Full Text of HB4327 98th General Assembly
HB4327sam001 98TH GENERAL ASSEMBLY | Sen. William R. Haine Filed: 5/9/2014
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| 1 | | AMENDMENT TO HOUSE BILL 4327
| 2 | | AMENDMENT NO. ______. Amend House Bill 4327 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Open Meetings Act is amended by changing | 5 | | Section 2 as follows:
| 6 | | (5 ILCS 120/2) (from Ch. 102, par. 42)
| 7 | | Sec. 2. Open meetings.
| 8 | | (a) Openness required. All meetings of public
bodies shall | 9 | | be open to the public unless excepted in subsection (c)
and | 10 | | closed in accordance with Section 2a.
| 11 | | (b) Construction of exceptions. The exceptions contained | 12 | | in subsection
(c) are in derogation of the requirement that | 13 | | public bodies
meet in the open, and therefore, the exceptions | 14 | | are to be strictly
construed, extending only to subjects | 15 | | clearly within their scope.
The exceptions authorize but do not | 16 | | require the holding of
a closed meeting to discuss a subject |
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| 1 | | included within an enumerated exception.
| 2 | | (c) Exceptions. A public body may hold closed meetings to | 3 | | consider the
following subjects:
| 4 | | (1) The appointment, employment, compensation, | 5 | | discipline, performance,
or dismissal of specific | 6 | | employees of the public body or legal counsel for
the | 7 | | public body, including hearing
testimony on a complaint | 8 | | lodged against an employee of the public body or
against | 9 | | legal counsel for the public body to determine its | 10 | | validity.
| 11 | | (2) Collective negotiating matters between the public | 12 | | body and its
employees or their representatives, or | 13 | | deliberations concerning salary
schedules for one or more | 14 | | classes of employees.
| 15 | | (3) The selection of a person to fill a public office,
| 16 | | as defined in this Act, including a vacancy in a public | 17 | | office, when the public
body is given power to appoint | 18 | | under law or ordinance, or the discipline,
performance or | 19 | | removal of the occupant of a public office, when the public | 20 | | body
is given power to remove the occupant under law or | 21 | | ordinance.
| 22 | | (4) Evidence or testimony presented in open hearing, or | 23 | | in closed
hearing where specifically authorized by law, to
| 24 | | a quasi-adjudicative body, as defined in this Act, provided | 25 | | that the body
prepares and makes available for public | 26 | | inspection a written decision
setting forth its |
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| 1 | | determinative reasoning.
| 2 | | (5) The purchase or lease of real property for the use | 3 | | of
the public body, including meetings held for the purpose | 4 | | of discussing
whether a particular parcel should be | 5 | | acquired.
| 6 | | (6) The setting of a price for sale or lease of | 7 | | property owned
by the public body.
| 8 | | (7) The sale or purchase of securities, investments, or | 9 | | investment
contracts. This exception shall not apply to the | 10 | | investment of assets or income of funds deposited into the | 11 | | Illinois Prepaid Tuition Trust Fund.
| 12 | | (8) Security procedures and the use of personnel and
| 13 | | equipment to respond to an actual, a threatened, or a | 14 | | reasonably
potential danger to the safety of employees, | 15 | | students, staff, the public, or
public
property.
| 16 | | (9) Student disciplinary cases.
| 17 | | (10) The placement of individual students in special | 18 | | education
programs and other matters relating to | 19 | | individual students.
| 20 | | (11) Litigation, when an action against, affecting or | 21 | | on behalf of the
particular public body has been filed and | 22 | | is pending before a court or
administrative tribunal, or | 23 | | when the public body finds that an action is
probable or | 24 | | imminent, in which case the basis for the finding shall be
| 25 | | recorded and entered into the minutes of the closed | 26 | | meeting.
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| 1 | | (12) The establishment of reserves or settlement of | 2 | | claims as provided
in the Local Governmental and | 3 | | Governmental Employees Tort Immunity Act, if
otherwise the | 4 | | disposition of a claim or potential claim might be
| 5 | | prejudiced, or the review or discussion of claims, loss or | 6 | | risk management
information, records, data, advice or | 7 | | communications from or with respect
to any insurer of the | 8 | | public body or any intergovernmental risk management
| 9 | | association or self insurance pool of which the public body | 10 | | is a member.
| 11 | | (13) Conciliation of complaints of discrimination in | 12 | | the sale or rental
of housing, when closed meetings are | 13 | | authorized by the law or ordinance
prescribing fair housing | 14 | | practices and creating a commission or
administrative | 15 | | agency for their enforcement.
| 16 | | (14) Informant sources, the hiring or assignment of | 17 | | undercover personnel
or equipment, or ongoing, prior or | 18 | | future criminal investigations, when
discussed by a public | 19 | | body with criminal investigatory responsibilities.
| 20 | | (15) Professional ethics or performance when | 21 | | considered by an advisory
body appointed to advise a | 22 | | licensing or regulatory agency on matters
germane to the | 23 | | advisory body's field of competence.
| 24 | | (16) Self evaluation, practices and procedures or | 25 | | professional ethics,
when meeting with a representative of | 26 | | a statewide association of which the
public body is a |
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| 1 | | member.
| 2 | | (17) The recruitment, credentialing, discipline or | 3 | | formal peer review
of physicians or other
health care | 4 | | professionals for a hospital, or
other institution | 5 | | providing medical care, that is operated by the public | 6 | | body.
| 7 | | (18) Deliberations for decisions of the Prisoner | 8 | | Review Board.
| 9 | | (19) Review or discussion of applications received | 10 | | under the
Experimental Organ Transplantation Procedures | 11 | | Act.
| 12 | | (20) The classification and discussion of matters | 13 | | classified as
confidential or continued confidential by | 14 | | the State Government Suggestion Award
Board.
| 15 | | (21) Discussion of minutes of meetings lawfully closed | 16 | | under this Act,
whether for purposes of approval by the | 17 | | body of the minutes or semi-annual
review of the minutes as | 18 | | mandated by Section 2.06.
| 19 | | (22) Deliberations for decisions of the State
| 20 | | Emergency Medical Services Disciplinary
Review Board.
| 21 | | (23) The operation by a municipality of a municipal | 22 | | utility or the
operation of a
municipal power agency or | 23 | | municipal natural gas agency when the
discussion involves | 24 | | (i) contracts relating to the
purchase, sale, or delivery | 25 | | of electricity or natural gas or (ii) the results
or | 26 | | conclusions of load forecast studies.
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| 1 | | (24) Meetings of a residential health care facility | 2 | | resident sexual
assault and death review
team or
the | 3 | | Executive
Council under the Abuse Prevention Review
Team | 4 | | Act.
| 5 | | (25) Meetings of an independent team of experts under | 6 | | Brian's Law. | 7 | | (26) Meetings of a mortality review team appointed | 8 | | under the Department of Juvenile Justice Mortality Review | 9 | | Team Act. | 10 | | (27) (Blank). | 11 | | (28) Correspondence and records (i) that may not be | 12 | | disclosed under Section 11-9 of the Public Aid Code or (ii) | 13 | | that pertain to appeals under Section 11-8 of the Public | 14 | | Aid Code. | 15 | | (29) Meetings between internal or external auditors | 16 | | and governmental audit committees, finance committees, and | 17 | | their equivalents, when the discussion involves internal | 18 | | control weaknesses, identification of potential fraud risk | 19 | | areas, known or suspected frauds, and fraud interviews | 20 | | conducted in accordance with generally accepted auditing | 21 | | standards of the United States of America. | 22 | | (30) Those meetings or portions of meetings of a an | 23 | | at-risk adult fatality review team or the Illinois At-Risk | 24 | | Adult Fatality Review Team Advisory Council during which a | 25 | | review of the death of an eligible adult in which abuse or | 26 | | neglect is suspected, alleged, or substantiated is |
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| 1 | | conducted pursuant to Section 15 of the Adult Protective | 2 | | Services Act. | 3 | | (31) (30) Meetings and deliberations for decisions of | 4 | | the Concealed Carry Licensing Review Board under the | 5 | | Firearm Concealed Carry Act. | 6 | | (d) Definitions. For purposes of this Section:
| 7 | | "Employee" means a person employed by a public body whose | 8 | | relationship
with the public body constitutes an | 9 | | employer-employee relationship under
the usual common law | 10 | | rules, and who is not an independent contractor.
| 11 | | "Public office" means a position created by or under the
| 12 | | Constitution or laws of this State, the occupant of which is | 13 | | charged with
the exercise of some portion of the sovereign | 14 | | power of this State. The term
"public office" shall include | 15 | | members of the public body, but it shall not
include | 16 | | organizational positions filled by members thereof, whether
| 17 | | established by law or by a public body itself, that exist to | 18 | | assist the
body in the conduct of its business.
| 19 | | "Quasi-adjudicative body" means an administrative body | 20 | | charged by law or
ordinance with the responsibility to conduct | 21 | | hearings, receive evidence or
testimony and make | 22 | | determinations based
thereon, but does not include
local | 23 | | electoral boards when such bodies are considering petition | 24 | | challenges.
| 25 | | (e) Final action. No final action may be taken at a closed | 26 | | meeting.
Final action shall be preceded by a public recital of |
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| 1 | | the nature of the
matter being considered and other information | 2 | | that will inform the
public of the business being conducted.
| 3 | | (Source: P.A. 97-318, eff. 1-1-12; 97-333, eff. 8-12-11; | 4 | | 97-452, eff. 8-19-11; 97-813, eff. 7-13-12; 97-876, eff. | 5 | | 8-1-12; 98-49, eff. 7-1-13; 98-63, eff. 7-9-13; revised | 6 | | 7-23-13.)
