Full Text of SB0701 102nd General Assembly
SB0701sam001 102ND GENERAL ASSEMBLY | Sen. Rachelle Crowe Filed: 4/19/2021
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| 1 | | AMENDMENT TO SENATE BILL 701
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 701 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Adult Protective Services Act is amended | 5 | | by changing Sections 2, 3, 3.5, 4, 4.1, 4.2, 5, 7.1, 7.5, 8, 9, | 6 | | 13, and 15 and by adding Sections 3.3 and 3.6 as follows:
| 7 | | (320 ILCS 20/2) (from Ch. 23, par. 6602)
| 8 | | Sec. 2. Definitions. As used in this Act, unless the | 9 | | context
requires otherwise:
| 10 | | (a) "Abandonment" means the desertion or willful forsaking | 11 | | of an eligible adult by an individual responsible for the care | 12 | | and custody of that eligible adult under circumstances in | 13 | | which a reasonable person would continue to provide care and | 14 | | custody. Nothing in this Act shall be construed to mean that an | 15 | | eligible adult is a victim of abandonment because of health | 16 | | care services provided or not provided by licensed health care |
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| 1 | | professionals. | 2 | | (a-1) (a) "Abuse" means causing any physical, mental or | 3 | | sexual injury to an
eligible adult, including exploitation of | 4 | | such adult's financial resources , and abandonment .
| 5 | | Nothing in this Act shall be construed to mean that an | 6 | | eligible adult is a
victim of abuse, abandonment, neglect, or | 7 | | self-neglect for the sole reason that he or she is being
| 8 | | furnished with or relies upon treatment by spiritual means | 9 | | through prayer
alone, in accordance with the tenets and | 10 | | practices of a recognized church
or religious denomination.
| 11 | | Nothing in this Act shall be construed to mean that an | 12 | | eligible adult is a
victim of abuse because of health care | 13 | | services provided or not provided by
licensed health care | 14 | | professionals.
| 15 | | (a-5) "Abuser" means a person who abuses, abandons, | 16 | | neglects, or financially
exploits an eligible adult.
| 17 | | (a-6) "Adult with disabilities" means a person aged 18 | 18 | | through 59 who resides in a domestic living situation and | 19 | | whose disability as defined in subsection (c-5) impairs his or | 20 | | her ability to seek or obtain protection from abuse, | 21 | | abandonment, neglect, or exploitation. | 22 | | (a-7) "Caregiver" means a person who either as a result of | 23 | | a family
relationship, voluntarily, or in exchange for | 24 | | compensation has assumed
responsibility for all or a portion | 25 | | of the care of an eligible adult who needs
assistance with | 26 | | activities of daily
living or instrumental activities of daily |
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| 1 | | living.
| 2 | | (b) "Department" means the Department on Aging of the | 3 | | State of Illinois.
| 4 | | (c) "Director" means the Director of the Department.
| 5 | | (c-5) "Disability" means a physical or mental disability, | 6 | | including, but not limited to, a developmental disability, an | 7 | | intellectual disability, a mental illness as defined under the | 8 | | Mental Health and Developmental Disabilities Code, or dementia | 9 | | as defined under the Alzheimer's Disease Assistance Act. | 10 | | (d) "Domestic living situation" means a residence where | 11 | | the eligible
adult at the time of the report lives alone or | 12 | | with his or her family or a caregiver, or others,
or other | 13 | | community-based unlicensed facility, but
is not:
| 14 | | (1) A licensed facility as defined in Section 1-113 of | 15 | | the Nursing Home
Care Act;
| 16 | | (1.5) A facility licensed under the ID/DD Community | 17 | | Care Act; | 18 | | (1.6) A facility licensed under the MC/DD Act; | 19 | | (1.7) A facility licensed under the Specialized Mental | 20 | | Health Rehabilitation Act of 2013; | 21 | | (2) A "life care facility" as defined in the Life Care | 22 | | Facilities Act;
| 23 | | (3) A home, institution, or other place operated by | 24 | | the federal
government or agency thereof or by the State | 25 | | of Illinois;
| 26 | | (4) A hospital, sanitarium, or other institution, the |
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| 1 | | principal activity
or business of which is the diagnosis, | 2 | | care, and treatment of human illness
through the | 3 | | maintenance and operation of organized facilities | 4 | | therefor,
which is required to be licensed under the | 5 | | Hospital Licensing Act;
| 6 | | (5) A "community living facility" as defined in the | 7 | | Community Living
Facilities Licensing Act;
| 8 | | (6) (Blank);
| 9 | | (7) A "community-integrated living arrangement" as | 10 | | defined in
the Community-Integrated Living Arrangements | 11 | | Licensure and Certification Act or a "community | 12 | | residential alternative" as licensed under that Act;
| 13 | | (8) An assisted living or shared housing establishment | 14 | | as defined in the Assisted Living and Shared Housing Act; | 15 | | or
| 16 | | (9) A supportive living facility as described in | 17 | | Section 5-5.01a of the Illinois Public Aid Code.
| 18 | | (e) "Eligible adult" means either an adult with | 19 | | disabilities aged 18 through 59 or a person aged 60 or older | 20 | | who
resides in a domestic living situation and is, or is | 21 | | alleged
to be, abused, abandoned, neglected, or financially | 22 | | exploited by another individual or who neglects himself or | 23 | | herself. "Eligible adult" also includes an adult who resides | 24 | | in any of the facilities that are excluded from the definition | 25 | | of "domestic living situation" under paragraphs (1) through | 26 | | (9) of subsection (d), if either: (i) the alleged abuse , |
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| 1 | | abandonment, or neglect occurs outside of the facility and not | 2 | | under facility supervision and the alleged abuser is a family | 3 | | member, caregiver, or another person who has a continuing | 4 | | relationship with the adult; or (ii) the alleged financial | 5 | | exploitation is perpetrated by a family member, caregiver, or | 6 | | another person who has a continuing relationship with the | 7 | | adult, but who is not an employee of the facility where the | 8 | | adult resides.
| 9 | | (f) "Emergency" means a situation in which an eligible | 10 | | adult is living
in conditions presenting a risk of death or | 11 | | physical, mental or sexual
injury and the provider agency has | 12 | | reason to believe the eligible adult is
unable to
consent to | 13 | | services which would alleviate that risk.
| 14 | | (f-1) "Financial exploitation" means the use of an | 15 | | eligible adult's resources by another to the disadvantage of | 16 | | that adult or the profit or advantage of a person other than | 17 | | that adult. | 18 | | (f-5) "Mandated reporter" means any of the following | 19 | | persons
while engaged in carrying out their professional | 20 | | duties:
| 21 | | (1) a professional or professional's delegate while | 22 | | engaged in: (i) social
services, (ii) law enforcement, | 23 | | (iii) education, (iv) the care of an eligible
adult or | 24 | | eligible adults, or (v) any of the occupations required to | 25 | | be licensed
under
the Clinical Psychologist Licensing Act, | 26 | | the Clinical Social Work and Social
Work Practice Act, the |
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| 1 | | Illinois Dental Practice Act, the Dietitian Nutritionist | 2 | | Practice Act, the Marriage and Family Therapy Licensing | 3 | | Act, the
Medical Practice Act of 1987, the Naprapathic | 4 | | Practice Act, the
Nurse Practice Act, the Nursing Home
| 5 | | Administrators Licensing and
Disciplinary Act, the | 6 | | Illinois Occupational Therapy Practice Act, the Illinois
| 7 | | Optometric Practice Act of 1987, the Pharmacy Practice | 8 | | Act, the
Illinois Physical Therapy Act, the Physician | 9 | | Assistant Practice Act of 1987,
the Podiatric Medical | 10 | | Practice Act of 1987, the Respiratory Care Practice
Act,
| 11 | | the Professional Counselor and
Clinical Professional | 12 | | Counselor Licensing and Practice Act, the Illinois | 13 | | Speech-Language
Pathology and Audiology Practice Act, the | 14 | | Veterinary Medicine and Surgery
Practice Act of 2004, and | 15 | | the Illinois Public Accounting Act;
| 16 | | (1.5) an employee of an entity providing developmental | 17 | | disabilities services or service coordination funded by | 18 | | the Department of Human Services; | 19 | | (2) an employee of a vocational rehabilitation | 20 | | facility prescribed or
supervised by the Department of | 21 | | Human Services;
| 22 | | (3) an administrator, employee, or person providing | 23 | | services in or through
an unlicensed community based | 24 | | facility;
| 25 | | (4) any religious practitioner who provides treatment | 26 | | by prayer or spiritual means alone in accordance with the |
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| 1 | | tenets and practices of a recognized church or religious | 2 | | denomination, except as to information received in any | 3 | | confession or sacred communication enjoined by the | 4 | | discipline of the religious denomination to be held | 5 | | confidential;
| 6 | | (5) field personnel of the Department of Healthcare | 7 | | and Family Services, Department of Public
Health, and | 8 | | Department of Human Services, and any county or
municipal | 9 | | health department;
| 10 | | (6) personnel of the Department of Human Services, the | 11 | | Guardianship and
Advocacy Commission, the State Fire | 12 | | Marshal, local fire departments, the
Department on Aging | 13 | | and its subsidiary Area Agencies on Aging and provider
| 14 | | agencies, and the Office of State Long Term Care | 15 | | Ombudsman;
| 16 | | (7) any employee of the State of Illinois not | 17 | | otherwise specified herein
who is involved in providing | 18 | | services to eligible adults, including
professionals | 19 | | providing medical or rehabilitation services and all
other | 20 | | persons having direct contact with eligible adults;
| 21 | | (8) a person who performs the duties of a coroner
or | 22 | | medical examiner; or
| 23 | | (9) a person who performs the duties of a paramedic or | 24 | | an emergency
medical
technician.
| 25 | | (g) "Neglect" means
another individual's failure to | 26 | | provide an eligible
adult with or willful withholding from an |
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| 1 | | eligible adult the necessities of
life including, but not | 2 | | limited to, food, clothing, shelter or health care.
