Full Text of HB2858 103rd General Assembly
HB2858sam002 103RD GENERAL ASSEMBLY | Sen. Jil Tracy Filed: 5/17/2023
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| 1 | | AMENDMENT TO HOUSE BILL 2858
| 2 | | AMENDMENT NO. ______. Amend House Bill 2858 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, 4, 4.1, 4.2, 5, and 8 as follows:
| 6 | | (320 ILCS 20/2) (from Ch. 23, par. 6602)
| 7 | | Sec. 2. Definitions. As used in this Act, unless the | 8 | | context
requires otherwise:
| 9 | | (a) "Abandonment" means the desertion or willful forsaking | 10 | | of an eligible adult by an individual responsible for the care | 11 | | and custody of that eligible adult under circumstances in | 12 | | which a reasonable person would continue to provide care and | 13 | | custody. Nothing in this Act shall be construed to mean that an | 14 | | eligible adult is a victim of abandonment because of health | 15 | | care services provided or not provided by licensed health care | 16 | | professionals. |
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| 1 | | (a-1) "Abuse" means causing any physical, mental or sexual | 2 | | injury to an
eligible adult, including exploitation of such | 3 | | adult's financial resources, and abandonment.
| 4 | | Nothing in this Act shall be construed to mean that an | 5 | | eligible adult is a
victim of abuse, abandonment, neglect, or | 6 | | self-neglect for the sole reason that he or she is being
| 7 | | furnished with or relies upon treatment by spiritual means | 8 | | through prayer
alone, in accordance with the tenets and | 9 | | practices of a recognized church
or religious denomination.
| 10 | | Nothing in this Act shall be construed to mean that an | 11 | | eligible adult is a
victim of abuse because of health care | 12 | | services provided or not provided by
licensed health care | 13 | | professionals.
| 14 | | Nothing in this Act shall be construed to mean that an
| 15 | | eligible adult is a victim of abuse in cases of criminal
| 16 | | activity by strangers, telemarketing scams, consumer fraud,
| 17 | | internet fraud, home repair disputes, complaints against a
| 18 | | homeowners' association, or complaints between landlords and
| 19 | | tenants. | 20 | | (a-5) "Abuser" means a person who is a family member,
| 21 | | caregiver, or another person who has a continuing relationship
| 22 | | with the eligible adult and abuses, abandons, neglects, or | 23 | | financially
exploits an eligible adult.
| 24 | | (a-6) "Adult with disabilities" means a person aged 18 | 25 | | through 59 who resides in a domestic living situation and | 26 | | whose disability as defined in subsection (c-5) impairs his or |
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| 1 | | her ability to seek or obtain protection from abuse, | 2 | | abandonment, neglect, or exploitation. | 3 | | (a-7) "Caregiver" means a person who either as a result of | 4 | | a family
relationship, voluntarily, or in exchange for | 5 | | compensation has assumed
responsibility for all or a portion | 6 | | of the care of an eligible adult who needs
assistance with | 7 | | activities of daily
living or instrumental activities of daily | 8 | | living.
| 9 | | (b) "Department" means the Department on Aging of the | 10 | | State of Illinois.
| 11 | | (c) "Director" means the Director of the Department.
| 12 | | (c-5) "Disability" means a physical or mental disability, | 13 | | including, but not limited to, a developmental disability, an | 14 | | intellectual disability, a mental illness as defined under the | 15 | | Mental Health and Developmental Disabilities Code, or dementia | 16 | | as defined under the Alzheimer's Disease Assistance Act. | 17 | | (d) "Domestic living situation" means a residence where | 18 | | the eligible
adult at the time of the report lives alone or | 19 | | with his or her family or a caregiver, or others,
or other | 20 | | community-based unlicensed facility, but
is not:
| 21 | | (1) A licensed facility as defined in Section 1-113 of | 22 | | the Nursing Home
Care Act;
| 23 | | (1.5) A facility licensed under the ID/DD Community | 24 | | Care Act; | 25 | | (1.6) A facility licensed under the MC/DD Act; | 26 | | (1.7) A facility licensed under the Specialized Mental |
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| 1 | | Health Rehabilitation Act of 2013; | 2 | | (2) A "life care facility" as defined in the Life Care | 3 | | Facilities Act;
| 4 | | (3) A home, institution, or other place operated by | 5 | | the federal
government or agency thereof or by the State | 6 | | of Illinois;
| 7 | | (4) A hospital, sanitarium, or other institution, the | 8 | | principal activity
or business of which is the diagnosis, | 9 | | care, and treatment of human illness
through the | 10 | | maintenance and operation of organized facilities | 11 | | therefor,
which is required to be licensed under the | 12 | | Hospital Licensing Act;
| 13 | | (5) A "community living facility" as defined in the | 14 | | Community Living
Facilities Licensing Act;
| 15 | | (6) (Blank);
| 16 | | (7) A "community-integrated living arrangement" as | 17 | | defined in
the Community-Integrated Living Arrangements | 18 | | Licensure and Certification Act or a "community | 19 | | residential alternative" as licensed under that Act;
| 20 | | (8) An assisted living or shared housing establishment | 21 | | as defined in the Assisted Living and Shared Housing Act; | 22 | | or
| 23 | | (9) A supportive living facility as described in | 24 | | Section 5-5.01a of the Illinois Public Aid Code.
