Full Text of HB4024 94th General Assembly
HB4024ham001 94TH GENERAL ASSEMBLY
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Aging Committee
Filed: 5/17/2005
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09400HB4024ham001 |
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LRB094 06198 DRJ 46680 a |
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| AMENDMENT TO HOUSE BILL 4024
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| AMENDMENT NO. ______. Amend House Bill 4024 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Elder Abuse and Neglect Act is amended by | 5 |
| changing Sections 2, 3, 3.5, 4, 4.2, 5, 8, 9, and 13 and by | 6 |
| adding Section 8.5 as follows:
| 7 |
| (320 ILCS 20/2) (from Ch. 23, par. 6602)
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| Sec. 2. Definitions. As used in this Act, unless the | 9 |
| context
requires otherwise:
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| (a) "Abuse" means causing any physical, mental or sexual | 11 |
| injury to an
eligible adult, including exploitation of such | 12 |
| adult's financial resources.
| 13 |
| Nothing in this Act shall be construed to mean that an | 14 |
| eligible adult is a
victim of abuse or neglect for the sole | 15 |
| reason that he or she is being
furnished with or relies upon | 16 |
| treatment by spiritual means through prayer
alone, in | 17 |
| accordance with the tenets and practices of a recognized church
| 18 |
| or religious denomination.
| 19 |
| Nothing in this Act shall be construed to mean that an | 20 |
| eligible adult is a
victim of abuse because of health care | 21 |
| services provided or not provided by
licensed health care | 22 |
| professionals.
| 23 |
| (a-5) "Abuser" means a person who abuses, neglects, or | 24 |
| financially
exploits an eligible adult.
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| (a-7) "Caregiver" means a person who either as a result of | 2 |
| a family
relationship, voluntarily, or in exchange for | 3 |
| compensation has assumed
responsibility for all or a portion of | 4 |
| the care of an eligible adult who needs
assistance with | 5 |
| activities of daily
living.
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| (b) "Department" means the Department on Aging of the State | 7 |
| of Illinois.
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| (c) "Director" means the Director of the Department.
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| (d) "Domestic living situation" means a residence where the | 10 |
| eligible
adult lives alone or with his or her family or a | 11 |
| caregiver, or others,
or a board and care home or other | 12 |
| community-based unlicensed facility, but
is not:
| 13 |
| (1) A licensed facility as defined in Section 1-113 of | 14 |
| the Nursing Home
Care Act;
| 15 |
| (2) A "life care facility" as defined in the Life Care | 16 |
| Facilities Act;
| 17 |
| (3) A home, institution, or other place operated by the | 18 |
| federal
government or agency thereof or by the State of | 19 |
| Illinois;
| 20 |
| (4) A hospital, sanitarium, or other institution, the | 21 |
| principal activity
or business of which is the diagnosis, | 22 |
| care, and treatment of human illness
through the | 23 |
| maintenance and operation of organized facilities | 24 |
| therefor,
which is required to be licensed under the | 25 |
| Hospital Licensing Act;
| 26 |
| (5) A "community living facility" as defined in the | 27 |
| Community Living
Facilities Licensing Act;
| 28 |
| (6) A "community residential alternative" as defined | 29 |
| in the Community
Residential Alternatives Licensing Act; | 30 |
| and
| 31 |
| (7) A "community-integrated living arrangement" as | 32 |
| defined in
the Community-Integrated Living Arrangements | 33 |
| Licensure and Certification Act ;
.
| 34 |
| (8) An assisted living or shared housing establishment |
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| as defined in the Assisted Living and Shared Housing Act; | 2 |
| or
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| (9) A supportive living facility as described in | 4 |
| Section 5-5.01a of the Illinois Public Aid Code.
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| (e) "Eligible adult" means a person 60 years of age or | 6 |
| older who
resides in a domestic living situation and is, or is | 7 |
| alleged
to be, abused, neglected, or financially exploited by | 8 |
| another individual or who neglects himself or herself .
| 9 |
| (f) "Emergency" means a situation in which an eligible | 10 |
| adult is living
in conditions presenting a risk of death or | 11 |
| physical, mental or sexual
injury and the provider agency has | 12 |
| reason to believe the eligible adult is
unable to
consent to | 13 |
| services which would alleviate that risk.