This | 3 | | subsection does not create any new affirmative duty to provide | 4 | | support to
eligible adults. Nothing in this Act shall be | 5 | | construed to mean that an
eligible adult is a victim of neglect | 6 | | because of health care services provided
or not provided by | 7 | | licensed health care professionals.
| 8 | | (h) "Provider agency" means any public or nonprofit agency | 9 | | in a planning
and service area that is selected by the | 10 | | Department or appointed by the regional administrative agency | 11 | | with prior
approval by the Department on Aging to receive and | 12 | | assess reports of
alleged or suspected abuse, abandonment, | 13 | | neglect, or financial exploitation. A provider agency is also | 14 | | referenced as a "designated agency" in this Act.
| 15 | | (i) "Regional administrative agency" means any public or | 16 | | nonprofit
agency in a planning and service area that provides | 17 | | regional oversight and performs functions as set forth in | 18 | | subsection (b) of Section 3 of this Act. The Department shall | 19 | | designate an Area Agency on Aging as the regional | 20 | | administrative agency or, in the event the Area Agency on | 21 | | Aging in that planning and service area is deemed by the | 22 | | Department to be unwilling or unable to provide those | 23 | | functions, the Department may serve as the regional | 24 | | administrative agency or designate another qualified entity to | 25 | | serve as the regional administrative agency; any such | 26 | | designation shall be subject to terms set forth by the |
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| 1 | | Department.
| 2 | | (i-5) "Self-neglect" means a condition that is the result | 3 | | of an eligible adult's inability, due to physical or mental | 4 | | impairments, or both, or a diminished capacity, to perform | 5 | | essential self-care tasks that substantially threaten his or | 6 | | her own health, including: providing essential food, clothing, | 7 | | shelter, and health care; and obtaining goods and services | 8 | | necessary to maintain physical health, mental health, | 9 | | emotional well-being, and general safety. The term includes | 10 | | compulsive hoarding, which is characterized by the acquisition | 11 | | and retention of large quantities of items and materials that | 12 | | produce an extensively cluttered living space, which | 13 | | significantly impairs the performance of essential self-care | 14 | | tasks or otherwise substantially threatens life or safety.
| 15 | | (j) "Substantiated case" means a reported case of alleged | 16 | | or suspected
abuse, abandonment, neglect, financial | 17 | | exploitation, or self-neglect in which a provider agency,
| 18 | | after assessment, determines that there is reason to believe | 19 | | abuse,
abandonment, neglect, or financial exploitation has | 20 | | occurred.
| 21 | | (k) "Verified" means a determination that there is "clear | 22 | | and convincing evidence" that the specific injury or harm | 23 | | alleged was the result of abuse, abandonment, neglect, or | 24 | | financial exploitation. | 25 | | (Source: P.A. 99-180, eff. 7-29-15; 100-641, eff. 1-1-19 .)
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| 1 | | (320 ILCS 20/3) (from Ch. 23, par. 6603)
| 2 | | Sec. 3. Responsibilities.
| 3 | | (a) The Department shall establish,
design, and manage a | 4 | | protective services program for eligible adults who have been, | 5 | | or are alleged to be, victims of abuse, abandonment, neglect, | 6 | | financial exploitation, or self-neglect. The Department
shall | 7 | | contract with or fund, or contract with and fund, regional
| 8 | | administrative
agencies, provider
agencies, or both, for the | 9 | | provision of those
functions, and, contingent on adequate | 10 | | funding, with attorneys or legal
services provider agencies | 11 | | for the
provision of legal assistance pursuant to this Act. | 12 | | For self-neglect, the program shall include the following | 13 | | services for eligible adults who have been removed from their | 14 | | residences for the purpose of cleanup or repairs: temporary | 15 | | housing; counseling; and caseworker services to try to ensure | 16 | | that the conditions necessitating the removal do not reoccur.
| 17 | | (a-1) The Department shall by rule develop standards for | 18 | | minimum staffing levels and staff qualifications. The | 19 | | Department shall by rule establish mandatory standards for the | 20 | | investigation of abuse, abandonment, neglect, financial | 21 | | exploitation, or self-neglect of eligible adults and mandatory | 22 | | procedures for linking eligible adults to appropriate services | 23 | | and supports. | 24 | | (a-5) A provider agency shall, in accordance with rules | 25 | | promulgated by the Department, establish a multi-disciplinary | 26 | | team to act in an advisory role for the purpose of providing |
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| 1 | | professional knowledge and expertise in the handling of | 2 | | complex abuse cases involving eligible adults. Each | 3 | | multi-disciplinary team shall consist of one volunteer | 4 | | representative from the following professions: banking or | 5 | | finance; disability care; health care; law; law enforcement; | 6 | | mental health care; and clergy. A provider agency may also | 7 | | choose to add representatives from the fields of substance | 8 | | abuse, domestic violence, sexual assault, or other related | 9 | | fields. To support multi-disciplinary teams in this role, law | 10 | | enforcement agencies and coroners or medical examiners shall | 11 | | supply records as may be requested in particular cases. | 12 | | (b) Each regional administrative agency shall designate | 13 | | provider
agencies within its planning and service area with | 14 | | prior approval by the
Department on Aging, monitor the use of | 15 | | services, provide technical
assistance to the provider | 16 | | agencies and be involved in program development
activities.
| 17 | | (c) Provider agencies shall assist, to the extent | 18 | | possible, eligible
adults who need agency
services to allow | 19 | | them to continue to function independently. Such
assistance | 20 | | shall include, but not be limited to, receiving reports of | 21 | | alleged
or suspected abuse, abandonment, neglect, financial | 22 | | exploitation,
or self-neglect, conducting face-to-face | 23 | | assessments of
such reported cases, determination of | 24 | | substantiated cases, referral of
substantiated cases for | 25 | | necessary support services,
referral of criminal conduct to | 26 | | law enforcement in accordance with Department
guidelines,
and |
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| 1 | | provision of case
work and follow-up services on substantiated | 2 | | cases. In the case of a report of alleged or suspected abuse , | 3 | | abandonment, or neglect that places an eligible adult at risk | 4 | | of injury or death, a provider agency shall respond to the | 5 | | report on an emergency basis in accordance with guidelines | 6 | | established by the Department by administrative rule and shall | 7 | | ensure that it is capable of responding to such a report 24 | 8 | | hours per day, 7 days per week. A provider agency may use an | 9 | | on-call system to respond to reports of alleged or suspected | 10 | | abuse , abandonment, or neglect after hours and on weekends.
| 11 | | (c-5) Where a provider agency has reason to believe that | 12 | | the death of an eligible adult may be the result of abuse , | 13 | | abandonment, or neglect, including any reports made after | 14 | | death, the agency shall immediately report the matter to both | 15 | | the appropriate law enforcement agency and the coroner or | 16 | | medical examiner. Between 30 and 45 days after making such a | 17 | | report, the provider agency again shall contact the law | 18 | | enforcement agency and coroner or medical examiner to | 19 | | determine whether any further action was taken. Upon request | 20 | | by a provider agency, a law enforcement agency and coroner or | 21 | | medical examiner shall supply a summary of its action in | 22 | | response to a reported death of an eligible adult. A copy of | 23 | | the report shall be maintained and all subsequent follow-up | 24 | | with the law enforcement agency and coroner or medical | 25 | | examiner shall be documented in the case record of the | 26 | | eligible adult. If the law enforcement agency, coroner, or |
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| 1 | | medical examiner determines the reported death was caused by | 2 | | abuse , abandonment, or neglect by a caregiver, the law | 3 | | enforcement agency, coroner, or medical examiner shall inform | 4 | | the Department, and the Department shall report the | 5 | | caregiver's identity on the Registry as described in Section | 6 | | 7.5 of this Act. | 7 | | (d) Upon sufficient appropriations to implement a | 8 | | statewide program, the Department shall implement a program, | 9 | | based on the recommendations of the Self-Neglect Steering | 10 | | Committee, for (i) responding to reports of possible | 11 | | self-neglect, (ii) protecting the autonomy, rights, privacy, | 12 | | and privileges of adults during investigations of possible | 13 | | self-neglect and consequential judicial proceedings regarding | 14 | | competency, (iii) collecting and sharing relevant information | 15 | | and data among the Department, provider agencies, regional | 16 | | administrative agencies, and relevant seniors, (iv) developing | 17 | | working agreements between provider agencies and law | 18 | | enforcement, where practicable, and (v) developing procedures | 19 | | for collecting data regarding incidents of self-neglect.
| 20 | | (Source: P.A. 98-49, eff. 7-1-13; 98-1039, eff. 8-25-14.)
| 21 | | (320 ILCS 20/3.3 new) | 22 | | Sec. 3.3. Adult protective services trauma-informed | 23 | | training. | 24 | | (a) This Section applies to any person who is employed by | 25 | | the Department in the Adult Protective Services division, or |
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| 1 | | is contracted with the Department, and works on the | 2 | | development and implementation of social services to respond | 3 | | to and prevent adult abuse, neglect, or exploitation. | 4 | | (b) Subject to appropriation, the Department shall offer | 5 | | an annual trauma-informed training program that includes (i) | 6 | | instruction on how trauma impacts caseworkers and other | 7 | | employees who respond to and prevent adult abuse, neglect, | 8 | | exploitation, or abandonment, (ii) a review of the meaning and | 9 | | impact of secondary trauma, and (iii) information about | 10 | | strategies to identify and address secondary trauma in | 11 | | caseworkers and other employees who work with adults who may | 12 | | have experienced abuse, neglect, exploitation, or abandonment. | 13 | | (c) Any trauma-informed training offered by the Department | 14 | | shall cover the following: | 15 | | (1) The widespread impact of secondary trauma on | 16 | | caseworkers and other employees who work with adults who | 17 | | may have experienced abuse, neglect, exploitation, or | 18 | | abandonment. | 19 | | (2) An understanding of who is at risk for developing | 20 | | secondary trauma. | 21 | | (3) Relevant and realistic case studies involving | 22 | | traumatic situations that other caseworkers and employees | 23 | | who work with adults who may have experienced abuse, | 24 | | neglect, exploitation, or abandonment have encountered in | 25 | | their work. | 26 | | (4) Symptoms and causes of secondary trauma in |
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| 1 | | caseworkers and other employees who work with adults who | 2 | | may have experienced abuse, neglect, exploitation, or | 3 | | abandonment. | 4 | | (5) Strategies for prevention and intervention in | 5 | | cases of secondary trauma involving caseworkers or other | 6 | | employees who work with adults who may have experienced | 7 | | abuse, neglect, exploitation, or abandonment, including | 8 | | the development of a self-care plan. | 9 | | (6) How to incorporate monitoring and support | 10 | | techniques for employees experiencing secondary trauma | 11 | | into departmental policies, guidelines, and protocols. | 12 | | (d) This Section is designed to address gaps in current | 13 | | trauma-informed training requirements for employees of the | 14 | | Office of Adult Protective Services and to improve the quality | 15 | | of training. If any law or rule existing on the effective date | 16 | | of this amendatory Act of the 102nd General Assembly contains | 17 | | more rigorous training requirements for employees of the | 18 | | Office of Adult Protective Services, then that law or rule | 19 | | applies. If there is overlap between this Section and other | 20 | | laws and rules, the Department shall interpret this Section to | 21 | | avoid duplication of requirements while ensuring that the | 22 | | minimum requirements set in this Section are met. | 23 | | (e) The Department may adopt rules to implement this | 24 | | Section. | 25 | | (320 ILCS 20/3.5) |
