Full Text of HB6201 97th General Assembly
HB6201 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 HB6201 Introduced , by Rep. Dwight Kay SYNOPSIS AS INTRODUCED: |
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Amends the Abuse of Adults with Disabilities Intervention Act. Provides that upon the death of an adult with disabilities, where a complaint or report of alleged abuse, neglect, or exploitation was made prior to the person's death pursuant to the Act, regardless of whether the complaint or report was substantiated or unsubstantiated, and regardless of whether consent was given for an assessment, the Office of Inspector General designated by the Department of Human Services shall immediately report the matter to the appropriate law enforcement agency and coroner or medical examiner. Provides that such reports shall be in writing and, at a minimum, shall contain information regarding (1) the prior complaint or report
of alleged abuse, neglect, or exploitation of the deceased
adult with disabilities, the deceased adult with disabilities,
and the reporter, upon the reporter's consent; (2) actions taken or not taken by the Office of Inspector
General or the Department upon receiving the complaint or
report of alleged abuse, neglect, or exploitation; (3) the
personnel from the Department and the Office of Inspector
General who were involved in investigating the compliant or
report of alleged abuse, neglect, or exploitation; and (4) as available and applicable, the case numbers for the Department,
the Office of Inspector General, law enforcement, and the
coroner or medical examiner. Requires the Office of Inspector General to: maintain a copy of the written report; document any subsequent actions; forward the written report, the coroner's report, and the
law enforcement agency's final investigative report to the Attorney
General; and notify the proper law enforcement agency to investigate if a crime has been committed. Contains provisions concerning service plans. Effective immediately.
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| 1 | | AN ACT concerning State government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Abuse of Adults with Disabilities | 5 | | Intervention Act is amended by changing Sections 15, 25, 35, | 6 | | 40, and 45 as follows:
| 7 | | (20 ILCS 2435/15) (from Ch. 23, par. 3395-15)
| 8 | | Sec. 15. Definitions. As used in this Act:
| 9 | | "Abuse" means causing any physical, sexual,
or mental abuse | 10 | | to an
adult with disabilities, including exploitation of the | 11 | | adult's financial
resources. Nothing
in this Act shall be | 12 | | construed to mean that an adult with disabilities is a
victim | 13 | | of abuse or neglect for the sole reason
that
he or she is being
| 14 | | furnished with or relies upon treatment by spiritual means | 15 | | through prayer
alone, in accordance with the tenets and | 16 | | practices of a recognized church
or religious denomination.
| 17 | | Nothing in this Act shall be construed to mean that an adult | 18 | | with
disabilities is a victim of abuse because of health care | 19 | | services provided or
not provided by licensed health care | 20 | | professionals.
| 21 | | "Adult with disabilities" means a person aged 18 through 59 | 22 | | who resides in
a domestic living
situation and whose physical | 23 | | or mental disability impairs his or her ability to
seek or |
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| 1 | | obtain
protection from abuse, neglect, or exploitation.
| 2 | | "Department" means the Department of Human Services.
| 3 | | "Adults with Disabilities Abuse Project" or "project" | 4 | | means
that program within the Office of Inspector General | 5 | | designated by the
Department of Human Services to receive and | 6 | | assess reports of alleged or
suspected abuse, neglect, or | 7 | | exploitation of adults with
disabilities.
| 8 | | "Domestic living situation" means a residence where the | 9 | | adult with
disabilities lives alone or with his or her family | 10 | | or household members, a care
giver, or others or
at a board and | 11 | | care home or other community-based unlicensed facility, but is
| 12 | | not:
| 13 | | (1) A licensed facility as defined in Section 1-113 of | 14 | | the Nursing Home
Care Act or Section 1-113 of the ID/DD | 15 | | Community Care Act or Section 1-113 of the Specialized | 16 | | Mental Health Rehabilitation Act.
| 17 | | (2) A life care facility as defined in the Life Care | 18 | | Facilities Act.
| 19 | | (3) A home, institution, or other place operated by the | 20 | | federal
government, a federal agency, or the State.
| 21 | | (4) A hospital, sanitarium, or other institution, the | 22 | | principal activity
or business of which is the diagnosis, | 23 | | care, and treatment of human illness
through the | 24 | | maintenance and operation of organized facilities and that | 25 | | is
required to be licensed under the Hospital Licensing | 26 | | Act.
