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1 | AN ACT concerning State government.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Abuse of Adults with Disabilities | ||||||||||||||||||||||||
5 | Intervention Act is amended by changing Sections 15, 25, 30, | ||||||||||||||||||||||||
6 | 35, 40, and 45 and by adding Section 63 as follows:
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7 | (20 ILCS 2435/15) (from Ch. 23, par. 3395-15)
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8 | Sec. 15. Definitions. As used in this Act:
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9 | "Abuse" means causing any physical, sexual,
or mental abuse | ||||||||||||||||||||||||
10 | to an
adult with disabilities, including exploitation of the | ||||||||||||||||||||||||
11 | adult's financial
resources. Nothing
in this Act shall be | ||||||||||||||||||||||||
12 | construed to mean that an adult with disabilities is a
victim | ||||||||||||||||||||||||
13 | of abuse or neglect for the sole reason
that
he or she is being
| ||||||||||||||||||||||||
14 | furnished with or relies upon treatment by spiritual means | ||||||||||||||||||||||||
15 | through prayer
alone, in accordance with the tenets and | ||||||||||||||||||||||||
16 | practices of a recognized church
or religious denomination.
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17 | Nothing in this Act shall be construed to mean that an adult | ||||||||||||||||||||||||
18 | with
disabilities is a victim of abuse because of health care | ||||||||||||||||||||||||
19 | services provided or
not provided by licensed health care | ||||||||||||||||||||||||
20 | professionals.
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21 | "Adult with disabilities" means a person aged 18 through 59 | ||||||||||||||||||||||||
22 | who resides in
a domestic living
situation and whose physical | ||||||||||||||||||||||||
23 | or mental disability impairs his or her ability to
seek or |
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| |||||||
1 | obtain
protection from abuse, neglect, or exploitation.
| ||||||
2 | "Consent" means the ability to understand and appreciate | ||||||
3 | the nature and consequences of making decisions concerning | ||||||
4 | one's welfare in the absence of undue influence, imitation, or | ||||||
5 | coercion, including, but not limited to, the nature and | ||||||
6 | consequences of making provisions for health or mental health | ||||||
7 | care, food, shelter, clothing, safety, or financial affairs. | ||||||
8 | The ability to give consent may be reasonably determined by an | ||||||
9 | investigator based on an assessment or investigative findings, | ||||||
10 | observation, or a medical or mental health evaluation performed | ||||||
11 | by a physician or psychologist at the request of the | ||||||
12 | investigator. | ||||||
13 | "Department" means the Department of Human Services.
| ||||||
14 | "Adults with Disabilities Abuse Project" or "project" | ||||||
15 | means
that program within the Office of Inspector General | ||||||
16 | designated by the
Department of Human Services to receive and | ||||||
17 | assess reports of alleged or
suspected abuse, neglect, or | ||||||
18 | exploitation of adults with
disabilities.
| ||||||
19 | "Domestic living situation" means a residence where the | ||||||
20 | adult with
disabilities lives alone or with his or her family | ||||||
21 | or household members, a care
giver, or others or
at a board and | ||||||
22 | care home or other community-based unlicensed facility, but is
| ||||||
23 | not:
| ||||||
24 | (1) A licensed facility as defined in Section 1-113 of | ||||||
25 | the Nursing Home
Care Act or Section 1-113 of the ID/DD | ||||||
26 | Community Care Act or Section 1-113 of the Specialized |
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| |||||||
1 | Mental Health Rehabilitation Act.
| ||||||
2 | (2) A life care facility as defined in the Life Care | ||||||
3 | Facilities Act.
| ||||||
4 | (3) A home, institution, or other place operated by the | ||||||
5 | federal
government, a federal agency, or the State.
| ||||||
6 | (4) A hospital, sanitarium, or other institution, the | ||||||
7 | principal activity
or business of which is the diagnosis, | ||||||
8 | care, and treatment of human illness
through the | ||||||
9 | maintenance and operation of organized facilities and that | ||||||
10 | is
required to be licensed under the Hospital Licensing | ||||||
11 | Act.
| ||||||
12 | (5) A community living facility as defined in the | ||||||
13 | Community Living
Facilities Licensing Act.