| 7 | | Section 10. The Freedom of Information Act is amended by | 8 | | changing Section 7.5 as follows: | 9 | | (5 ILCS 140/7.5) | 10 | | Sec. 7.5. Statutory Exemptions. To the extent provided for | 11 | | by the statutes referenced below, the following shall be exempt | 12 | | from inspection and copying: | 13 | | (a) All information determined to be confidential under | 14 | | Section 4002 of the Technology Advancement and Development Act. | 15 | | (b) Library circulation and order records identifying | 16 | | library users with specific materials under the Library Records | 17 | | Confidentiality Act. | 18 | | (c) Applications, related documents, and medical records | 19 | | received by the Experimental Organ Transplantation Procedures | 20 | | Board and any and all documents or other records prepared by | 21 | | the Experimental Organ Transplantation Procedures Board or its | 22 | | staff relating to applications it has received. | 23 | | (d) Information and records held by the Department of | 24 | | Public Health and its authorized representatives relating to |
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| 1 | | known or suspected cases of sexually transmissible disease or | 2 | | any information the disclosure of which is restricted under the | 3 | | Illinois Sexually Transmissible Disease Control Act. | 4 | | (e) Information the disclosure of which is exempted under | 5 | | Section 30 of the Radon Industry Licensing Act. | 6 | | (f) Firm performance evaluations under Section 55 of the | 7 | | Architectural, Engineering, and Land Surveying Qualifications | 8 | | Based Selection Act. | 9 | | (g) Information the disclosure of which is restricted and | 10 | | exempted under Section 50 of the Illinois Prepaid Tuition Act. | 11 | | (h) Information the disclosure of which is exempted under | 12 | | the State Officials and Employees Ethics Act, and records of | 13 | | any lawfully created State or local inspector general's office | 14 | | that would be exempt if created or obtained by an Executive | 15 | | Inspector General's office under that Act. | 16 | | (i) Information contained in a local emergency energy plan | 17 | | submitted to a municipality in accordance with a local | 18 | | emergency energy plan ordinance that is adopted under Section | 19 | | 11-21.5-5 of the Illinois Municipal Code. | 20 | | (j) Information and data concerning the distribution of | 21 | | surcharge moneys collected and remitted by wireless carriers | 22 | | under the Wireless Emergency Telephone Safety Act. | 23 | | (k) Law enforcement officer identification information or | 24 | | driver identification information compiled by a law | 25 | | enforcement agency or the Department of Transportation under | 26 | | Section 11-212 of the Illinois Vehicle Code. |
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| 1 | | (l) Records and information provided to a residential | 2 | | health care facility resident sexual assault and death review | 3 | | team or the Executive Council under the Abuse Prevention Review | 4 | | Team Act. | 5 | | (m) Information provided to the predatory lending database | 6 | | created pursuant to Article 3 of the Residential Real Property | 7 | | Disclosure Act, except to the extent authorized under that | 8 | | Article. | 9 | | (n) Defense budgets and petitions for certification of | 10 | | compensation and expenses for court appointed trial counsel as | 11 | | provided under Sections 10 and 15 of the Capital Crimes | 12 | | Litigation Act. This subsection (n) shall apply until the | 13 | | conclusion of the trial of the case, even if the prosecution | 14 | | chooses not to pursue the death penalty prior to trial or | 15 | | sentencing. | 16 | | (o) Information that is prohibited from being disclosed | 17 | | under Section 4 of the Illinois Health and Hazardous Substances | 18 | | Registry Act. | 19 | | (p) Security portions of system safety program plans, | 20 | | investigation reports, surveys, schedules, lists, data, or | 21 | | information compiled, collected, or prepared by or for the | 22 | | Regional Transportation Authority under Section 2.11 of the | 23 | | Regional Transportation Authority Act or the St. Clair County | 24 | | Transit District under the Bi-State Transit Safety Act. | 25 | | (q) Information prohibited from being disclosed by the | 26 | | Personnel Records Review Act. |
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| 1 | | (r) Information prohibited from being disclosed by the | 2 | | Illinois School Student Records Act. | 3 | | (s) Information the disclosure of which is restricted under | 4 | | Section 5-108 of the Public Utilities Act.
| 5 | | (t) All identified or deidentified health information in | 6 | | the form of health data or medical records contained in, stored | 7 | | in, submitted to, transferred by, or released from the Illinois | 8 | | Health Information Exchange, and identified or deidentified | 9 | | health information in the form of health data and medical | 10 | | records of the Illinois Health Information Exchange in the | 11 | | possession of the Illinois Health Information Exchange | 12 | | Authority due to its administration of the Illinois Health | 13 | | Information Exchange. The terms "identified" and | 14 | | "deidentified" shall be given the same meaning as in the Health | 15 | | Insurance Accountability and Portability Act of 1996, Public | 16 | | Law 104-191, or any subsequent amendments thereto, and any | 17 | | regulations promulgated thereunder. | 18 | | (u) Records and information provided to an independent team | 19 | | of experts under Brian's Law. | 20 | | (v) Names and information of people who have applied for or | 21 | | received Firearm Owner's Identification Cards under the | 22 | | Firearm Owners Identification Card Act or applied for or | 23 | | received a concealed carry license under the Firearm Concealed | 24 | | Carry Act, unless otherwise authorized by the Firearm Concealed | 25 | | Carry Act; and databases under the Firearm Concealed Carry Act, | 26 | | records of the Concealed Carry Licensing Review Board under the |
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| 1 | | Firearm Concealed Carry Act, and law enforcement agency | 2 | | objections under the Firearm Concealed Carry Act. | 3 | | (w) Personally identifiable information which is exempted | 4 | | from disclosure under subsection (g) of Section 19.1 of the | 5 | | Toll Highway Act. | 6 | | (x) Information which is exempted from disclosure under | 7 | | Section 5-1014.3 of the Counties Code or Section 8-11-21 of the | 8 | | Illinois Municipal Code. | 9 | | (y) Confidential information under the Adult Protective | 10 | | Services Act and its predecessor enabling statute, the Elder | 11 | | Abuse and Neglect Act, including information about the identity | 12 | | and administrative finding against any caregiver of a verified | 13 | | and substantiated decision of significant abuse, neglect, or | 14 | | financial exploitation of an eligible adult maintained in the | 15 | | Department of Public Health's Health Care Worker Registry | 16 | | established under Section 7.5 . | 17 | | (z) Records and information provided to a an at-risk adult | 18 | | fatality review team or the Illinois At-Risk Adult Fatality | 19 | | Review Team Advisory Council under Section 15 of the Adult | 20 | | Protective Services Act. | 21 | | (Source: P.A. 97-80, eff. 7-5-11; 97-333, eff. 8-12-11; 97-342, | 22 | | eff. 8-12-11; 97-813, eff. 7-13-12; 97-976, eff. 1-1-13; 98-49, | 23 | | eff. 7-1-13; 98-63, eff. 7-9-13; revised 7-23-13.) | 24 | | Section 15. The Adult Protective Services Act is amended by | 25 | | changing Sections 2, 3, 3.5, 4, 5, 7.5, 8, 9, 13, and 15 as |
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| 1 | | follows:
| 2 | | (320 ILCS 20/2) (from Ch. 23, par. 6602)
| 3 | | Sec. 2. Definitions. As used in this Act, unless the | 4 | | context
requires otherwise:
| 5 | | (a) "Abuse" means causing any physical, mental or sexual | 6 | | injury to an
eligible adult, including exploitation of such | 7 | | adult's financial resources.
| 8 | | Nothing in this Act shall be construed to mean that an | 9 | | eligible adult is a
victim of abuse, neglect, or self-neglect | 10 | | for the sole reason that he or she is being
furnished with or | 11 | | relies upon treatment by spiritual means through prayer
alone, | 12 | | in accordance with the tenets and practices of a recognized | 13 | | church
or religious denomination.
| 14 | | Nothing in this Act shall be construed to mean that an | 15 | | eligible adult is a
victim of abuse because of health care | 16 | | services provided or not provided by
licensed health care | 17 | | professionals.
| 18 | | (a-5) "Abuser" means a person who abuses, neglects, or | 19 | | financially
exploits an eligible adult.
| 20 | | (a-6) "Adult with disabilities" means a person aged 18 | 21 | | through 59 who resides in a domestic living situation and whose | 22 | | disability as defined in subsection (c-5) impairs his or her | 23 | | ability to seek or obtain protection from abuse, neglect, or | 24 | | exploitation. | 25 | | (a-7) "Caregiver" means a person who either as a result of |
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| 1 | | a family
relationship, voluntarily, or in exchange for | 2 | | compensation has assumed
responsibility for all or a portion of | 3 | | the care of an eligible adult who needs
assistance with | 4 | | activities of daily
living or instrumental activities of daily | 5 | | living .
| 6 | | (b) "Department" means the Department on Aging of the State | 7 | | of Illinois.
| 8 | | (c) "Director" means the Director of the Department.
| 9 | | (c-5) "Disability" means a physical or mental disability, | 10 | | including, but not limited to, a developmental disability, an | 11 | | intellectual disability, a mental illness as defined under the | 12 | | Mental Health and Developmental Disabilities Code, or dementia | 13 | | as defined under the Alzheimer's Disease Assistance Act. | 14 | | (d) "Domestic living situation" means a residence where the | 15 | | eligible
adult at the time of the report lives alone or with | 16 | | his or her family or a caregiver, or others,
or other | 17 | | community-based unlicensed facility, but
is not:
| 18 | | (1) A licensed facility as defined in Section 1-113 of | 19 | | the Nursing Home
Care Act;
| 20 | | (1.5) A facility licensed under the ID/DD Community | 21 | | Care Act; | 22 | | (1.7) A facility licensed under the Specialized Mental | 23 | | Health Rehabilitation Act of 2013;
| 24 | | (2) A "life care facility" as defined in the Life Care | 25 | | Facilities Act;
| 26 | | (3) A home, institution, or other place operated by the |
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| 1 | | federal
government or agency thereof or by the State of | 2 | | Illinois;
| 3 | | (4) A hospital, sanitarium, or other institution, the | 4 | | principal activity
or business of which is the diagnosis, | 5 | | care, and treatment of human illness
through the | 6 | | maintenance and operation of organized facilities | 7 | | therefor,
which is required to be licensed under the | 8 | | Hospital Licensing Act;
| 9 | | (5) A "community living facility" as defined in the | 10 | | Community Living
Facilities Licensing Act;
| 11 | | (6) (Blank);
| 12 | | (7) A "community-integrated living arrangement" as | 13 | | defined in
the Community-Integrated Living Arrangements | 14 | | Licensure and Certification Act or a "community | 15 | | residential alternative" as licensed under that Act;
| 16 | | (8) An assisted living or shared housing establishment | 17 | | as defined in the Assisted Living and Shared Housing Act; | 18 | | or
| 19 | | (9) A supportive living facility as described in | 20 | | Section 5-5.01a of the Illinois Public Aid Code.
| 21 | | (e) "Eligible adult" means either an adult with | 22 | | disabilities aged 18 through 59 or a person aged 60 or older | 23 | | who
resides in a domestic living situation and is, or is | 24 | | alleged
to be, abused, neglected, or financially exploited by | 25 | | another individual or who neglects himself or herself.
| 26 | | (f) "Emergency" means a situation in which an eligible |
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| 1 | | adult is living
in conditions presenting a risk of death or | 2 | | physical, mental or sexual
injury and the provider agency has | 3 | | reason to believe the eligible adult is
unable to
consent to | 4 | | services which would alleviate that risk.