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| 1 | | Sec. 3.5. Other responsibilities. The Department shall | 2 | | also be
responsible for the following activities, contingent | 3 | | upon adequate funding; implementation shall be expanded to | 4 | | adults with disabilities upon the effective date of this | 5 | | amendatory Act of the 98th General Assembly, except those | 6 | | responsibilities under subsection (a), which shall be | 7 | | undertaken as soon as practicable: | 8 | | (a) promotion of a wide range of endeavors for the | 9 | | purpose of preventing
abuse, abandonment, neglect, | 10 | | financial exploitation, and self-neglect, including, but | 11 | | not limited to, promotion of public
and professional | 12 | | education to increase awareness of abuse, abandonment, | 13 | | neglect,
financial exploitation, and self-neglect; to | 14 | | increase reports; to establish access to and use of the | 15 | | Registry established under Section 7.5; and to improve | 16 | | response by
various legal, financial, social, and health | 17 | | systems; | 18 | | (b) coordination of efforts with other agencies, | 19 | | councils, and like
entities, to include but not be limited | 20 | | to, the Administrative Office of the Illinois Courts, the | 21 | | Office of the Attorney General,
the State Police, the | 22 | | Illinois Law Enforcement Training Standards
Board, the | 23 | | State Triad, the Illinois Criminal Justice Information
| 24 | | Authority, the
Departments of Public Health, Healthcare | 25 | | and Family Services, and Human Services, the Illinois | 26 | | Guardianship and Advocacy Commission, the Family
Violence |
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| 1 | | Coordinating Council, the Illinois Violence Prevention | 2 | | Authority,
and other
entities which may impact awareness | 3 | | of, and response to, abuse, abandonment, neglect,
| 4 | | financial exploitation, and self-neglect; | 5 | | (c) collection and analysis of data; | 6 | | (d) monitoring of the performance of regional | 7 | | administrative agencies and adult protective services
| 8 | | agencies; | 9 | | (e) promotion of prevention activities; | 10 | | (f) establishing and coordinating an aggressive | 11 | | training program on the unique
nature of adult abuse cases | 12 | | with other agencies, councils, and like entities,
to | 13 | | include but not be limited to the Office of the Attorney | 14 | | General, the
State Police, the Illinois Law Enforcement | 15 | | Training Standards Board, the
State Triad, the Illinois | 16 | | Criminal Justice Information Authority, the State
| 17 | | Departments of Public Health, Healthcare and Family | 18 | | Services, and Human Services, the Family
Violence | 19 | | Coordinating Council, the Illinois Violence Prevention | 20 | | Authority,
the agency designated by the Governor under | 21 | | Section 1 of the Protection and Advocacy for Persons with | 22 | | Developmental Disabilities Act, and other entities that | 23 | | may impact awareness of and response to
abuse, | 24 | | abandonment, neglect, financial exploitation, and | 25 | | self-neglect; | 26 | | (g) solicitation of financial institutions for the |
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| 1 | | purpose of making
information available to the general | 2 | | public warning of financial exploitation
of adults and | 3 | | related financial fraud or abuse, including such
| 4 | | information and warnings available through signage or | 5 | | other written
materials provided by the Department on the | 6 | | premises of such financial
institutions, provided that the | 7 | | manner of displaying or distributing such
information is | 8 | | subject to the sole discretion of each financial | 9 | | institution;
| 10 | | (g-1) developing by joint rulemaking with the | 11 | | Department of Financial and Professional Regulation | 12 | | minimum training standards which shall be used by | 13 | | financial institutions for their current and new employees | 14 | | with direct customer contact; the Department of Financial | 15 | | and Professional Regulation shall retain sole visitation | 16 | | and enforcement authority under this subsection (g-1); the | 17 | | Department of Financial and Professional Regulation shall | 18 | | provide bi-annual reports to the Department setting forth | 19 | | aggregate statistics on the training programs required | 20 | | under this subsection (g-1); and | 21 | | (h) coordinating efforts with utility and electric | 22 | | companies to send
notices in utility bills to
explain to | 23 | | persons 60 years of age or older
their rights regarding | 24 | | telemarketing and home repair fraud. | 25 | | (Source: P.A. 98-49, eff. 7-1-13; 98-1039, eff. 8-25-14; | 26 | | 99-143, eff. 7-27-15.) |
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| 1 | | (320 ILCS 20/3.6 new) | 2 | | Sec. 3.6. Elder abuse risk assessment tool. | 3 | | (a) The Department shall develop and implement a | 4 | | demonstration project to allow for the use of a risk | 5 | | assessment tool to assist in identifying elderly persons, | 6 | | including homebound persons, who may be experiencing elder | 7 | | abuse, abandonment, neglect, or exploitation and providing the | 8 | | necessary support to address elder abuse, abandonment, | 9 | | neglect, or exploitation. The Department shall finalize | 10 | | planning on the demonstration project no later than December | 11 | | 1, 2023 with implementation beginning no later than January 1, | 12 | | 2024. The risk assessment tool shall identify (i) the level of | 13 | | risk for elder abuse, abandonment, neglect, or exploitation; | 14 | | (ii) risk factors causing the abuse, abandonment, neglect, or | 15 | | exploitation; and (iii) appropriate follow-up and action in | 16 | | response to any suspected abuse, abandonment, neglect, or | 17 | | exploitation. In identifying a risk assessment tool, the | 18 | | Department shall coordinate with all of the following: | 19 | | (1) The Department of Healthcare and Family Services. | 20 | | (2) A hospital, hospital system, or a statewide | 21 | | association representing hospitals. | 22 | | (3) A managed care organization or a statewide | 23 | | association representing managed care organizations. | 24 | | (4) A Care Coordination Unit. | 25 | | (5) An Area Agency on Aging or a statewide association |
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| 1 | | representing Area Agencies on Aging. | 2 | | (6) Legal aid providers. | 3 | | (7) A financial institution or a statewide association | 4 | | representing financial institutions. | 5 | | (8) Adult Protective Services providers. | 6 | | (b) The risk assessment tool shall be comprehensive and | 7 | | include all of the following components: | 8 | | (1) Client demographics. | 9 | | (2) Indicators of elder abuse, abandonment, neglect, | 10 | | or exploitation. | 11 | | (3) Contributing risk factors for abuse, abandonment, | 12 | | neglect, or exploitation. | 13 | | (4) Overall level of risk on a scale of low, medium, | 14 | | and high-risk level. | 15 | | (5) Appropriate follow-up and action. | 16 | | (6) Client outcomes. | 17 | | (c) If any hospital employee, social worker, or other | 18 | | employee utilizing the risk assessment tool identifies that an | 19 | | elderly person is at risk for elder abuse, abandonment, | 20 | | neglect, or exploitation, the employee shall utilize the risk | 21 | | assessment tool to refer the elderly person to a managed care | 22 | | organization, legal aid service, Adult Protective Services | 23 | | provider, or other needed services and supports. | 24 | | (d) The Department may adopt rules to implement this | 25 | | Section.
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| 1 | | (320 ILCS 20/4) (from Ch. 23, par. 6604)
| 2 | | Sec. 4. Reports of abuse , abandonment, or neglect.
| 3 | | (a) Any person who suspects the abuse,
abandonment, | 4 | | neglect,
financial exploitation, or self-neglect of an | 5 | | eligible adult may
report
this suspicion to an agency | 6 | | designated to receive such
reports under this Act or to the | 7 | | Department.
| 8 | | (a-5) If any mandated reporter has reason to believe that | 9 | | an eligible
adult,
who because of a disability or other | 10 | | condition or impairment is unable to seek assistance for | 11 | | himself or herself,
has, within the previous 12 months, been | 12 | | subjected to abuse, abandonment, neglect, or
financial | 13 | | exploitation, the mandated reporter shall, within 24 hours | 14 | | after
developing
such belief, report this suspicion to an | 15 | | agency designated to receive such
reports under this Act or
to | 16 | | the Department. The agency designated to receive such reports | 17 | | under this Act or the Department may establish a manner in | 18 | | which a mandated reporter can make the required report through | 19 | | an Internet reporting tool. Information sent and received | 20 | | through the Internet reporting tool is subject to the same | 21 | | rules in this Act as other types of confidential reporting | 22 | | established by the designated agency or the Department. | 23 | | Whenever a mandated reporter
is required to report under this | 24 | | Act in his or her capacity as a member of
the staff of a | 25 | | medical or other public or private institution, facility,
or | 26 | | agency, he or she shall make a report
to an agency designated |
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| 1 | | to receive such
reports under this Act or
to the Department in | 2 | | accordance
with the provisions of this Act and may also notify | 3 | | the person in charge of
the institution, facility, or agency | 4 | | or his or her
designated agent that the
report has been made. | 5 | | Under no circumstances shall any person in charge of
such | 6 | | institution, facility, or agency, or his or her
designated | 7 | | agent to whom
the notification has been made, exercise any | 8 | | control, restraint,
modification, or other change in the | 9 | | report or the forwarding of the report
to an agency designated | 10 | | to receive such
reports under this Act or
to the Department. | 11 | | The privileged quality of communication between any
| 12 | | professional
person required to report
and his or her patient | 13 | | or client shall not apply to situations involving
abused, | 14 | | abandoned, neglected, or financially exploited eligible adults | 15 | | and shall not
constitute
grounds for failure to
report
as | 16 | | required by this Act.
| 17 | | (a-7) A person making a report
under this Act in the belief | 18 | | that it is in the alleged victim's best
interest shall be | 19 | | immune from criminal or civil liability or professional
| 20 | | disciplinary action on account of making the report, | 21 | | notwithstanding any
requirements concerning the | 22 | | confidentiality of information with respect to
such eligible | 23 | | adult which might otherwise be applicable.
| 24 | | (a-9) Law enforcement officers
shall continue to report | 25 | | incidents of alleged abuse pursuant to the
Illinois Domestic | 26 | | Violence Act of 1986, notwithstanding any requirements
under |
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| 1 | | this Act.
| 2 | | (b) Any person, institution or agency participating in the | 3 | | making of
a report, providing
information or records related | 4 | | to a report, assessment, or services, or
participating in the | 5 | | investigation of a report under
this Act in good faith, or | 6 | | taking photographs or x-rays as a result of an
authorized | 7 | | assessment, shall have immunity from any civil, criminal or
| 8 | | other liability in any civil, criminal or other proceeding | 9 | | brought in
consequence of making such report or assessment or | 10 | | on account of submitting
or otherwise disclosing such | 11 | | photographs or x-rays to any agency designated
to receive | 12 | | reports of alleged or suspected abuse , abandonment, or | 13 | | neglect. Any person,
institution or agency authorized by the | 14 | | Department to provide assessment,
intervention, or | 15 | | administrative services under this Act shall, in the good
| 16 | | faith performance of those services, have immunity from any | 17 | | civil, criminal
or other liability in any civil, criminal, or | 18 | | other proceeding brought as a
consequence of the performance | 19 | | of those services.
