Full Text of HB3065 101st General Assembly
HB3065eng 101ST GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning aging.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Adult Protective Services Act is amended by | 5 | | changing Section 5 as follows:
| 6 | | (320 ILCS 20/5) (from Ch. 23, par. 6605)
| 7 | | Sec. 5. Procedure.
| 8 | | (a) A provider agency designated to receive reports
of | 9 | | alleged or suspected abuse, neglect, financial
exploitation, | 10 | | or self-neglect under
this Act shall, upon
receiving such a | 11 | | report, conduct a face-to-face assessment with respect to
such | 12 | | report, in accord with established law and Department | 13 | | protocols, procedures, and policies. Face-to-face assessments, | 14 | | casework, and follow-up of reports of self-neglect by the | 15 | | provider agencies designated to receive reports of | 16 | | self-neglect shall be subject to sufficient appropriation for | 17 | | statewide implementation of assessments, casework, and | 18 | | follow-up of reports of self-neglect. In the absence of | 19 | | sufficient appropriation for statewide implementation of | 20 | | assessments, casework, and follow-up of reports of | 21 | | self-neglect, the designated adult protective services | 22 | | provider agency shall refer all reports of self-neglect to the | 23 | | appropriate agency or agencies as designated by the Department |
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| 1 | | for any follow-up. The assessment shall include, but not be | 2 | | limited to, a visit
to the residence of the eligible adult who | 3 | | is the subject of the report and
may include interviews or | 4 | | consultations with service agencies or
individuals who may have | 5 | | knowledge of the eligible adult's circumstances.
If, after the | 6 | | assessment, the provider agency determines that the case is
| 7 | | substantiated it shall develop a service care plan for the | 8 | | eligible adult and may report its findings at any time during | 9 | | the case to the appropriate law enforcement agency in accord | 10 | | with established law and Department protocols, procedures, and | 11 | | policies.
In developing a case plan, the provider agency may | 12 | | consult with any other
appropriate provider of services, and | 13 | | such providers shall be immune from
civil or criminal liability | 14 | | on account of such acts. The plan shall
include alternative | 15 | | suggested or recommended
services which are appropriate to the | 16 | | needs of the eligible adult and which
involve the least | 17 | | restriction of the eligible adult's activities
commensurate | 18 | | with his or her needs. Only those services to which consent
is
| 19 | | provided in accordance with Section 9 of this Act shall be | 20 | | provided,
contingent upon the availability of such services.
| 21 | | (a-5) When conducting any investigation concerning a | 22 | | report of suspected abuse, neglect, financial exploitation, or | 23 | | self-neglect of an eligible adult, the Department shall contact | 24 | | as many of the eligible adult's family members, neighbors, and | 25 | | friends as reasonably possible under the circumstances. | 26 | | (b) A provider agency shall refer evidence of crimes |
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| 1 | | against an eligible
adult to the appropriate law enforcement | 2 | | agency according to Department
policies. A referral to law | 3 | | enforcement may be made at intake or any time
during the case. | 4 | | Where a provider agency has reason to believe the death of an
| 5 | | eligible adult may be the result of abuse or neglect, the | 6 | | agency shall
immediately report the matter to the coroner or | 7 | | medical examiner and shall
cooperate fully with any subsequent | 8 | | investigation. | 9 | | (c) If any person other than the alleged victim refuses to | 10 | | allow the provider agency to begin
an investigation, interferes | 11 | | with the provider agency's ability to
conduct an investigation, | 12 | | or refuses to give access to an eligible
adult, the appropriate | 13 | | law enforcement agency must be consulted regarding the | 14 | | investigation.
| 15 | | (Source: P.A. 98-49, eff. 7-1-13; 98-1039, eff. 8-25-14.)
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