| 25 | | (e) "Eligible adult" means either an adult with | 26 | | disabilities aged 18 through 59 or a person aged 60 or older |
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| 1 | | who
resides in a domestic living situation and is, or is | 2 | | alleged
to be, abused, abandoned, neglected, or financially | 3 | | exploited by another individual or who neglects himself or | 4 | | herself. "Eligible adult" also includes an adult who resides | 5 | | in any of the facilities that are excluded from the definition | 6 | | of "domestic living situation" under paragraphs (1) through | 7 | | (9) of subsection (d), if either: (i) the alleged abuse, | 8 | | abandonment, or neglect occurs outside of the facility and not | 9 | | under facility supervision and the alleged abuser is a family | 10 | | member, caregiver, or another person who has a continuing | 11 | | relationship with the adult; or (ii) the alleged financial | 12 | | exploitation is perpetrated by a family member, caregiver, or | 13 | | another person who has a continuing relationship with the | 14 | | adult, but who is not an employee of the facility where the | 15 | | adult resides.
| 16 | | (f) "Emergency" means a situation in which an eligible | 17 | | adult is living
in conditions presenting a risk of death or | 18 | | physical, mental or sexual
injury and the provider agency has | 19 | | reason to believe the eligible adult is
unable to
consent to | 20 | | services which would alleviate that risk.
| 21 | | (f-1) "Financial exploitation" means the use of an | 22 | | eligible adult's resources by another to the disadvantage of | 23 | | that adult or the profit or advantage of a person other than | 24 | | that adult. | 25 | | (f-3) "Investment advisor" means any person required to
| 26 | | register as an investment adviser or investment adviser
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| 1 | | representative under Section 8 of the Illinois Securities Law
| 2 | | of 1953, which for purposes of this Act excludes any bank,
| 3 | | trust company, savings bank, or credit union, or their
| 4 | | respective employees. | 5 | | (f-5) "Mandated reporter" means any of the following | 6 | | persons
while engaged in carrying out their professional | 7 | | duties:
| 8 | | (1) a professional or professional's delegate while | 9 | | engaged in: (i) social
services, (ii) law enforcement, | 10 | | (iii) education, (iv) the care of an eligible
adult or | 11 | | eligible adults, or (v) any of the occupations required to | 12 | | be licensed
under the Behavior Analyst Licensing Act,
the | 13 | | Clinical Psychologist Licensing Act, the Clinical Social | 14 | | Work and Social
Work Practice Act, the Illinois Dental | 15 | | Practice Act, the Dietitian Nutritionist Practice Act, the | 16 | | Marriage and Family Therapy Licensing Act, the
Medical | 17 | | Practice Act of 1987, the Naprapathic Practice Act, the
| 18 | | Nurse Practice Act, the Nursing Home
Administrators | 19 | | Licensing and
Disciplinary Act, the Illinois Occupational | 20 | | Therapy Practice Act, the Illinois
Optometric Practice Act | 21 | | of 1987, the Pharmacy Practice Act, the
Illinois Physical | 22 | | Therapy Act, the Physician Assistant Practice Act of 1987,
| 23 | | the Podiatric Medical Practice Act of 1987, the | 24 | | Respiratory Care Practice
Act,
the Professional Counselor | 25 | | and
Clinical Professional Counselor Licensing and Practice | 26 | | Act, the Illinois Speech-Language
Pathology and Audiology |
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| 1 | | Practice Act, the Veterinary Medicine and Surgery
Practice | 2 | | Act of 2004, and the Illinois Public Accounting Act;
| 3 | | (1.5) an employee of an entity providing developmental | 4 | | disabilities services or service coordination funded by | 5 | | the Department of Human Services; | 6 | | (2) an employee of a vocational rehabilitation | 7 | | facility prescribed or
supervised by the Department of | 8 | | Human Services;
| 9 | | (3) an administrator, employee, or person providing | 10 | | services in or through
an unlicensed community based | 11 | | facility;
| 12 | | (4) any religious practitioner who provides treatment | 13 | | by prayer or spiritual means alone in accordance with the | 14 | | tenets and practices of a recognized church or religious | 15 | | denomination, except as to information received in any | 16 | | confession or sacred communication enjoined by the | 17 | | discipline of the religious denomination to be held | 18 | | confidential;