For the purposes of any civil, criminal, or | 20 | | other proceeding, the good faith
of any person required to | 21 | | report, permitted to report, or participating in an
| 22 | | investigation of a report of alleged or suspected abuse, | 23 | | abandonment, neglect,
financial exploitation, or self-neglect | 24 | | shall be
presumed.
| 25 | | (c) The identity of a person making a report of alleged or | 26 | | suspected
abuse, abandonment, neglect, financial exploitation, |
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| 1 | | or self-neglect under this Act may be disclosed by the | 2 | | Department
or other agency provided for in this Act only with | 3 | | such person's written
consent or by court order, but is | 4 | | otherwise confidential.
| 5 | | (d) The Department shall by rule establish a system for | 6 | | filing and
compiling reports made under this Act.
| 7 | | (e) Any physician who willfully fails to report as | 8 | | required by this Act
shall be referred to the Illinois State | 9 | | Medical Disciplinary Board for action
in accordance with | 10 | | subdivision (A)(22) of Section 22 of the Medical Practice
Act | 11 | | of 1987. Any dentist or dental hygienist who willfully fails | 12 | | to report as
required by this Act shall be referred to the | 13 | | Department of Professional
Regulation for action in accordance | 14 | | with paragraph 19 of Section 23 of the
Illinois Dental | 15 | | Practice Act. Any optometrist who willfully fails to report as | 16 | | required by this Act shall be referred to the Department of | 17 | | Financial and Professional Regulation for action in accordance | 18 | | with paragraph (15) of subsection (a) of Section 24 of the | 19 | | Illinois Optometric Practice Act of 1987. Any other mandated | 20 | | reporter required by
this Act to report suspected abuse, | 21 | | abandonment, neglect, or financial exploitation who
willfully | 22 | | fails to report the same is guilty of a Class A misdemeanor.
| 23 | | (Source: P.A. 97-860, eff. 7-30-12; 98-49, eff. 7-1-13; | 24 | | 98-1039, eff. 8-25-14.)
| 25 | | (320 ILCS 20/4.1)
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| 1 | | Sec. 4.1. Employer discrimination. No employer shall | 2 | | discharge,
demote or suspend, or threaten to discharge, demote | 3 | | or suspend, or in any
manner discriminate against any employee | 4 | | who makes any good faith oral or
written report of suspected | 5 | | abuse, abandonment, neglect, or financial exploitation or
who | 6 | | is or will be a
witness or testify in any investigation or | 7 | | proceeding concerning a report
of suspected abuse, | 8 | | abandonment, neglect, or financial exploitation.
| 9 | | (Source: P.A. 98-49, eff. 7-1-13.)
| 10 | | (320 ILCS 20/4.2)
| 11 | | Sec. 4.2. Testimony by mandated reporter and investigator. | 12 | | Any mandated
reporter who makes a report or any person who
| 13 | | investigates a report under
this Act shall testify fully in | 14 | | any judicial proceeding resulting from such
report, as to any | 15 | | evidence of abuse, abandonment, neglect, or financial | 16 | | exploitation or the
cause thereof. Any
mandated reporter who | 17 | | is required to report a suspected case of abuse, abandonment, | 18 | | neglect,
or
financial exploitation under
Section 4 of this Act | 19 | | shall testify fully in any administrative hearing
resulting | 20 | | from such report, as to any evidence of abuse, abandonment, | 21 | | neglect, or financial
exploitation or the
cause thereof. No | 22 | | evidence shall be excluded by reason of any common law
or | 23 | | statutory privilege relating to communications between the | 24 | | alleged
abuser or the eligible adult subject of the report
| 25 | | under
this Act and the person making or investigating the |
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| 1 | | report.
| 2 | | (Source: P.A. 90-628, eff. 1-1-99.)
| 3 | | (320 ILCS 20/5) (from Ch. 23, par. 6605)
| 4 | | Sec. 5. Procedure.
| 5 | | (a) A provider agency designated to receive reports
of | 6 | | alleged or suspected abuse, abandonment, neglect, financial
| 7 | | exploitation, or self-neglect under
this Act shall, upon
| 8 | | receiving such a report, conduct a face-to-face assessment | 9 | | with respect to
such report, in accord with established law | 10 | | and Department protocols, procedures, and policies. | 11 | | Face-to-face assessments, casework, and follow-up of reports | 12 | | of self-neglect by the provider agencies designated to receive | 13 | | reports of self-neglect shall be subject to sufficient | 14 | | appropriation for statewide implementation of assessments, | 15 | | casework, and follow-up of reports of self-neglect. In the | 16 | | absence of sufficient appropriation for statewide | 17 | | implementation of assessments, casework, and follow-up of | 18 | | reports of self-neglect, the designated adult protective | 19 | | services provider agency shall refer all reports of | 20 | | self-neglect to the appropriate agency or agencies as | 21 | | designated by the Department for any follow-up. The assessment | 22 | | shall include, but not be limited to, a visit
to the residence | 23 | | of the eligible adult who is the subject of the report and
| 24 | | shall include interviews or consultations regarding the | 25 | | allegations with service agencies, immediate family members, |
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| 1 | | and
individuals who may have knowledge of the eligible adult's | 2 | | circumstances based on the consent of the eligible adult in | 3 | | all instances, except where the provider agency is acting in | 4 | | the best interest of an eligible adult who is unable to seek | 5 | | assistance for himself or herself and where there are | 6 | | allegations against a caregiver who has assumed | 7 | | responsibilities in exchange for compensation.
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 | 16 | | liability on account of such acts. The plan shall
include | 17 | | alternative suggested or recommended
services which are | 18 | | appropriate to the needs of the eligible adult and which
| 19 | | involve the least restriction of the eligible adult's | 20 | | activities
commensurate with his or her needs. Only those | 21 | | services to which consent
is
provided in accordance with | 22 | | Section 9 of this Act shall be provided,
contingent upon the | 23 | | availability of such services.
| 24 | | (b) A provider agency shall refer evidence of crimes | 25 | | against an eligible
adult to the appropriate law enforcement | 26 | | agency according to Department
policies. A referral to law |
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| 1 | | enforcement may be made at intake or any time
during the case. | 2 | | Where a provider agency has reason to believe the death of an
| 3 | | eligible adult may be the result of abuse , abandonment, or | 4 | | neglect, the agency shall
immediately report the matter to the | 5 | | coroner or medical examiner and shall
cooperate fully with any | 6 | | subsequent investigation. | 7 | | (c) If any person other than the alleged victim refuses to | 8 | | allow the provider agency to begin
an investigation, | 9 | | interferes with the provider agency's ability to
conduct an | 10 | | investigation, or refuses to give access to an eligible
adult, | 11 | | the appropriate law enforcement agency must be consulted | 12 | | regarding the investigation.
| 13 | | (Source: P.A. 101-496, eff. 1-1-20 .)
| 14 | | (320 ILCS 20/7.1) | 15 | | Sec. 7.1. Final investigative report. A provider agency | 16 | | shall prepare a final investigative report, upon the | 17 | | completion or closure of an investigation, in all cases of | 18 | | reported abuse, abandonment, neglect, financial exploitation, | 19 | | or self-neglect of an eligible adult, whether or not there is a | 20 | | substantiated finding.
| 21 | | (Source: P.A. 98-49, eff. 7-1-13.) | 22 | | (320 ILCS 20/7.5) | 23 | | Sec. 7.5. Registry. | 24 | | (a) To protect individuals receiving in-home and |
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| 1 | | community-based services, the Department on Aging shall | 2 | | establish an Adult Protective Service Registry that will be | 3 | | hosted by the Department of Public Health on its website | 4 | | effective January 1, 2015, and, if practicable, shall propose | 5 | | rules for the Registry by January 1, 2015. | 6 | | (a-5) The Registry shall identify caregivers against whom | 7 | | a verified and substantiated finding was made under this Act | 8 | | of abuse, abandonment, neglect, or financial exploitation. | 9 | | The information in the Registry shall be confidential | 10 | | except as specifically authorized in this Act and shall not be | 11 | | deemed a public record. | 12 | | (a-10) Reporting to the Registry. The Department on Aging | 13 | | shall report to the Registry the identity of the caregiver | 14 | | when a verified and substantiated finding of abuse, | 15 | | abandonment, neglect, or financial exploitation of an eligible | 16 | | adult under this Act is made against a caregiver, and all | 17 | | appeals, challenges, and reviews, if any, have been completed | 18 | | and a finding for placement on the Registry has been sustained | 19 | | or upheld. | 20 | | A finding against a caregiver that is placed in the | 21 | | Registry shall preclude that caregiver from providing direct | 22 | | care, as defined in this Section, in a position with or that is | 23 | | regulated by or paid with public funds from the Department on | 24 | | Aging, the Department of Healthcare and Family Services, the | 25 | | Department of Human Services, or the Department of Public | 26 | | Health or with an entity or provider licensed, certified, or |
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| 1 | | regulated by or paid with public funds from any of these State | 2 | | agencies. | 3 | | (b) Definitions. As used in this Section: | 4 | | "Direct care" includes, but is not limited to, direct | 5 | | access to a person aged 60 or older or to an adult with | 6 | | disabilities aged 18 through 59, his or her living quarters, | 7 | | or his or her personal, financial, or medical records for the | 8 | | purpose of providing nursing care or assistance with feeding, | 9 | | dressing, movement, bathing, toileting, other personal needs | 10 | | and activities of daily living or instrumental activities of | 11 | | daily living, or assistance with financial transactions. | 12 | | "Participant" means an individual who uses the services of | 13 | | an in-home care program funded through the Department on | 14 | | Aging, the Department of Healthcare and Family Services, the | 15 | | Department of Human Services, or the Department of Public | 16 | | Health. | 17 | | (c) Access to and use of the Registry. Access to the | 18 | | Registry shall be limited to the Department on Aging, the | 19 | | Department of Healthcare and Family Services, the Department | 20 | | of Human Services, and the Department of Public Health and | 21 | | providers of direct care as described in subsection (a-10) of | 22 | | this Section. These State agencies and providers shall not | 23 | | hire, compensate either directly or on behalf of a | 24 | | participant, or utilize the services of any person seeking to | 25 | | provide direct care without first conducting an online check | 26 | | of whether the person has been placed on the Registry. These |
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| 1 | | State agencies and providers shall maintain a copy of the | 2 | | results of the online check to demonstrate compliance with | 3 | | this requirement. These State agencies and providers are | 4 | | prohibited from retaining, hiring, compensating either | 5 | | directly or on behalf of a participant, or utilizing the | 6 | | services of a person to provide direct care if the online check | 7 | | of the person reveals a verified and substantiated finding of | 8 | | abuse, abandonment, neglect, or financial exploitation that | 9 | | has been placed on the Registry or when the State agencies or | 10 | | providers otherwise gain knowledge of such placement on the | 11 | | Registry. Failure to comply with this requirement may subject | 12 | | such a provider to corrective action by the appropriate | 13 | | regulatory agency or other lawful remedies provided under the | 14 | | applicable licensure, certification, or regulatory laws and | 15 | | rules. | 16 | | (d) Notice to caregiver. The Department on Aging shall
| 17 | | establish rules concerning notice to the caregiver in cases of | 18 | | a verified and substantiated finding of abuse, abandonment, | 19 | | neglect, or financial exploitation against him or her that may | 20 | | make him or her eligible for placement on the Registry. | 21 | | (e) Notification to eligible adults, guardians, or agents. | 22 | | As part of its investigation, the Department on Aging shall | 23 | | notify an eligible adult, or an eligible adult's guardian or | 24 | | agent, that his or her caregiver's name may be placed on the | 25 | | Registry based on a finding as described in subsection (a-10) | 26 | | of this Section. |
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| 1 | | (f) Notification to employer. The Department on Aging | 2 | | shall notify the appropriate State agency or provider of | 3 | | direct care, as described in subsection (a-10), when there is | 4 | | a verified and substantiated finding of abuse, abandonment, | 5 | | neglect, or financial exploitation in a case under this Act | 6 | | that is reported on the Registry and that involves one of its | 7 | | caregivers. That State agency or provider is prohibited from | 8 | | retaining or compensating that individual in a position that | 9 | | involves direct care, and if there is an imminent risk of | 10 | | danger to the victim or an imminent risk of misuse of personal, | 11 | | medical, or financial information, that caregiver shall | 12 | | immediately be barred from providing direct care to the victim | 13 | | pending the outcome of any challenge, appeal, criminal | 14 | | prosecution, or other type of collateral action. | 15 | | (g) Challenges and appeals. The Department on Aging
shall | 16 | | establish, by rule, procedures concerning challenges and | 17 | | appeals to placement on the Registry pursuant to legislative | 18 | | intent. The Department shall not make any report to the | 19 | | Registry pending challenges or appeals. | 20 | | (h) Caregiver's rights to collateral action. The | 21 | | Department on Aging shall not make any report to the Registry | 22 | | if a caregiver notifies the Department in writing that he or | 23 | | she is formally challenging an adverse employment action | 24 | | resulting from a verified and substantiated finding of abuse, | 25 | | abandonment, neglect, or financial exploitation by complaint | 26 | | filed with the Illinois Civil Service Commission, or by |
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| 1 | | another means which seeks to enforce the caregiver's rights | 2 | | pursuant to any applicable collective bargaining agreement. If | 3 | | an action taken by an employer against a caregiver as a result | 4 | | of such a finding is overturned through an action filed with | 5 | | the Illinois Civil Service Commission or under any applicable | 6 | | collective bargaining agreement after that caregiver's name | 7 | | has already been sent to the Registry, the caregiver's name | 8 | | shall be removed from the Registry. | 9 | | (i) Removal from Registry. At any time after a report to | 10 | | the Registry, but no more than once in each successive 3-year | 11 | | period thereafter, for a maximum of 3 such requests, a | 12 | | caregiver may request removal of his or her name from the | 13 | | Registry in relationship to a single incident. The caregiver | 14 | | shall bear the burden of establishing, by a preponderance of | 15 | | the evidence, that removal of his or her name from the Registry | 16 | | is in the public interest. Upon receiving such a request, the | 17 | | Department on Aging shall conduct an investigation and | 18 | | consider any evidentiary material provided. The Department | 19 | | shall issue a decision either granting or denying removal to | 20 | | the caregiver and report it to the Registry. The Department | 21 | | shall, by rule, establish standards and a process for | 22 | | requesting the removal of a name from the Registry. | 23 | | (j) Referral of Registry reports to health care | 24 | | facilities. In the event an eligible adult receiving services | 25 | | from a provider agency changes his or her residence from a | 26 | | domestic living situation to that of a health care or long term |
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| 1 | | care facility, the provider agency shall use reasonable | 2 | | efforts to promptly inform the facility and the appropriate | 3 | | Regional Long Term Care Ombudsman about any Registry reports | 4 | | relating to the eligible adult. For purposes of this Section, | 5 | | a health care or long term care facility includes, but is not | 6 | | limited to, any residential facility licensed, certified, or | 7 | | regulated by the Department of Public Health, Healthcare and | 8 | | Family Services, or Human Services.