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| 1 | | (5) A community living facility as defined in the | 2 | | Community Living
Facilities Licensing Act.
| 3 | | (6) A community-integrated living arrangement as | 4 | | defined in the
Community-Integrated Living Arrangements | 5 | | Licensure and Certification Act or
community residential | 6 | | alternative as licensed under that Act.
| 7 | | "Emergency" means a situation in which an adult with | 8 | | disabilities is in danger of death or great bodily harm.
| 9 | | "Family or household members" means a person who as a | 10 | | family member,
volunteer, or paid care provider has assumed | 11 | | responsibility for all or a
portion of the care of an adult | 12 | | with disabilities who needs assistance with
activities of daily | 13 | | living.
| 14 | | "Financial exploitation" means the illegal, including | 15 | | tortious, use of the assets or resources of an adult with
| 16 | | disabilities.
Exploitation includes, but is not limited to, the | 17 | | misappropriation of
assets or resources of an adult with | 18 | | disabilities by
undue influence, by
breach of a fiduciary | 19 | | relationship, by fraud, deception, or extortion, or
by the use | 20 | | of the assets or resources in a manner contrary to law. | 21 | | "Mental abuse" means the infliction of emotional or mental | 22 | | distress by a caregiver, a family member, or any person with | 23 | | ongoing access to a person with disabilities by threat of harm, | 24 | | humiliation, or other verbal or nonverbal conduct. | 25 | | "Neglect" means the failure of
another individual to | 26 | | provide an adult with disabilities with or the willful
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| 1 | | withholding from an adult with disabilities the necessities of | 2 | | life, including,
but not limited to, food, clothing, shelter, | 3 | | or medical care.
| 4 | | Nothing in the definition of "neglect" shall be construed to | 5 | | impose a
requirement that assistance be provided to an adult | 6 | | with disabilities over
his or her objection in the absence of a | 7 | | court order, nor to create any new
affirmative duty to provide | 8 | | support, assistance, or intervention to an
adult with | 9 | | disabilities. Nothing in this Act shall be construed to mean | 10 | | that
an adult with disabilities is a
victim of neglect because | 11 | | of health care services provided or not provided by
licensed
| 12 | | health care professionals.
| 13 | | "Physical abuse" means any of the following acts:
| 14 | | (1) knowing or reckless use of physical force, | 15 | | confinement, or restraint;
| 16 | | (2) knowing, repeated, and unnecessary sleep | 17 | | deprivation;
| 18 | | (3) knowing or reckless conduct which creates an | 19 | | immediate risk of
physical harm; or
| 20 | | (4) when committed by a caregiver, a family member, or | 21 | | any person with ongoing access to a person with | 22 | | disabilities, directing another person to physically abuse | 23 | | a person with disabilities. | 24 | | "Secretary" means the Secretary of Human Services.
| 25 | | "Service plan" means a temporary plan of the actions | 26 | | developed to address the service or support needs of the adult |
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| 1 | | with a disability. | 2 | | "Sexual abuse" means touching, fondling, sexual threats, | 3 | | sexually
inappropriate remarks,
or any other sexual activity | 4 | | with an adult with disabilities when the adult
with | 5 | | disabilities
is unable to understand, unwilling to consent, | 6 | | threatened, or physically forced
to engage
in sexual behavior. | 7 | | Sexual abuse includes acts of sexual exploitation including, | 8 | | but not limited to, facilitating or compelling an adult with | 9 | | disabilities to become a prostitute, or receiving anything of | 10 | | value from an adult with disabilities knowing it was obtained | 11 | | in whole or in part from the practice of prostitution.
| 12 | | "Substantiated case" means a reported case of alleged or | 13 | | suspected abuse,
neglect, or exploitation in which the Adults | 14 | | with
Disabilities Abuse
Project staff, after assessment, | 15 | | determines that there is reason to believe
abuse, neglect, or | 16 | | exploitation has occurred.
| 17 | | (Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11; 97-227, | 18 | | eff. 1-1-12; 97-354, eff. 8-12-11; revised 9-7-11.)
| 19 | | (20 ILCS 2435/25) (from Ch. 23, par. 3395-25)
| 20 | | Sec. 25.
Reports of abuse, neglect, or exploitation of an
| 21 | | adult with disabilities.
| 22 | | (a) Any person who has reasonable cause to believe abuse, | 23 | | neglect, or
exploitation
of an adult with
disabilities has | 24 | | occurred may report this to the statewide telephone number
| 25 | | established under
this Act.
