Illinois General Assembly - Full Text of SB0700
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Full Text of SB0700  102nd General Assembly

SB0700eng 102ND GENERAL ASSEMBLY



 


 
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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 Sections 4, 4.1, 4.2, 5, and 8 as follows:
 
6    (320 ILCS 20/4)  (from Ch. 23, par. 6604)
7    Sec. 4. Reports of abuse or neglect.
8    (a) Any person who suspects the abuse, neglect, financial
9exploitation, or self-neglect of an eligible adult may report
10this suspicion or information about the suspicious death of an
11eligible adult to an agency designated to receive such reports
12under this Act or to the Department.
13    (a-5) If any mandated reporter has reason to believe that
14an eligible adult, who because of a disability or other
15condition or impairment is unable to seek assistance for
16himself or herself, has, within the previous 12 months, been
17subjected to abuse, neglect, or financial exploitation, the
18mandated reporter shall, within 24 hours after developing such
19belief, report this suspicion to an agency designated to
20receive such reports under this Act or to the Department. The
21agency designated to receive such reports under this Act or
22the Department may establish a manner in which a mandated
23reporter can make the required report through an Internet

 

 

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1reporting tool. Information sent and received through the
2Internet reporting tool is subject to the same rules in this
3Act as other types of confidential reporting established by
4the designated agency or the Department. Whenever a mandated
5reporter is required to report under this Act in his or her
6capacity as a member of the staff of a medical or other public
7or private institution, facility, or agency, he or she shall
8make a report to an agency designated to receive such reports
9under this Act or to the Department in accordance with the
10provisions of this Act and may also notify the person in charge
11of the institution, facility, or agency or his or her
12designated agent that the report has been made. Under no
13circumstances shall any person in charge of such institution,
14facility, or agency, or his or her designated agent to whom the
15notification has been made, exercise any control, restraint,
16modification, or other change in the report or the forwarding
17of the report to an agency designated to receive such reports
18under this Act or to the Department. The privileged quality of
19communication between any professional person required to
20report and his or her patient or client shall not apply to
21situations involving abused, neglected, or financially
22exploited eligible adults and shall not constitute grounds for
23failure to report as required by this Act.
24    (a-6) If a mandated reporter has reason to believe that
25the death of an eligible adult may be the result of abuse or
26neglect, the matter shall be reported to an agency designated

 

 

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1to receive such reports under this Act or to the Department for
2subsequent referral to the appropriate law enforcement agency
3and the coroner or medical examiner in accordance with
4subsection (c-5) of Section 3 of this Act.
5    (a-7) A person making a report under this Act in the belief
6that it is in the alleged victim's best interest shall be
7immune from criminal or civil liability or professional
8disciplinary action on account of making the report,
9notwithstanding any requirements concerning the
10confidentiality of information with respect to such eligible
11adult which might otherwise be applicable.
12    (a-9) Law enforcement officers shall continue to report
13incidents of alleged abuse pursuant to the Illinois Domestic
14Violence Act of 1986, notwithstanding any requirements under
15this Act.
16    (b) Any person, institution or agency participating in the
17making of a report, providing information or records related
18to a report, assessment, or services, or participating in the
19investigation of a report under this Act in good faith, or
20taking photographs or x-rays as a result of an authorized
21assessment, shall have immunity from any civil, criminal or
22other liability in any civil, criminal or other proceeding
23brought in consequence of making such report or assessment or
24on account of submitting or otherwise disclosing such
25photographs or x-rays to any agency designated to receive
26reports of alleged or suspected abuse or neglect. Any person,

 

 