| 9 | | (k) The Department on Aging and its employees and agents | 10 | | shall have immunity, except for intentional willful and wanton | 11 | | misconduct, from any liability, civil, criminal, or otherwise, | 12 | | for reporting information to and maintaining the Registry. | 13 | | (Source: P.A. 98-49, eff. 1-1-14; 98-756, eff. 7-16-14; | 14 | | 98-1039, eff. 8-25-14; 99-78, eff. 7-20-15.)
| 15 | | (320 ILCS 20/8) (from Ch. 23, par. 6608)
| 16 | | Sec. 8. Access to records. All records concerning reports | 17 | | of abuse,
abandonment, neglect, financial exploitation, or | 18 | | self-neglect and all records generated as a result of
such | 19 | | reports shall be confidential and shall not be disclosed | 20 | | except as
specifically authorized by this Act or other | 21 | | applicable law. In accord with established law and Department | 22 | | protocols, procedures, and policies, access to such
records, | 23 | | but not access to the identity of the person or persons making | 24 | | a
report of alleged abuse, abandonment, neglect,
financial | 25 | | exploitation, or self-neglect as contained in
such records, |
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| 1 | | shall be provided, upon request, to the following persons and | 2 | | for the following
persons:
| 3 | | (1) Department staff, provider agency staff, other | 4 | | aging network staff, and
regional administrative agency | 5 | | staff, including staff of the Chicago Department on Aging | 6 | | while that agency is designated as a regional | 7 | | administrative agency, in the furtherance of their
| 8 | | responsibilities under this Act;
| 9 | | (1.5) A representative of the public guardian acting | 10 | | in the course of investigating the appropriateness of | 11 | | guardianship for the eligible adult or while pursuing a | 12 | | petition for guardianship of the eligible adult pursuant | 13 | | to the Probate Act of 1975; | 14 | | (2) A law enforcement agency or State's Attorney's | 15 | | office investigating known or suspected
abuse, | 16 | | abandonment, neglect, financial exploitation, or | 17 | | self-neglect. Where a provider
agency has reason to | 18 | | believe that the
death of an eligible adult may be the | 19 | | result of abuse , abandonment, or neglect, including any | 20 | | reports made after death, the agency
shall immediately | 21 | | provide the appropriate law enforcement agency with all
| 22 | | records pertaining to the eligible adult;
| 23 | | (2.5) A law enforcement agency, fire department | 24 | | agency, or fire protection district having proper | 25 | | jurisdiction pursuant to a written agreement between a | 26 | | provider agency and the law enforcement agency, fire |
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| 1 | | department agency, or fire protection district under which | 2 | | the provider agency may furnish to the law enforcement | 3 | | agency, fire department agency, or fire protection | 4 | | district a list of all eligible adults who may be at | 5 | | imminent risk of abuse, abandonment, neglect, financial | 6 | | exploitation, or self-neglect; | 7 | | (3) A physician who has before him or her or who is | 8 | | involved
in the treatment of an eligible adult whom he or | 9 | | she reasonably suspects
may be abused, abandoned, | 10 | | neglected, financially exploited, or self-neglected or who | 11 | | has been
referred to the Adult Protective Services | 12 | | Program;
| 13 | | (4) An eligible adult reported to be abused,
| 14 | | abandoned, neglected,
financially exploited, or | 15 | | self-neglected, or such adult's authorized guardian or | 16 | | agent, unless such
guardian or agent is the abuser or the | 17 | | 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, abandonment, neglect, or | 21 | | financial exploitation, a court or a guardian ad litem, | 22 | | upon its or his or
her finding that access to such records | 23 | | may be
necessary for the determination of an issue before | 24 | | the 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 | 6 | | to such
records is necessary in the conduct of its | 7 | | official 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, abandonment, neglect,
financial exploitation, or | 13 | | self-neglect. The provider agency shall immediately | 14 | | provide the
coroner
or medical examiner with all records | 15 | | pertaining to the 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 | | abandonment, neglect, financial exploitation, or | 23 | | self-neglect; | 24 | | (9) Department of Financial and Professional | 25 | | Regulation staff
and members of the Illinois Medical | 26 | | Disciplinary Board or the Social Work Examining and |
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| 1 | | Disciplinary Board in the course
of investigating alleged | 2 | | violations of the Clinical Social Work and Social Work
| 3 | | Practice Act by provider agency staff or other licensing | 4 | | bodies at the discretion of the Director of the Department | 5 | | on Aging; | 6 | | (9-a) Department of Healthcare and Family Services | 7 | | staff and provider agency staff when that Department is | 8 | | funding services to the eligible adult, including access | 9 | | to the identity of the eligible adult; | 10 | | (9-b) Department of Human Services staff and provider | 11 | | agency staff when that Department is funding services to | 12 | | the eligible adult or is providing reimbursement for | 13 | | services provided by the abuser or alleged abuser, | 14 | | including access to the identity of the eligible adult; | 15 | | (10) Hearing officers in the course of conducting an | 16 | | administrative hearing under this Act; parties to such | 17 | | hearing shall be entitled to discovery as established by | 18 | | rule;
| 19 | | (11) A caregiver who challenges placement on the | 20 | | Registry shall be given the statement of allegations in | 21 | | the abuse report and the substantiation decision in the | 22 | | final investigative report; and | 23 | | (12) The Illinois Guardianship and Advocacy Commission | 24 | | and the agency designated by the Governor under Section 1 | 25 | | of the Protection and Advocacy for Persons with | 26 | | Developmental Disabilities Act shall have access, through |
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| 1 | | the Department, to records, including the findings, | 2 | | pertaining to a completed or closed investigation of a | 3 | | report of suspected abuse, abandonment, neglect, financial | 4 | | exploitation, or self-neglect of an eligible adult. | 5 | | (Source: P.A. 98-49, eff. 7-1-13; 98-1039, eff. 8-25-14; | 6 | | 99-143, eff. 7-27-15; 99-287, eff. 1-1-16; 99-547, eff. | 7 | | 7-15-16; 99-642, eff. 7-28-16.)
| 8 | | (320 ILCS 20/9) (from Ch. 23, par. 6609)
| 9 | | Sec. 9. Authority to consent to services.
| 10 | | (a) If an eligible adult
consents to an assessment of a | 11 | | reported incident of suspected abuse, abandonment, neglect, | 12 | | financial exploitation, or self-neglect and, following the | 13 | | assessment of such report, consents to services being provided | 14 | | according
to the case plan, such services shall be arranged to | 15 | | meet the
adult's needs, based upon the availability of | 16 | | resources to provide such
services. If an adult withdraws his | 17 | | or her consent for an assessment of the reported incident or | 18 | | withdraws his or her consent for services and refuses to | 19 | | accept
such services, the services shall not be provided.
| 20 | | (b) If it reasonably appears to the Department or other | 21 | | agency
designated under this Act that a person is an eligible | 22 | | adult and lacks the
capacity to consent to an assessment of a | 23 | | reported incident of suspected abuse, abandonment, neglect, | 24 | | financial exploitation, or self-neglect or to necessary | 25 | | services, the
Department or other agency shall take |
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| 1 | | appropriate action necessary to ameliorate risk to the | 2 | | eligible adult if there is a threat of ongoing harm or another | 3 | | emergency exists. The Department or other agency
shall be | 4 | | authorized to seek the appointment of a temporary guardian as | 5 | | provided in Article XIa
of the Probate Act of 1975 for the | 6 | | purpose of consenting to an assessment of the reported | 7 | | incident and such services, together with an order for an | 8 | | evaluation of the eligible adult's physical, psychological, | 9 | | and medical condition and decisional capacity.
| 10 | | (c) A guardian of the person of an eligible adult may | 11 | | consent to
an assessment of the reported incident and to | 12 | | services being provided according to the case plan. If an | 13 | | eligible adult lacks capacity to consent, an agent having | 14 | | authority under a power of attorney may consent to an | 15 | | assessment of the reported incident and to services. If the | 16 | | guardian or agent is the suspected abuser and he or she
| 17 | | withdraws consent for the assessment of the reported incident, | 18 | | or refuses to allow services to be provided to
the
eligible | 19 | | adult, the Department, an agency designated under this Act, or | 20 | | the
office of the Attorney General may
request a court order | 21 | | seeking appropriate remedies, and may
in
addition request | 22 | | removal of the guardian and appointment of a successor
| 23 | | guardian or request removal of the agent and appointment of a | 24 | | guardian.
| 25 | | (d) If an emergency exists and the Department or other | 26 | | agency designated
under this Act reasonably believes that a |
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| 1 | | person is an eligible adult and
lacks the capacity to consent | 2 | | to necessary services, the Department or
other agency may | 3 | | request an ex parte order from the circuit court of the
county | 4 | | in which the petitioner or respondent resides or in which the | 5 | | alleged
abuse, abandonment, neglect, financial exploitation, | 6 | | or self-neglect occurred, authorizing
an
assessment of a | 7 | | report of alleged or suspected abuse, abandonment, neglect,
| 8 | | financial exploitation, or self-neglect or the provision of | 9 | | necessary services, or
both,
including relief available under | 10 | | the Illinois Domestic Violence Act of 1986 in accord with | 11 | | established law and Department protocols, procedures, and | 12 | | policies.
