94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB1511


 
Introduced 02/10/05, by Rep. Art Tenhouse - Jack McGuire
 
SYNOPSIS AS INTRODUCED:
 		














20 ILCS 2435/45
  from Ch. 23, par. 3395-45







    Amends the   Abuse of Adults with Disabilities Intervention Act. Provides that if the guardian of the person of an adult with disabilities is alleged to be the
perpetrator of abuse, neglect, or exploitation, the Adults with
Disabilities Abuse
Project may (now, shall) seek the appointment of a temporary substitute guardian
pursuant to
the Illinois Domestic Violence Act of 1986 under the Probate Act of 1975. Effective immediately.
















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A BILL FOR









 











HB1511

LRB094 04018 MKM 34034 b






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    AN ACT concerning human services.

 
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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 Abuse of Adults with Disabilities 
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Intervention Act is amended  by changing Section 45 as follows:
 



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    (20 ILCS 2435/45)  (from Ch. 23, par. 3395-45)



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    Sec. 45. Consent. 

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    (a) If the Adults with Disabilities Abuse
Project has 
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received a report of alleged or
suspected abuse, neglect, or 
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exploitation with regard to an adult with
disabilities who 
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lacks the capacity to consent to an assessment or to services,

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the Adults with Disabilities Abuse Project may seek, directly

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or through another agency,
the appointment of a temporary or 
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permanent guardian for assessment,
provision of services, or 
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any other decision-making authority as is appropriate
for the 
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individual as provided in Article
XIa of the Probate Act of 
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1975 or other relief as provided under the
Illinois Domestic 
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Violence Act of 1986.

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    (a-5) If the adult with disabilities consents to the 
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assessment, such
assessment shall be
conducted.  If the adult 
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with disabilities consents to the services included in
the 
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service
plan, such services shall be provided.  If the adult 
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with disabilities refuses
or withdraws
his or her consent to 
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the completion of the assessment, the assessment shall be

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terminated.
 If the adult with disabilities refuses or withdraws 
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his or her consent to the
provision of
services, the services 
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shall not be provided.

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    (b) A guardian of the person of an adult with
disabilities 
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who is abused,
neglected, or exploited by another individual in 
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a domestic living
situation may consent to an assessment or to 
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services being provided
pursuant to the service plan.  If the 
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guardian is alleged to be the
perpetrator of the abuse, 
 


 






HB1511
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LRB094 04018 MKM 34034 b




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neglect, or exploitation, the Adults with
Disabilities Abuse

2
Project may
shall seek the appointment of a temporary 
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substitute guardian
pursuant to
Section 213.3 of the Illinois 
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Domestic Violence Act of 1986 under the
provisions of Article 
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XIa of the Probate Act of 1975.
If a guardian withdraws his 
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consent or refuses to allow
an assessment or services to be 
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provided to the adult with disabilities,
the Adults with 
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Disabilities Abuse
Project
may seek directly or through another 
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agency a court order seeking appropriate remedies, and may in 
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addition
request removal of the guardian and appointment of a 
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successor guardian
pursuant to Article XIa of the Probate Act 
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of 1975.

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    (c) For the purposes of this Section only, "lacks the 
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capacity
to
consent" shall mean that the adult with 
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disabilities
reasonably appears to be
unable by reason of 
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physical or mental condition to receive and evaluate

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information related to the assessment or services, or to 
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communicate
decisions related to the assessment or services.

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(Source: P.A. 90-655, eff. 7-30-98; 91-671, eff. 7-1-00.)

 

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    Section 99. Effective date. This Act takes effect upon 
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becoming law.