| ||||||
14 | (6) A community-integrated living arrangement as | ||||||
15 | defined in the
Community-Integrated Living Arrangements | ||||||
16 | Licensure and Certification Act or
community residential | ||||||
17 | alternative as licensed under that Act.
| ||||||
18 | "Emergency" means a situation in which an adult with | ||||||
19 | disabilities is in danger of death or great bodily harm.
| ||||||
20 | "Family or household members" means a person who as a | ||||||
21 | family member,
volunteer, or paid care provider has assumed | ||||||
22 | responsibility for all or a
portion of the care of an adult | ||||||
23 | with disabilities who needs assistance with
activities of daily | ||||||
24 | living.
| ||||||
25 | "Financial exploitation" means the illegal, including | ||||||
26 | tortious, use of the assets or resources of an adult with
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| |||||||
1 | disabilities.
Exploitation includes, but is not limited to, the | ||||||
2 | misappropriation of
assets or resources of an adult with | ||||||
3 | disabilities by
undue influence, by
breach of a fiduciary | ||||||
4 | relationship, by fraud, deception, or extortion, or
by the use | ||||||
5 | of the assets or resources in a manner contrary to law. | ||||||
6 | "Mental abuse" means the infliction of emotional or mental | ||||||
7 | distress by a caregiver, a family member, or any person with | ||||||
8 | ongoing access to a person with disabilities by threat of harm, | ||||||
9 | humiliation, or other verbal or nonverbal conduct. | ||||||
10 | "Neglect" means the failure of
another individual to | ||||||
11 | provide an adult with disabilities with or the willful
| ||||||
12 | withholding from an adult with disabilities the necessities of | ||||||
13 | life, including,
but not limited to, food, clothing, shelter, | ||||||
14 | or medical care.
| ||||||
15 | Nothing in the definition of "neglect" shall be construed to | ||||||
16 | impose a
requirement that assistance be provided to an adult | ||||||
17 | with disabilities over
his or her objection in the absence of a | ||||||
18 | court order, nor to create any new
affirmative duty to provide | ||||||
19 | support, assistance, or intervention to an
adult with | ||||||
20 | disabilities. Nothing in this Act shall be construed to mean | ||||||
21 | that
an adult with disabilities is a
victim of neglect because | ||||||
22 | of health care services provided or not provided by
licensed
| ||||||
23 | health care professionals.
| ||||||
24 | "Physical abuse" means any of the following acts:
| ||||||
25 | (1) knowing or reckless use of physical force, | ||||||
26 | confinement, or restraint;
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| |||||||
1 | (2) knowing, repeated, and unnecessary sleep | ||||||
2 | deprivation;
| ||||||
3 | (3) knowing or reckless conduct which creates an | ||||||
4 | immediate risk of
physical harm; or
| ||||||
5 | (4) when committed by a caregiver, a family member, or | ||||||
6 | any person with ongoing access to a person with | ||||||
7 | disabilities, directing another person to physically abuse | ||||||
8 | a person with disabilities. | ||||||
9 | "Secretary" means the Secretary of Human Services.
| ||||||
10 | "Service plan" means a temporary plan of the actions | ||||||
11 | developed to address the service or support needs of an adult | ||||||
12 | with disabilities. | ||||||
13 | "Sexual abuse" means touching, fondling, sexual threats, | ||||||
14 | sexually
inappropriate remarks,
or any other sexual activity | ||||||
15 | with an adult with disabilities when the adult
with | ||||||
16 | disabilities
is unable to understand, unwilling to consent, | ||||||
17 | threatened, or physically forced
to engage
in sexual behavior. | ||||||
18 | Sexual abuse includes acts of sexual exploitation including, | ||||||
19 | but not limited to, facilitating or compelling an adult with | ||||||
20 | disabilities to become a prostitute, or receiving anything of | ||||||
21 | value from an adult with disabilities knowing it was obtained | ||||||
22 | in whole or in part from the practice of prostitution.
| ||||||
23 | "Substantiated case" means a reported case of alleged or | ||||||
24 | suspected abuse,
neglect, or exploitation in which the Adults | ||||||
25 | with
Disabilities Abuse
Project staff, after assessment, | ||||||
26 | determines that there is reason to believe
abuse, neglect, or |
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1 | exploitation has occurred.
| ||||||
2 | (Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11; 97-227, | ||||||
3 | eff. 1-1-12; 97-354, eff. 8-12-11; revised 9-7-11.)