Petitions filed under this subsection shall be | 13 | | treated as expedited
proceedings. When an eligible adult is at | 14 | | risk of serious injury or death and it reasonably appears that | 15 | | the eligible adult lacks capacity to consent to necessary | 16 | | services, the Department or other agency designated under this | 17 | | Act may take action necessary to ameliorate the risk in | 18 | | accordance with administrative rules promulgated by the | 19 | | Department.
| 20 | | (d-5) For purposes of this Section, an eligible adult | 21 | | "lacks the capacity to consent" if qualified staff of an | 22 | | agency designated under this Act reasonably determine, in | 23 | | accordance with administrative rules promulgated by the | 24 | | Department, that he or she appears either (i) unable to | 25 | | receive and evaluate information related to the assessment or | 26 | | services or (ii) unable to communicate in any manner decisions |
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| 1 | | related to the assessment of the reported incident or | 2 | | 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 | 9 | | or 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, abandonment, neglect, financial exploitation, | 13 | | or self-neglect, or for the provision of necessary services in | 14 | | connection with alleged or suspected self-neglect, or for | 15 | | both, the court, as soon as is practicable thereafter, shall | 16 | | appoint a guardian ad litem for the eligible adult who is the | 17 | | subject of the order, for the purpose of reviewing the | 18 | | reasonableness of the order. The guardian ad litem shall | 19 | | review the order and, if the guardian ad litem reasonably | 20 | | believes that the order is unreasonable, the guardian ad litem | 21 | | shall file a petition with the court stating the guardian ad | 22 | | litem's belief and requesting that the order be vacated.
| 23 | | (g) In all cases in which there is a substantiated finding | 24 | | of abuse, abandonment, neglect, or financial exploitation by a | 25 | | guardian, the Department shall, within 30 days after the | 26 | | finding, notify the Probate Court with jurisdiction over the |
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| 1 | | guardianship. | 2 | | (Source: P.A. 98-49, eff. 7-1-13; 98-1039, eff. 8-25-14.)
| 3 | | (320 ILCS 20/13)
| 4 | | Sec. 13. Access.
| 5 | | (a) In accord with established law and Department | 6 | | protocols, procedures, and policies, the designated provider | 7 | | agencies shall have access to
eligible adults who have been | 8 | | reported or found to be victims of abuse, abandonment,
| 9 | | neglect,
financial exploitation, or self-neglect
in order to | 10 | | assess the validity of the
report, assess
other needs of the | 11 | | eligible adult, and provide services in accordance with this
| 12 | | Act.
| 13 | | (a-5) A representative of the Department or a designated | 14 | | provider agency that is actively involved in an abuse, | 15 | | abandonment, neglect, financial exploitation, or self-neglect | 16 | | investigation under this Act shall be allowed access to the | 17 | | financial records, mental and physical health records, and | 18 | | other relevant evaluative records of the eligible adult which | 19 | | are in the possession of any individual, financial | 20 | | institution, health care provider, mental health provider, | 21 | | educational facility, or other facility if necessary to | 22 | | complete the investigation mandated by this Act. The provider | 23 | | or facility shall provide such records to the representative | 24 | | upon receipt of a written request and certification from the | 25 | | Department or designated provider agency that an investigation |
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| 1 | | is being conducted under this Act and the records are | 2 | | pertinent to the investigation. | 3 | | Any records received by such representative, the | 4 | | confidentiality of which is protected by another law or rule, | 5 | | shall be maintained as confidential, except for such use as | 6 | | may be necessary for any administrative or other legal | 7 | | proceeding. | 8 | | (b) Where access to an eligible adult is denied, including | 9 | | the refusal to provide requested records, the Office of the | 10 | | Attorney
General, the Department, or the provider agency may | 11 | | petition the court for an
order to require appropriate access | 12 | | where:
| 13 | | (1) a caregiver or third party has interfered with the | 14 | | assessment or
service plan, or
| 15 | | (2) the agency has reason to believe that the eligible | 16 | | adult is denying
access because of coercion, extortion, or | 17 | | justifiable fear of future abuse,
abandonment, neglect, or | 18 | | financial exploitation.
| 19 | | (c) The petition for an order requiring appropriate access | 20 | | shall be afforded
an expedited hearing in the circuit court.
| 21 | | (d) If the provider agency has substantiated financial
| 22 | | exploitation against an eligible adult, and has documented a | 23 | | reasonable belief
that the eligible adult will be irreparably | 24 | | harmed as a result of the financial
exploitation, the Office | 25 | | of the Attorney General, the Department, or the
provider | 26 | | agency may petition for an order freezing the assets of the |
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| 1 | | eligible
adult. The petition shall be filed in the county or | 2 | | counties in which the
assets are located. The court's order | 3 | | shall prohibit the sale, gifting,
transfer, or wasting of the | 4 | | assets of the eligible adult, both real and
personal, owned | 5 | | by, or vested in, the eligible adult, without the express
| 6 | | permission of the court. The petition to freeze the assets of | 7 | | the eligible
adult shall be afforded an expedited hearing in | 8 | | the circuit court.
| 9 | | (Source: P.A. 98-1039, eff. 8-25-14.)
| 10 | | (320 ILCS 20/15) | 11 | | Sec. 15. Fatality review teams. | 12 | | (a) State policy. | 13 | | (1) Both the State and the community maintain a | 14 | | commitment to preventing the abuse, abandonment, neglect, | 15 | | and financial exploitation of at-risk adults. This | 16 | | includes a charge to bring perpetrators of crimes against | 17 | | at-risk adults to justice and prevent untimely deaths in | 18 | | the community. | 19 | | (2) When an at-risk adult dies, the response to the | 20 | | death by the community, law enforcement, and the State | 21 | | must include an accurate and complete determination of the | 22 | | cause of death, and the development and implementation of | 23 | | measures to prevent future deaths from similar causes. | 24 | | (3) Multidisciplinary and multi-agency reviews of | 25 | | deaths can assist the State and counties in developing a |
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| 1 | | greater understanding of the incidence and causes of | 2 | | premature deaths and the methods for preventing those | 3 | | deaths, improving methods for investigating deaths, and | 4 | | identifying gaps in services to at-risk adults. | 5 | | (4) Access to information regarding the deceased | 6 | | person and his or her family by multidisciplinary and | 7 | | multi-agency fatality review teams is necessary in order | 8 | | to fulfill their purposes and duties. | 9 | | (a-5) Definitions. As used in this Section: | 10 | | "Advisory Council" means the Illinois Fatality Review | 11 | | Team Advisory Council. | 12 | | "Review Team" means a regional interagency fatality | 13 | | review team. | 14 | | (b) The Director, in consultation with the Advisory | 15 | | Council, law enforcement, and other professionals who work in | 16 | | the fields of investigating, treating, or preventing abuse , | 17 | | abandonment, or neglect of at-risk adults, shall appoint | 18 | | members to a minimum of one review team in each of the | 19 | | Department's planning and service areas. Each member of a | 20 | | review team shall be appointed for a 2-year term and shall be | 21 | | eligible for reappointment upon the expiration of the term. A | 22 | | review team's purpose in conducting review of at-risk adult | 23 | | deaths is: (i) to assist local agencies in identifying and | 24 | | reviewing suspicious deaths of adult victims of alleged, | 25 | | suspected, or substantiated abuse , abandonment, or neglect in | 26 | | domestic living situations; (ii) to facilitate communications |
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| 1 | | between officials responsible for autopsies and inquests and | 2 | | persons involved in reporting or investigating alleged or | 3 | | suspected cases of abuse, abandonment, neglect, or financial | 4 | | exploitation of at-risk adults and persons involved in | 5 | | providing services to at-risk adults; (iii) to evaluate means | 6 | | by which the death might have been prevented; and (iv) to | 7 | | report its findings to the appropriate agencies and the | 8 | | Advisory Council and make recommendations that may help to | 9 | | reduce the number of at-risk adult deaths caused by abuse , | 10 | | abandonment, and neglect and that may help to improve the | 11 | | investigations of deaths of at-risk adults and increase | 12 | | prosecutions, if appropriate. | 13 | | (b-5) Each such team shall be composed of representatives | 14 | | of entities and individuals including, but not limited to: | 15 | | (1) the Department on Aging; | 16 | | (2) coroners or medical examiners (or both); | 17 | | (3) State's Attorneys; | 18 | | (4) local police departments; | 19 | | (5) forensic units; | 20 | | (6) local health departments; | 21 | | (7) a social service or health care agency that | 22 | | provides services to persons with mental illness, in a | 23 | | program whose accreditation to provide such services is | 24 | | recognized by the Division of Mental Health within the | 25 | | Department of Human Services; | 26 | | (8) a social service or health care agency that |
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| 1 | | provides services to persons with developmental | 2 | | disabilities, in a program whose accreditation to provide | 3 | | such services is recognized by the Division of | 4 | | Developmental Disabilities within the Department of Human | 5 | | Services; | 6 | | (9) a local hospital, trauma center, or provider of | 7 | | emergency medicine; | 8 | | (10) providers of services for eligible adults in | 9 | | domestic living situations; and | 10 | | (11) a physician, psychiatrist, or other health care | 11 | | provider knowledgeable about abuse , abandonment, and | 12 | | neglect of at-risk adults. | 13 | | (c) A review team shall review cases of deaths of at-risk | 14 | | adults occurring in its planning and service area (i) | 15 | | involving blunt force trauma or an undetermined manner or | 16 | | suspicious cause of death; (ii) if requested by the deceased's | 17 | | attending physician or an emergency room physician; (iii) upon | 18 | | referral by a health care provider; (iv) upon referral by a | 19 | | coroner or medical examiner; (v) constituting an open or | 20 | | closed case from an adult protective services agency, law | 21 | | enforcement agency, State's Attorney's office, or the | 22 | | Department of Human Services' Office of the Inspector General | 23 | | that involves alleged or suspected abuse, abandonment, | 24 | | neglect, or financial exploitation; or
(vi) upon referral by a | 25 | | law enforcement agency or State's Attorney's office. If such a | 26 | | death occurs in a planning and service area where a review team |