| 5 | | (f-1) "Financial exploitation" means the use of an eligible | 6 | | adult's resources by another to the disadvantage of that adult | 7 | | or the profit or advantage of a person other than that adult. | 8 | | (f-5) "Mandated reporter" means any of the following | 9 | | persons
while engaged in carrying out their professional | 10 | | duties:
| 11 | | (1) a professional or professional's delegate while | 12 | | engaged in: (i) social
services, (ii) law enforcement, | 13 | | (iii) education, (iv) the care of an eligible
adult or | 14 | | eligible adults, or (v) any of the occupations required to | 15 | | be licensed
under
the Clinical Psychologist Licensing Act, | 16 | | the Clinical Social Work and Social
Work Practice Act, the | 17 | | Illinois Dental Practice Act, the Dietitian Nutritionist | 18 | | Practice Act, the Marriage and Family Therapy Licensing | 19 | | Act, the
Medical Practice Act of 1987, the Naprapathic | 20 | | Practice Act, the
Nurse Practice Act, the Nursing Home
| 21 | | Administrators Licensing and
Disciplinary Act, the | 22 | | Illinois Occupational Therapy Practice Act, the Illinois
| 23 | | Optometric Practice Act of 1987, the Pharmacy Practice Act, | 24 | | the
Illinois Physical Therapy Act, the Physician Assistant | 25 | | Practice Act of 1987,
the Podiatric Medical Practice Act of | 26 | | 1987, the Respiratory Care Practice
Act,
the Professional |
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| 1 | | Counselor and
Clinical Professional Counselor Licensing | 2 | | and Practice Act, the Illinois Speech-Language
Pathology | 3 | | and Audiology Practice Act, the Veterinary Medicine and | 4 | | Surgery
Practice Act of 2004, and the Illinois Public | 5 | | Accounting Act;
| 6 | | (1.5) an employee of an entity providing developmental | 7 | | disabilities services or service coordination funded by | 8 | | the Department of Human Services;
| 9 | | (2) an employee of a vocational rehabilitation | 10 | | facility prescribed or
supervised by the Department of | 11 | | Human Services;
| 12 | | (3) an administrator, employee, or person providing | 13 | | services in or through
an unlicensed community based | 14 | | facility;
| 15 | | (4) any religious practitioner who provides treatment | 16 | | by prayer or spiritual means alone in accordance with the | 17 | | tenets and practices of a recognized church or religious | 18 | | denomination, except as to information received in any | 19 | | confession or sacred communication enjoined by the | 20 | | discipline of the religious denomination to be held | 21 | | confidential;
| 22 | | (5) field personnel of the Department of Healthcare and | 23 | | Family Services, Department of Public
Health, and | 24 | | Department of Human Services, and any county or
municipal | 25 | | health department;
| 26 | | (6) personnel of the Department of Human Services, the |
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| 1 | | Guardianship and
Advocacy Commission, the State Fire | 2 | | Marshal, local fire departments, the
Department on Aging | 3 | | and its subsidiary Area Agencies on Aging and provider
| 4 | | agencies, and the Office of State Long Term Care Ombudsman;
| 5 | | (7) any employee of the State of Illinois not otherwise | 6 | | specified herein
who is involved in providing services to | 7 | | eligible adults, including
professionals providing medical | 8 | | or rehabilitation services and all
other persons having | 9 | | direct contact with eligible adults;
| 10 | | (8) a person who performs the duties of a coroner
or | 11 | | medical examiner; or
| 12 | | (9) a person who performs the duties of a paramedic or | 13 | | an emergency
medical
technician.
| 14 | | (g) "Neglect" means
another individual's failure to | 15 | | provide an eligible
adult with or willful withholding from an | 16 | | eligible adult the necessities of
life including, but not | 17 | | limited to, food, clothing, shelter or health care.
This | 18 | | subsection does not create any new affirmative duty to provide | 19 | | support to
eligible adults. Nothing in this Act shall be | 20 | | construed to mean that an
eligible adult is a victim of neglect | 21 | | because of health care services provided
or not provided by | 22 | | licensed health care professionals.
| 23 | | (h) "Provider agency" means any public or nonprofit agency | 24 | | in a planning
and service area that is selected by the | 25 | | Department or appointed by the regional administrative agency | 26 | | with prior
approval by the Department on Aging to receive and |
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| 1 | | assess reports of
alleged or suspected abuse, neglect, or | 2 | | financial exploitation. A provider agency is also referenced as | 3 | | a "designated agency" in this Act.
| 4 | | (i) "Regional administrative agency" means any public or | 5 | | nonprofit
agency in a planning and service area that provides | 6 | | regional oversight and performs functions as set forth in | 7 | | subsection (b) of Section 3 of this Act. The Department shall | 8 | | designate an Area Agency on Aging as the regional | 9 | | administrative agency or, in the event the Area Agency on Aging | 10 | | in that planning and service area is deemed by the Department | 11 | | to be unwilling or unable to provide those functions, the | 12 | | Department may serve as the regional administrative agency or | 13 | | designate another qualified entity to serve as the regional | 14 | | administrative agency; any such designation shall be subject to | 15 | | terms set forth by the Department. so designated by the | 16 | | Department,
provided that the designated Area Agency on Aging | 17 | | shall be designated the
regional administrative agency if it so | 18 | | requests.
The Department shall assume the functions of the | 19 | | 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 health care; and obtaining goods and services |
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| 1 | | necessary to maintain physical health, mental health, | 2 | | emotional well-being, and general safety. The term includes | 3 | | compulsive hoarding, which is characterized by the acquisition | 4 | | and retention of large quantities of items and materials that | 5 | | produce an extensively cluttered living space, which | 6 | | significantly impairs the performance of essential self-care | 7 | | tasks or otherwise substantially threatens life or safety.
| 8 | | (j) "Substantiated case" means a reported case of alleged | 9 | | or suspected
abuse, neglect, financial exploitation, or | 10 | | self-neglect in which a provider agency,
after assessment, | 11 | | determines that there is reason to believe abuse,
neglect, or | 12 | | financial exploitation has occurred.
| 13 | | (k) "Verified" means a determination that there is "clear | 14 | | and convincing evidence" that the specific injury or harm | 15 | | alleged was the result of abuse, neglect, or financial | 16 | | exploitation. | 17 | | (Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-300, | 18 | | eff. 8-11-11; 97-706, eff. 6-25-12; 97-813, eff. 7-13-12; | 19 | | 97-1141, eff. 12-28-12; 98-49, eff. 7-1-13; 98-104, eff. | 20 | | 7-22-13; revised 9-19-13.)
| 21 | | (320 ILCS 20/3) (from Ch. 23, par. 6603)
| 22 | | Sec. 3. Responsibilities.
| 23 | | (a) The Department shall establish,
design, and manage a | 24 | | protective services program for eligible adults who have been, | 25 | | or are alleged to be, victims of abuse, neglect, financial |
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| 1 | | exploitation, or self-neglect. The Department
shall contract | 2 | | with or fund, or contract with and fund, regional
| 3 | | administrative
agencies, provider
agencies, or both, for the | 4 | | provision of those
functions, and, contingent on adequate | 5 | | funding, with attorneys or legal
services provider agencies for | 6 | | the
provision of legal assistance pursuant to this Act. For | 7 | | self-neglect, the program shall include the following services | 8 | | for eligible adults who have been removed from their residences | 9 | | for the purpose of cleanup or repairs: temporary housing; | 10 | | counseling; and caseworker services to try to ensure that the | 11 | | conditions necessitating the removal do not reoccur.
| 12 | | (a-1) The Department shall by rule develop standards for | 13 | | minimum staffing levels and staff qualifications. The | 14 | | Department shall by rule establish mandatory standards for the | 15 | | investigation of abuse, neglect, financial exploitation, or | 16 | | self-neglect of eligible adults and mandatory procedures for | 17 | | linking eligible adults to appropriate services and supports. | 18 | | (a-5) A provider agency shall, in accordance with rules | 19 | | promulgated by the Department, establish a multi-disciplinary | 20 | | team to act in an advisory role for the purpose of providing | 21 | | professional knowledge and expertise in the handling of complex | 22 | | abuse cases involving eligible adults. Each multi-disciplinary | 23 | | team shall consist of one volunteer representative from the | 24 | | following professions: banking or finance; disability care; | 25 | | health care; law; law enforcement; mental health care; and | 26 | | clergy. A provider agency may also choose to add |
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| 1 | | representatives from the fields of substance abuse, domestic | 2 | | violence, sexual assault, or other related fields. To support | 3 | | multi-disciplinary teams in this role, law enforcement | 4 | | agencies and coroners or medical examiners shall supply records | 5 | | as may be requested in particular cases. | 6 | | (b) Each regional administrative agency shall designate | 7 | | provider
agencies within its planning and service area with | 8 | | prior approval by the
Department on Aging, monitor the use of | 9 | | services, provide technical
assistance to the provider | 10 | | agencies and be involved in program development
activities.
| 11 | | (c) Provider agencies shall assist, to the extent possible, | 12 | | eligible
adults who need agency
services to allow them to | 13 | | continue to function independently. Such
assistance shall | 14 | | include, but not be limited to, receiving reports of alleged
or | 15 | | suspected abuse, neglect, financial exploitation,
or | 16 | | self-neglect, conducting face-to-face assessments of
such | 17 | | reported cases, determination of substantiated cases, referral | 18 | | of
substantiated cases for necessary support services,
| 19 | | referral of criminal conduct to law enforcement in accordance | 20 | | with Department
guidelines,
and provision of case
work and | 21 | | follow-up services on substantiated cases. In the case of a | 22 | | report of alleged or suspected abuse or neglect that places an | 23 | | eligible adult at risk of injury or death, a provider agency | 24 | | shall respond to the report on an emergency basis in accordance | 25 | | with guidelines established by the Department by | 26 | | administrative rule and shall ensure that it is capable of |
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| 1 | | responding to such a report 24 hours per day, 7 days per week. | 2 | | A provider agency may use an on-call system to respond to | 3 | | reports of alleged or suspected abuse or neglect after hours | 4 | | and on weekends.
| 5 | | (c-5) Where a provider agency has reason to believe that | 6 | | the death of an eligible adult may be the result of abuse or | 7 | | neglect, including any reports made after death, the agency | 8 | | shall immediately report the matter to both the appropriate law | 9 | | enforcement agency and the coroner or medical examiner. Between | 10 | | 30 and 45 days after making such a report, the provider agency | 11 | | again shall contact the law enforcement agency and coroner or | 12 | | medical examiner to determine whether any further action was | 13 | | taken. Upon request by a provider agency, a law enforcement | 14 | | agency and coroner or medical examiner shall supply a summary | 15 | | of its action in response to a reported death of an eligible | 16 | | adult. A copy of the report shall be maintained and all | 17 | | subsequent follow-up with the law enforcement agency and | 18 | | coroner or medical examiner shall be documented in the case | 19 | | record of the eligible adult. If the law enforcement agency, | 20 | | coroner, or medical examiner determines the reported death was | 21 | | caused by abuse or neglect by a caregiver, the law enforcement | 22 | | agency, coroner, or medical examiner shall inform the | 23 | | Department, and the Department shall report the caregiver's | 24 | | identity on the Registry as described in Section 7.5 of this | 25 | | Act. | 26 | | (d) Upon sufficient appropriations to implement a |
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| 1 | | statewide program, the Department shall implement a program, | 2 | | based on the recommendations of the Self-Neglect Steering | 3 | | Committee, for (i) responding to reports of possible | 4 | | self-neglect, (ii) protecting the autonomy, rights, privacy, | 5 | | and privileges of adults during investigations of possible | 6 | | self-neglect and consequential judicial proceedings regarding | 7 | | competency, (iii) collecting and sharing relevant information | 8 | | and data among the Department, provider agencies, regional | 9 | | administrative agencies, and relevant seniors, (iv) developing | 10 | | working agreements between provider agencies and law | 11 | | enforcement, where practicable, and (v) developing procedures | 12 | | for collecting data regarding incidents of self-neglect.