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| 1 | | (b) Any person, institution, or agency making a report or
| 2 | | assessment
under this Section in good faith, or providing | 3 | | information, participating in
an assessment, or taking | 4 | | photographs or x-rays, shall be immune from any
civil or | 5 | | criminal liability on account of making the report or | 6 | | assessment,
providing information, or participating in an | 7 | | assessment, or on account of
submitting or otherwise disclosing | 8 | | the photographs or x-rays to the
Adults with Disabilities Abuse | 9 | | Project.
| 10 | | (c) The identity of a person making a report of alleged or
| 11 | | suspected abuse, neglect, or exploitation under this Section | 12 | | may be
disclosed by the Office of Inspector General only with | 13 | | the
person's written consent or by court order.
| 14 | | (d) The
privileged quality of communication between any | 15 | | licensed health care
professional or any other person who | 16 | | reports abuse, neglect, or exploitation
and his or her patient | 17 | | or client shall not apply to situations involving
abused, | 18 | | neglected, or
exploited adults with disabilities.
Use of a | 19 | | telecommunication device for the deaf
constitutes an oral
| 20 | | report. Written reports may be taken, but cannot be required.
| 21 | | (e) All reports shall, if possible, include the name and | 22 | | address of the
adult with
disabilities, the name and address of | 23 | | the alleged abuser, if applicable, the
nature and
extent of the | 24 | | suspected abuse, neglect, or exploitation, the possible extent | 25 | | of
the injury or
condition as a result of the abuse, neglect, | 26 | | or exploitation, any evidence of
previous abuse,
neglect, or |
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| 1 | | exploitation, the time, date and location of the incident, the
| 2 | | name, address of
the reporter, and any other information that | 3 | | the reporter believes may be
useful in
assessing the suspected | 4 | | abuse, neglect, or exploitation.
| 5 | | (f) The Office of Inspector General shall refer evidence of | 6 | | crimes against
an adult
with disabilities to the appropriate | 7 | | law enforcement agency immediately upon finding evidence of a | 8 | | crime according to Office
of
Inspector General policies . A | 9 | | referral to law enforcement may be made at any
time.
Upon the | 10 | | death of an adult with disabilities, where a complaint or | 11 | | report of alleged abuse, neglect, or exploitation was made | 12 | | prior to the person's death pursuant to this Act, regardless of | 13 | | whether the complaint or report was substantiated or | 14 | | unsubstantiated, and regardless of whether consent was given | 15 | | for an assessment, the Office of Inspector General shall | 16 | | immediately report the matter to both the appropriate (i) law | 17 | | enforcement agency and (ii) coroner or medical examiner. | 18 | | Such reports shall be in writing and, at a minimum, shall | 19 | | contain information regarding (1) the prior complaint or report
| 20 | | of alleged abuse, neglect, or exploitation of the deceased
| 21 | | adult with disabilities, the deceased adult with disabilities,
| 22 | | and the reporter, upon the reporter's consent pursuant to this
| 23 | | Act; (2) actions taken or not taken by the Office of Inspector
| 24 | | General or the Department upon receiving the complaint or
| 25 | | report of alleged abuse, neglect, or exploitation; (3) the
| 26 | | personnel from the Department and the Office of Inspector
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| 1 | | General who were involved in investigating the compliant or
| 2 | | report of alleged abuse, neglect, or exploitation; and (4) as | 3 | | available and applicable, the case numbers for the Department,
| 4 | | the Office of Inspector General, law enforcement, and the
| 5 | | coroner or medical examiner. The Office of Inspector General
| 6 | | shall also maintain a copy of the written report and shall
| 7 | | document subsequent action, if any, by the appropriate law
| 8 | | enforcement agency. | 9 | | Upon the completion of the coroner's report and the law
| 10 | | enforcement agency's investigation, the Office of Inspector | 11 | | General
shall forward its written report, the coroner's report, | 12 | | and the
law enforcement agency's final investigative report to | 13 | | the Attorney
General. | 14 | | When the Office of Inspector General has reason to believe | 15 | | that the death of
an adult
with disabilities may be the result | 16 | | of abuse, neglect, or exploitation, the
Office of
Inspector | 17 | | General shall immediately report the matter to the coroner or | 18 | | medical
examiner
and shall cooperate fully with any subsequent | 19 | | investigation.
| 20 | | (g) Nothing in this Act shall preclude a person from | 21 | | reporting an alleged
act of abuse,
neglect, or exploitation of | 22 | | an adult with disabilities to a law enforcement
agency.
| 23 | | (h) Nothing in this Act shall diminish the duty of law | 24 | | enforcement officers
to respond
to and investigate incidents of | 25 | | alleged abuse, neglect, and exploitation
pursuant to the
| 26 | | Illinois Domestic Violence Act of 1986, when applicable.