| 19 | | (5) field personnel of the Department of Healthcare | 20 | | and Family Services, Department of Public
Health, and | 21 | | Department of Human Services, and any county or
municipal | 22 | | health department;
| 23 | | (6) personnel of the Department of Human Services, the | 24 | | Guardianship and
Advocacy Commission, the State Fire | 25 | | Marshal, local fire departments, the
Department on Aging | 26 | | and its subsidiary Area Agencies on Aging and provider
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| 1 | | agencies, except the State Long Term Care Ombudsman and | 2 | | any of his or her representatives or volunteers where | 3 | | prohibited from making such a report pursuant to 45 CFR | 4 | | 1324.11(e)(3)(iv); and the Office of State Long Term Care | 5 | | Ombudsman;
| 6 | | (7) any employee of the State of Illinois not | 7 | | otherwise specified herein
who is involved in providing | 8 | | services to eligible adults, including
professionals | 9 | | providing medical or rehabilitation services and all
other | 10 | | persons having direct contact with eligible adults;
| 11 | | (8) a person who performs the duties of a coroner
or | 12 | | medical examiner; or
| 13 | | (9) a person who performs the duties of a paramedic or | 14 | | an emergency
medical
technician ; or .
| 15 | | (10) a person who performs the duties of an investment
| 16 | | advisor. | 17 | | (g) "Neglect" means
another individual's failure to | 18 | | provide an eligible
adult with or willful withholding from an | 19 | | eligible adult the necessities of
life including, but not | 20 | | limited to, food, clothing, shelter or health care.
This | 21 | | subsection does not create any new affirmative duty to provide | 22 | | support to
eligible adults. Nothing in this Act shall be | 23 | | construed to mean that an
eligible adult is a victim of neglect | 24 | | because of health care services provided
or not provided by | 25 | | licensed health care professionals.
| 26 | | (h) "Provider agency" means any public or nonprofit agency |
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| 1 | | in a planning
and service area that is selected by the | 2 | | Department or appointed by the regional administrative agency | 3 | | with prior
approval by the Department on Aging to receive and | 4 | | assess reports of
alleged or suspected abuse, abandonment, | 5 | | neglect, or financial exploitation. A provider agency is also | 6 | | referenced as a "designated agency" in this Act.
| 7 | | (i) "Regional administrative agency" means any public or | 8 | | nonprofit
agency in a planning and service area that provides | 9 | | regional oversight and performs functions as set forth in | 10 | | subsection (b) of Section 3 of this Act. The Department shall | 11 | | designate an Area Agency on Aging as the regional | 12 | | administrative agency or, in the event the Area Agency on | 13 | | Aging in that planning and service area is deemed by the | 14 | | Department to be unwilling or unable to provide those | 15 | | functions, the Department may serve as the regional | 16 | | administrative agency or designate another qualified entity to | 17 | | serve as the regional administrative agency; any such | 18 | | designation shall be subject to terms set forth by the | 19 | | Department.
| 20 | | (i-5) "Self-neglect" means a condition that is the result | 21 | | of an eligible adult's inability, due to physical or mental | 22 | | impairments, or both, or a diminished capacity, to perform | 23 | | essential self-care tasks that substantially threaten his or | 24 | | her own health, including: providing essential food, clothing, | 25 | | shelter, and health care; and obtaining goods and services | 26 | | necessary to maintain physical health, mental health, |
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| 1 | | emotional well-being, and general safety. The term includes | 2 | | compulsive hoarding, which is characterized by the acquisition | 3 | | and retention of large quantities of items and materials that | 4 | | produce an extensively cluttered living space, which | 5 | | significantly impairs the performance of essential self-care | 6 | | tasks or otherwise substantially threatens life or safety.