| 13 | | (Source: P.A. 98-49, eff. 7-1-13.)
| 14 | | (320 ILCS 20/3.5) | 15 | | Sec. 3.5. Other Responsibilities. The Department shall | 16 | | also be
responsible for the following activities, contingent | 17 | | upon adequate funding; implementation shall be expanded to | 18 | | adults with disabilities upon the effective date of this | 19 | | amendatory Act of the 98th General Assembly, except those | 20 | | responsibilities under subsection (a), which shall be | 21 | | undertaken as soon as practicable: | 22 | | (a) promotion of a wide range of endeavors for the | 23 | | purpose of preventing
abuse, neglect, financial | 24 | | exploitation, and self-neglect, including, but not limited | 25 | | to, promotion of public
and professional education to |
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| 1 | | increase awareness of abuse, neglect,
financial | 2 | | exploitation, and self-neglect; to increase reports; to | 3 | | establish access to and use of the Health Care Worker | 4 | | Registry established under Section 7.5 ; and to improve | 5 | | response by
various legal, financial, social, and health | 6 | | systems; | 7 | | (b) coordination of efforts with other agencies, | 8 | | councils, and like
entities, to include but not be limited | 9 | | to, the Administrative Office of the Illinois Courts, the | 10 | | Office of the Attorney General,
the State Police, the | 11 | | Illinois Law Enforcement Training Standards
Board, the | 12 | | State Triad, the Illinois Criminal Justice Information
| 13 | | Authority, the
Departments of Public Health, Healthcare | 14 | | and Family Services, and Human Services, the Illinois | 15 | | Guardianship and Advocacy Commission, the Family
Violence | 16 | | Coordinating Council, the Illinois Violence Prevention | 17 | | Authority,
and other
entities which may impact awareness | 18 | | of, and response to, abuse, neglect,
financial | 19 | | exploitation, and self-neglect; | 20 | | (c) collection and analysis of data; | 21 | | (d) monitoring of the performance of regional | 22 | | administrative agencies and adult protective services
| 23 | | agencies; | 24 | | (e) promotion of prevention activities; | 25 | | (f) establishing and coordinating an aggressive | 26 | | training program on the unique
nature of adult abuse cases |
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| 1 | | with other agencies, councils, and like entities,
to | 2 | | include but not be limited to the Office of the Attorney | 3 | | General, the
State Police, the Illinois Law Enforcement | 4 | | Training Standards Board, the
State Triad, the Illinois | 5 | | Criminal Justice Information Authority, the State
| 6 | | Departments of Public Health, Healthcare and Family | 7 | | Services, and Human Services, the Family
Violence | 8 | | Coordinating Council, the Illinois Violence Prevention | 9 | | Authority,
the agency designated by the Governor under | 10 | | Section 1 of the Protection and Advocacy for | 11 | | Developmentally Disabled Persons Act, and other entities | 12 | | that may impact awareness of and response to
abuse, | 13 | | neglect, financial exploitation, and self-neglect; | 14 | | (g) solicitation of financial institutions for the | 15 | | purpose of making
information available to the general | 16 | | public warning of financial exploitation
of adults and | 17 | | related financial fraud or abuse, including such
| 18 | | information and warnings available through signage or | 19 | | other written
materials provided by the Department on the | 20 | | premises of such financial
institutions, provided that the | 21 | | manner of displaying or distributing such
information is | 22 | | subject to the sole discretion of each financial | 23 | | institution;
| 24 | | (g-1) developing by joint rulemaking with the | 25 | | Department of Financial and Professional Regulation | 26 | | minimum training standards which shall be used by financial |
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| 1 | | institutions for their current and new employees with | 2 | | direct customer contact; the Department of Financial and | 3 | | Professional Regulation shall retain sole visitation and | 4 | | enforcement authority under this subsection (g-1); the | 5 | | Department of Financial and Professional Regulation shall | 6 | | provide bi-annual reports to the Department setting forth | 7 | | aggregate statistics on the training programs required | 8 | | under this subsection (g-1); and | 9 | | (h) coordinating efforts with utility and electric | 10 | | companies to send
notices in utility bills to
explain to | 11 | | persons 60 years of age or older
their rights regarding | 12 | | telemarketing and home repair fraud. | 13 | | (Source: P.A. 98-49, eff. 7-1-13.)
| 14 | | (320 ILCS 20/4) (from Ch. 23, par. 6604)
| 15 | | Sec. 4. Reports of abuse or neglect.
| 16 | | (a) Any person who suspects the abuse,
neglect,
financial | 17 | | exploitation, or self-neglect of an eligible adult may
report
| 18 | | this suspicion to an agency designated to receive such
reports | 19 | | under this Act or to the Department.
| 20 | | (a-5) If any mandated reporter has reason to believe that | 21 | | an eligible
adult,
who because of a disability or other | 22 | | condition or impairment is unable to seek assistance for | 23 | | himself or herself,
has, within the previous 12 months, been | 24 | | subjected to abuse, neglect, or
financial exploitation, the | 25 | | mandated reporter shall, within 24 hours after
developing
such |
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| 1 | | belief, report this suspicion to an agency designated to | 2 | | receive such
reports under this Act or
to the Department. The | 3 | | agency designated to receive such reports under this Act or the | 4 | | Department may establish a manner in which a mandated reporter | 5 | | can make the required report through an Internet reporting | 6 | | tool. Information sent and received through the Internet | 7 | | reporting tool is subject to the same rules in this Act as | 8 | | other types of confidential reporting established by the | 9 | | designated agency or the Department. Whenever a mandated | 10 | | reporter
is required to report under this Act in his or her | 11 | | capacity as a member of
the staff of a medical or other public | 12 | | or private institution, facility,
or agency, he or she shall | 13 | | make a report
to an agency designated to receive such
reports | 14 | | under this Act or
to the Department in accordance
with the | 15 | | provisions of this Act and may also notify the person in charge | 16 | | of
the institution, facility, board and care home, or agency or | 17 | | his or her
designated agent that the
report has been made. | 18 | | Under no circumstances shall any person in charge of
such | 19 | | institution, facility, board and care home, or agency, or his | 20 | | or her
designated agent to whom
the notification has been made, | 21 | | exercise any control, restraint,
modification, or other change | 22 | | in the report or the forwarding of the report
to an agency | 23 | | designated to receive such
reports under this Act or
to the | 24 | | Department. The privileged quality of communication between | 25 | | any
professional
person required to report
and his or her | 26 | | patient or client shall not apply to situations involving
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| 1 | | abused, neglected, or financially exploited eligible adults | 2 | | and shall not
constitute
grounds for failure to
report
as | 3 | | required by this Act.
| 4 | | (a-7) A person making a report
under this Act in the belief | 5 | | that it is in the alleged victim's best
interest shall be | 6 | | immune from criminal or civil liability or professional
| 7 | | disciplinary action on account of making the report, | 8 | | notwithstanding any
requirements concerning the | 9 | | confidentiality of information with respect to
such eligible | 10 | | adult which might otherwise be applicable.
| 11 | | (a-9) Law enforcement officers
shall continue to report | 12 | | incidents of alleged abuse pursuant to the
Illinois Domestic | 13 | | Violence Act of 1986, notwithstanding any requirements
under | 14 | | this Act.
| 15 | | (b) Any person, institution or agency participating in the | 16 | | making of
a report, providing
information or records related to | 17 | | a report, assessment, or services, or
participating in the | 18 | | investigation of a report under
this Act in good faith, or | 19 | | taking photographs or x-rays as a result of an
authorized | 20 | | assessment, shall have immunity from any civil, criminal or
| 21 | | other liability in any civil, criminal or other proceeding | 22 | | brought in
consequence of making such report or assessment or | 23 | | on account of submitting
or otherwise disclosing such | 24 | | photographs or x-rays to any agency designated
to receive | 25 | | reports of alleged or suspected abuse or neglect. Any person,
| 26 | | institution or agency authorized by the Department to provide |
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| 1 | | assessment,
intervention, or administrative services under | 2 | | this Act shall, in the good
faith performance of those | 3 | | services, have immunity from any civil, criminal
or other | 4 | | liability in any civil, criminal, or other proceeding brought | 5 | | as a
consequence of the performance of those services.
For the | 6 | | purposes of any civil, criminal, or other proceeding, the good | 7 | | faith
of any person required to report, permitted to report, or | 8 | | participating in an
investigation of a report of alleged or | 9 | | suspected abuse, neglect,
financial exploitation, or | 10 | | self-neglect shall be
presumed.
| 11 | | (c) The identity of a person making a report of alleged or | 12 | | suspected
abuse, neglect, financial exploitation, or | 13 | | self-neglect under this Act may be disclosed by the Department
| 14 | | or other agency provided for in this Act only with such | 15 | | person's written
consent or by court order, but is otherwise | 16 | | confidential.
| 17 | | (d) The Department shall by rule establish a system for | 18 | | filing and
compiling reports made under this Act.
| 19 | | (e) Any physician who willfully fails to report as required | 20 | | by this Act
shall be referred to the Illinois State Medical | 21 | | Disciplinary Board for action
in accordance with subdivision | 22 | | (A)(22) of Section 22 of the Medical Practice
Act of 1987. Any | 23 | | dentist or dental hygienist who willfully fails to report as
| 24 | | required by this Act shall be referred to the Department of | 25 | | Professional
Regulation for action in accordance with | 26 | | paragraph 19 of Section 23 of the
Illinois Dental Practice Act. |
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| 1 | | Any optometrist who willfully fails to report as required by | 2 | | this Act shall be referred to the Department of Financial and | 3 | | Professional Regulation for action in accordance with | 4 | | paragraph (15) of subsection (a) of Section 24 of the Illinois | 5 | | Optometric Practice Act of 1987. Any other mandated reporter | 6 | | required by
this Act to report suspected abuse, neglect, or | 7 | | financial exploitation who
willfully fails to report the same | 8 | | is guilty of a Class A misdemeanor.
| 9 | | (Source: P.A. 97-860, eff. 7-30-12; 98-49, eff. 7-1-13.)
| 10 | | (320 ILCS 20/5) (from Ch. 23, par. 6605)
| 11 | | Sec. 5. Procedure.
| 12 | | (a) A provider agency designated to receive reports
of | 13 | | alleged or suspected abuse, neglect, financial
exploitation, | 14 | | or self-neglect under
this Act shall, upon
receiving such a | 15 | | report, conduct a face-to-face assessment with respect to
such | 16 | | report, in accord with established law and Department | 17 | | protocols, procedures, and policies. Face-to-face assessments, | 18 | | casework, and follow-up of reports of self-neglect by the | 19 | | provider agencies designated to receive reports of | 20 | | self-neglect shall be subject to sufficient appropriation for | 21 | | statewide implementation of assessments, casework, and | 22 | | follow-up of reports of self-neglect. In the absence of | 23 | | sufficient appropriation for statewide implementation of | 24 | | assessments, casework, and follow-up of reports of | 25 | | self-neglect, the designated adult protective services |
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| 1 | | provider agency shall refer all reports of self-neglect to the | 2 | | appropriate agency or agencies as designated by the Department | 3 | | for any follow-up. The assessment shall include, but not be | 4 | | limited to, a visit
to the residence of the eligible adult who | 5 | | is the subject of the report and
may include interviews or | 6 | | consultations with service agencies or
individuals who may have | 7 | | knowledge of the eligible adult's circumstances.