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| 1 | | has not yet been established, the Director shall request that | 2 | | the Advisory Council or another review team review that death. | 3 | | A team may also review deaths of at-risk adults if the alleged | 4 | | abuse , abandonment, or neglect occurred while the person was | 5 | | residing in a domestic living situation. | 6 | | A review team shall meet not less than 4 times a year to | 7 | | discuss cases for its possible review. Each review team, with | 8 | | the advice and consent of the Department, shall establish | 9 | | criteria to be used in discussing cases of alleged, suspected, | 10 | | or substantiated abuse , abandonment, or neglect for review and | 11 | | shall conduct its activities in accordance with any applicable | 12 | | policies and procedures established by the Department. | 13 | | (c-5) The Illinois Fatality Review Team Advisory Council, | 14 | | consisting of one member from each review team in Illinois, | 15 | | shall be the coordinating and oversight body for review teams | 16 | | and activities in Illinois. The Director may appoint to the | 17 | | Advisory Council any ex-officio members deemed necessary. | 18 | | Persons with expertise needed by the Advisory Council may be | 19 | | invited to meetings. The Advisory Council must select from its | 20 | | members a chairperson and a vice-chairperson, each to serve a | 21 | | 2-year term. The chairperson or vice-chairperson may be | 22 | | selected to serve additional, subsequent terms. The Advisory | 23 | | Council must meet at least 4 times during each calendar year. | 24 | | The Department may provide or arrange for the staff | 25 | | support necessary for the Advisory Council to carry out its | 26 | | duties. The Director, in cooperation and consultation with the |
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| 1 | | Advisory Council, shall appoint, reappoint, and remove review | 2 | | team members. | 3 | | The Advisory Council has, but is not limited to, the | 4 | | following duties: | 5 | | (1) To serve as the voice of review teams in Illinois. | 6 | | (2) To oversee the review teams in order to ensure | 7 | | that the review teams' work is coordinated and in | 8 | | compliance with State statutes and the operating protocol. | 9 | | (3) To ensure that the data, results, findings, and | 10 | | recommendations of the review teams are adequately used in | 11 | | a timely manner to make any necessary changes to the | 12 | | policies, procedures, and State statutes in order to | 13 | | protect at-risk adults. | 14 | | (4) To collaborate with the Department in order to | 15 | | develop any legislation needed to prevent unnecessary | 16 | | deaths of at-risk adults. | 17 | | (5) To ensure that the review teams' review processes | 18 | | are standardized in order to convey data, findings, and | 19 | | recommendations in a usable format. | 20 | | (6) To serve as a link with review teams throughout | 21 | | the country and to participate in national review team | 22 | | activities. | 23 | | (7) To provide the review teams with the most current | 24 | | information and practices concerning at-risk adult death | 25 | | review and related topics. | 26 | | (8) To perform any other functions necessary to |
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| 1 | | enhance the capability of the review teams to reduce and | 2 | | prevent at-risk adult fatalities. | 3 | | The Advisory Council may prepare an annual report, in | 4 | | consultation with the Department, using aggregate data | 5 | | gathered by review teams and using the review teams' | 6 | | recommendations to develop education, prevention, prosecution, | 7 | | or other strategies designed to improve the coordination of | 8 | | services for at-risk adults and their families. | 9 | | In any instance where a review team does not operate in | 10 | | accordance with established protocol, the Director, in | 11 | | consultation and cooperation with the Advisory Council, must | 12 | | take any necessary actions to bring the review team into | 13 | | compliance with the protocol. | 14 | | (d) Any document or oral or written communication shared | 15 | | within or produced by the review team relating to a case | 16 | | discussed or reviewed by the review team is confidential and | 17 | | is not admissible as evidence in any civil or criminal | 18 | | proceeding, except for use by a State's Attorney's office in | 19 | | prosecuting a criminal case against a caregiver. Those records | 20 | | and information are, however, subject to discovery or | 21 | | subpoena, and are admissible as evidence, to the extent they | 22 | | are otherwise available to the public. | 23 | | Any document or oral or written communication provided to | 24 | | a review team by an individual or entity, and created by that | 25 | | individual or entity solely for the use of the review team, is | 26 | | confidential, is not subject to disclosure to or discoverable |
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| 1 | | by another party, and is not admissible as evidence in any | 2 | | civil or criminal proceeding, except for use by a State's | 3 | | Attorney's office in prosecuting a criminal case against a | 4 | | caregiver. Those records and information are, however, subject | 5 | | to discovery or subpoena, and are admissible as evidence, to | 6 | | the extent they are otherwise available to the public. | 7 | | Each entity or individual represented on the fatality | 8 | | review team may share with other members of the team | 9 | | information in the entity's or individual's possession | 10 | | concerning the decedent who is the subject of the review or | 11 | | concerning any person who was in contact with the decedent, as | 12 | | well as any other information deemed by the entity or | 13 | | individual to be pertinent to the review. Any such information | 14 | | shared by an entity or individual with other members of the | 15 | | review team is confidential. The intent of this paragraph is | 16 | | to permit the disclosure to members of the review team of any | 17 | | information deemed confidential or privileged or prohibited | 18 | | from disclosure by any other provision of law. Release of | 19 | | confidential communication between domestic violence advocates | 20 | | and a domestic violence victim shall follow subsection (d) of | 21 | | Section 227 of the Illinois Domestic Violence Act of 1986 | 22 | | which allows for the waiver of privilege afforded to | 23 | | guardians, executors, or administrators of the estate of the | 24 | | domestic violence victim. This provision relating to the | 25 | | release of confidential communication between domestic | 26 | | violence advocates and a domestic violence victim shall |
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| 1 | | exclude adult protective service providers.
| 2 | | A coroner's or medical examiner's office may share with | 3 | | the review team medical records that have been made available | 4 | | to the coroner's or medical examiner's office in connection | 5 | | with that office's investigation of a death. | 6 | | Members of a review team and the Advisory Council are not | 7 | | subject to examination, in any civil or criminal proceeding, | 8 | | concerning information presented to members of the review team | 9 | | or the Advisory Council or opinions formed by members of the | 10 | | review team or the Advisory Council based on that information. | 11 | | A person may, however, be examined concerning information | 12 | | provided to a review team or the Advisory Council. | 13 | | (d-5) Meetings of the review teams and the Advisory | 14 | | Council may be closed to the public under the Open Meetings | 15 | | Act. Records and information provided to a review team and the | 16 | | Advisory Council, and records maintained by a team or the | 17 | | Advisory Council, are exempt from release under the Freedom of | 18 | | Information Act. | 19 | | (e) A review team's recommendation in relation to a case | 20 | | discussed or reviewed by the review team, including, but not | 21 | | limited to, a recommendation concerning an investigation or | 22 | | prosecution, may be disclosed by the review team upon the | 23 | | completion of its review and at the discretion of a majority of | 24 | | its members who reviewed the case. | 25 | | (e-5) The State shall indemnify and hold harmless members | 26 | | of a review team and the Advisory Council for all their acts, |
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| 1 | | omissions, decisions, or other conduct arising out of the | 2 | | scope of their service on the review team or Advisory Council, | 3 | | except those involving willful or wanton misconduct. The | 4 | | method of providing indemnification shall be as provided in | 5 | | the State Employee Indemnification Act. | 6 | | (f) The Department, in consultation with coroners, medical | 7 | | examiners, and law enforcement agencies, shall use aggregate | 8 | | data gathered by and recommendations from the Advisory Council | 9 | | and the review teams to create an annual report and may use | 10 | | those data and recommendations to develop education, | 11 | | prevention, prosecution, or other strategies designed to | 12 | | improve the coordination of services for at-risk adults and | 13 | | their families. The Department or other State or county | 14 | | agency, in consultation with coroners, medical examiners, and | 15 | | law enforcement agencies, also may use aggregate data gathered | 16 | | by the review teams to create a database of at-risk | 17 | | individuals.
| 18 | | (g) The Department shall adopt such rules and regulations | 19 | | as it deems necessary to implement this Section. | 20 | | (Source: P.A. 98-49, eff. 7-1-13; 98-1039, eff. 8-25-14; | 21 | | 99-78, eff. 7-20-15; 99-530, eff. 1-1-17 .)
| 22 | | Section 10. The Criminal Code of 2012 is amended by | 23 | | changing Sections 3-5 and 17-56 as follows:
| 24 | | (720 ILCS 5/3-5) (from Ch. 38, par. 3-5)
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| 1 | | Sec. 3-5. General limitations. | 2 | | (a) A prosecution for: (1) first degree murder, attempt to | 3 | | commit first
degree
murder, second degree murder,
involuntary | 4 | | manslaughter, reckless homicide, a violation of subparagraph | 5 | | (F) of paragraph (1) of subsection (d) of Section 11-501 of the | 6 | | Illinois Vehicle Code for the offense of aggravated driving | 7 | | under the influence of alcohol, other drug or drugs, or | 8 | | intoxicating compound or compounds, or any combination thereof | 9 | | when the violation was a proximate cause of a death, leaving | 10 | | the scene of a motor vehicle accident involving death or | 11 | | personal injuries under Section 11-401 of the Illinois Vehicle | 12 | | Code, failing to give information and render aid under Section | 13 | | 11-403 of the Illinois Vehicle Code, concealment of homicidal
| 14 | | death, treason, arson, residential arson, aggravated arson, | 15 | | forgery, child pornography under paragraph (1) of subsection | 16 | | (a) of Section 11-20.1, or aggravated child pornography under | 17 | | paragraph (1) of subsection (a) of Section 11-20.1B, or (2) | 18 | | any offense
involving sexual conduct or sexual penetration, as | 19 | | defined by
Section 11-0.1 of this Code may be commenced at any
| 20 | | time.
| 21 | | (a-5) A prosecution for theft of property exceeding | 22 | | $100,000 in value under Section 16-1, identity theft under | 23 | | subsection (a) of Section 16-30, aggravated identity theft | 24 | | under subsection (b) of Section 16-30, financial exploitation | 25 | | of an elderly person or a person with a disability under | 26 | | Section 17-56; theft by deception of a victim 60 years of age |
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| 1 | | or older or a person with a disability under Section 16-1; or | 2 | | any offense set forth in Article 16H or Section 17-10.6 may be | 3 | | commenced within 7 years of the last act committed in | 4 | | furtherance of the crime. | 5 | | (b) Unless the statute describing the offense provides | 6 | | otherwise, or the
period of limitation is extended by Section | 7 | | 3-6, a prosecution for any
offense not designated in | 8 | | subsection (a) or (a-5) must be commenced within 3 years
after | 9 | | the commission of the offense if it is a felony, or within one | 10 | | year
and 6 months after its commission if it is a misdemeanor.