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1institution or agency authorized by the Department to provide
2assessment, intervention, or administrative services under
3this Act shall, in the good faith performance of those
4services, have immunity from any civil, criminal or other
5liability in any civil, criminal, or other proceeding brought
6as a consequence of the performance of those services. For the
7purposes of any civil, criminal, or other proceeding, the good
8faith of any person required to report, permitted to report,
9or participating in an investigation of a report of alleged or
10suspected abuse, neglect, financial exploitation, or
11self-neglect shall be presumed.
12    (c) The identity of a person making a report of alleged or
13suspected abuse, neglect, financial exploitation, or
14self-neglect or a report concerning information about the
15suspicious death of an eligible adult under this Act may be
16disclosed by the Department or other agency provided for in
17this Act only with such person's written consent or by court
18order, but is otherwise confidential.
19    (d) The Department shall by rule establish a system for
20filing and compiling reports made under this Act.
21    (e) Any physician who willfully fails to report as
22required by this Act shall be referred to the Illinois State
23Medical Disciplinary Board for action in accordance with
24subdivision (A)(22) of Section 22 of the Medical Practice Act
25of 1987. Any dentist or dental hygienist who willfully fails
26to report as required by this Act shall be referred to the

 

 

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1Department of Professional Regulation for action in accordance
2with paragraph 19 of Section 23 of the Illinois Dental
3Practice Act. Any optometrist who willfully fails to report as
4required by this Act shall be referred to the Department of
5Financial and Professional Regulation for action in accordance
6with paragraph (15) of subsection (a) of Section 24 of the
7Illinois Optometric Practice Act of 1987. Any other mandated
8reporter required by this Act to report suspected abuse,
9neglect, or financial exploitation who willfully fails to
10report the same is guilty of a Class A misdemeanor.
11(Source: P.A. 97-860, eff. 7-30-12; 98-49, eff. 7-1-13;
1298-1039, eff. 8-25-14.)
 
13    (320 ILCS 20/4.1)
14    Sec. 4.1. Employer discrimination. No employer shall
15discharge, demote or suspend, or threaten to discharge, demote
16or suspend, or in any manner discriminate against any
17employee: (i) who makes any good faith oral or written report
18of suspected abuse, neglect, or financial exploitation; (ii)
19who makes any good faith oral or written report concerning
20information about the suspicious death of an eligible adult;
21or (iii) who is or will be a witness or testify in any
22investigation or proceeding concerning a report of suspected
23abuse, neglect, or financial exploitation.
24(Source: P.A. 98-49, eff. 7-1-13.)
 

 

 

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1    (320 ILCS 20/4.2)
2    Sec. 4.2. Testimony by mandated reporter and investigator.
3Any mandated reporter who makes a report or any person who
4investigates a report under this Act shall testify fully in
5any judicial proceeding resulting from such report, as to any
6evidence of abuse, neglect, or financial exploitation or the
7cause thereof. Any mandated reporter who is required to report
8a suspected case of or a suspicious death due to abuse,
9neglect, or financial exploitation under Section 4 of this Act
10shall testify fully in any administrative hearing resulting
11from such report, as to any evidence of abuse, neglect, or
12financial exploitation or the cause thereof. No evidence shall
13be excluded by reason of any common law or statutory privilege
14relating to communications between the alleged abuser or the
15eligible adult subject of the report under this Act and the
16person making or investigating the report.
17(Source: P.A. 90-628, eff. 1-1-99.)
 
18    (320 ILCS 20/5)  (from Ch. 23, par. 6605)
19    Sec. 5. Procedure.
20    (a) A provider agency designated to receive reports of
21alleged or suspected abuse, neglect, financial exploitation,
22or self-neglect under this Act shall, upon receiving such a
23report, conduct a face-to-face assessment with respect to such
24report, in accord with established law and Department
25protocols, procedures, and policies. Face-to-face assessments,

 

 