| 7 | | (j) "Substantiated case" means a reported case of alleged | 8 | | or suspected
abuse, abandonment, neglect, financial | 9 | | exploitation, or self-neglect in which a provider agency,
| 10 | | after assessment, determines that there is reason to believe | 11 | | abuse,
abandonment, neglect, or financial exploitation has | 12 | | occurred.
| 13 | | (k) "Verified" means a determination that there is "clear | 14 | | and convincing evidence" that the specific injury or harm | 15 | | alleged was the result of abuse, abandonment, neglect, or | 16 | | financial exploitation. | 17 | | (Source: P.A. 102-244, eff. 1-1-22; 102-953, eff. 5-27-22.)
| 18 | | (320 ILCS 20/4) (from Ch. 23, par. 6604)
| 19 | | Sec. 4. Reports of abuse, abandonment, or neglect.
| 20 | | (a) Any person who suspects the abuse,
abandonment, | 21 | | neglect,
financial exploitation, or self-neglect of an | 22 | | eligible adult may
report
this suspicion or information about
| 23 | | the suspicious death of an eligible adult to an agency | 24 | | designated to receive such
reports under this Act or to the | 25 | | Department.
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| 1 | | (a-5) If any mandated reporter has reason to believe that | 2 | | an eligible
adult,
who because of a disability or other | 3 | | condition or impairment is unable to seek assistance for | 4 | | himself or herself,
has, within the previous 12 months, been | 5 | | subjected to abuse, abandonment, neglect, or
financial | 6 | | exploitation, the mandated reporter shall, within 24 hours | 7 | | after
developing
such belief, report this suspicion to an | 8 | | agency designated to receive such
reports under this Act or
to | 9 | | the Department. The agency designated to receive such reports | 10 | | under this Act or the Department may establish a manner in | 11 | | which a mandated reporter can make the required report through | 12 | | an Internet reporting tool. Information sent and received | 13 | | through the Internet reporting tool is subject to the same | 14 | | rules in this Act as other types of confidential reporting | 15 | | established by the designated agency or the Department. | 16 | | Whenever a mandated reporter
is required to report under this | 17 | | Act in his or her capacity as a member of
the staff of a | 18 | | medical or other public or private institution, facility,
or | 19 | | agency, he or she shall make a report
to an agency designated | 20 | | to receive such
reports under this Act or
to the Department in | 21 | | accordance
with the provisions of this Act and may also notify | 22 | | the person in charge of
the institution, facility, or agency | 23 | | or his or her
designated agent that the
report has been made. | 24 | | Under no circumstances shall any person in charge of
such | 25 | | institution, facility, or agency, or his or her
designated | 26 | | agent to whom
the notification has been made, exercise any |
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| 1 | | control, restraint,
modification, or other change in the | 2 | | report or the forwarding of the report
to an agency designated | 3 | | to receive such
reports under this Act or
to the Department. | 4 | | The privileged quality of communication between any
| 5 | | professional
person required to report
and his or her patient | 6 | | or client shall not apply to situations involving
abused, | 7 | | abandoned, neglected, or financially exploited eligible adults | 8 | | and shall not
constitute
grounds for failure to
report
as | 9 | | required by this Act.
| 10 | | (a-6) If a mandated reporter has reason to believe that
| 11 | | the death of an eligible adult may be the result of abuse or
| 12 | | neglect, the matter shall be reported to an agency designated
| 13 | | to receive such reports under this Act or to the Department for
| 14 | | subsequent referral to the appropriate law enforcement agency
| 15 | | and the coroner or medical examiner in accordance with
| 16 | | subsection (c-5) of Section 3 of 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 or a report concerning information about the
| 2 | | suspicious death of an eligible adult under this Act may be | 3 | | disclosed by the Department
or other agency provided for in | 4 | | this Act only with such person's written
consent or by court | 5 | | order, but is otherwise confidential.
| 6 | | (d) The Department shall by rule establish a system for | 7 | | filing and
compiling reports made under this Act.