| 14 |
| (f-5) "Mandated reporter" means any of the following | 15 |
| persons
while engaged in carrying out their professional
| 16 |
| duties:
| 17 |
| (1) a
professional or professional's delegate
while | 18 |
| engaged in: (i) social
services, (ii) law enforcement, | 19 |
| (iii) education, (iv) the care of an eligible
adult or | 20 |
| eligible adults, or (v) any of the occupations required to | 21 |
| be licensed
under
the Clinical Psychologist Licensing Act, | 22 |
| the Clinical Social Work and Social
Work Practice Act, the | 23 |
| Illinois Dental Practice Act, the Dietetic and Nutrition
| 24 |
| Services Practice Act, the Marriage and Family Therapy | 25 |
| Licensing Act, the
Medical Practice Act of 1987, the | 26 |
| Naprapathic Practice Act, the
Nursing and Advanced | 27 |
| Practice Nursing Act, the Nursing Home
Administrators | 28 |
| Licensing and
Disciplinary Act, the Illinois Occupational | 29 |
| Therapy Practice Act, the Illinois
Optometric Practice Act | 30 |
| of 1987, the Pharmacy Practice Act of 1987, the
Illinois | 31 |
| Physical Therapy Act, the Physician Assistant Practice Act | 32 |
| of 1987,
the Podiatric Medical Practice Act of 1987, the | 33 |
| Respiratory Care Practice
Act,
the Professional Counselor | 34 |
| and
Clinical Professional Counselor Licensing Act, the |
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| Illinois Speech-Language
Pathology and Audiology Practice | 2 |
| Act, the Veterinary Medicine and Surgery
Practice Act of | 3 |
| 2004, and the Illinois Public Accounting Act;
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| (2) an employee of a vocational rehabilitation | 5 |
| facility prescribed or
supervised by the Department of | 6 |
| Human Services;
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| (3) an administrator, employee, or person providing | 8 |
| services in or through
an unlicensed community based | 9 |
| facility;
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| (4) any accredited religious practitioner who provides | 11 |
| treatment by spiritual means alone through prayer in | 12 |
| accordance with the tenets and practices of the accrediting | 13 |
| church, except as to information received in any confession | 14 |
| or sacred communication enjoyed by the discipline of the | 15 |
| accrediting church to be held confidential
a Christian | 16 |
| Science Practitioner ;
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| (5) field personnel of the Department of Public Aid, | 18 |
| Department of Public
Health, and Department of Human | 19 |
| Services, and any county or
municipal health department;
| 20 |
| (6) personnel of the Department of Human Services, the | 21 |
| Guardianship and
Advocacy Commission, the State Fire | 22 |
| Marshal, local fire departments, the
Department on Aging | 23 |
| and its subsidiary Area Agencies on Aging and provider
| 24 |
| agencies, and the Office of State Long Term Care Ombudsman;
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| (7) any employee of the State of Illinois not otherwise | 26 |
| specified herein
who is involved in providing services to | 27 |
| eligible adults, including
professionals providing medical | 28 |
| or rehabilitation services and all
other persons having | 29 |
| direct contact with eligible adults;
| 30 |
| (8) a person who performs the duties of a coroner
or | 31 |
| medical examiner; or
| 32 |
| (9) a person who performs the duties of a paramedic or | 33 |
| an emergency
medical
technician.
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| (g) "Neglect" means
another individual's failure to |
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| provide an eligible
adult with or willful withholding from an | 2 |
| eligible adult the necessities of
life including, but not | 3 |
| limited to, food, clothing, shelter or medical care.
This | 4 |
| subsection does not create any new affirmative duty to provide | 5 |
| support to
eligible adults. Nothing in this Act shall be | 6 |
| construed to mean that an
eligible adult is a victim of neglect | 7 |
| because of health care services provided
or not provided by | 8 |
| licensed health care professionals.
| 9 |
| (h) "Provider agency" means any public or nonprofit agency | 10 |
| in a planning
and service area appointed by the regional | 11 |
| administrative agency with prior
approval by the Department on | 12 |
| Aging to receive and assess reports of
alleged or suspected | 13 |
| abuse, neglect, or financial exploitation.
| 14 |
| (i) "Regional administrative agency" means any public or | 15 |
| nonprofit
agency in a planning and service area so designated | 16 |
| by the Department,
provided that the designated Area Agency on | 17 |
| Aging shall be designated the
regional administrative agency if | 18 |
| it so requests.
The Department shall assume the functions of | 19 |
| the regional administrative
agency for any planning and service | 20 |
| area where another agency is not so
designated. | 21 |
| (i-5) "Self-neglect" means a condition that is the result | 22 |
| of an eligible adult's inability, due to physical or mental | 23 |
| impairments, or both, or a diminished capacity, to perform | 24 |
| essential self-care tasks that substantially threaten his or | 25 |
| her own health, including: providing essential food, clothing, | 26 |
| shelter, and medical care; and obtaining goods and services | 27 |
| necessary to maintain physical health, mental health, | 28 |
| emotional well-being, and general safety.
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| (j) "Substantiated case" means a reported case of alleged | 30 |
| or suspected
abuse, neglect, or financial exploitation in which | 31 |
| a provider agency,
after assessment, determines that there is | 32 |
| reason to believe abuse,
neglect, or financial exploitation has | 33 |
| occurred.
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| (Source: P.A. 92-16, eff. 6-28-01; 93-281 eff. 12-31-03; |
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| 93-300, eff. 1-1-04;
revised 9-22-03.)
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| (320 ILCS 20/3) (from Ch. 23, par. 6603)
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| Sec. 3. Responsibilities.
| 4 |
| (a) The Department shall establish,
design and manage a | 5 |
| program of response and services for persons 60 years
of age | 6 |
| and
older who have been, or are alleged to be, victims of | 7 |
| abuse, neglect, or financial exploitation , or self-neglect . | 8 |
| The Department
shall contract with or fund or, contract with | 9 |
| and fund, regional
administrative
agencies, provider
agencies, | 10 |
| or both, for the provision of those
functions, and, contingent | 11 |
| on adequate funding, with attorneys or legal
services provider | 12 |
| agencies for the
provision of legal assistance pursuant to this | 13 |
| Act.
| 14 |
| (b) Each regional administrative agency shall designate | 15 |
| provider
agencies within its planning and service area with | 16 |
| prior approval by the
Department on Aging, monitor the use of | 17 |
| services, provide technical
assistance to the provider | 18 |
| agencies and be involved in program development
activities.