| 11 | | (Source: P.A. 100-149, eff. 1-1-18; 100-863, eff. 8-14-18; | 12 | | 101-130, eff. 1-1-20 .)
| 13 | | (720 ILCS 5/17-56) (was 720 ILCS 5/16-1.3)
| 14 | | Sec. 17-56. Financial exploitation of an elderly person or | 15 | | a
person with a disability.
| 16 | | (a) A person commits financial exploitation of an elderly
| 17 | | person or a person with a disability when he or she stands in a
| 18 | | position of trust
or confidence with the
elderly person or a | 19 | | person with a disability
and he
or she knowingly: | 20 | | (1) by
deception or
intimidation obtains control over | 21 | | the property of an elderly person or
a person
with a | 22 | | disability;
or | 23 | | (2) illegally uses the assets or resources of an | 24 | | elderly person or a
person with a disability.
| 25 | | (b) Sentence. Financial exploitation of an elderly person |
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| 1 | | or a person
with a
disability is: (1) a Class 4
felony if the | 2 | | value of the property is $300 or less, (2) a Class 3 felony if
| 3 | | the value of the property is more than $300 but less than | 4 | | $5,000, (3) a Class 2
felony if the value of the property is | 5 | | $5,000 or more but less than
$50,000, and (4) a Class 1 felony | 6 | | if the value of the property is $50,000 or more
or if the | 7 | | elderly person is over 70 years of age and the value of the
| 8 | | property is $15,000 or more or if the elderly person is 80 | 9 | | years of age or
older and the value of the property is $5,000 | 10 | | or more.
| 11 | | (c) For purposes of this Section:
| 12 | | (1) "Elderly person" means a person 60
years of age or | 13 | | older.
| 14 | | (2) "Person with a disability" means a person who
| 15 | | suffers from a physical or mental impairment resulting | 16 | | from
disease, injury, functional disorder or congenital | 17 | | condition that impairs the
individual's mental or physical | 18 | | ability to independently manage his or her
property or | 19 | | financial resources, or both.
| 20 | | (3) "Intimidation" means the communication to an | 21 | | elderly person or a
person with a disability that he or she | 22 | | shall be deprived of food and
nutrition,
shelter, | 23 | | prescribed
medication or medical care and treatment or | 24 | | conduct as provided in Section 12-6 of this Code.
| 25 | | (4) "Deception" means, in addition to its meaning as | 26 | | defined in Section
15-4 of this Code,
a misrepresentation |
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| 1 | | or concealment of material fact
relating to the terms of a | 2 | | contract or agreement entered into with the
elderly person | 3 | | or person with a disability or to the
existing or
| 4 | | pre-existing condition of
any of the property involved in | 5 | | such contract or agreement; or the use or
employment of | 6 | | any misrepresentation, false pretense or false promise in
| 7 | | order to induce, encourage or solicit the elderly person | 8 | | or
person with
a disability to
enter into a contract or | 9 | | agreement.
| 10 | | The illegal use of the assets or resources of an
elderly | 11 | | person or a person with a disability includes, but is not | 12 | | limited
to, the misappropriation of those assets or resources | 13 | | by undue influence,
breach of a fiduciary relationship, fraud, | 14 | | deception, extortion, or
use of the assets or resources | 15 | | contrary to law. | 16 | | A person stands in a position of
trust and confidence with | 17 | | an elderly person or person with a
disability when he (i) is a
| 18 | | parent, spouse, adult child or other relative by blood or | 19 | | marriage of the
elderly person or person with a disability, | 20 | | (ii) is a joint
tenant or
tenant in common with
the elderly | 21 | | person or person with a disability, (iii) has
a legal or
| 22 | | fiduciary relationship
with the elderly person or person with | 23 | | a disability, (iv) is a financial
planning or investment | 24 | | professional, or (v) is a paid or unpaid caregiver for the | 25 | | elderly person or person with a disability , or (vi) is a friend | 26 | | or acquaintance in a position of trust .
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| 1 | | (d) Limitations. Nothing in this Section shall be | 2 | | construed to limit the remedies
available to the victim under | 3 | | the Illinois Domestic Violence Act of 1986.
| 4 | | (e) Good faith efforts. Nothing in this Section shall be | 5 | | construed to impose criminal
liability on a person who has | 6 | | made a good faith effort to assist the
elderly person or person | 7 | | with a disability in the
management of his or her
property, but | 8 | | through
no fault of his or her own has been unable to provide | 9 | | such assistance.
| 10 | | (f) Not a defense. It shall not be a defense to financial | 11 | | exploitation of an elderly
person or person with a disability | 12 | | that the accused reasonably believed
that the victim was
not | 13 | | an elderly person or person with a disability. Consent is not a | 14 | | defense to financial exploitation of an elderly person or a | 15 | | person with a disability if the accused knew or had reason to | 16 | | know that the elderly person or a person with a disability | 17 | | lacked capacity to consent.
| 18 | | (g) Civil Liability. A civil cause of action exists for | 19 | | financial exploitation of an elderly person or a
person with a | 20 | | disability as described in subsection (a) of this Section. A | 21 | | person against whom a civil judgment has been entered for | 22 | | financial exploitation of an elderly person
or person with a | 23 | | disability shall be liable to the victim or to the estate of | 24 | | the
victim in damages of treble the amount of the value of the | 25 | | property
obtained, plus reasonable attorney fees and court | 26 | | costs. In a civil action under this subsection, the burden of
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| 1 | | proof that the defendant committed financial exploitation of | 2 | | an elderly person or a
person with a disability as described in | 3 | | subsection (a) of this Section shall be
by a preponderance of | 4 | | the evidence. This subsection shall be operative
whether or | 5 | | not the defendant has been charged or convicted of the | 6 | | criminal offense as described in subsection (a) of this | 7 | | Section. This subsection (g) shall not limit or affect the | 8 | | right of any person to bring any cause of action or seek any | 9 | | remedy available under the common law, or other applicable | 10 | | law, arising out of the financial exploitation of an elderly | 11 | | person or a person with a disability.
| 12 | | (h) If a person is charged with financial exploitation of | 13 | | an elderly person or a person with a disability that involves | 14 | | the taking or loss of property valued at more than $5,000, a | 15 | | prosecuting attorney may file a petition with the circuit | 16 | | court of the county in which the defendant has been charged to | 17 | | freeze the assets of the defendant in an amount equal to but | 18 | | not greater than the alleged value of lost or stolen property | 19 | | in the defendant's pending criminal proceeding for purposes of | 20 | | restitution to the victim. The burden of proof required to | 21 | | freeze the defendant's assets shall be by a preponderance of | 22 | | the evidence. | 23 | | (Source: P.A. 101-394, eff. 1-1-20 .)
| 24 | | Section 15. The Home Repair Fraud Act is amended by | 25 | | changing Section 3 as follows:
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| 1 | | (815 ILCS 515/3) (from Ch. 121 1/2, par. 1603)
| 2 | | Sec. 3. Home Repair Fraud.
| 3 | | (a) A person commits the offense of home repair fraud when | 4 | | he knowingly
enters into an agreement or contract, written or | 5 | | oral, with a person for
home repair, and he knowingly:
| 6 | | (1) Misrepresents a material fact relating to the | 7 | | terms of the contract
or agreement or the preexisting or | 8 | | existing condition of any portion of the
property | 9 | | involved, or creates or confirms another's impression | 10 | | which is
false and which he does not believe to be true, or | 11 | | promises performance
which he does not intend to perform | 12 | | or knows will not be performed or completed at any time | 13 | | during the
performance of the service ; or
| 14 | | (2) uses or employs any deception, false pretense or | 15 | | false promises in
order to induce, encourage or solicit | 16 | | such person to enter into any
contract or agreement; or
| 17 | | (3) enters into an unconscionable agreement or | 18 | | contract requiring
payment to the contractor of at least | 19 | | $4,000. A contract is unconscionable
within the meaning of | 20 | | this Act when an unreasonable difference exists
between | 21 | | the value of the services, materials and work to be | 22 | | performed and
the amount charged for those services, | 23 | | materials and work. For purposes of
this Section, prima | 24 | | facie evidence shall exist that the contract or
agreement | 25 | | is unconscionable if the total payment called for by the |
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| 1 | | contract
or agreement is in excess of four times the fair | 2 | | market value for those
services, materials and work; or
| 3 | | (4) fails to comply with the provisions of "An Act in | 4 | | relation to
the use of an assumed name in the conduct or | 5 | | transaction of business in
this State", approved July 17, | 6 | | 1941, as amended, and misrepresents or
conceals either his | 7 | | real name, the name of his business, or his business
| 8 | | address.
| 9 | | (b) A person commits the offense of home repair fraud when | 10 | | he knowingly:
| 11 | | (1) damages the property of a person with the intent | 12 | | to enter
into an agreement or contract for home repair; or
| 13 | | (2) misrepresents himself or another to be an employee | 14 | | or agent of any
unit of the federal, State or municipal | 15 | | government or any other
governmental unit, or an employee | 16 | | or agent of any public utility, with the
intent to cause a | 17 | | person to enter into, with himself or another, any
| 18 | | contract or agreement for home repair.
| 19 | | (c) For purposes of subsection (a), paragraph (1), it | 20 | | shall be a
rebuttable presumption of intent or knowledge that | 21 | | a person promises
performance which he does not intend to | 22 | | perform and knows will not be
performed when, after no | 23 | | performance or no substantial performance of a
contract or | 24 | | agreement for home repair, he fails or refuses to return
| 25 | | payments made by the victim and he:
| 26 | | (1) fails to acknowledge or respond to a written |
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| 1 | | demand for commencement
or completion of home repair | 2 | | within 10 days after such demand is mailed or
presented to | 3 | | him by the victim or by the victim's legal representative | 4 | | or
by a law enforcement or consumer agency acting on | 5 | | behalf of the victim; or
| 6 | | (2) fails to notify the victim in writing of a change | 7 | | of business name
or address prior to the completion of the | 8 | | home repair; or
| 9 | | (3) makes false statements or representations to the | 10 | | victim to excuse
his non-performance or non-substantial | 11 | | performance; or
| 12 | | (4) uses deception to obtain the victim's consent to | 13 | | modification of the
terms of the original contract or | 14 | | agreement; or
| 15 | | (5) fails to employ qualified personnel necessary to | 16 | | perform
the home repair; or
| 17 | | (6) fails to order or purchase the basic materials | 18 | | required for
performance of the home repair; or
| 19 | | (7) fails to comply with municipal, county, State or | 20 | | federal
regulations or codes relating to the performance | 21 | | of home repair.
| 22 | | Intent and knowledge shall be determined by an evaluation | 23 | | of all
circumstances surrounding a transaction and the | 24 | | determination shall not be
limited to the time of contract or | 25 | | agreement.
| 26 | | Substantial performance shall not include work performed |
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| 1 | | in a manner
of little or no value or work that fails to comply | 2 | | with the appropriate
municipal, county, State or federal | 3 | | regulations or codes.
| 4 | | (Source: P.A. 87-820.)".
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