| 8 | | (e) Any physician who willfully fails to report as | 9 | | required by this Act
shall be referred to the Illinois State | 10 | | Medical Disciplinary Board for action
in accordance with | 11 | | subdivision (A)(22) of Section 22 of the Medical Practice
Act | 12 | | of 1987. Any dentist or dental hygienist who willfully fails | 13 | | to report as
required by this Act shall be referred to the | 14 | | Department of Professional
Regulation for action in accordance | 15 | | with paragraph 19 of Section 23 of the
Illinois Dental | 16 | | Practice Act. Any optometrist who willfully fails to report as | 17 | | required by this Act shall be referred to the Department of | 18 | | Financial and Professional Regulation for action in accordance | 19 | | with paragraph (15) of subsection (a) of Section 24 of the | 20 | | Illinois Optometric Practice Act of 1987. Any other mandated | 21 | | reporter required by
this Act to report suspected abuse, | 22 | | abandonment, neglect, or financial exploitation who
willfully | 23 | | fails to report the same is guilty of a Class A misdemeanor.
| 24 | | (Source: P.A. 102-244, eff. 1-1-22 .)
| 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 | 4 | | employee : (i) who makes any good faith oral or
written report | 5 | | of suspected abuse, abandonment, neglect, or financial | 6 | | exploitation ; (ii) who makes any good faith oral or written | 7 | | report concerning information about the suspicious death of an | 8 | | eligible adult; or
(iii) who is or will be a
witness or testify | 9 | | in any investigation or proceeding concerning a report
of | 10 | | suspected abuse, abandonment, neglect, or financial | 11 | | exploitation.
| 12 | | (Source: P.A. 102-244, eff. 1-1-22 .)
| 13 | | (320 ILCS 20/4.2)
| 14 | | Sec. 4.2. Testimony by mandated reporter and investigator. | 15 | | Any mandated
reporter who makes a report or any person who
| 16 | | investigates a report under
this Act shall testify fully in | 17 | | any judicial proceeding resulting from such
report, as to any | 18 | | evidence of abuse, abandonment, neglect, or financial | 19 | | exploitation or the
cause thereof. Any
mandated reporter who | 20 | | is required to report a suspected case of or a suspicious death | 21 | | due to abuse, abandonment, neglect,
or
financial exploitation | 22 | | under
Section 4 of this Act shall testify fully in any | 23 | | administrative hearing
resulting from such report, as to any | 24 | | evidence of abuse, abandonment, neglect, or financial
| 25 | | exploitation or the
cause thereof. No evidence shall be |
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| 1 | | excluded by reason of any common law
or statutory privilege | 2 | | relating to communications between the alleged
abuser or the | 3 | | eligible adult subject of the report
under
this Act and the | 4 | | person making or investigating the report.
| 5 | | (Source: P.A. 102-244, eff. 1-1-22 .)
| 6 | | (320 ILCS 20/5) (from Ch. 23, par. 6605)
| 7 | | Sec. 5. Procedure.
| 8 | | (a) A provider agency designated to receive reports
of | 9 | | alleged or suspected abuse, abandonment, neglect, financial
| 10 | | exploitation, or self-neglect under
this Act shall, upon
| 11 | | receiving such a report, conduct a face-to-face assessment | 12 | | with respect to
such report, in accord with established law | 13 | | and Department protocols, procedures, and policies. | 14 | | Face-to-face assessments, casework, and follow-up of reports | 15 | | of self-neglect by the provider agencies designated to receive | 16 | | reports of self-neglect shall be subject to sufficient | 17 | | appropriation for statewide implementation of assessments, | 18 | | casework, and follow-up of reports of self-neglect. In the | 19 | | absence of sufficient appropriation for statewide | 20 | | implementation of assessments, casework, and follow-up of | 21 | | reports of self-neglect, the designated adult protective | 22 | | services provider agency shall refer all reports of | 23 | | self-neglect to the appropriate agency or agencies as | 24 | | designated by the Department for any follow-up. The assessment | 25 | | shall include, but not be limited to, a visit
to the residence |
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| 1 | | of the eligible adult who is the subject of the report and
| 2 | | shall include interviews or consultations regarding the | 3 | | allegations with service agencies, immediate family members, | 4 | | and
individuals who may have knowledge of the eligible adult's | 5 | | circumstances based on the consent of the eligible adult in | 6 | | all instances, except where the provider agency is acting in | 7 | | the best interest of an eligible adult who is unable to seek | 8 | | assistance for himself or herself and where there are | 9 | | allegations against a caregiver who has assumed | 10 | | responsibilities in exchange for compensation.