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| (c) Provider agencies shall assist, to the extent possible, | 20 |
| eligible
adults who need agency
services to allow them to | 21 |
| continue to function independently. Such
assistance shall | 22 |
| include but not be limited to receiving reports of alleged
or | 23 |
| suspected abuse, neglect, or financial exploitation,
or | 24 |
| self-neglect, conducting face-to-face assessments of
such | 25 |
| reported cases, determination of substantiated cases, referral | 26 |
| of
substantiated cases for necessary support services,
| 27 |
| referral of criminal conduct to law enforcement in accordance | 28 |
| with Department
guidelines,
and provision of case
work and | 29 |
| follow-up services on substantiated cases.
| 30 |
| (Source: P.A. 90-628, eff. 1-1-99.)
| 31 |
| (320 ILCS 20/3.5)
| 32 |
| Sec. 3.5. Other Responsibilities. The Department shall |
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| also be
responsible for the following activities, contingent | 2 |
| upon adequate funding:
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| (a) promotion of a wide range of endeavors for the purpose | 4 |
| of preventing
elder abuse, neglect, and financial | 5 |
| exploitation , and self-neglect in both domestic and
| 6 |
| institutional settings, including, but not limited to, | 7 |
| promotion of public
and professional education to increase | 8 |
| awareness of elder abuse, neglect,
and financial exploitation, | 9 |
| and self-neglect, to increase reports, and to improve response | 10 |
| by
various legal, financial, social, and health systems;
| 11 |
| (b) coordination of efforts with other agencies, councils, | 12 |
| and like
entities, to include but not be limited to, the Office | 13 |
| of the Attorney General,
the State Police, the Illinois Law | 14 |
| Enforcement Training Standards
Board, the State Triad, the | 15 |
| Illinois Criminal Justice Information
Authority, the
| 16 |
| Departments of Public Health, Public Aid, and Human Services, | 17 |
| the Family
Violence Coordinating Council, the Illinois | 18 |
| Violence Prevention Authority,
and other
entities which may | 19 |
| impact awareness of, and response to, elder abuse, neglect,
and | 20 |
| financial exploitation , and self-neglect ;
| 21 |
| (c) collection and analysis of data;
| 22 |
| (d) monitoring of the performance of regional | 23 |
| administrative agencies and
elder abuse provider agencies;
| 24 |
| (e) promotion of prevention activities;
| 25 |
| (f) establishing and coordinating establishment and | 26 |
| coordination of a an aggressive training program on about the | 27 |
| unique
nature of elder abuse cases with other agencies, | 28 |
| councils, and like entities,
to include including but not be | 29 |
| limited to the Office of the Attorney General, the
State | 30 |
| Police, the Illinois Law Enforcement Training Standards Board, | 31 |
| the
State Triad, the Illinois Criminal Justice Information | 32 |
| Authority, the State
Departments of Public Health, Public Aid, | 33 |
| and Human Services, the Family
Violence Coordinating Council, | 34 |
| the Illinois Violence Prevention Authority,
and other entities |
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| that may impact awareness of , and response to , elder
abuse, | 2 |
| neglect, and financial exploitation , and self-neglect ;
| 3 |
| (g) solicitation of financial institutions for the purpose | 4 |
| of making
information available to the general public warning | 5 |
| of financial exploitation
of the elderly and related financial | 6 |
| fraud or abuse, including such
information and warnings | 7 |
| available through signage or other written
materials provided | 8 |
| by the Department on the premises of such financial
| 9 |
| institutions, provided that the manner of displaying or | 10 |
| distributing such
information is subject to the sole discretion | 11 |
| of each financial institution;
and
| 12 |
| (h) coordinating coordination of efforts with utility and | 13 |
| electric companies to send
notices in utility bills to which | 14 |
| explain to persons 60 years of age or older
their elder rights | 15 |
| regarding telemarketing and home repair fraud frauds .
| 16 |
| (Source: P.A. 92-16, eff. 6-28-01; 93-300, eff. 1-1-04; 93-301, | 17 |
| eff. 1-1-04;
revised 1-23-04.)
| 18 |
| (320 ILCS 20/4) (from Ch. 23, par. 6604)
| 19 |
| Sec. 4. Reports of abuse or neglect.
| 20 |
| (a) Any person who suspects the abuse,
neglect, or | 21 |
| financial exploitation , or self-neglect of an eligible adult | 22 |
| may
report
this suspicion to an agency designated to receive | 23 |
| such
reports under this Act or to the Department.
