HB3065 EnrolledLRB101 08858 KTG 53947 b

1    AN ACT concerning aging.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Adult Protective Services Act is amended by
5changing 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
9alleged or suspected abuse, neglect, financial exploitation,
10or self-neglect under this Act shall, upon receiving such a
11report, conduct a face-to-face assessment with respect to such
12report, in accord with established law and Department
13protocols, procedures, and policies. Face-to-face assessments,
14casework, and follow-up of reports of self-neglect by the
15provider agencies designated to receive reports of
16self-neglect shall be subject to sufficient appropriation for
17statewide implementation of assessments, casework, and
18follow-up of reports of self-neglect. In the absence of
19sufficient appropriation for statewide implementation of
20assessments, casework, and follow-up of reports of
21self-neglect, the designated adult protective services
22provider agency shall refer all reports of self-neglect to the
23appropriate agency or agencies as designated by the Department



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1for any follow-up. The assessment shall include, but not be
2limited to, a visit to the residence of the eligible adult who
3is the subject of the report and shall may include interviews
4or consultations regarding the allegations with service
5agencies, immediate family members, and or individuals who may
6have knowledge of the eligible adult's circumstances based on
7the consent of the eligible adult in all instances, except
8where the provider agency is acting in the best interest of an
9eligible adult who is unable to seek assistance for himself or
10herself and where there are allegations against a caregiver who
11has assumed responsibilities in exchange for compensation. If,
12after the assessment, the provider agency determines that the
13case is substantiated it shall develop a service care plan for
14the eligible adult and may report its findings at any time
15during the case to the appropriate law enforcement agency in
16accord with established law and Department protocols,
17procedures, and policies. In developing a case plan, the
18provider agency may consult with any other appropriate provider
19of services, and such providers shall be immune from civil or
20criminal liability on account of such acts. The plan shall
21include alternative suggested or recommended services which
22are appropriate to the needs of the eligible adult and which
23involve the least restriction of the eligible adult's
24activities commensurate with his or her needs. Only those
25services to which consent is provided in accordance with
26Section 9 of this Act shall be provided, contingent upon the



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1availability of such services.
2    (b) A provider agency shall refer evidence of crimes
3against an eligible adult to the appropriate law enforcement
4agency according to Department policies. A referral to law
5enforcement may be made at intake or any time during the case.
6Where a provider agency has reason to believe the death of an
7eligible adult may be the result of abuse or neglect, the
8agency shall immediately report the matter to the coroner or
9medical examiner and shall cooperate fully with any subsequent
11    (c) If any person other than the alleged victim refuses to
12allow the provider agency to begin an investigation, interferes
13with the provider agency's ability to conduct an investigation,
14or refuses to give access to an eligible adult, the appropriate
15law enforcement agency must be consulted regarding the
17(Source: P.A. 98-49, eff. 7-1-13; 98-1039, eff. 8-25-14.)