If, after the | 11 | | assessment, the provider agency determines that the case is
| 12 | | substantiated it shall develop a service care plan for the | 13 | | eligible adult and may report its findings at any time during | 14 | | the case to the appropriate law enforcement agency in accord | 15 | | with established law and Department protocols, procedures, and | 16 | | policies.
In developing a case plan, the provider agency may | 17 | | consult with any other
appropriate provider of services, and | 18 | | such providers shall be immune from
civil or criminal | 19 | | liability on account of such acts. The plan shall
include | 20 | | alternative suggested or recommended
services which are | 21 | | appropriate to the needs of the eligible adult and which
| 22 | | involve the least restriction of the eligible adult's | 23 | | activities
commensurate with his or her needs. Only those | 24 | | services to which consent
is
provided in accordance with | 25 | | Section 9 of this Act shall be provided,
contingent upon the | 26 | | availability of such services.
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| 1 | | (b) A provider agency shall refer evidence of crimes | 2 | | against an eligible
adult to the appropriate law enforcement | 3 | | agency according to Department
policies. A referral to law | 4 | | enforcement may be made at intake , at or any time
during the | 5 | | case , or after a report of a suspicious death, depending upon | 6 | | the circumstances . Where a provider agency has reason to | 7 | | believe the death of an
eligible adult may be the result of | 8 | | abuse, abandonment, or neglect, the agency shall
immediately | 9 | | report the matter to the coroner or medical examiner and shall
| 10 | | cooperate fully with any subsequent investigation. | 11 | | (c) If any person other than the alleged victim refuses to | 12 | | allow the provider agency to begin
an investigation, | 13 | | interferes with the provider agency's ability to
conduct an | 14 | | investigation, or refuses to give access to an eligible
adult, | 15 | | the appropriate law enforcement agency must be consulted | 16 | | regarding the investigation.
| 17 | | (Source: P.A. 101-496, eff. 1-1-20; 102-244, eff. 1-1-22 .)
| 18 | | (320 ILCS 20/8) (from Ch. 23, par. 6608)
| 19 | | Sec. 8. Access to records. All records concerning reports | 20 | | of abuse,
abandonment, neglect, financial exploitation, or | 21 | | self-neglect or reports of suspicious deaths due to abuse, | 22 | | neglect, or financial exploitation and all records generated | 23 | | as a result of
such reports shall be confidential and shall not | 24 | | be disclosed except as
specifically authorized by this Act or | 25 | | other applicable law. In accord with established law and |
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| 1 | | Department protocols, procedures, and policies, access to such
| 2 | | records, but not access to the identity of the person or | 3 | | persons making a
report of alleged abuse, abandonment, | 4 | | neglect,
financial exploitation, or self-neglect as contained | 5 | | in
such records, shall be provided, upon request, to the | 6 | | following persons and for the following
persons:
| 7 | | (1) Department staff, provider agency staff, other | 8 | | aging network staff, and
regional administrative agency | 9 | | staff, including staff of the Chicago Department on Aging | 10 | | while that agency is designated as a regional | 11 | | administrative agency, in the furtherance of their
| 12 | | responsibilities under this Act;
| 13 | | (1.5) A representative of the public guardian acting | 14 | | in the course of investigating the appropriateness of | 15 | | guardianship for the eligible adult or while pursuing a | 16 | | petition for guardianship of the eligible adult pursuant | 17 | | to the Probate Act of 1975; | 18 | | (2) A law enforcement agency or State's Attorney's | 19 | | office investigating known or suspected
abuse, | 20 | | abandonment, neglect, financial exploitation, or | 21 | | self-neglect. Where a provider
agency has reason to | 22 | | believe that the
death of an eligible adult may be the | 23 | | result of abuse, abandonment, or neglect, including any | 24 | | reports made after death, the agency
shall immediately | 25 | | provide the appropriate law enforcement agency with all
| 26 | | records pertaining to the eligible adult;
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| 1 | | (2.5) A law enforcement agency, fire department | 2 | | agency, or fire protection district having proper | 3 | | jurisdiction pursuant to a written agreement between a | 4 | | provider agency and the law enforcement agency, fire | 5 | | department agency, or fire protection district under which | 6 | | the provider agency may furnish to the law enforcement | 7 | | agency, fire department agency, or fire protection | 8 | | district a list of all eligible adults who may be at | 9 | | imminent risk of abuse, abandonment, neglect, financial | 10 | | exploitation, or self-neglect; | 11 | | (3) A physician who has before him or her or who is | 12 | | involved
in the treatment of an eligible adult whom he or | 13 | | she reasonably suspects
may be abused, abandoned, | 14 | | neglected, financially exploited, or self-neglected or who | 15 | | has been
referred to the Adult Protective Services | 16 | | Program;
| 17 | | (4) An eligible adult reported to be abused,
| 18 | | abandoned, neglected,
financially exploited, or | 19 | | self-neglected, or such adult's authorized guardian or | 20 | | agent, unless such
guardian or agent is the abuser or the | 21 | | alleged abuser; | 22 | | (4.5) An executor or administrator of the estate of an | 23 | | eligible adult who is deceased;
| 24 | | (5) A probate court with jurisdiction over the | 25 | | guardianship of an alleged victim for an in camera | 26 | | inspection In cases regarding abuse, abandonment, neglect, |
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| 1 | | or financial exploitation, a court or a guardian ad litem, | 2 | | upon its or his or
her finding that access to such records | 3 | | may be
necessary for the determination of an issue before | 4 | | the court.