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1casework, and follow-up of reports of self-neglect by the
2provider agencies designated to receive reports of
3self-neglect shall be subject to sufficient appropriation for
4statewide implementation of assessments, casework, and
5follow-up of reports of self-neglect. In the absence of
6sufficient appropriation for statewide implementation of
7assessments, casework, and follow-up of reports of
8self-neglect, the designated adult protective services
9provider agency shall refer all reports of self-neglect to the
10appropriate agency or agencies as designated by the Department
11for any follow-up. The assessment shall include, but not be
12limited to, a visit to the residence of the eligible adult who
13is the subject of the report and shall include interviews or
14consultations regarding the allegations with service agencies,
15immediate family members, and individuals who may have
16knowledge of the eligible adult's circumstances based on the
17consent of the eligible adult in all instances, except where
18the provider agency is acting in the best interest of an
19eligible adult who is unable to seek assistance for himself or
20herself and where there are allegations against a caregiver
21who has assumed responsibilities in exchange for compensation.
22If, after the assessment, the provider agency determines that
23the case is substantiated it shall develop a service care plan
24for the eligible adult and may report its findings at any time
25during the case to the appropriate law enforcement agency in
26accord with established law and Department protocols,

 

 

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1procedures, and policies. In developing a case plan, the
2provider agency may consult with any other appropriate
3provider of services, and such providers shall be immune from
4civil or criminal liability on account of such acts. The plan
5shall include alternative suggested or recommended services
6which are appropriate to the needs of the eligible adult and
7which involve the least restriction of the eligible adult's
8activities commensurate with his or her needs. Only those
9services to which consent is provided in accordance with
10Section 9 of this Act shall be provided, contingent upon the
11availability of such services.
12    (b) A provider agency shall refer evidence of crimes
13against an eligible adult to the appropriate law enforcement
14agency according to Department policies. A referral to law
15enforcement may be made at intake, at or any time during the
16case, or after a report of a suspicious death, depending upon
17the circumstances. Where a provider agency has reason to
18believe the death of an eligible adult may be the result of
19abuse or neglect, the agency shall immediately report the
20matter to the coroner or medical examiner and shall cooperate
21fully with any subsequent investigation.
22    (c) If any person other than the alleged victim refuses to
23allow the provider agency to begin an investigation,
24interferes with the provider agency's ability to conduct an
25investigation, or refuses to give access to an eligible adult,
26the appropriate law enforcement agency must be consulted

 

 

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1regarding the investigation.
2(Source: P.A. 101-496, eff. 1-1-20.)
 
3    (320 ILCS 20/8)  (from Ch. 23, par. 6608)
4    Sec. 8. Access to records. All records concerning reports
5of abuse, neglect, financial exploitation, or self-neglect or
6reports of suspicious deaths due to abuse, neglect, financial
7exploitation, or self-neglect and all records generated as a
8result of such reports shall be confidential and shall not be
9disclosed except as specifically authorized by this Act or
10other applicable law. In accord with established law and
11Department protocols, procedures, and policies, access to such
12records, but not access to the identity of the person or
13persons making a report of alleged abuse, neglect, financial
14exploitation, or self-neglect as contained in such records,
15shall be provided, upon request, to the following persons and
16for the following persons:
17        (1) Department staff, provider agency staff, other
18    aging network staff, and regional administrative agency
19    staff, including staff of the Chicago Department on Aging
20    while that agency is designated as a regional
21    administrative agency, in the furtherance of their
22    responsibilities under this Act;
23        (1.5) A representative of the public guardian acting
24    in the course of investigating the appropriateness of
25    guardianship for the eligible adult or while pursuing a

 

 

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1    petition for guardianship of the eligible adult pursuant
2    to the Probate Act of 1975;
3        (2) A law enforcement agency or State's Attorney's
4    office investigating known or suspected abuse, neglect,
5    financial exploitation, or self-neglect. Where a provider
6    agency has reason to believe that the death of an eligible
7    adult may be the result of abuse or neglect, including any
8    reports made after death, the agency shall immediately
9    provide the appropriate law enforcement agency with all
10    records pertaining to the eligible adult;
11        (2.5) A law enforcement agency, fire department
12    agency, or fire protection district having proper
13    jurisdiction pursuant to a written agreement between a
14    provider agency and the law enforcement agency, fire
15    department agency, or fire protection district under which
16    the provider agency may furnish to the law enforcement
17    agency, fire department agency, or fire protection
18    district a list of all eligible adults who may be at
19    imminent risk of abuse, neglect, financial exploitation,
20    or self-neglect;
21        (3) A physician who has before him or her or who is
22    involved in the treatment of an eligible adult whom he or
23    she reasonably suspects may be abused, neglected,
24    financially exploited, or self-neglected or who has been
25    referred to the Adult Protective Services Program;
26        (4) An eligible adult reported to be abused,

