Illinois General Assembly - Full Text of HB3065
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Full Text of HB3065  101st General Assembly


Sen. Sue Rezin

Filed: 5/16/2019





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2    AMENDMENT NO. ______. Amend House Bill 3065 by replacing
3everything after the enacting clause with the following:
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



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



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1criminal liability on account of such acts. The plan shall
2include alternative suggested or recommended services which
3are appropriate to the needs of the eligible adult and which
4involve the least restriction of the eligible adult's
5activities commensurate with his or her needs. Only those
6services to which consent is provided in accordance with
7Section 9 of this Act shall be provided, contingent upon the
8availability of such services.
9    (b) A provider agency shall refer evidence of crimes
10against an eligible adult to the appropriate law enforcement
11agency according to Department policies. A referral to law
12enforcement may be made at intake or any time during the case.
13Where a provider agency has reason to believe the death of an
14eligible adult may be the result of abuse or neglect, the
15agency shall immediately report the matter to the coroner or
16medical examiner and shall cooperate fully with any subsequent
18    (c) If any person other than the alleged victim refuses to
19allow the provider agency to begin an investigation, interferes
20with the provider agency's ability to conduct an investigation,
21or refuses to give access to an eligible adult, the appropriate
22law enforcement agency must be consulted regarding the
24(Source: P.A. 98-49, eff. 7-1-13; 98-1039, eff. 8-25-14.)".