However,
such access shall be limited to an in | 5 | | camera inspection of the records,
unless the court | 6 | | determines that disclosure of the information contained
| 7 | | therein is necessary for the resolution of an issue then | 8 | | pending before it ;
| 9 | | (5.5) A In cases regarding self-neglect, a guardian ad | 10 | | litem , unless such guardian ad litem is the abuser or | 11 | | alleged abuser ;
| 12 | | (6) A grand jury, upon its determination that access | 13 | | to such
records is necessary in the conduct of its | 14 | | official business;
| 15 | | (7) Any person authorized by the Director, in writing, | 16 | | for
audit or bona fide research purposes;
| 17 | | (8) A coroner or medical examiner who has reason to | 18 | | believe
that an eligible adult has died as the result of | 19 | | abuse, abandonment, neglect,
financial exploitation, or | 20 | | self-neglect. The provider agency shall immediately | 21 | | provide the
coroner
or medical examiner with all records | 22 | | pertaining to the eligible adult;
| 23 | | (8.5) A coroner or medical examiner having proper | 24 | | jurisdiction, pursuant to a written agreement between a | 25 | | provider agency and the coroner or medical examiner, under | 26 | | which the provider agency may furnish to the office of the |
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| 1 | | coroner or medical examiner a list of all eligible adults | 2 | | who may be at imminent risk of death as a result of abuse, | 3 | | abandonment, neglect, financial exploitation, or | 4 | | self-neglect; | 5 | | (9) Department of Financial and Professional | 6 | | Regulation staff
and members of the Illinois Medical | 7 | | Disciplinary Board or the Social Work Examining and | 8 | | Disciplinary Board in the course
of investigating alleged | 9 | | violations of the Clinical Social Work and Social Work
| 10 | | Practice Act by provider agency staff or other licensing | 11 | | bodies at the discretion of the Director of the Department | 12 | | on Aging; | 13 | | (9-a) Department of Healthcare and Family Services | 14 | | staff and provider agency staff when that Department is | 15 | | funding services to the eligible adult, including access | 16 | | to the identity of the eligible adult; | 17 | | (9-b) Department of Human Services staff and provider | 18 | | agency staff when that Department is funding services to | 19 | | the eligible adult or is providing reimbursement for | 20 | | services provided by the abuser or alleged abuser, | 21 | | including access to the identity of the eligible adult; | 22 | | (10) Hearing officers in the course of conducting an | 23 | | administrative hearing under this Act; parties to such | 24 | | hearing shall be entitled to discovery as established by | 25 | | rule;
| 26 | | (11) A caregiver who challenges placement on the |
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| 1 | | Registry shall be given the statement of allegations in | 2 | | the abuse report and the substantiation decision in the | 3 | | final investigative report; and | 4 | | (12) The Illinois Guardianship and Advocacy Commission | 5 | | and the agency designated by the Governor under Section 1 | 6 | | of the Protection and Advocacy for Persons with | 7 | | Developmental Disabilities Act shall have access, through | 8 | | the Department, to records, including the findings, | 9 | | pertaining to a completed or closed investigation of a | 10 | | report of suspected abuse, abandonment, neglect, financial | 11 | | exploitation, or self-neglect of an eligible adult. | 12 | | (Source: P.A. 102-244, eff. 1-1-22 .)
| 13 | | Section 99. Effective date. This Act takes effect January | 14 | | 1, 2024.".
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