| 24 |
| (a-5) If any mandated reporter has reason to believe that | 25 |
| an eligible
adult,
who because of dysfunction is unable to seek | 26 |
| assistance for himself or herself,
has, within the previous 12 | 27 |
| months, been subjected to abuse, neglect, or
financial | 28 |
| exploitation, or self-neglect, the mandated reporter shall, | 29 |
| within 24 hours after
developing
such belief, report this | 30 |
| suspicion to an agency designated to receive such
reports under | 31 |
| this Act or
to the Department. Whenever a mandated reporter
is | 32 |
| required to report under this Act in his or her capacity as a | 33 |
| member of
the staff of a medical or other public or private |
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| institution, facility,
board and care home, or agency, he or | 2 |
| she shall make a report
to an agency designated to receive such
| 3 |
| reports under this Act or
to the Department in accordance
with | 4 |
| the provisions of this Act and may also notify the person in | 5 |
| charge of
the institution, facility, board and care home, or | 6 |
| agency or his or her
designated agent that the
report has been | 7 |
| made. Under no circumstances shall any person in charge of
such | 8 |
| institution, facility, board and care home, or agency, or his | 9 |
| or her
designated agent to whom
the notification has been made, | 10 |
| exercise any control, restraint,
modification, or other change | 11 |
| in the report or the forwarding of the report
to an agency | 12 |
| designated to receive such
reports under this Act or
to the | 13 |
| Department. The privileged quality of communication between | 14 |
| any
professional
person required to report
and his or her | 15 |
| patient or client shall not apply to situations involving
| 16 |
| abused, neglected, or financially exploited , or | 17 |
| self-neglected, eligible adults and shall not
constitute
| 18 |
| grounds for failure to
report
as required by this Act.
| 19 |
| (a-7) A person making a report
under this Act in the belief | 20 |
| that it is in the alleged victim's best
interest shall be | 21 |
| immune from criminal or civil liability or professional
| 22 |
| disciplinary action on account of making the report, | 23 |
| notwithstanding any
requirements concerning the | 24 |
| confidentiality of information with respect to
such eligible | 25 |
| adult which might otherwise be applicable.
| 26 |
| (a-9) Law enforcement officers
shall continue to report | 27 |
| incidents of alleged abuse pursuant to the
Illinois Domestic | 28 |
| Violence Act of 1986, notwithstanding any requirements
under | 29 |
| this Act.
| 30 |
| (b) Any person, institution or agency participating in the | 31 |
| making of
a report, providing
information or records related to | 32 |
| a report, assessment, or services, or
participating in the | 33 |
| investigation of a report under
this Act in good faith, or | 34 |
| taking photographs or x-rays as a result of an
authorized |
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| assessment, shall have immunity from any civil, criminal or
| 2 |
| other liability in any civil, criminal or other proceeding | 3 |
| brought in
consequence of making such report or assessment or | 4 |
| on account of submitting
or otherwise disclosing such | 5 |
| photographs or x-rays to any agency designated
to receive | 6 |
| reports of alleged or suspected abuse or neglect. Any person,
| 7 |
| institution or agency authorized by the Department to provide | 8 |
| assessment,
intervention, or administrative services under | 9 |
| this Act shall, in the good
faith performance of those | 10 |
| services, have immunity from any civil, criminal
or other | 11 |
| liability in any civil, criminal, or other proceeding brought | 12 |
| as a
consequence of the performance of those services.
For the | 13 |
| purposes of any civil, criminal, or other proceeding, the good | 14 |
| faith
of any person required to report, permitted to report, or | 15 |
| participating in an
investigation of a report of alleged or | 16 |
| suspected abuse, neglect, or
financial exploitation shall be
| 17 |
| presumed.
| 18 |
| (c) The identity of a person making a report of alleged or | 19 |
| suspected
abuse or neglect under this Act may be disclosed by | 20 |
| the Department
or other agency provided for in this Act only | 21 |
| with such person's written
consent or by court order.
| 22 |
| (d) The Department shall by rule establish a system for | 23 |
| filing and
compiling reports made under this Act.
| 24 |
| (e) Any physician who willfully fails to report as required | 25 |
| by this Act
shall be referred to the Illinois State Medical | 26 |
| Disciplinary Board for action
in accordance with subdivision | 27 |
| (A)(22) of Section 22 of the Medical Practice
Act of 1987. Any | 28 |
| dentist or dental hygienist who willfully fails to report as
| 29 |
| required by this Act shall be referred to the Department of | 30 |
| Professional
Regulation for action in accordance with | 31 |
| paragraph 19 of Section 23 of the
Illinois Dental Practice Act. | 32 |
| Any other mandated reporter required by
this Act to report | 33 |
| suspected abuse, neglect, or financial exploitation who
| 34 |
| willfully fails to report the same is guilty of a Class A |
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| misdemeanor.
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| (Source: P.A. 93-300, eff. 1-1-04; 93-301, eff. 1-1-04.)
| 3 |
| (320 ILCS 20/4.2)
| 4 |
| Sec. 4.2. Testimony by mandated reporter and investigator. | 5 |
| Any mandated
reporter who makes a report or any person who
| 6 |
| investigates a report under
this Act shall testify fully in any | 7 |
| judicial proceeding resulting from such
report, as to any | 8 |
| evidence of abuse, neglect, or financial exploitation , or | 9 |
| self-neglect or the
cause thereof. Any
mandated reporter who is | 10 |
| required to report a suspected case of abuse, neglect,
or
| 11 |
| financial exploitation , or self-neglect under
Section 4 of this | 12 |
| Act shall testify fully in any administrative hearing
resulting | 13 |
| from such report, as to any evidence of abuse, neglect, or | 14 |
| financial
exploitation , or self-neglect or the
cause thereof. | 15 |
| No evidence shall be excluded by reason of any common law
or | 16 |
| statutory privilege relating to communications between the | 17 |
| alleged
abuser or the eligible adult subject of the report
| 18 |
| under
this Act and the person making or investigating the | 19 |
| report.
| 20 |
| (Source: P.A. 90-628, eff. 1-1-99.)
| 21 |
| (320 ILCS 20/5) (from Ch. 23, par. 6605)
| 22 |
| Sec. 5. Procedure.
