HB3065 EngrossedLRB101 08858 KTG 53947 b

1    AN ACT concerning aging.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Adult Protective Services Act is amended by
5changing Section 5 as follows:
6    (320 ILCS 20/5)  (from Ch. 23, par. 6605)
7    Sec. 5. Procedure.
8    (a) A provider agency designated to receive reports of
9alleged or suspected abuse, neglect, financial exploitation,
10or self-neglect under this Act shall, upon receiving such a
11report, conduct a face-to-face assessment with respect to such
12report, in accord with established law and Department
13protocols, procedures, and policies. Face-to-face assessments,
14casework, and follow-up of reports of self-neglect by the
15provider agencies designated to receive reports of
16self-neglect shall be subject to sufficient appropriation for
17statewide implementation of assessments, casework, and
18follow-up of reports of self-neglect. In the absence of
19sufficient appropriation for statewide implementation of
20assessments, casework, and follow-up of reports of
21self-neglect, the designated adult protective services
22provider agency shall refer all reports of self-neglect to the
23appropriate agency or agencies as designated by the Department



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1for any follow-up. The assessment shall include, but not be
2limited to, a visit to the residence of the eligible adult who
3is the subject of the report and may include interviews or
4consultations with service agencies or individuals who may have
5knowledge of the eligible adult's circumstances. If, after the
6assessment, the provider agency determines that the case is
7substantiated it shall develop a service care plan for the
8eligible adult and may report its findings at any time during
9the case to the appropriate law enforcement agency in accord
10with established law and Department protocols, procedures, and
11policies. In developing a case plan, the provider agency may
12consult with any other appropriate provider of services, and
13such providers shall be immune from civil or criminal liability
14on account of such acts. The plan shall include alternative
15suggested or recommended services which are appropriate to the
16needs of the eligible adult and which involve the least
17restriction of the eligible adult's activities commensurate
18with his or her needs. Only those services to which consent is
19provided in accordance with Section 9 of this Act shall be
20provided, contingent upon the availability of such services.
21    (a-5) When conducting any investigation concerning a
22report of suspected abuse, neglect, financial exploitation, or
23self-neglect of an eligible adult, the Department shall contact
24as many of the eligible adult's family members, neighbors, and
25friends as reasonably possible under the circumstances.
26    (b) A provider agency shall refer evidence of crimes



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1against an eligible adult to the appropriate law enforcement
2agency according to Department policies. A referral to law
3enforcement may be made at intake or any time during the case.
4Where a provider agency has reason to believe the death of an
5eligible adult may be the result of abuse or neglect, the
6agency shall immediately report the matter to the coroner or
7medical examiner and shall cooperate fully with any subsequent
9    (c) If any person other than the alleged victim refuses to
10allow the provider agency to begin an investigation, interferes
11with the provider agency's ability to conduct an investigation,
12or refuses to give access to an eligible adult, the appropriate
13law enforcement agency must be consulted regarding the
15(Source: P.A. 98-49, eff. 7-1-13; 98-1039, eff. 8-25-14.)