If, after the | 8 | | assessment, the provider agency determines that the case is
| 9 | | substantiated it shall develop a service care plan for the | 10 | | eligible adult and may report its findings at any time during | 11 | | the case to the appropriate law enforcement agency in accord | 12 | | with established law and Department protocols, procedures, and | 13 | | policies.
In developing a case plan, the provider agency may | 14 | | consult with any other
appropriate provider of services, and | 15 | | such providers shall be immune from
civil or criminal liability | 16 | | on account of such acts. The plan shall
include alternative | 17 | | suggested or recommended
services which are appropriate to the | 18 | | needs of the eligible adult and which
involve the least | 19 | | restriction of the eligible adult's activities
commensurate | 20 | | with his or her needs. Only those services to which consent
is
| 21 | | provided in accordance with Section 9 of this Act shall be | 22 | | provided,
contingent upon the availability of such services.
| 23 | | (b) A provider agency shall refer evidence of crimes | 24 | | against an eligible
adult to the appropriate law enforcement | 25 | | agency according to Department
policies. A referral to law | 26 | | enforcement may be made at intake or any time
during the case. |
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| 1 | | Where a provider agency has reason to believe the death of an
| 2 | | eligible adult may be the result of abuse or neglect, the | 3 | | agency shall
immediately report the matter to the coroner or | 4 | | medical examiner and shall
cooperate fully with any subsequent | 5 | | investigation. | 6 | | (c) If any person other than the alleged victim refuses to | 7 | | allow the provider agency to begin
an investigation, interferes | 8 | | with the provider agency's ability to
conduct an investigation, | 9 | | or refuses to give access to an eligible
adult, the appropriate | 10 | | law enforcement agency must be consulted regarding the | 11 | | investigation.
| 12 | | (Source: P.A. 98-49, eff. 7-1-13.)
| 13 | | (320 ILCS 20/7.5) | 14 | | Sec. 7.5. Health Care Worker Registry. | 15 | | (a) To protect individuals receiving in-home and | 16 | | community-based services, the Department on Aging shall | 17 | | establish an Adult Protective Service Registry that will be | 18 | | hosted by the Department of Public Health on its website | 19 | | effective January 1, 2015, and, if practicable, shall propose | 20 | | rules for the Registry by January 1, 2015. | 21 | | (a-5) The Registry shall identify caregivers against whom a | 22 | | verified and substantiated finding was made under this Act of | 23 | | abuse, neglect, or financial exploitation. | 24 | | The information in the Registry shall be confidential | 25 | | except as specifically authorized in this Act and shall not be |
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| 1 | | deemed a public record. | 2 | | (a-10) (a) Reporting to the Registry. The Department on | 3 | | Aging shall report to the to the Department of Public Health's | 4 | | Health Care Worker Registry the identity of the caregiver when | 5 | | a and administrative finding of a verified and substantiated | 6 | | finding decision of abuse, neglect, or financial exploitation | 7 | | of an eligible adult under this Act that is made against a | 8 | | caregiver, and all appeals, challenges, and reviews, if any, | 9 | | have been completed and a finding for placement on the Registry | 10 | | has been sustained or upheld. any caregiver , including | 11 | | consultants and volunteers, employed by a provider licensed, | 12 | | certified, or regulated by, or paid with public funds from, the | 13 | | Department of Public Health, Healthcare and Family Services, or | 14 | | Human Services, or the Department on Aging. For uncompensated | 15 | | or privately paid caregivers, the Department on Aging shall | 16 | | report only a verified and substantiated decision of | 17 | | significant abuse, neglect, or financial exploitation of an | 18 | | eligible adult under this Act. | 19 | | A An administrative finding against a caregiver that is | 20 | | placed in the Registry shall preclude that any caregiver from | 21 | | providing direct care, as defined in this Section access or | 22 | | other services, including consulting and volunteering , in a | 23 | | position with or that is regulated by or paid with public funds | 24 | | from the Department on Aging, the Department of Healthcare and | 25 | | Family Services, the Department of Human Services, or the | 26 | | Department of Public Health or with an entity or provider |
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| 1 | | licensed, certified, or regulated by or paid with public funds | 2 | | from any of these State agencies a provider that is licensed, | 3 | | certified, or regulated by, or paid with public funds from or | 4 | | on behalf of, the State of Illinois or any Department thereof, | 5 | | that permits the caregiver direct access to an adult aged 60 or | 6 | | older or an adult, over 18, with a disability or to that | 7 | | individual's living quarters or personal, financial, or | 8 | | medical records . | 9 | | (b) Definitions. As used in this Section: | 10 | | "Direct care" includes, but is not limited to, direct | 11 | | access to a person aged 60 or older or to an adult with | 12 | | disabilities aged 18 through 59 to an individual , his or her | 13 | | living quarters, or his or her personal, financial, or medical | 14 | | records for the purpose of providing nursing care or assistance | 15 | | with feeding, dressing, movement, bathing, toileting, other | 16 | | personal needs and activities of daily living or instrumental | 17 | | activities of daily living , or assistance with financial | 18 | | transactions. | 19 | | "Participant" means an individual who uses the services of | 20 | | an in-home care program funded through the Department on Aging, | 21 | | the Department of Healthcare and Family Services, the | 22 | | Department of Human Services, or the Department of Public | 23 | | Health. | 24 | | "Privately paid caregiver" means any caregiver who has been | 25 | | paid with resources other than public funds, regardless of | 26 | | licensure, certification, or regulation by the State of |
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| 1 | | Illinois and any Department thereof. A privately paid caregiver | 2 | | does not include any caregiver that has been licensed, | 3 | | certified, or regulated by a State agency, or paid with public | 4 | | funds. | 5 | | "Significant" means a finding of abuse, neglect, or | 6 | | financial exploitation as determined by the Department that (i) | 7 | | represents a meaningful failure to adequately provide for, or a | 8 | | material indifference to, the financial, health, safety, or | 9 | | medical needs of an eligible adult or (ii) results in an | 10 | | eligible adult's death or other serious deterioration of an | 11 | | eligible adult's financial resources, physical condition, or | 12 | | mental condition. | 13 | | "Uncompensated caregiver" means a caregiver who, in an | 14 | | informal capacity, assists an eligible adult with activities of | 15 | | daily living, financial transactions, or chore housekeeping | 16 | | type duties. "Uncompensated caregiver" does not refer to an | 17 | | individual serving in a formal capacity as a volunteer with a | 18 | | provider licensed, certified, or regulated by a State agency. | 19 | | (c) Access to and use of the Registry. Access to the | 20 | | Registry shall be limited to the Department on Aging, the | 21 | | Department of Healthcare and Family Services, the Department of | 22 | | Human Services, and the Department of Public Health and | 23 | | providers of direct care as described in subsection (a-10) of | 24 | | this Section. These State agencies and providers licensed, | 25 | | certified, or regulated providers by the Department of Public | 26 | | Health, Healthcare and Family Service, or Human Services, or |
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| 1 | | the Department on Aging. The State of Illinois, any Department | 2 | | thereof, or a provider licensed, certified, or regulated, or | 3 | | paid with public funds by, from, or on behalf of the Department | 4 | | of Public Health, Healthcare and Family Services, or Human | 5 | | Services, or the Department on Aging, shall not hire , or | 6 | | compensate either directly or on behalf of a participant, or | 7 | | utilize the services of any person seeking employment, retain | 8 | | any contractors, or accept any volunteers to provide direct | 9 | | care without first conducting an online check of whether the | 10 | | person has been placed on the Registry the person through the | 11 | | Department of Public Health's Health Care Worker Registry . | 12 | | These State agencies and providers The provider shall maintain | 13 | | a copy of the results of the online check to demonstrate | 14 | | compliance with this requirement. These State agencies and | 15 | | providers are The provider is prohibited from retaining, | 16 | | hiring, compensating either directly or on behalf of a | 17 | | participant , or utilizing the services of accepting a person to | 18 | | provide direct care if , including as a consultant or volunteer, | 19 | | for whom the online check of the person reveals a verified and | 20 | | substantiated finding claim of abuse, neglect, or financial | 21 | | exploitation that has been placed on the Registry or when the | 22 | | State agencies or providers otherwise gain knowledge of such | 23 | | placement on the Registry , to provide direct access to any | 24 | | adult aged 60 or older or any adult, over 18, with a | 25 | | disability. Additionally, a provider is prohibited from | 26 | | retaining a person for whom they gain knowledge of a verified |
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| 1 | | and substantiated claim of abuse, neglect, or financial | 2 | | exploitation in a position that permits the caregiver direct | 3 | | access to provide direct care to any adult aged 60 or older or | 4 | | any adult, over 18, with a disability or direct access to that | 5 | | individual's living quarters or personal, financial, or | 6 | | medical records . Failure to comply with this requirement may | 7 | | subject such a provider to corrective action by the appropriate | 8 | | regulatory agency or other lawful remedies provided under the | 9 | | applicable licensure, certification, or regulatory laws and | 10 | | rules. | 11 | | (d) Notice to caregiver. The Department on Aging shall
| 12 | | establish rules concerning notice to the caregiver in cases of | 13 | | a verified and substantiated finding of abuse, neglect, or | 14 | | financial exploitation against him or her that may make him or | 15 | | her eligible for placement on the Registry . | 16 | | (e) Notification to eligible adults, guardians, or agents. | 17 | | As part of its investigation, the Department on Aging shall | 18 | | notify an eligible adult, or an eligible adult's guardian or | 19 | | agent, that his or her a caregiver's name may be placed on the | 20 | | Registry based on a finding as described in subsection (a-10) | 21 | | (a-1) of this Section. | 22 | | (f) Notification to employer. The Department on Aging shall | 23 | | notify the appropriate State agency or provider of direct care, | 24 | | as described in subsection (a-10), when there is A provider | 25 | | licensed, certified, or regulated by the Department of Public | 26 | | Health, Healthcare and Family Services, or Human Services, or |