| 23 |
| (a) A provider agency designated to receive reports
of | 24 |
| alleged or suspected abuse, neglect, or financial
| 25 |
| exploitation , or self-neglect under
this Act shall, upon
| 26 |
| receiving such a report, conduct a face-to-face assessment with | 27 |
| respect to
such report. Face-to-face assessments, casework, | 28 |
| and follow-up of reports of self-neglect by the provider | 29 |
| agencies designated to receive reports of self-neglect shall be | 30 |
| subject to sufficient appropriation for statewide | 31 |
| implementation of assessments, casework, and follow-up of | 32 |
| reports of self-neglect. In the absence of sufficient |
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| appropriation for statewide implementation of assessments, | 2 |
| casework, and follow-up of reports of self-neglect, the | 3 |
| designated elder abuse provider agency shall refer all reports | 4 |
| of self-neglect to the designated case management agency for | 5 |
| any appropriate follow-up. The assessment shall include, but | 6 |
| not be limited to, a visit
to the residence of the eligible | 7 |
| adult who is the subject of the report and
may include | 8 |
| interviews or consultations with service agencies or
| 9 |
| individuals who may have knowledge of the eligible adult's | 10 |
| circumstances.
If, after the assessment, the provider agency | 11 |
| determines that the case is
substantiated it shall develop a | 12 |
| service care plan for the eligible adult and may report its | 13 |
| findings to the appropriate law enforcement agency .
In | 14 |
| developing the plan, the provider agency may consult with any | 15 |
| other
appropriate provider of services, and such providers | 16 |
| shall be immune from
civil or criminal liability on account of | 17 |
| such acts. The plan shall
include alternative suggested or | 18 |
| recommended
services which are appropriate to the needs of the | 19 |
| eligible adult and which
involve the least restriction of the | 20 |
| eligible adult's activities
commensurate with his or her needs. | 21 |
| Only those services to which consent
is
provided in accordance | 22 |
| with Section 9 of this Act shall be provided,
contingent upon | 23 |
| the availability of such services.
| 24 |
| (a-5) The Illinois Department on Aging shall collaborate | 25 |
| with representatives of regional administrative agencies, | 26 |
| provider agencies, local law enforcement agencies, State's | 27 |
| Attorneys, the Illinois Department of State Police, the | 28 |
| Illinois Attorney General, the Illinois Criminal Justice | 29 |
| Information Authority, and others, as appropriate, to develop a | 30 |
| protocol for dissemination within one year after the effective | 31 |
| date of this amendatory Act of the 94th General Assembly. The | 32 |
| protocol shall outline (i) the procedure for referral of cases | 33 |
| involving elder abuse, neglect, financial exploitation, and | 34 |
| self-neglect; (ii) the access to records and information; and |
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| (iii) the procedure for development of working agreements | 2 |
| between provider agencies and law enforcement, where | 3 |
| practicable.
| 4 |
| (b) A provider agency shall refer evidence of crimes | 5 |
| against an eligible
adult to the appropriate law enforcement | 6 |
| agency according to Department
policies. A referral to law | 7 |
| enforcement may be made at intake or any time
during the case. | 8 |
| Where a provider agency has reason to believe the death of an
| 9 |
| eligible adult may be the result of abuse or neglect, the | 10 |
| agency shall
immediately report the matter to the coroner or | 11 |
| medical examiner and shall
cooperate fully with any subsequent | 12 |
| investigation. | 13 |
| (c) If any person other than the alleged victim refuses to | 14 |
| allow the provider agency to begin
an investigation, interferes | 15 |
| with the provider agency's ability to
conduct an investigation, | 16 |
| or refuses to give access to an eligible
adult, the appropriate | 17 |
| law enforcement agency must be consulted regarding the | 18 |
| investigation. | 19 |
| (d) A representative of a provider agency, while | 20 |
| investigating a report of alleged or suspected abuse, neglect, | 21 |
| financial exploitation, or self-neglect, may, with the | 22 |
| eligible adult's consent if he or she is able to consent, take | 23 |
| or cause to be taken photographs, videotapes, and digital or | 24 |
| electronic recordings of the eligible adult, and of his or her | 25 |
| environment, that are relevant to the investigation. All | 26 |
| photographs, videotapes, and digital or electronic recordings | 27 |
| taken during the course of the investigation are to be treated | 28 |
| as records and shall be used only as other records are allowed | 29 |
| to be used under this Act. | 30 |
| (e) If a provider agency has reason to believe that records | 31 |
| not in its possession would be of assistance in an | 32 |
| investigation of suspected abuse, neglect, financial | 33 |
| exploitation, or self-neglect under this Act, then the provider | 34 |
| agency may petition the chief judge, or another judge |
|
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| designated by the chief judge, of the judicial circuit in which | 2 |
| the eligible adult resides for the issuance of a subpoena to | 3 |
| the holder of the records sought by the
provider agency. Upon a | 4 |
| showing by the provider agency that the records are relevant to | 5 |
| the investigation and upon notice to the holder of the records | 6 |
| and notice to the eligible adult or his or her guardian, the | 7 |
| court shall direct that a subpoena shall issue to the holder of | 8 |
| the records. All records disclosed pursuant to a subpoena | 9 |
| issued under this Section shall be treated as records under | 10 |
| Section 8 of this Act.