 

 

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1    neglected, financially exploited, or self-neglected, or
2    such adult's authorized guardian or agent, unless such
3    guardian or agent is the abuser or the alleged abuser;
4        (4.5) An executor or administrator of the estate of an
5    eligible adult who is deceased;
6        (5) In cases regarding abuse, neglect, or financial
7    exploitation, a court or a guardian ad litem, upon its or
8    his or her finding that access to such records may be
9    necessary for the determination of an issue before the
10    court. However, such access shall be limited to an in
11    camera inspection of the records, unless the court
12    determines that disclosure of the information contained
13    therein is necessary for the resolution of an issue then
14    pending before it;
15        (5.5) In cases regarding self-neglect, a guardian ad
16    litem;
17        (6) A grand jury, upon its determination that access
18    to such records is necessary in the conduct of its
19    official business;
20        (7) Any person authorized by the Director, in writing,
21    for audit or bona fide research purposes;
22        (8) A coroner or medical examiner who has reason to
23    believe that an eligible adult has died as the result of
24    abuse, neglect, financial exploitation, or self-neglect.
25    The provider agency shall immediately provide the coroner
26    or medical examiner with all records pertaining to the

 

 

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1    eligible adult;
2        (8.5) A coroner or medical examiner having proper
3    jurisdiction, pursuant to a written agreement between a
4    provider agency and the coroner or medical examiner, under
5    which the provider agency may furnish to the office of the
6    coroner or medical examiner a list of all eligible adults
7    who may be at imminent risk of death as a result of abuse,
8    neglect, financial exploitation, or self-neglect;
9        (9) Department of Financial and Professional
10    Regulation staff and members of the Illinois Medical
11    Disciplinary Board or the Social Work Examining and
12    Disciplinary Board in the course of investigating alleged
13    violations of the Clinical Social Work and Social Work
14    Practice Act by provider agency staff or other licensing
15    bodies at the discretion of the Director of the Department
16    on Aging;
17        (9-a) Department of Healthcare and Family Services
18    staff and provider agency staff when that Department is
19    funding services to the eligible adult, including access
20    to the identity of the eligible adult;
21        (9-b) Department of Human Services staff and provider
22    agency staff when that Department is funding services to
23    the eligible adult or is providing reimbursement for
24    services provided by the abuser or alleged abuser,
25    including access to the identity of the eligible adult;
26        (10) Hearing officers in the course of conducting an

 

 

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1    administrative hearing under this Act; parties to such
2    hearing shall be entitled to discovery as established by
3    rule;
4        (11) A caregiver who challenges placement on the
5    Registry shall be given the statement of allegations in
6    the abuse report and the substantiation decision in the
7    final investigative report; and
8        (12) The Illinois Guardianship and Advocacy Commission
9    and the agency designated by the Governor under Section 1
10    of the Protection and Advocacy for Persons with
11    Developmental Disabilities Act shall have access, through
12    the Department, to records, including the findings,
13    pertaining to a completed or closed investigation of a
14    report of suspected abuse, neglect, financial
15    exploitation, or self-neglect of an eligible adult.
16(Source: P.A. 98-49, eff. 7-1-13; 98-1039, eff. 8-25-14;
1799-143, eff. 7-27-15; 99-287, eff. 1-1-16; 99-547, eff.
187-15-16; 99-642, eff. 7-28-16.)
 
19    Section 99. Effective date. This Act takes effect January
201, 2022.