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| 1 | | (Source: P.A. 91-671, eff. 7-1-00.)
| 2 | | (20 ILCS 2435/35) (from Ch. 23, par. 3395-35)
| 3 | | Sec. 35. Assessment of reports.
| 4 | | (a) The Adults with Disabilities Abuse Project
shall, upon | 5 | | receiving a report of
alleged
or suspected abuse, neglect, or | 6 | | exploitation obtain
the consent of the subject of the report to | 7 | | conduct an assessment with
respect to the report. The | 8 | | assessment shall include, but not be limited
to, a face-to-face | 9 | | interview with the adult with disabilities who is the
subject | 10 | | of the report and shall may include a visit to the residence of | 11 | | the
adult with disabilities, and interviews or consultations | 12 | | with service
agencies or individuals
who may have knowledge of | 13 | | the circumstances of
the adult with disabilities.
A | 14 | | determination shall be
made whether each report is | 15 | | substantiated. The Office of Inspector General must notify the | 16 | | proper law enforcement agency to investigate if a crime has | 17 | | been committed. If the Office of Inspector General
determines
| 18 | | that there is clear and substantial risk of death or great | 19 | | bodily harm, it
shall immediately
secure or provide emergency | 20 | | protective services for purposes of preventing
further abuse,
| 21 | | neglect, or exploitation, and for safeguarding the welfare of | 22 | | the person. Such
services
must be provided in the least | 23 | | restrictive environment commensurate with the
adult with
| 24 | | disabilities' needs.
| 25 | | (a-5) The Adults with Disabilities Abuse Project shall |
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| 1 | | initiate an
assessment
of all reports
of alleged or suspected | 2 | | abuse or neglect within 7 days after receipt of the
report, | 3 | | except
reports of abuse or neglect that indicate that the life | 4 | | or safety of an adult
with disabilities
is in imminent danger | 5 | | shall be assessed within 24 hours after receipt of the
report.
| 6 | | Reports of exploitation shall be assessed within 30 days after | 7 | | the receipt of
the report.
| 8 | | (b) (Blank).
| 9 | | (c) The Department shall effect written interagency | 10 | | agreements
with other
State
departments and any other public | 11 | | and private agencies to coordinate and
cooperate in the | 12 | | handling of substantiated cases; to accept and manage
| 13 | | substantiated cases on a priority basis; and to waive | 14 | | eligibility requirements
for the adult with disabilities in an | 15 | | emergency.
| 16 | | (d) Every effort shall be made by the Adults with | 17 | | Disabilities Abuse
Project
to
coordinate and cooperate with | 18 | | public and private agencies to ensure the
provision of
services | 19 | | necessary to eliminate further abuse, neglect, and | 20 | | exploitation of the
adult with
disabilities who is the subject | 21 | | of the report.
| 22 | | The Office of Inspector General shall
promulgate rules and | 23 | | regulations to ensure the
effective implementation of the | 24 | | Adults with Disabilities Abuse
Project statewide.
| 25 | | (e) When the Adults with Disabilities Abuse Project | 26 | | determines that a case
is
substantiated, it shall refer the |
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| 1 | | case to the appropriate office within the
Department of
Human | 2 | | Services to develop, with the consent of and in consultation | 3 | | with the
adult with
disabilities, a service plan for the adult | 4 | | with disabilities.
| 5 | | (f) The Adults with Disabilities Abuse Project shall refer | 6 | | reports of
alleged or suspected
abuse, neglect, or exploitation | 7 | | to another State agency when that agency has a
statutory
| 8 | | obligation to investigate such reports.
| 9 | | (g) If the Adults with Disabilities Abuse Project has | 10 | | reason to believe that
a crime has
been committed, the incident | 11 | | shall be reported to the appropriate law
enforcement
agency.
| 12 | | (Source: P.A. 91-671, eff. 7-1-00.)
| 13 | | (20 ILCS 2435/40) (from Ch. 23, par. 3395-40)
| 14 | | Sec. 40. Service plan periods . A service plan shall be | 15 | | developed for each adult with disabilities who is in need of | 16 | | services and who accepts the services. When implemented, the | 17 | | service plan shall be in place until the situation causing the | 18 | | abuse, neglect, or exploitation of an adult with disabilities | 19 | | is ameliorated. The Department shall by rule establish the | 20 | | period of time within which a
service plan shall be
implemented | 21 | | and the duration of the plan. The rules shall provide for an
| 22 | | expedited response to
emergency situations.