| 11 |
| (Source: P.A. 90-628, eff. 1-1-99.)
| 12 |
| (320 ILCS 20/8) (from Ch. 23, par. 6608)
| 13 |
| Sec. 8. Access to records. All records concerning reports | 14 |
| of elder abuse,
neglect, and financial exploitation , or | 15 |
| self-neglect and all records generated as a result of
such | 16 |
| reports shall be confidential and shall not be disclosed except | 17 |
| as
specifically authorized by this Act or other applicable law. | 18 |
| Access to such
records, but not access to the identity of the | 19 |
| person or persons making a
report of alleged abuse, neglect, or | 20 |
| financial exploitation , or self-neglect as contained in
such | 21 |
| records, shall be provided, upon request,
allowed to the | 22 |
| following persons and for the following
persons:
| 23 |
| (1) Department staff, provider agency staff, other aging | 24 |
| network staff, and
regional administrative agency staff , | 25 |
| including staff of the Chicago Department on Aging while that | 26 |
| agency is designated as a regional administrative agency, in | 27 |
| the furtherance of their
responsibilities under this Act;
| 28 |
| (2) A law enforcement agency investigating known or | 29 |
| suspected
elder abuse, neglect, or financial exploitation , or | 30 |
| self-neglect . Where a provider
agency has reason to believe | 31 |
| that the
death of an eligible adult may be the result of abuse | 32 |
| or neglect, the agency
shall immediately provide the | 33 |
| appropriate law enforcement agency with all
records pertaining |
|
|
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| to the eligible adult;
| 2 |
| (3) A physician who has before him or her or who is | 3 |
| involved
in the treatment of an eligible adult whom he or she | 4 |
| reasonably suspects
may be abused, neglected, or financially | 5 |
| exploited , or self-neglected or who has been
referred to the | 6 |
| Elder Abuse and Neglect Program;
| 7 |
| (4) An eligible adult reported to be abused,
neglected, or | 8 |
| financially exploited, or self-neglected, or such adult's | 9 |
| guardian unless such
guardian is the abuser or the alleged | 10 |
| abuser;
| 11 |
| (5) A court or a guardian ad litem, upon its or his or
her | 12 |
| finding that access to such records may be
necessary for the | 13 |
| determination of an issue before the court.
However,
such | 14 |
| access shall be limited to an in camera inspection of the | 15 |
| records,
unless the court determines that disclosure of the | 16 |
| information contained
therein is necessary for the resolution | 17 |
| of an issue then pending before it;
| 18 |
| (6) A grand jury, upon its determination that access to | 19 |
| such
records is necessary in the conduct of its official | 20 |
| business;
| 21 |
| (7) Any person authorized by the Director, in writing, for
| 22 |
| audit or bona fide research purposes;
| 23 |
| (8) A coroner or medical examiner who has reason to believe
| 24 |
| that an eligible adult has died as the result of abuse, | 25 |
| neglect,
or financial exploitation , or self-neglect . The | 26 |
| provider agency shall immediately provide the
coroner
or | 27 |
| medical examiner with all records pertaining to the eligible | 28 |
| adult; and
| 29 |
| (9) Department of Professional Regulation staff
and | 30 |
| members of the Social Work Examining and Disciplinary Board in | 31 |
| the course
of investigating alleged violations of the Clinical | 32 |
| Social Work and Social Work
Practice Act by provider agency | 33 |
| staff ; and . | 34 |
| (10) The State's Attorney of the judicial circuit in which |
|
|
|
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| the eligible adult resides or in which the alleged crime | 2 |
| occurred or the Office of the Attorney General, or their | 3 |
| authorized representatives,
after the law enforcement agency | 4 |
| with jurisdiction over the matter opens a criminal | 5 |
| investigation.
| 6 |
| (Source: P.A. 89-387, eff. 8-20-95; 90-628, eff. 1-1-99 .)
| 7 |
| (320 ILCS 20/8.5 new) | 8 |
| Sec. 8.5. Cooperation with law enforcement agencies. | 9 |
| (a) The Department and all provider agencies shall work | 10 |
| with any law enforcement agency conducting any criminal | 11 |
| investigation arising from allegations of abuse, neglect, or | 12 |
| financial exploitation of an eligible adult. The Department, | 13 |
| all provider agencies, and law enforcement agencies shall | 14 |
| cooperate to allow the criminal investigation to proceed | 15 |
| concurrently with, and not be hindered by, any investigations | 16 |
| conducted by provider agencies. | 17 |
| (b) Upon request of the law enforcement agency, the | 18 |
| Department and all provider agencies shall provide, to any law | 19 |
| enforcement agency conducting any criminal investigation | 20 |
| arising from allegations of abuse, neglect, or financial | 21 |
| exploitation of an eligible adult, all relevant information and | 22 |
| records from provider agency investigations. | 23 |
| (c) Any law enforcement officer may make an arrest without | 24 |
| a warrant if the officer has probable cause to believe that the | 25 |
| person has committed or is committing any crime, including, but | 26 |
| not limited to, criminal abuse or neglect of an elderly person | 27 |
| under
Section 12-21 of the Criminal Code of 1961 or a violation | 28 |
| of an order of protection under Section 12-30 of the Criminal | 29 |
| Code of 1961, even if the crime was not committed in the | 30 |
| presence of the officer. The law enforcement officer may verify | 31 |
| the existence of an order of protection under Section 12-30 of | 32 |
| the Criminal Code of 1961 by telephone or radio communication | 33 |
| with his or her law enforcement agency or by referring to the |
|
|
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| copy of the order provided by the petitioner or respondent.