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4 | (20 ILCS 2435/25) (from Ch. 23, par. 3395-25)
| ||||||
5 | Sec. 25.
Reports of abuse, neglect, or exploitation of an
| ||||||
6 | adult with disabilities.
| ||||||
7 | (a) Any person who has reasonable cause to believe abuse, | ||||||
8 | neglect, or
exploitation
of an adult with
disabilities has | ||||||
9 | occurred may report this to the statewide telephone number
| ||||||
10 | established under
this Act.
| ||||||
11 | (b) Any person, institution, or agency making a report or
| ||||||
12 | assessment
under this Section in good faith, or providing | ||||||
13 | information, participating in
an assessment, or taking | ||||||
14 | photographs or x-rays, shall be immune from any
civil or | ||||||
15 | criminal liability on account of making the report or | ||||||
16 | assessment,
providing information, or participating in an | ||||||
17 | assessment, or on account of
submitting or otherwise disclosing | ||||||
18 | the photographs or x-rays to the
Adults with Disabilities Abuse | ||||||
19 | Project.
| ||||||
20 | (c) The identity of a person making a report of alleged or
| ||||||
21 | suspected abuse, neglect, or exploitation under this Section | ||||||
22 | may be
disclosed by the Office of Inspector General only with | ||||||
23 | the
person's written consent or by court order.
| ||||||
24 | (d) The
privileged quality of communication between any | ||||||
25 | licensed health care
professional or any other person who |
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| |||||||
1 | reports abuse, neglect, or exploitation
and his or her patient | ||||||
2 | or client shall not apply to situations involving
abused, | ||||||
3 | neglected, or
exploited adults with disabilities.
Use of a | ||||||
4 | telecommunication device for the deaf
constitutes an oral
| ||||||
5 | report. Written reports may be taken, but cannot be required.
| ||||||
6 | (e) All reports shall, if possible, include the name and | ||||||
7 | address of the
adult with
disabilities, the name and address of | ||||||
8 | the alleged abuser, if applicable, the
nature and
extent of the | ||||||
9 | suspected abuse, neglect, or exploitation, the possible extent | ||||||
10 | of
the injury or
condition as a result of the abuse, neglect, | ||||||
11 | or exploitation, any evidence of
previous abuse,
neglect, or | ||||||
12 | exploitation, the time, date and location of the incident, the
| ||||||
13 | name, address of
the reporter, and any other information that | ||||||
14 | the reporter believes may be
useful in
assessing the suspected | ||||||
15 | abuse, neglect, or exploitation.
| ||||||
16 | (f) The Office of Inspector General shall refer evidence of | ||||||
17 | crimes against
an adult
with disabilities to the appropriate | ||||||
18 | law enforcement agency immediately upon finding evidence of a | ||||||
19 | crime according to Office
of
Inspector General policies . A | ||||||
20 | referral to law enforcement may be made at any
time.
Upon the | ||||||
21 | death of an adult with disabilities where a complaint or report | ||||||
22 | of alleged abuse, neglect, or exploitation was made prior to | ||||||
23 | the person's death pursuant to this Act, regardless of whether | ||||||
24 | the complaint or report was substantiated or unsubstantiated | ||||||
25 | and regardless of whether consent was given for an assessment, | ||||||
26 | the Office of Inspector General shall immediately report the |
| |||||||
| |||||||
1 | matter orally to both the appropriate (i) law enforcement | ||||||
2 | agency and (ii) coroner or medical examiner. | ||||||
3 | Oral reports made pursuant to this subsection shall be | ||||||
4 | confirmed in writing. Such written reports shall, at a minimum, | ||||||
5 | contain information regarding (1) the prior complaint or report | ||||||
6 | of alleged abuse, neglect, or exploitation of the deceased | ||||||
7 | adult with disabilities, the deceased adult with disabilities, | ||||||
8 | and the reporter, upon the reporter's consent pursuant to this | ||||||
9 | Act; (2) actions taken or not taken by the Office of Inspector | ||||||
10 | General or the Department upon receiving the complaint or | ||||||
11 | report of alleged abuse, neglect, or exploitation; (3) the | ||||||
12 | personnel from the Department and the Office of Inspector | ||||||
13 | General who were involved in investigating the compliant or | ||||||
14 | report of alleged abuse, neglect, or exploitation; and (4) as | ||||||
15 | available and applicable, the case numbers for the Department, | ||||||
16 | the Office of Inspector General, law enforcement, and the | ||||||
17 | coroner or medical examiner. The Office of Inspector General | ||||||
18 | shall also maintain a copy of the written report and shall | ||||||
19 | document subsequent action, if any, by the appropriate law | ||||||
20 | enforcement agency. | ||||||
21 | Upon the completion of the coroner's report and the law | ||||||
22 | enforcement agency's investigation, the Office of Inspector | ||||||
23 | General shall forward its written report, the coroner's report, | ||||||
24 | and the law enforcement agency's final investigative report to | ||||||
25 | the Attorney General. | ||||||
26 | When the Office of Inspector General has reason to believe |
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| |||||||
1 | that the death of
an adult
with disabilities may be the result | ||||||
2 | of abuse, neglect, or exploitation, the
Office of
Inspector | ||||||
3 | General shall immediately report the matter to the coroner or | ||||||
4 | medical
examiner
and shall cooperate fully with any subsequent | ||||||
5 | investigation.
