Neglect Steering Committee, |
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| shall by rule develop protocols, procedures, and policies for |
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| (i) responding to reports of possible self-neglect, (ii) |
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| protecting the autonomy, rights, privacy, and privileges of |
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| adults during investigations of possible self-neglect and |
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| consequential judicial proceedings regarding competency, (iii) |
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| collecting and sharing relevant information and data among the |
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| Department, provider agencies, regional administrative |
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| agencies, and relevant seniors, (iv) developing working |
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| agreements between provider agencies and law enforcement, |
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| where practicable, and (v) developing procedures for |
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| collecting data regarding incidents of self-neglect. The Elder |
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| Self-Neglect Steering Committee shall be comprised of one |
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| person selected by the Elder Abuse Advisory Committee of the |
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| Department on Aging; 3 persons selected, on the request of the |
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| Director of Aging, by State or regional organizations that |
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| advocate for the rights of seniors, at least one of whom shall |
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| be a legal assistance attorney who represents seniors in |
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| competency proceedings; 2 persons selected, on the request of |
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| the Director of Aging, by statewide organizations that |
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| represent social workers and other persons who provide direct |
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| intervention and care to housebound seniors who are likely to |
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| neglect themselves; an expert on geropsychiatry, appointed by |
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| the Secretary of Human Services; an expert on issues of |
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| physical health associated with seniors, appointed by the |
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| Director of Public Health; one representative of a law |
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LRB095 07142 DRJ 27269 b |
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| enforcement agency; one representative of the Chicago |
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| Department on Aging; and 3 other persons selected by the |
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| Director of Aging, including an expert from an institution of |
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| higher education who is familiar with the relevant areas of |
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| data collection and study.
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| (Source: P.A. 94-1064, eff. 1-1-07.)
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| Section 99. Effective date. This Act takes effect upon |
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| becoming law.
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