| 2 |
| (320 ILCS 20/9) (from Ch. 23, par. 6609)
| 3 |
| Sec. 9. Authority to consent to services.
| 4 |
| (a) If an eligible adult
consents to services being | 5 |
| provided according
to the service care plan, such services | 6 |
| shall be arranged to meet the
adult's needs, based upon the | 7 |
| availability of resources to provide such
services. If an adult | 8 |
| withdraws his or her consent or refuses to accept
such | 9 |
| services, the services shall not be provided.
| 10 |
| (b) If it reasonably appears to the Department or other | 11 |
| agency
designated under this Act that a person is an eligible | 12 |
| adult and lacks the
capacity to consent to necessary services, | 13 |
| including an assessment, the
Department or other agency
may | 14 |
| seek the appointment of a guardian as provided in Article XIa
| 15 |
| of the Probate Act of 1975 for the purpose of consenting to | 16 |
| such services.
| 17 |
| (c) A guardian of the person of an eligible adult may | 18 |
| consent to
services being provided according to the service | 19 |
| care plan. If a guardian
withdraws his or her consent or | 20 |
| refuses to allow services to be provided to
the
eligible adult, | 21 |
| the Department, an agency designated under this Act, or the
| 22 |
| office of the Attorney General may
request a court order | 23 |
| seeking appropriate remedies, and may
in
addition request | 24 |
| removal of the guardian and appointment of a successor
| 25 |
| guardian.
| 26 |
| (d) If an emergency exists and the Department or other | 27 |
| agency designated
under this Act reasonably believes that a | 28 |
| person is an eligible adult and
lacks the capacity to consent | 29 |
| to necessary services, the Department or
other agency may | 30 |
| request an ex parte order from the circuit court of the
county | 31 |
| in which the petitioner or respondent resides or in which the | 32 |
| alleged
abuse, neglect, or financial exploitation , or | 33 |
| self-neglect occurred, authorizing
an
assessment of a report of |
|
|
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| alleged or suspected abuse, neglect, or
financial | 2 |
| exploitation , or self-neglect or the provision of necessary | 3 |
| services, or
both,
including relief available under the | 4 |
| Illinois Domestic Violence Act of 1986.
Petitions filed under | 5 |
| this subsection shall be treated as expedited
proceedings.
| 6 |
| (e) Within 15 days after the entry of the ex parte | 7 |
| emergency order, the
order shall expire, or, if the need for | 8 |
| assessment or services continues, the
provider agency shall | 9 |
| petition for the appointment of a guardian as provided in
| 10 |
| Article XIa of the Probate Act of 1975 for the purpose of | 11 |
| consenting to such
assessment or services or to protect the | 12 |
| eligible adult from further harm.
| 13 |
| (Source: P.A. 90-628, eff. 1-1-99.)
| 14 |
| (320 ILCS 20/13)
| 15 |
| Sec. 13. Access.
| 16 |
| (a) The designated provider agencies shall have access to
| 17 |
| eligible adults who have been reported or found to be victims | 18 |
| of abuse,
neglect, or financial exploitation , or self-neglect | 19 |
| in order to assess the validity of the
report, assess
other | 20 |
| needs of the eligible adult, and provide services in accordance | 21 |
| with this
Act.
| 22 |
| (b) Where access to an eligible adult is denied, the Office | 23 |
| of the Attorney
General, the Department, or the provider agency | 24 |
| may petition the court for an
order to require appropriate | 25 |
| access where:
| 26 |
| (1) a caregiver or third party has interfered with the | 27 |
| assessment or
service plan, or
| 28 |
| (2) the agency has reason to believe that the eligible | 29 |
| adult is denying
access because of coercion, extortion, or | 30 |
| justifiable fear of future abuse,
neglect, or financial | 31 |
| exploitation.
| 32 |
| (c) The petition for an order requiring appropriate access | 33 |
| shall be afforded
an expedited hearing in the circuit court.
|
|
|
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| (d) If the elder abuse provider agency has substantiated | 2 |
| financial
exploitation against an eligible adult, and has | 3 |
| documented a reasonable belief
that the eligible adult will be | 4 |
| irreparably harmed as a result of the financial
exploitation, | 5 |
| the Office of the Attorney General, the Department, or the
| 6 |
| provider agency may petition for an order freezing the assets | 7 |
| of the eligible
adult. The petition shall be filed in the | 8 |
| county or counties in which the
assets are located. The court's | 9 |
| order shall prohibit the sale, gifting,
transfer, or wasting of | 10 |
| the assets of the eligible adult, both real and
personal, owned | 11 |
| by, or vested in, the eligible adult, without the express
| 12 |
| permission of the court. The petition to freeze the assets of | 13 |
| the eligible
adult shall be afforded an expedited hearing in | 14 |
| the circuit court.
| 15 |
| (Source: P.A. 90-628, eff. 1-1-99.)
| 16 |
| Section 10. The Criminal Code of 1961 is amended by | 17 |
| changing Section 16-1.3 as follows:
| 18 |
| (720 ILCS 5/16-1.3) (from Ch. 38, par. 16-1.3)
| 19 |
| Sec. 16-1.3. Financial exploitation of an elderly person or | 20 |
| a
person with a disability.