| ||||||
6 | (g) Nothing in this Act shall preclude a person from | ||||||
7 | reporting an alleged
act of abuse,
neglect, or exploitation of | ||||||
8 | an adult with disabilities to a law enforcement
agency.
| ||||||
9 | (h) Nothing in this Act shall diminish the duty of law | ||||||
10 | enforcement officers
to respond
to and investigate incidents of | ||||||
11 | alleged abuse, neglect, and exploitation
pursuant to the
| ||||||
12 | Illinois Domestic Violence Act of 1986, when applicable.
| ||||||
13 | (Source: P.A. 91-671, eff. 7-1-00.)
| ||||||
14 | (20 ILCS 2435/30) (from Ch. 23, par. 3395-30)
| ||||||
15 | Sec. 30. Statewide telephone number.
| ||||||
16 | (a) There shall be a single, statewide, TTY accessible, | ||||||
17 | 24-hour toll
free telephone number
established and maintained | ||||||
18 | by the Office of Inspector General that all persons
may use to
| ||||||
19 | report alleged or suspected abuse, neglect, or exploitation of | ||||||
20 | an
adult with disabilities.
| ||||||
21 | (b) The Office of Inspector General shall make every
effort | ||||||
22 | to publicize the statewide, TTY accessible, 24-hour
toll free | ||||||
23 | telephone number and to encourage public understanding of and
| ||||||
24 | cooperation in reporting and eliminating abuse, neglect, and
| ||||||
25 | exploitation of adults with disabilities.
|
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| |||||||
1 | (c) The Department shall establish minimum standards of | ||||||
2 | training and provide educational opportunities to qualify | ||||||
3 | investigators in the field of adults with disabilities abuse to | ||||||
4 | determine whether reports of alleged abuse, neglect, or | ||||||
5 | exploitation of disabled adult persons are substantiated. The | ||||||
6 | training must be conducted at least annually and shall include, | ||||||
7 | but need not be limited to, the following areas: | ||||||
8 | (1) The dynamics of adults with disabilities abuse, | ||||||
9 | neglect, or exploitation. | ||||||
10 | (2) The effects of adults with disabilities abuse, | ||||||
11 | neglect, or exploitation on adult and child victims. | ||||||
12 | (3) Information collection and preservation. | ||||||
13 | (4) Analysis of facts. | ||||||
14 | (5) Levels of evidence. | ||||||
15 | (6) Conclusions based on evidence. | ||||||
16 | (7) Interviewing skills, including specialized | ||||||
17 | training to interview people with unique needs or | ||||||
18 | disabilities. | ||||||
19 | (8) Report writing. | ||||||
20 | (9) Coordination and referral to other necessary | ||||||
21 | agencies such as law enforcement and judicial agencies. | ||||||
22 | (10) Human relations and cultural diversity. | ||||||
23 | (11) The dynamics of adults with disabilities abuse, | ||||||
24 | neglect, or exploitation within family networks and the | ||||||
25 | appropriate methods for interviewing relatives in the | ||||||
26 | course of the assessment or investigation. |
| |||||||
| |||||||
1 | (12) Protective services that are available to protect | ||||||
2 | alleged victims from further abuse, neglect, or | ||||||
3 | exploitation. | ||||||
4 | (13) Laws and procedures concerning adults with | ||||||
5 | disabilities abuse, neglect, or exploitation. | ||||||
6 | The training shall be developed in consultation with legal, | ||||||
7 | law enforcement, and mental health professionals with an | ||||||
8 | expertise in (i) adults with disabilities abuse, neglect, or | ||||||
9 | exploitation, or (ii) domestic abuse of disabled adults. The | ||||||
10 | Office of Inspector General shall conduct training at least
| ||||||
11 | annually
for persons
taking reports on the statewide telephone | ||||||
12 | number and persons conducting
assessments or making referrals | ||||||
13 | for service plans.
