Full Text of HB3065 101st General Assembly
HB3065sam001 101ST GENERAL ASSEMBLY | Sen. Sue Rezin Filed: 5/16/2019
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| 1 | | AMENDMENT TO HOUSE BILL 3065
| 2 | | AMENDMENT NO. ______. Amend House Bill 3065 by replacing | 3 | | everything after the enacting clause with the following:
| 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 |
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| 1 | | statewide implementation of assessments, casework, and | 2 | | follow-up of reports of self-neglect. In the absence of | 3 | | sufficient appropriation for statewide implementation of | 4 | | assessments, casework, and follow-up of reports of | 5 | | self-neglect, the designated adult protective services | 6 | | provider agency shall refer all reports of self-neglect to the | 7 | | appropriate agency or agencies as designated by the Department | 8 | | for any follow-up. The assessment shall include, but not be | 9 | | limited to, a visit
to the residence of the eligible adult who | 10 | | is the subject of the report and
shall may include interviews | 11 | | or consultations regarding the allegations with service | 12 | | agencies , immediate family members, and or
individuals who may | 13 | | have knowledge of the eligible adult's circumstances based on | 14 | | the consent of the eligible adult in all instances, except | 15 | | where the provider agency is acting in the best interest of an | 16 | | eligible adult who is unable to seek assistance for himself or | 17 | | herself and where there are allegations against a caregiver who | 18 | | has assumed responsibilities in exchange for compensation .
If, | 19 | | after the assessment, the provider agency determines that the | 20 | | case is
substantiated it shall develop a service care plan for | 21 | | the eligible adult and may report its findings at any time | 22 | | during the case to the appropriate law enforcement agency in | 23 | | accord with established law and Department protocols, | 24 | | procedures, and policies.
In developing a case plan, the | 25 | | provider agency may consult with any other
appropriate provider | 26 | | of services, and such providers shall be immune from
civil or |
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| 1 | | criminal liability on account of such acts. The plan shall
| 2 | | include alternative suggested or recommended
services which | 3 | | are appropriate to the needs of the eligible adult and which
| 4 | | involve the least restriction of the eligible adult's | 5 | | activities
commensurate with his or her needs. Only those | 6 | | services to which consent
is
provided in accordance with | 7 | | Section 9 of this Act shall be provided,
contingent upon the | 8 | | availability of such services.
| 9 | | (b) A provider agency shall refer evidence of crimes | 10 | | against an eligible
adult to the appropriate law enforcement | 11 | | agency according to Department
policies. A referral to law | 12 | | enforcement may be made at intake or any time
during the case. | 13 | | Where a provider agency has reason to believe the death of an
| 14 | | eligible adult may be the result of abuse or neglect, the | 15 | | agency shall
immediately report the matter to the coroner or | 16 | | medical examiner and shall
cooperate fully with any subsequent | 17 | | investigation. | 18 | | (c) If any person other than the alleged victim refuses to | 19 | | allow the provider agency to begin
an investigation, interferes | 20 | | with the provider agency's ability to
conduct an investigation, | 21 | | or refuses to give access to an eligible
adult, the appropriate | 22 | | law enforcement agency must be consulted regarding the | 23 | | investigation.
| 24 | | (Source: P.A. 98-49, eff. 7-1-13; 98-1039, eff. 8-25-14.)".
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