| 21 |
| (a) A person commits the offense of financial exploitation | 22 |
| of an elderly
person or a person with a disability when he or | 23 |
| she stands in a
position of trust
or confidence with the
| 24 |
| elderly person or a person with a disability
and he
or she | 25 |
| knowingly and by
deception or
intimidation obtains control over | 26 |
| the property of an elderly person or
a person
with a disability
| 27 |
| or illegally uses the assets or resources of an elderly person | 28 |
| or a
person with a disability. The illegal use of the assets or | 29 |
| resources of an
elderly person or a person with a disability | 30 |
| includes, but is not limited
to, the misappropriation of those | 31 |
| assets or resources by undue influence,
breach of a fiduciary | 32 |
| relationship, fraud, deception, extortion, or
use of the assets |
|
|
|
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| or resources contrary to law.
| 2 |
| Financial exploitation of an elderly person or a person
| 3 |
| with a
disability is a Class 4
felony if the value of the | 4 |
| property is $300 or less, a Class 3 felony if
the value of the | 5 |
| property is more than $300 but less than $5,000, a Class 2
| 6 |
| felony if the value of the property is $5,000 or more but less | 7 |
| than
$100,000 and a Class 1 felony if the value of the property | 8 |
| is $100,000 or more
or if the elderly person is over 70 years | 9 |
| of age and the value of the
property is $15,000 or more or if | 10 |
| the elderly person is 80 years of age or
older and the value of | 11 |
| the property is $5,000 or more.
| 12 |
| (b) For purposes of this Section:
| 13 |
| (1) "Elderly person" means a person 60
years of age or | 14 |
| older.
| 15 |
| (2) "Person with a disability" means a person who
| 16 |
| suffers from a permanent physical or mental impairment | 17 |
| resulting from
disease, injury, functional disorder or | 18 |
| congenital condition that impairs the
individual's mental | 19 |
| or physical ability to independently manage his or her
| 20 |
| property or financial resources, or both.
| 21 |
| (3) "Intimidation" means the communication to an | 22 |
| elderly person or a
person with a disability that he or she | 23 |
| shall be deprived of food and
nutrition,
shelter, | 24 |
| prescribed
medication ,
or medical care and treatment , or | 25 |
| contact with that person's family members or care provider. | 26 |
| "Intimidation" also means the communication to an elderly | 27 |
| person or a person with a disability that he or she will be | 28 |
| unnecessarily moved from his or her current residence to | 29 |
| another residence or to a facility .
| 30 |
| (4) "Deception" means, in addition to its meaning as | 31 |
| defined in Section
15-4 of this Code,
a misrepresentation | 32 |
| or concealment of material fact
relating to the terms of a | 33 |
| contract or agreement entered into with the
elderly person | 34 |
| or person with a disability or to the
existing or
|
|
|
|
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| 1 |
| pre-existing condition of
any of the property involved in | 2 |
| such contract or agreement; or the use or
employment of any | 3 |
| misrepresentation, false pretense or false promise in
| 4 |
| order to induce, encourage or solicit the elderly person or
| 5 |
| person with
a disability to
enter into a contract or | 6 |
| agreement.
| 7 |
| (c) For purposes of this Section, a person stands in a | 8 |
| position of
trust and confidence with an elderly person or | 9 |
| person with a
disability when he (1) is a
parent, spouse, adult | 10 |
| child or other relative by blood or marriage of the
elderly | 11 |
| person or person with a disability, (2) is a joint
tenant or
| 12 |
| tenant in common with
the elderly person or person with a | 13 |
| disability, (3) has
a legal or
fiduciary relationship
with the | 14 |
| elderly person or person with a disability, or (4) is a | 15 |
| financial
planning or investment professional.
| 16 |
| (d) Nothing in this Section shall be construed to limit the | 17 |
| remedies
available to the victim under the Illinois Domestic | 18 |
| Violence Act of 1986.
| 19 |
| (e) Nothing in this Section shall be construed to impose | 20 |
| criminal
liability on a person who has made a good faith effort | 21 |
| to assist the
elderly person or person with a disability in the
| 22 |
| management of his or her
property, but through
no fault of his | 23 |
| or her own has been unable to provide such assistance.
| 24 |
| (f) It shall not be a defense to financial exploitation of | 25 |
| an elderly
person or person with a disability that the accused | 26 |
| reasonably believed
that the victim was
not an elderly person | 27 |
| or person with a disability.
| 28 |
| (g) Civil Liability. A person who is charged by information | 29 |
| or
indictment with the offense of financial exploitation of an | 30 |
| elderly person
or person with a disability and who fails or | 31 |
| refuses to return
the victim's property
within 60 days | 32 |
| following a written demand from the victim or the victim's
| 33 |
| legal representative shall be liable to the victim or to the | 34 |
| estate of the
victim in damages of treble the amount of the |
|
|
|
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| 1 |
| value of the property
obtained, plus reasonable attorney fees | 2 |
| and court costs. The burden of
proof that the defendant | 3 |
| unlawfully obtained the victim's property shall be
by a | 4 |
| preponderance of the evidence. This subsection shall be | 5 |
| operative
whether or not the defendant has been convicted of | 6 |
| the offense.
| 7 |
| (Source: P.A. 92-808, eff. 8-21-02; 93-301, eff. 1-1-04.)".
|
|