| ||||||
14 | (Source: P.A. 91-671, eff. 7-1-00.)
| ||||||
15 | (20 ILCS 2435/35) (from Ch. 23, par. 3395-35)
| ||||||
16 | Sec. 35. Assessment of reports.
| ||||||
17 | (a) The Adults with Disabilities Abuse Project
shall, upon | ||||||
18 | receiving a report of
alleged
or suspected abuse, neglect, or | ||||||
19 | exploitation obtain
the consent of the subject of the report to | ||||||
20 | conduct an assessment with
respect to the report. The | ||||||
21 | assessment shall include, but not be limited
to, a face-to-face | ||||||
22 | interview with the adult with disabilities who is the
subject | ||||||
23 | of the report and shall may include a visit to the residence of | ||||||
24 | the
adult with disabilities, and interviews or consultations | ||||||
25 | with service
agencies or individuals
who may have knowledge of |
| |||||||
| |||||||
1 | the circumstances of
the adult with disabilities.
A | ||||||
2 | determination shall be
made whether each report is | ||||||
3 | substantiated. The Office of Inspector General must notify the | ||||||
4 | proper law enforcement agency to investigate if a crime has | ||||||
5 | been committed. If the Office of Inspector General
determines
| ||||||
6 | that there is clear and substantial risk of death or great | ||||||
7 | bodily harm, it
shall immediately
secure or provide emergency | ||||||
8 | protective services for purposes of preventing
further abuse,
| ||||||
9 | neglect, or exploitation, and for safeguarding the welfare of | ||||||
10 | the person. Such
services
must be provided in the least | ||||||
11 | restrictive environment commensurate with the
adult with
| ||||||
12 | disabilities' needs.
| ||||||
13 | (a-5) The Adults with Disabilities Abuse Project shall | ||||||
14 | initiate an
assessment
of all reports
of alleged or suspected | ||||||
15 | abuse or neglect within 7 days after receipt of the
report, | ||||||
16 | except
reports of abuse or neglect that indicate that the life | ||||||
17 | or safety of an adult
with disabilities
is in imminent danger | ||||||
18 | shall be assessed within 24 hours after receipt of the
report.
| ||||||
19 | Reports of exploitation shall be assessed within 30 days after | ||||||
20 | the receipt of
the report.
| ||||||
21 | (b) (Blank).
| ||||||
22 | (c) The Department shall effect written interagency | ||||||
23 | agreements
with other
State
departments and any other public | ||||||
24 | and private agencies to coordinate and
cooperate in the | ||||||
25 | handling of substantiated cases; to accept and manage
| ||||||
26 | substantiated cases on a priority basis; and to waive |
| |||||||
| |||||||
1 | eligibility requirements
for the adult with disabilities in an | ||||||
2 | emergency.
| ||||||
3 | (d) Every effort shall be made by the Adults with | ||||||
4 | Disabilities Abuse
Project
to
coordinate and cooperate with | ||||||
5 | public and private agencies to ensure the
provision of
services | ||||||
6 | necessary to eliminate further abuse, neglect, and | ||||||
7 | exploitation of the
adult with
disabilities who is the subject | ||||||
8 | of the report.
| ||||||
9 | The Office of Inspector General shall
promulgate rules and | ||||||
10 | regulations to ensure the
effective implementation of the | ||||||
11 | Adults with Disabilities Abuse
Project statewide.