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| 1 | | the Department on Aging shall be notified of an administrative | 2 | | finding against any caregiver who is an employee, consultant, | 3 | | or volunteer of a verified and substantiated finding decision | 4 | | of abuse, neglect, or financial exploitation in a case of an | 5 | | eligible adult under this Act that is reported on the Registry | 6 | | and that involves one of its caregivers. That State agency or | 7 | | provider is prohibited from retaining or compensating that | 8 | | individual in a position that involves direct care, and if . If | 9 | | there is an imminent risk of danger to the victim eligible | 10 | | adult or an imminent risk of misuse of personal, medical, or | 11 | | financial information, that the caregiver shall immediately be | 12 | | barred from providing direct care access to the victim eligible | 13 | | adult, his or her living quarters, or his or her personal, | 14 | | financial, or medical records, pending the outcome of any | 15 | | challenge, appeal, criminal prosecution, or other type of | 16 | | collateral action. | 17 | | (g) Challenges and appeals Caregiver challenges . The | 18 | | Department on Aging
shall establish, by rule, procedures | 19 | | concerning caregiver challenges and appeals to placement on the | 20 | | Registry pursuant to legislative intent. The Department shall | 21 | | not make any report to the Registry pending challenges or | 22 | | appeals . | 23 | | (h) Caregiver's rights to collateral action. The | 24 | | Department on Aging shall not make any report to the Registry | 25 | | if a caregiver notifies the Department in writing , including | 26 | | any supporting documentation, that he or she is formally |
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| 1 | | challenging an adverse employment action resulting from a | 2 | | verified and substantiated finding of abuse, neglect, or | 3 | | financial exploitation by complaint filed with the Illinois | 4 | | Civil Service Commission, or by another means which seeks to | 5 | | enforce the caregiver's rights pursuant to any applicable | 6 | | collective bargaining agreement. If an action taken by an | 7 | | employer against a caregiver as a result of a such a finding of | 8 | | abuse, neglect, or financial exploitation is overturned | 9 | | through an action filed with the Illinois Civil Service | 10 | | Commission or under any applicable collective bargaining | 11 | | agreement after that caregiver's name has already been sent to | 12 | | the Registry, the caregiver's name shall be removed from the | 13 | | Registry. | 14 | | (i) Removal from Registry. At any time after a report to | 15 | | the Registry, but no more than once in each successive 3-year | 16 | | period thereafter, for a maximum of 3 such requests, a | 17 | | caregiver may write to the Director of the Department on Aging | 18 | | to request removal of his or her name from the Registry in | 19 | | relationship to a single incident. The caregiver shall bear the | 20 | | burden of establishing showing cause that establishes , by a | 21 | | preponderance of the evidence, that removal of his or her name | 22 | | from the Registry is in the public interest. Upon receiving | 23 | | such a request, the Department on Aging shall conduct an | 24 | | investigation and consider any evidentiary material provided. | 25 | | The Department shall issue a decision either granting or | 26 | | denying removal within 60 calendar days, and shall issue such |
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| 1 | | decision to the caregiver and report it to the Registry. The | 2 | | waiver process at the Department of Public Health does not | 3 | | apply to Registry reports from the Department on Aging. The | 4 | | Department on Aging shall , by rule, establish standards and a | 5 | | process for requesting the removal of a name from the Registry | 6 | | by rule . | 7 | | (j) Referral of Registry reports to health care facilities. | 8 | | In the event an eligible adult receiving services from a | 9 | | provider agency changes his or her residence from a domestic | 10 | | living situation to that of a health care or long term care | 11 | | facility, the provider agency shall use reasonable efforts to | 12 | | promptly inform the health care facility and the appropriate | 13 | | Regional Long Term Care Ombudsman about any Registry reports | 14 | | relating to the eligible adult. For purposes of this Section, a | 15 | | health care or long term care facility includes, but is not | 16 | | limited to, any residential facility licensed, certified, or | 17 | | regulated by the Department of Public Health, Healthcare and | 18 | | Family Services, or Human Services.
| 19 | | (k) The Department on Aging and its employees and agents | 20 | | shall have immunity, except for intentional willful and wanton | 21 | | misconduct, from any liability, civil, criminal, or otherwise, | 22 | | for reporting information to and maintaining the Registry. | 23 | | (Source: P.A. 98-49, eff. 1-1-14; revised 11-12-13.)
| 24 | | (320 ILCS 20/8) (from Ch. 23, par. 6608)
| 25 | | Sec. 8. Access to records. All records concerning reports |
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| 1 | | of abuse,
neglect, financial exploitation, or self-neglect and | 2 | | all records generated as a result of
such reports shall be | 3 | | confidential and shall not be disclosed except as
specifically | 4 | | authorized by this Act or other applicable law. In accord with | 5 | | established law and Department protocols, procedures, and | 6 | | policies, access to such
records, but not access to the | 7 | | identity of the person or persons making a
report of alleged | 8 | | abuse, neglect,
financial exploitation, or self-neglect as | 9 | | contained in
such records, shall be provided, upon request, to | 10 | | the following persons and for the following
persons:
| 11 | | (1) Department staff, provider agency staff, other | 12 | | aging network staff, and
regional administrative agency | 13 | | staff, including staff of the Chicago Department on Aging | 14 | | while that agency is designated as a regional | 15 | | administrative agency, in the furtherance of their
| 16 | | responsibilities under this Act;
| 17 | | (2) A law enforcement agency investigating known or | 18 | | suspected
abuse, neglect, financial exploitation, or | 19 | | self-neglect. Where a provider
agency has reason to believe | 20 | | that the
death of an eligible adult may be the result of | 21 | | abuse or neglect, including any reports made after death, | 22 | | the agency
shall immediately provide the appropriate law | 23 | | enforcement agency with all
records pertaining to the | 24 | | eligible adult;
| 25 | | (2.5) A law enforcement agency, fire department | 26 | | agency, or fire protection district having proper |
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| 1 | | jurisdiction pursuant to a written agreement between a | 2 | | provider agency and the law enforcement agency, fire | 3 | | department agency, or fire protection district under which | 4 | | the provider agency may furnish to the law enforcement | 5 | | agency, fire department agency, or fire protection | 6 | | district a list of all eligible adults who may be at | 7 | | imminent risk of abuse, neglect, financial exploitation, | 8 | | or self-neglect; | 9 | | (3) A physician who has before him or her or who is | 10 | | involved
in the treatment of an eligible adult whom he or | 11 | | she reasonably suspects
may be abused, neglected, | 12 | | financially exploited, or self-neglected or who has been
| 13 | | referred to the Adult Protective Services Program;
| 14 | | (4) An eligible adult reported to be abused,
neglected,
| 15 | | financially exploited, or self-neglected, or such adult's | 16 | | authorized guardian or agent, unless such
guardian or agent | 17 | | is the abuser or the alleged abuser; | 18 | | (4.5) An executor or administrator of the estate of an | 19 | | eligible adult who is deceased;
| 20 | | (5) In cases regarding abuse, neglect, or financial | 21 | | exploitation, a court or a guardian ad litem, upon its or | 22 | | his or
her finding that access to such records may be
| 23 | | necessary for the determination of an issue before the | 24 | | court.
However,
such access shall be limited to an in | 25 | | camera inspection of the records,
unless the court | 26 | | determines that disclosure of the information contained
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| 1 | | therein is necessary for the resolution of an issue then | 2 | | pending before it;
| 3 | | (5.5) In cases regarding self-neglect, a guardian ad | 4 | | litem;
| 5 | | (6) A grand jury, upon its determination that access to | 6 | | such
records is necessary in the conduct of its official | 7 | | business;
| 8 | | (7) Any person authorized by the Director, in writing, | 9 | | for
audit or bona fide research purposes;
| 10 | | (8) A coroner or medical examiner who has reason to | 11 | | believe
that an eligible adult has died as the result of | 12 | | abuse, neglect,
financial exploitation, or self-neglect. | 13 | | The provider agency shall immediately provide the
coroner
| 14 | | or medical examiner with all records pertaining to the | 15 | | eligible adult;
| 16 | | (8.5) A coroner or medical examiner having proper | 17 | | jurisdiction, pursuant to a written agreement between a | 18 | | provider agency and the coroner or medical examiner, under | 19 | | which the provider agency may furnish to the office of the | 20 | | coroner or medical examiner a list of all eligible adults | 21 | | who may be at imminent risk of death as a result of abuse, | 22 | | neglect, financial exploitation, or self-neglect; | 23 | | (9) Department of Financial and Professional | 24 | | Regulation staff
and members of the Illinois Medical | 25 | | Disciplinary Board or the Social Work Examining and | 26 | | Disciplinary Board in the course
of investigating alleged |
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| 1 | | violations of the Clinical Social Work and Social Work
| 2 | | Practice Act by provider agency staff or other licensing | 3 | | bodies at the discretion of the Director of the Department | 4 | | on Aging; | 5 | | (9-a) Department of Healthcare and Family Services | 6 | | staff when that Department is funding services to the | 7 | | eligible adult, including access to the identity of the | 8 | | eligible adult; | 9 | | (9-b) Department of Human Services staff when that | 10 | | Department is funding services to the eligible adult or is | 11 | | providing reimbursement for services provided by the | 12 | | abuser or alleged abuser, including access to the identity | 13 | | of the eligible adult; | 14 | | (10) Hearing officers in the course of conducting an | 15 | | administrative hearing under this Act; parties to such | 16 | | hearing shall be entitled to discovery as established by | 17 | | rule; to determine whether a verified and substantiated | 18 | | finding of significant abuse, neglect, or financial | 19 | | exploitation of an eligible adult by a caregiver warrants | 20 | | reporting to the Health Care Worker Registry; and
| 21 | | (11) A caregiver who challenges placement on the | 22 | | Registry shall be given the statement of allegations in the | 23 | | abuse report and the substantiation decision in the final | 24 | | investigative report; and | 25 | | (12) (11) The Illinois Guardianship and Advocacy | 26 | | Commission and the agency designated by the Governor under |
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| 1 | | Section 1 of the Protection and Advocacy for | 2 | | Developmentally Disabled Persons Act shall have access, | 3 | | through the Department, to records, including the | 4 | | findings, pertaining to a completed or closed | 5 | | investigation of a report of suspected abuse, neglect, | 6 | | financial exploitation, or self-neglect of an eligible | 7 | | adult. | 8 | | (Source: P.A. 97-864, eff. 1-1-13; 98-49, eff. 7-1-13.)
| 9 | | (320 ILCS 20/9) (from Ch. 23, par. 6609)
| 10 | | Sec. 9. Authority to consent to services.