| 23 | | The Department shall implement a service plan for | 24 | | substantiated cases within 14 calendar days after the report is | 25 | | substantiated. In emergency situations, the Department shall |
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| 1 | | implement the service plan as soon as possible and in no event | 2 | | later than 2 working days after the case is substantiated. All | 3 | | appropriate emergency services shall remain in place until this | 4 | | service plan is implemented. | 5 | | This Section shall not be interpreted to preclude an | 6 | | investigation into the death of a disabled adult who is the | 7 | | subject of a pending complaint or report of alleged abuse,
| 8 | | neglect, or exploitation. | 9 | | (Source: P.A. 91-671, eff. 7-1-00.)
| 10 | | (20 ILCS 2435/45) (from Ch. 23, par. 3395-45)
| 11 | | Sec. 45. Consent.
| 12 | | (a) If the Adults with Disabilities Abuse
Project has | 13 | | received a report of alleged or
suspected abuse, neglect, or | 14 | | exploitation with regard to an adult with
disabilities who | 15 | | lacks the capacity to consent to an assessment or to services,
| 16 | | the Adults with Disabilities Abuse Project may seek, directly
| 17 | | or through another agency,
the appointment of a temporary or | 18 | | permanent guardian for assessment,
provision of services, or | 19 | | any other decision-making authority as is appropriate
for the | 20 | | individual as provided in Article
XIa of the Probate Act of | 21 | | 1975 or other relief as provided under the
Illinois Domestic | 22 | | Violence Act of 1986.
| 23 | | (a-5) If the adult with disabilities consents to the | 24 | | assessment, such
assessment shall be
conducted. If the adult | 25 | | with disabilities consents to the services included in
the |
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| 1 | | service
plan, such services shall be provided. If the adult | 2 | | with disabilities refuses
or withdraws
his or her consent to | 3 | | the completion of the assessment, the assessment shall be
| 4 | | terminated.
If the adult with disabilities refuses or withdraws | 5 | | his or her consent to the
provision of
services, the services | 6 | | shall not be provided. When a complaint or report of alleged
| 7 | | abuse, neglect, or exploitation is made, but consent is not | 8 | | given or withdrawn, and the adult with disabilities | 9 | | subsequently dies, the Office of the Inspector General shall | 10 | | report the matter to the proper authorities pursuant to Section | 11 | | 25 of this Act.
| 12 | | (b) A guardian of the person of an adult with
disabilities | 13 | | who is abused,
neglected, or exploited by another individual in | 14 | | a domestic living
situation may consent to an assessment or to | 15 | | services being provided
pursuant to the service plan. If the | 16 | | guardian is alleged to be the
perpetrator of the abuse, | 17 | | neglect, or exploitation, the Adults with
Disabilities Abuse
| 18 | | Project
shall, when there is an immediate and urgent necessity, | 19 | | seek the appointment of a temporary substitute guardian
| 20 | | pursuant to
Section 213.3 of the Illinois Domestic Violence Act | 21 | | of 1986 under the
provisions of Article XIa of the Probate Act | 22 | | of 1975.
If a guardian withdraws his consent or refuses to | 23 | | allow
an assessment or services to be provided to the adult | 24 | | with disabilities,
the Adults with Disabilities Abuse
Project
| 25 | | may seek directly or through another agency a court order | 26 | | seeking appropriate remedies, and may in addition
request |
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| 1 | | removal of the guardian and appointment of a successor guardian
| 2 | | pursuant to Article XIa of the Probate Act of 1975.
| 3 | | (c) For the purposes of this Section only, "lacks the | 4 | | capacity
to
consent" shall mean that the adult with | 5 | | disabilities
reasonably appears to be
unable by reason of | 6 | | physical or mental condition to receive and evaluate
| 7 | | information related to the assessment or services, or to | 8 | | communicate
decisions related to the assessment or services.
| 9 | | (Source: P.A. 94-418, eff. 8-2-05.)
| 10 | | Section 99. Effective date. This Act takes effect upon | 11 | | becoming law.
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INDEX
| 2 | |
Statutes amended in order of appearance
| | 3 | | 20 ILCS 2435/15 | from Ch. 23, par. 3395-15 | | 4 | | 20 ILCS 2435/25 | from Ch. 23, par. 3395-25 | | 5 | | 20 ILCS 2435/35 | from Ch. 23, par. 3395-35 | | 6 | | 20 ILCS 2435/40 | from Ch. 23, par. 3395-40 | | 7 | | 20 ILCS 2435/45 | from Ch. 23, par. 3395-45 |
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