| ||||||
12 | (e) When the Adults with Disabilities Abuse Project | ||||||
13 | determines that a case
is
substantiated, it shall refer the | ||||||
14 | case to the appropriate office within the
Department of
Human | ||||||
15 | Services to develop, with the consent of and in consultation | ||||||
16 | with the
adult with
disabilities, a service plan for the adult | ||||||
17 | with disabilities.
| ||||||
18 | (f) The Adults with Disabilities Abuse Project shall refer | ||||||
19 | reports of
alleged or suspected
abuse, neglect, or exploitation | ||||||
20 | to another State agency when that agency has a
statutory
| ||||||
21 | obligation to investigate such reports.
| ||||||
22 | (g) If the Adults with Disabilities Abuse Project has | ||||||
23 | reason to believe that
a crime has
been committed, the incident | ||||||
24 | shall be reported to the appropriate law
enforcement
agency.
| ||||||
25 | (Source: P.A. 91-671, eff. 7-1-00.)
|
| |||||||
| |||||||
1 | (20 ILCS 2435/40) (from Ch. 23, par. 3395-40)
| ||||||
2 | Sec. 40. Service plan periods . A service plan shall be | ||||||
3 | developed for each adult with disabilities who is in need of | ||||||
4 | services and who accepts the services. When implemented, the | ||||||
5 | service plan shall be in place until the situation causing the | ||||||
6 | abuse, neglect, or exploitation of the adult with disabilities | ||||||
7 | is ameliorated. The Department shall by rule establish the | ||||||
8 | period of time within which a
service plan shall be
implemented | ||||||
9 | and the duration of the plan. The rules shall provide for an
| ||||||
10 | expedited response to
emergency situations.
| ||||||
11 | The Department shall implement a service plan for | ||||||
12 | substantiated cases within 14 calendar days after the report is | ||||||
13 | substantiated. In emergency situations, the Department shall | ||||||
14 | implement the service plan as soon as possible and in no event | ||||||
15 | later than 2 working days after the case is substantiated. All | ||||||
16 | appropriate emergency services shall remain in place until this | ||||||
17 | service plan is implemented. | ||||||
18 | This Section shall not be interpreted to preclude an | ||||||
19 | investigation into the death of a disabled adult who is the | ||||||
20 | subject of a pending complaint or report of alleged abuse, | ||||||
21 | neglect, or exploitation. | ||||||
22 | (Source: P.A. 91-671, eff. 7-1-00.)
| ||||||
23 | (20 ILCS 2435/45) (from Ch. 23, par. 3395-45)
| ||||||
24 | Sec. 45. Consent.
| ||||||
25 | (a) If the Adults with Disabilities Abuse
Project has |
| |||||||
| |||||||
1 | received a report of alleged or
suspected abuse, neglect, or | ||||||
2 | exploitation with regard to an adult with
disabilities who | ||||||
3 | lacks the capacity to consent to an assessment or to services,
| ||||||
4 | the Adults with Disabilities Abuse Project may seek, directly
| ||||||
5 | or through another agency,
the appointment of a temporary or | ||||||
6 | permanent guardian for assessment,
provision of services, or | ||||||
7 | any other decision-making authority as is appropriate
for the | ||||||
8 | individual as provided in Article
XIa of the Probate Act of | ||||||
9 | 1975 or other relief as provided under the
Illinois Domestic | ||||||
10 | Violence Act of 1986.
| ||||||
11 | (a-5) If the adult with disabilities consents to the | ||||||
12 | assessment, such
assessment shall be
conducted. If the adult | ||||||
13 | with disabilities consents to the services included in
the | ||||||
14 | service
plan, such services shall be provided. If the adult | ||||||
15 | with disabilities refuses
or withdraws
his or her consent to | ||||||
16 | the completion of the assessment, the assessment shall be
| ||||||
17 | terminated.
