Full Text of SJR0104 95th General Assembly
SJ0104 95TH GENERAL ASSEMBLY
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| SENATE JOINT RESOLUTION
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| WHEREAS, A substantial and growing percentage of the adult | 3 |
| citizens of Illinois are vulnerable to abuse, neglect, | 4 |
| exploitation or victimization as a result of age, disability, | 5 |
| status, or health condition; and
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| WHEREAS, Children of Illinois are also vulnerable to abuse, | 7 |
| neglect, exploitation or victimization as a result of | 8 |
| disability, status or health condition; and
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| WHEREAS, Under various Illinois laws, responsibility for | 10 |
| addressing abuse, neglect, exploitation and victimization of | 11 |
| various segments of the vulnerable populations, and for | 12 |
| affording them protection, is dispersed among several agencies | 13 |
| including, but not limited to, the Illinois Departments of | 14 |
| Public Health (DPH), Aging (DOA), Human Services (DHS), | 15 |
| Children and Family Services (DCFS) and others; and
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| WHEREAS, These agencies have responsibility for licensure | 17 |
| and regulation and/or for investigating abuse, neglect and/or | 18 |
| exploitation of different population groups in different | 19 |
| settings; and
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| WHEREAS, The settings in which care may be provided to such | 21 |
| vulnerable persons ranges widely and includes, but is not |
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| limited to, hospitals, nursing homes, mental health | 2 |
| facilities, therapeutic day schools, community placements, | 3 |
| supportive housing, non-residential programs, other | 4 |
| institutional settings, domestic living situations, and other | 5 |
| non-institutional settings in the State of Illinois; and
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| WHEREAS, Licensing, protective, investigative and | 7 |
| reporting schemes in Illinois are fragmented, which results in | 8 |
| varying standards of protection, gaps in protection and unequal | 9 |
| coverage for different population groups, and a patchwork of | 10 |
| requirements (and in some cases an absence of requirements) | 11 |
| applicable to various settings in which care for individuals in | 12 |
| these groups might be provided; and | 13 |
| WHEREAS, This fragmentation has resulted in disparity of | 14 |
| treatment and widespread confusion on the part of the persons | 15 |
| being served, victims of abuse and neglect, the general public, | 16 |
| caregivers, providers, medical and other staff, and others who | 17 |
| might regulate, report, investigate or otherwise deal with | 18 |
| abuse, neglect, exploitation or victimization of members of | 19 |
| these groups or provide care for members of these groups; and | 20 |
| WHEREAS, The incidences of disparate treatment, of gaps in | 21 |
| coverage, of inefficient or ineffective reporting schemes, and | 22 |
| of abuse, neglect, exploitation and/or victimization of | 23 |
| members of vulnerable population groups have been noted by |
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| Equip for Equality, the organization designated to implement | 2 |
| the federal Protection and Advocacy system for people with | 3 |
| disabilities in Illinois, and other incidences have also been | 4 |
| noted by the Guardianship and Advocacy Commission, the | 5 |
| Department of Public Health, members of the General Assembly, | 6 |
| and others; and | 7 |
| WHEREAS, Equip for Equality has detailed many of the | 8 |
| disparities and inefficiencies in a public report entitled | 9 |
| "Ensuring the Safety of Children and Adults with Disabilities: | 10 |
| Filling the Gaps in Illinois' System that Investigates | 11 |
| Allegations of Abuse and Neglect" (2008), together with | 12 |
| recommendations for change; and | 13 |
| WHEREAS, Best practices across the nation point toward a | 14 |
| unified state scheme for licensure, protection, investigation, | 15 |
| reporting, and sanctioning abuse, neglect, exploitation and/or | 16 |
| victimization of vulnerable populations; and | 17 |
| WHEREAS, The State of Illinois, as a matter of public | 18 |
| policy, should afford its citizens generally, and in particular | 19 |
| its most vulnerable citizens, the most effective and efficient | 20 |
| means of protection and care; therefore, be it
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| RESOLVED, BY THE SENATE OF THE NINETY-FIFTH GENERAL | 22 |
| ASSEMBLY OF THE STATE OF ILLINOIS, THE HOUSE OF REPRESENTATIVES |
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| CONCURRING HEREIN, that the Work Group on the Care and | 2 |
| Protection of Adults and Children is hereby created, to study | 3 |
| and recommend to the General Assembly how Illinois' systems of | 4 |
| regulating, licensing, investigating and reporting the | 5 |
| treatment and care of such vulnerable adults and children, and | 6 |
| of investigating and reporting and otherwise addressing the | 7 |
| abuse, neglect, exploitation and/or victimization of adults | 8 |
| and children, can be changed to provide a unified, | 9 |
| comprehensive, cohesive, and more effective and efficient | 10 |
| system that affords the maximum protection for the safety and | 11 |
| well-being of vulnerable persons of all ages in all settings of | 12 |
| care and/or support; and be it further
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| RESOLVED, That the Work Group shall consist of 25 members, | 14 |
| which shall include: at least one member (or designee) each | 15 |
| from the Office of the Attorney General, the Departments of | 16 |
| Human Services, Children and Family Services, Aging, State | 17 |
| Police, and Public Health, the Office of the Inspector General | 18 |
| of DHS, and the Guardianship and Advocacy Commission; at least | 19 |
| one member (or designee) from Equip for Equality; and 4 members | 20 |
| appointed by the President of the Senate, the Minority Leader | 21 |
| of the Senate, the Speaker of the House, and the Minority | 22 |
| Leader of the House, with one appointment by each of those | 23 |
| leaders from relevant professional associations representing | 24 |
| care and support givers, disability and health care advocacy | 25 |
| groups, local law enforcement agencies, and the general public; |
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| and be it further | 2 |
| RESOLVED, That members of the Work Group not representing | 3 |
| State agencies or professional associations may be reimbursed | 4 |
| for expenses related to their participation; and be it further | 5 |
| RESOLVED, That the Work Group shall select a chair, and | 6 |
| that the State agencies represented on the Work Group shall | 7 |
| work cooperatively to provide administrative support, meeting | 8 |
| space, research and other necessary assistance for the Work | 9 |
| Group, and that the Department of Public Health shall be the | 10 |
| primary agency responsible for such support; and be it further | 11 |
| RESOLVED, That the Work Group may conduct public hearings | 12 |
| and engage in such other information gathering measures as it | 13 |
| deems necessary or desirable; and be it further | 14 |
| RESOLVED, That the Work Group shall develop and report its | 15 |
| findings and recommendations, including possible funding | 16 |
| sources necessary to implement any recommendations, to the | 17 |
| House of Representatives in a final report which shall be filed | 18 |
| on or before May 31, 2009.
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