| 11 | | (a) If an eligible adult
consents to an assessment of a | 12 | | reported incident of suspected abuse, neglect, financial | 13 | | exploitation, or self-neglect and, following the assessment of | 14 | | such report, consents to services being provided according
to | 15 | | the case plan, such services shall be arranged to meet the
| 16 | | adult's needs, based upon the availability of resources to | 17 | | provide such
services. If an adult withdraws his or her consent | 18 | | for an assessment of the reported incident or withdraws his or | 19 | | her consent for services and refuses to accept
such services, | 20 | | the services shall not be provided.
| 21 | | (b) If it reasonably appears to the Department or other | 22 | | agency
designated under this Act that a person is an eligible | 23 | | adult and lacks the
capacity to consent to an assessment of a | 24 | | reported incident of suspected abuse, neglect, financial | 25 | | exploitation, or self-neglect or to necessary services, the
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| 1 | | Department or other agency shall take appropriate action | 2 | | necessary to ameliorate risk to the eligible adult if there is | 3 | | a threat of ongoing harm or another emergency exists. The | 4 | | Department or other agency
shall be authorized to seek the | 5 | | notify the Illinois Guardianship and Advocacy Commission, the | 6 | | Office of State Guardian, or any other appropriate agency, of | 7 | | the potential need for appointment of a temporary guardian as | 8 | | provided in Article XIa
of the Probate Act of 1975 for the | 9 | | purpose of consenting to an assessment of the reported incident | 10 | | and such services, together with an order for an evaluation of | 11 | | the eligible adult's physical, psychological, and medical | 12 | | condition and decisional capacity.
| 13 | | (c) A guardian of the person of an eligible adult may | 14 | | consent to
an assessment of the reported incident and to | 15 | | services being provided according to the case plan. If an | 16 | | eligible adult lacks capacity to consent, an agent having | 17 | | authority under a power of attorney may consent to an | 18 | | assessment of the reported incident and to services. If the | 19 | | guardian or agent is the suspected abuser and he or she
| 20 | | withdraws consent for the assessment of the reported incident, | 21 | | or refuses to allow services to be provided to
the
eligible | 22 | | adult, the Department, an agency designated under this Act, or | 23 | | the
office of the Attorney General may
request a court order | 24 | | seeking appropriate remedies, and may
in
addition request | 25 | | removal of the guardian and appointment of a successor
guardian | 26 | | or request removal of the agent and appointment of a guardian.
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| 1 | | (d) If an emergency exists and the Department or other | 2 | | agency designated
under this Act reasonably believes that a | 3 | | person is an eligible adult and
lacks the capacity to consent | 4 | | to necessary services, the Department or
other agency may | 5 | | request an ex parte order from the circuit court of the
county | 6 | | in which the petitioner or respondent resides or in which the | 7 | | alleged
abuse, neglect, financial exploitation, or | 8 | | self-neglect occurred, authorizing
an
assessment of a report of | 9 | | alleged or suspected abuse, neglect,
financial exploitation, | 10 | | or self-neglect or the provision of necessary services, or
| 11 | | both,
including relief available under the Illinois Domestic | 12 | | Violence Act of 1986 in accord with established law and | 13 | | Department protocols, procedures, and policies.
Petitions | 14 | | filed under this subsection shall be treated as expedited
| 15 | | proceedings. When an eligible adult is at risk of serious | 16 | | injury or death and it reasonably appears that the eligible | 17 | | adult lacks capacity to consent to necessary services, the | 18 | | Department or other agency designated under this Act may take | 19 | | action necessary to ameliorate the risk in accordance with | 20 | | administrative rules promulgated by the Department.
| 21 | | (d-5) For purposes of this Section, an eligible adult | 22 | | "lacks the capacity to consent" if qualified staff of an agency | 23 | | designated under this Act reasonably determine, in accordance | 24 | | with administrative rules promulgated by the Department, that | 25 | | he or she appears either (i) unable to receive and evaluate | 26 | | information related to the assessment or services or (ii) |
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| 1 | | unable to communicate in any manner decisions related to the | 2 | | assessment of the reported incident or services. | 3 | | (e) Within 15 days after the entry of the ex parte | 4 | | emergency order, the
order shall expire, or, if the need for | 5 | | assessment of the reported incident or services continues, the
| 6 | | provider agency shall petition for the appointment of a | 7 | | guardian as provided in
Article XIa of the Probate Act of 1975 | 8 | | for the purpose of consenting to such
assessment or services or | 9 | | to protect the eligible adult from further harm.
| 10 | | (f) If the court enters an ex parte order under subsection | 11 | | (d) for an assessment of a reported incident of alleged or | 12 | | suspected abuse, neglect, financial exploitation, or | 13 | | self-neglect, or for the provision of necessary services in | 14 | | connection with alleged or suspected self-neglect, or for both, | 15 | | the court, as soon as is practicable thereafter, shall appoint | 16 | | a guardian ad litem for the eligible adult who is the subject | 17 | | of the order, for the purpose of reviewing the reasonableness | 18 | | of the order. The guardian ad litem shall review the order and, | 19 | | if the guardian ad litem reasonably believes that the order is | 20 | | unreasonable, the guardian ad litem shall file a petition with | 21 | | the court stating the guardian ad litem's belief and requesting | 22 | | that the order be vacated.
| 23 | | (g) In all cases in which there is a substantiated finding | 24 | | of abuse, neglect, or financial exploitation by a guardian, the | 25 | | Department shall, within 30 days after the finding, notify the | 26 | | Probate Court with jurisdiction over the guardianship. |
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| 1 | | (Source: P.A. 98-49, eff. 7-1-13.)
| 2 | | (320 ILCS 20/13)
| 3 | | Sec. 13. Access.
| 4 | | (a) In accord with established law and Department | 5 | | protocols, procedures, and policies, the designated provider | 6 | | agencies shall have access to
eligible adults who have been | 7 | | reported or found to be victims of abuse,
neglect,
financial | 8 | | exploitation, or self-neglect
in order to assess the validity | 9 | | of the
report, assess
other needs of the eligible adult, and | 10 | | provide services in accordance with this
Act.
| 11 | | (a-5) A representative of the Department or a designated | 12 | | provider agency that is actively involved in an abuse, neglect, | 13 | | financial exploitation, or self-neglect investigation under | 14 | | this Act shall be allowed access to the financial records, | 15 | | mental and physical health records, and other relevant | 16 | | evaluative records of the eligible adult which are in the | 17 | | possession of any individual, financial institution, health | 18 | | care provider, mental health provider, educational facility, | 19 | | or other facility if necessary to complete the investigation | 20 | | mandated by this Act. The provider or facility shall provide | 21 | | such records to the representative upon receipt of a written | 22 | | request and certification from the Department or designated | 23 | | provider agency that an investigation is being conducted under | 24 | | this Act and the records are pertinent to the investigation. | 25 | | Any records received by such representative, the |
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| 1 | | confidentiality of which is protected by another law or rule, | 2 | | shall be maintained as confidential, except for such use as may | 3 | | be necessary for any administrative or other legal proceeding. | 4 | | (b) Where access to an eligible adult is denied, including | 5 | | the refusal to provide requested records, the Office of the | 6 | | Attorney
General, the Department, or the provider agency may | 7 | | petition the court for an
order to require appropriate access | 8 | | where:
| 9 | | (1) a caregiver or third party has interfered with the | 10 | | assessment or
service plan, or
| 11 | | (2) the agency has reason to believe that the eligible | 12 | | adult is denying
access because of coercion, extortion, or | 13 | | justifiable fear of future abuse,
neglect, or financial | 14 | | exploitation.
| 15 | | (c) The petition for an order requiring appropriate access | 16 | | shall be afforded
an expedited hearing in the circuit court.
| 17 | | (d) If the provider agency has substantiated financial
| 18 | | exploitation against an eligible adult, and has documented a | 19 | | reasonable belief
that the eligible adult will be irreparably | 20 | | harmed as a result of the financial
exploitation, the Office of | 21 | | the Attorney General, the Department, or the
provider agency | 22 | | may petition for an order freezing the assets of the eligible
| 23 | | adult. The petition shall be filed in the county or counties in | 24 | | which the
assets are located. The court's order shall prohibit | 25 | | the sale, gifting,
transfer, or wasting of the assets of the | 26 | | eligible adult, both real and
personal, owned by, or vested in, |
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| 1 | | the eligible adult, without the express
permission of the | 2 | | court. The petition to freeze the assets of the eligible
adult | 3 | | shall be afforded an expedited hearing in the circuit court.
| 4 | | (Source: P.A. 96-526, eff. 1-1-10.)