If the adult with disabilities refuses or withdraws | ||||||
18 | his or her consent to the
provision of
services, the services | ||||||
19 | shall not be provided. When a complaint or report of alleged | ||||||
20 | abuse, neglect, or exploitation is made, but consent is not | ||||||
21 | given or is withdrawn, and the adult with disabilities | ||||||
22 | subsequently dies, the Office of Inspector General shall report | ||||||
23 | the matter to the proper authorities pursuant to Section 25 of | ||||||
24 | this Act.
| ||||||
25 | (a-6) If a report of alleged or
suspected abuse, neglect, | ||||||
26 | or exploitation of an adult with
disabilities is made and it |
| |||||||
| |||||||
1 | reasonably appears to the investigator that the adult with
| ||||||
2 | disabilities lacks the capacity to consent to necessary | ||||||
3 | services, including an assessment, the Department shall seek, | ||||||
4 | directly or through another agency, the appointment of a | ||||||
5 | guardian as provided in Article XIa of the Probate Act of 1975 | ||||||
6 | for the purpose of consenting to such services, together with | ||||||
7 | an order for an evaluation of the eligible adult's physical, | ||||||
8 | psychological, and medical condition and decisional capacity. | ||||||
9 | (a-7) If a report of alleged or
suspected abuse, neglect, | ||||||
10 | or exploitation of an adult with
disabilities is made and the | ||||||
11 | investigator reasonably concludes that the adult with
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12 | disabilities has the capacity to consent and does not consent, | ||||||
13 | an assessment or services shall not be conducted. If a | ||||||
14 | subsequent report is made, the Department shall seek the | ||||||
15 | appointment of a guardian for the purpose of consenting to such | ||||||
16 | services, together with an order for an evaluation of the | ||||||
17 | eligible adult's physical, psychological, and medical | ||||||
18 | condition and decisional capacity, and an assessment shall be | ||||||
19 | conducted. | ||||||
20 | (a-8) If a report of alleged or
suspected abuse, neglect, | ||||||
21 | or exploitation of an adult with
disabilities is made and the | ||||||
22 | guardian of the adult with disabilities refuses consent to an | ||||||
23 | assessment, or subsequently withdraws consent, the Adults with | ||||||
24 | Disabilities Abuse Project shall seek directly or through | ||||||
25 | another agency a court order seeking appropriate remedies, and | ||||||
26 | may in addition request removal of the guardian and the |
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1 | appointment of a successor guardian pursuant to Article XIa of | ||||||
2 | the Probate Act of 1975. | ||||||
3 | (b) A guardian of the person of an adult with
disabilities | ||||||
4 | who is abused,
neglected, or exploited by another individual in | ||||||
5 | a domestic living
situation may consent to an assessment or to | ||||||
6 | services being provided
pursuant to the service plan. If the | ||||||
7 | guardian is alleged to be the
perpetrator of the abuse, | ||||||
8 | neglect, or exploitation, the Adults with
Disabilities Abuse
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9 | Project
shall, when there is an immediate and urgent necessity, | ||||||
10 | seek the appointment of a temporary substitute guardian
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11 | pursuant to
Section 213.3 of the Illinois Domestic Violence Act | ||||||
12 | of 1986 under the
provisions of Article XIa of the Probate Act | ||||||
13 | of 1975.
If a guardian withdraws his consent or refuses to | ||||||
14 | allow
an assessment or services to be provided to the adult | ||||||
15 | with disabilities,
the Adults with Disabilities Abuse
Project
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16 | may seek directly or through another agency a court order | ||||||
17 | seeking appropriate remedies, and may in addition
request | ||||||
18 | removal of the guardian and appointment of a successor guardian
| ||||||
19 | pursuant to Article XIa of the Probate Act of 1975.
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20 | (c) For the purposes of this Section only, "lacks the | ||||||
21 | capacity
to
consent" shall mean that the adult with | ||||||
22 | disabilities
reasonably appears to be
unable by reason of | ||||||
23 | physical or mental condition to receive and evaluate
| ||||||
24 | information related to the assessment or services, or to | ||||||
25 | communicate
decisions related to the assessment or services.
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26 | (Source: P.A. 94-418, eff. 8-2-05.)
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1 | (20 ILCS 2435/63 new) | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
2 | Sec. 63. Retaliation for certain disclosures prohibited. | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
3 | Subject to the provisions of the Whistleblower Act, an employer | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
4 | may not retaliate against an employee for disclosing | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
5 | information to a government or law enforcement agency where the | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
6 | employee has reasonable cause to believe that the information | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
7 | discloses a violation of this Act or of a State or federal law, | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
8 | rule, or regulation in connection with this Act.
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9 | Section 99. Effective date. This Act takes effect upon | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
10 | becoming law.
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