Sen. Sue Rezin
Filed: 5/16/2019
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| 1 | AMENDMENT TO HOUSE BILL 3065
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| 2 | AMENDMENT NO. ______. Amend House Bill 3065 by replacing | ||||||
| 3 | everything after the enacting clause with the following:
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| 4 | "Section 5. The Adult Protective Services Act is amended by | ||||||
| 5 | changing Section 5 as follows:
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| 6 | (320 ILCS 20/5) (from Ch. 23, par. 6605)
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| 7 | Sec. 5. Procedure.
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| 8 | (a) A provider agency designated to receive reports
of | ||||||
| 9 | alleged or suspected abuse, neglect, financial
exploitation, | ||||||
| 10 | or self-neglect under
this Act shall, upon
receiving such a | ||||||
| 11 | report, conduct a face-to-face assessment with respect to
such | ||||||
| 12 | report, in accord with established law and Department | ||||||
| 13 | protocols, procedures, and policies. Face-to-face assessments, | ||||||
| 14 | casework, and follow-up of reports of self-neglect by the | ||||||
| 15 | provider agencies designated to receive reports of | ||||||
| 16 | self-neglect shall be subject to sufficient appropriation for | ||||||
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| 1 | statewide implementation of assessments, casework, and | ||||||
| 2 | follow-up of reports of self-neglect. In the absence of | ||||||
| 3 | sufficient appropriation for statewide implementation of | ||||||
| 4 | assessments, casework, and follow-up of reports of | ||||||
| 5 | self-neglect, the designated adult protective services | ||||||
| 6 | provider agency shall refer all reports of self-neglect to the | ||||||
| 7 | appropriate agency or agencies as designated by the Department | ||||||
| 8 | for any follow-up. The assessment shall include, but not be | ||||||
| 9 | limited to, a visit
to the residence of the eligible adult who | ||||||
| 10 | is the subject of the report and
shall may include interviews | ||||||
| 11 | or consultations regarding the allegations with service | ||||||
| 12 | agencies, immediate family members, and or
individuals who may | ||||||
| 13 | have knowledge of the eligible adult's circumstances based on | ||||||
| 14 | the consent of the eligible adult in all instances, except | ||||||
| 15 | where the provider agency is acting in the best interest of an | ||||||
| 16 | eligible adult who is unable to seek assistance for himself or | ||||||
| 17 | herself and where there are allegations against a caregiver who | ||||||
| 18 | has assumed responsibilities in exchange for compensation.
If, | ||||||
| 19 | after the assessment, the provider agency determines that the | ||||||
| 20 | case is
substantiated it shall develop a service care plan for | ||||||
| 21 | the eligible adult and may report its findings at any time | ||||||
| 22 | during the case to the appropriate law enforcement agency in | ||||||
| 23 | accord with established law and Department protocols, | ||||||
| 24 | procedures, and policies.
In developing a case plan, the | ||||||
| 25 | provider agency may consult with any other
appropriate provider | ||||||
| 26 | of services, and such providers shall be immune from
civil or | ||||||
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| 1 | criminal liability on account of such acts. The plan shall
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| 2 | include alternative suggested or recommended
services which | ||||||
| 3 | are appropriate to the needs of the eligible adult and which
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| 4 | involve the least restriction of the eligible adult's | ||||||
| 5 | activities
commensurate with his or her needs. Only those | ||||||
| 6 | services to which consent
is
provided in accordance with | ||||||
| 7 | Section 9 of this Act shall be provided,
contingent upon the | ||||||
| 8 | availability of such services.
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| 9 | (b) A provider agency shall refer evidence of crimes | ||||||
| 10 | against an eligible
adult to the appropriate law enforcement | ||||||
| 11 | agency according to Department
policies. A referral to law | ||||||
| 12 | enforcement may be made at intake or any time
during the case. | ||||||
| 13 | Where a provider agency has reason to believe the death of an
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| 14 | eligible adult may be the result of abuse or neglect, the | ||||||
| 15 | agency shall
immediately report the matter to the coroner or | ||||||
| 16 | medical examiner and shall
cooperate fully with any subsequent | ||||||
| 17 | investigation. | ||||||
| 18 | (c) If any person other than the alleged victim refuses to | ||||||
| 19 | allow the provider agency to begin
an investigation, interferes | ||||||
| 20 | with the provider agency's ability to
conduct an investigation, | ||||||
| 21 | or refuses to give access to an eligible
adult, the appropriate | ||||||
| 22 | law enforcement agency must be consulted regarding the | ||||||
| 23 | investigation.
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| 24 | (Source: P.A. 98-49, eff. 7-1-13; 98-1039, eff. 8-25-14.)".
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