| 5 | | (320 ILCS 20/15) | 6 | | Sec. 15. Abuse Fatality Review Teams. | 7 | | (a) State policy. | 8 | | (1) Both the State and the community maintain a | 9 | | commitment to preventing the abuse, neglect, and financial | 10 | | exploitation of at-risk adults. This includes a charge to | 11 | | bring perpetrators of crimes against at-risk adults to | 12 | | justice and prevent untimely deaths in the community. | 13 | | (2) When an at-risk adult dies, the response to the | 14 | | death by the community, law enforcement, and the State must | 15 | | include an accurate and complete determination of the cause | 16 | | of death, and the development and implementation of | 17 | | measures to prevent future deaths from similar causes. | 18 | | (3) Multidisciplinary and multi-agency reviews of | 19 | | deaths can assist the State and counties in developing a | 20 | | greater understanding of the incidence and causes of | 21 | | premature deaths and the methods for preventing those | 22 | | deaths, improving methods for investigating deaths, and | 23 | | identifying gaps in services to at-risk adults. | 24 | | (4) Access to information regarding the deceased | 25 | | person and his or her family by multidisciplinary and |
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| 1 | | multi-agency at-risk adult fatality review teams is | 2 | | necessary in order to fulfill their purposes and duties. | 3 | | (a-5) Definitions. As used in this Section: | 4 | | "Advisory Council" means the Illinois At-Risk Adult | 5 | | Fatality Review Team Advisory Council. | 6 | | "Review Team" means a regional interagency at-risk | 7 | | adult fatality review team. | 8 | | (b) The Director, in consultation with the Advisory | 9 | | Council, law enforcement, and other professionals who work in | 10 | | the fields of investigating, treating, or preventing abuse or | 11 | | neglect of at-risk adults, shall appoint members to a minimum | 12 | | of one review team in each of the Department's planning and | 13 | | service areas. Each member of a review team shall be appointed | 14 | | for a 2-year term and shall be eligible for reappointment upon | 15 | | the expiration of the term. A review team's purpose in | 16 | | conducting review of at-risk adult deaths is: (i) to assist | 17 | | local agencies in identifying and reviewing suspicious deaths | 18 | | of adult victims of alleged, suspected, or substantiated abuse | 19 | | or neglect in domestic living situations; (ii) to facilitate | 20 | | communications between officials responsible for autopsies and | 21 | | inquests and persons involved in reporting or investigating | 22 | | alleged or suspected cases of abuse, neglect, or financial | 23 | | exploitation of at-risk adults and persons involved in | 24 | | providing services to at-risk adults; (iii) to evaluate means | 25 | | by which the death might have been prevented; and (iv) to | 26 | | report its findings to the appropriate agencies and the |
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| 1 | | Advisory Council and make recommendations that may help to | 2 | | reduce the number of at-risk adult deaths caused by abuse and | 3 | | neglect and that may help to improve the investigations of | 4 | | deaths of at-risk adults and increase prosecutions, if | 5 | | appropriate. | 6 | | (b-5) Each such team shall be composed of representatives | 7 | | of entities and individuals including, but not limited to: | 8 | | (1) the Department on Aging; | 9 | | (2) coroners or medical examiners (or both); | 10 | | (3) State's Attorneys; | 11 | | (4) local police departments; | 12 | | (5) forensic units; | 13 | | (6) local health departments; | 14 | | (7) a social service or health care agency that | 15 | | provides services to persons with mental illness, in a | 16 | | program whose accreditation to provide such services is | 17 | | recognized by the Division of Mental Health within the | 18 | | Department of Human Services; | 19 | | (8) a social service or health care agency that | 20 | | provides services to persons with developmental | 21 | | disabilities, in a program whose accreditation to provide | 22 | | such services is recognized by the Division of | 23 | | Developmental Disabilities within the Department of Human | 24 | | Services; | 25 | | (9) a local hospital, trauma center, or provider of | 26 | | emergency medicine; |
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| 1 | | (10) providers of services for eligible adults in | 2 | | domestic living situations; and | 3 | | (11) a physician, psychiatrist, or other health care | 4 | | provider knowledgeable about abuse and neglect of at-risk | 5 | | adults. | 6 | | (c) A review team shall review cases of deaths of at-risk | 7 | | adults occurring in its planning and service area (i) involving | 8 | | blunt force trauma or an undetermined manner or suspicious | 9 | | cause of death, (ii) if requested by the deceased's attending | 10 | | physician or an emergency room physician, (iii) upon referral | 11 | | by a health care provider, (iv) upon referral by a coroner or | 12 | | medical examiner, (v) constituting an open or closed case from | 13 | | an adult protective services agency, law enforcement agency, | 14 | | State's Attorney's office, or the Department of Human Services' | 15 | | Office of the Inspector General that involves alleged or | 16 | | suspected abuse, neglect, or financial exploitation; or
(vi) | 17 | | upon referral by a law enforcement agency or State's Attorney's | 18 | | office. If such a death occurs in a planning and service area | 19 | | where a review team has not yet been established, the Director | 20 | | shall request that the Advisory Council or another review team | 21 | | review that death. A team may also review deaths of at-risk | 22 | | adults if the alleged abuse or neglect occurred while the | 23 | | person was residing in a domestic living situation. | 24 | | A review team shall meet not less than 6 times a year to | 25 | | discuss cases for its possible review. Each review team, with | 26 | | the advice and consent of the Department, shall establish |
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| 1 | | criteria to be used in discussing cases of alleged, suspected, | 2 | | or substantiated abuse or neglect for review and shall conduct | 3 | | its activities in accordance with any applicable policies and | 4 | | procedures established by the Department. | 5 | | (c-5) The Illinois At-Risk Adult Fatality Review Team Teams | 6 | | Advisory Council, consisting of one member from each review | 7 | | team in Illinois, shall be the coordinating and oversight body | 8 | | for review teams and activities in Illinois. The Director may | 9 | | appoint to the Advisory Council any ex-officio members deemed | 10 | | necessary. Persons with expertise needed by the Advisory | 11 | | Council may be invited to meetings. The Advisory Council must | 12 | | select from its members a chairperson and a vice-chairperson, | 13 | | each to serve a 2-year term. The chairperson or | 14 | | vice-chairperson may be selected to serve additional, | 15 | | subsequent terms. The Advisory Council must meet at least 4 | 16 | | times during each calendar year. | 17 | | The Department may provide or arrange for the staff support | 18 | | necessary for the Advisory Council to carry out its duties. The | 19 | | Director, in cooperation and consultation with the Advisory | 20 | | Council, shall appoint, reappoint, and remove review team | 21 | | members. | 22 | | The Advisory Council has, but is not limited to, the | 23 | | following duties: | 24 | | (1) To serve as the voice of review teams in Illinois. | 25 | | (2) To oversee the review teams in order to ensure that | 26 | | the review teams' work is coordinated and in compliance |
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| 1 | | with State statutes and the operating protocol. | 2 | | (3) To ensure that the data, results, findings, and | 3 | | recommendations of the review teams are adequately used in | 4 | | a timely manner to make any necessary changes to the | 5 | | policies, procedures, and State statutes in order to | 6 | | protect at-risk adults. | 7 | | (4) To collaborate with the Department in order to | 8 | | develop any legislation needed to prevent unnecessary | 9 | | deaths of at-risk adults. | 10 | | (5) To ensure that the review teams' review processes | 11 | | are standardized in order to convey data, findings, and | 12 | | recommendations in a usable format. | 13 | | (6) To serve as a link with review teams throughout the | 14 | | country and to participate in national review team | 15 | | activities. | 16 | | (7) To provide the review teams with the most current | 17 | | information and practices concerning at-risk adult death | 18 | | review and related topics. | 19 | | (8) To perform any other functions necessary to enhance | 20 | | the capability of the review teams to reduce and prevent | 21 | | at-risk adult fatalities. | 22 | | The Advisory Council may prepare an annual report, in | 23 | | consultation with the Department, using aggregate data | 24 | | gathered by review teams and using the review teams' | 25 | | recommendations to develop education, prevention, prosecution, | 26 | | or other strategies designed to improve the coordination of |
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| 1 | | services for at-risk adults and their families. | 2 | | In any instance where a review team does not operate in | 3 | | accordance with established protocol, the Director, in | 4 | | consultation and cooperation with the Advisory Council, must | 5 | | take any necessary actions to bring the review team into | 6 | | compliance with the protocol. | 7 | | (d) Any document or oral or written communication shared | 8 | | within or produced by the review team relating to a case | 9 | | discussed or reviewed by the review team is confidential and is | 10 | | not admissible as evidence in any civil or criminal proceeding, | 11 | | except for use by a State's Attorney's office in prosecuting a | 12 | | criminal case against a caregiver. Those records and | 13 | | information are, however, subject to discovery or subpoena, and | 14 | | are admissible as evidence, to the extent they are otherwise | 15 | | available to the public. | 16 | | Any document or oral or written communication provided to a | 17 | | review team by an individual or entity, and created by that | 18 | | individual or entity solely for the use of the review team, is | 19 | | confidential, is not subject to disclosure to or discoverable | 20 | | by another party, and is not admissible as evidence in any | 21 | | civil or criminal proceeding, except for use by a State's | 22 | | Attorney's office in prosecuting a criminal case against a | 23 | | caregiver. Those records and information are, however, subject | 24 | | to discovery or subpoena, and are admissible as evidence, to | 25 | | the extent they are otherwise available to the public. | 26 | | Each entity or individual represented on the abuse fatality |
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| 1 | | review team may share with other members of the team | 2 | | information in the entity's or individual's possession | 3 | | concerning the decedent who is the subject of the review or | 4 | | concerning any person who was in contact with the decedent, as | 5 | | well as any other information deemed by the entity or | 6 | | individual to be pertinent to the review. Any such information | 7 | | shared by an entity or individual with other members of the | 8 | | review team is confidential. The intent of this paragraph is to | 9 | | permit the disclosure to members of the review team of any | 10 | | information deemed confidential or privileged or prohibited | 11 | | from disclosure by any other provision of law. Release of | 12 | | confidential communication between domestic violence advocates | 13 | | and a domestic violence victim shall follow subsection (d) of | 14 | | Section 227 of the Illinois Domestic Violence Act of 1986 which | 15 | | allows for the waiver of privilege afforded to guardians, | 16 | | executors, or administrators of the estate of the domestic | 17 | | violence victim. This provision relating to the release of | 18 | | confidential communication between domestic violence advocates | 19 | | and a domestic violence victim shall exclude adult protective | 20 | | service providers.
| 21 | | A coroner's or medical examiner's office may share with the | 22 | | review team medical records that have been made available to | 23 | | the coroner's or medical examiner's office in connection with | 24 | | that office's investigation of a death. | 25 | | Members of a review team and the Advisory Council are not | 26 | | subject to examination, in any civil or criminal proceeding, |
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| 1 | | concerning information presented to members of the review team | 2 | | or the Advisory Council or opinions formed by members of the | 3 | | review team or the Advisory Council based on that information. | 4 | | A person may, however, be examined concerning information | 5 | | provided to a review team or the Advisory Council. | 6 | | (d-5) Meetings of the review teams and the Advisory Council | 7 | | may be closed to the public under the Open Meetings Act. | 8 | | Records and information provided to a review team and the | 9 | | Advisory Council, and records maintained by a team or the | 10 | | Advisory Council, are exempt from release under the Freedom of | 11 | | Information Act. | 12 | | (e) A review team's recommendation in relation to a case | 13 | | discussed or reviewed by the review team, including, but not | 14 | | limited to, a recommendation concerning an investigation or | 15 | | prosecution, may be disclosed by the review team upon the | 16 | | completion of its review and at the discretion of a majority of | 17 | | its members who reviewed the case. | 18 | | (e-5) The State shall indemnify and hold harmless members | 19 | | of a review team and the Advisory Council for all their acts, | 20 | | omissions, decisions, or other conduct arising out of the scope | 21 | | of their service on the review team or Advisory Council, except | 22 | | those involving willful or wanton misconduct. The method of | 23 | | providing indemnification shall be as provided in the State | 24 | | Employee Indemnification Act. | 25 | | (f) The Department, in consultation with coroners, medical | 26 | | examiners, and law enforcement agencies, shall use aggregate |
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| 1 | | data gathered by and recommendations from the Advisory Council | 2 | | and the review teams to create an annual report and may use | 3 | | those data and recommendations to develop education, | 4 | | prevention, prosecution, or other strategies designed to | 5 | | improve the coordination of services for at-risk adults and | 6 | | their families. The Department or other State or county agency, | 7 | | in consultation with coroners, medical examiners, and law | 8 | | enforcement agencies, also may use aggregate data gathered by | 9 | | the review teams to create a database of at-risk individuals.
| 10 | | (g) The Department shall adopt such rules and regulations | 11 | | as it deems necessary to implement this Section. | 12 | | (Source: P.A. 98-49, eff. 7-1-13.)
| 13 | | Section 99. Effective date. This Act takes effect upon | 14 | | becoming law.".
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