(320 ILCS 20/5) (from Ch. 23, par. 6605) (Text of Section before amendment by P.A. 103-626) Sec. 5. Procedure.
(a) A provider agency designated to receive reports
of alleged or suspected abuse, abandonment, neglect, financial
exploitation, or self-neglect under
this Act shall, upon
receiving such a report, conduct a face-to-face assessment with respect to
such report, in accord with established law and Department protocols, procedures, and policies. Face-to-face assessments, casework, and follow-up of reports of self-neglect by the provider agencies designated to receive reports of self-neglect shall be subject to sufficient appropriation for statewide implementation of assessments, casework, and follow-up of reports of self-neglect. In the absence of sufficient appropriation for statewide implementation of assessments, casework, and follow-up of reports of self-neglect, the designated adult protective services provider agency shall refer all reports of self-neglect to the appropriate agency or agencies as designated by the Department for any follow-up. The assessment shall include, but not be limited to, a visit
to the residence of the eligible adult who is the subject of the report and
shall include interviews or consultations regarding the allegations with service agencies, immediate family members, and
individuals who may have knowledge of the eligible adult's circumstances based on the consent of the eligible adult in all instances, except where the provider agency is acting in the best interest of an eligible adult who is unable to seek assistance for himself or herself and where there are allegations against a caregiver who has assumed responsibilities in exchange for compensation.
If, after the assessment, the provider agency determines that the case is
substantiated it shall develop a service care plan for the eligible adult and may report its findings at any time during the case to the appropriate law enforcement agency in accord with established law and Department protocols, procedures, and policies.
In developing a case plan, the provider agency may consult with any other
appropriate provider of services, and such providers shall be immune from
civil or criminal liability on account of such acts. The plan shall
include alternative suggested or recommended
services which are appropriate to the needs of the eligible adult and which
involve the least restriction of the eligible adult's activities
commensurate with his or her needs. Only those services to which consent
is
provided in accordance with Section 9 of this Act shall be provided,
contingent upon the availability of such services.
(b) A provider agency shall refer evidence of crimes against an eligible
adult to the appropriate law enforcement agency according to Department
policies. A referral to law enforcement may be made at intake, at any time
during the case, or after a report of a suspicious death, depending upon the circumstances. Where a provider agency has reason to believe the death of an
eligible adult may be the result of abuse, abandonment, or neglect, the agency shall
immediately report the matter to the coroner or medical examiner and shall
cooperate fully with any subsequent investigation. (c) If any person other than the alleged victim refuses to allow the provider agency to begin
an investigation, interferes with the provider agency's ability to
conduct an investigation, or refuses to give access to an eligible
adult, the appropriate law enforcement agency must be consulted regarding the investigation.
(Source: P.A. 102-244, eff. 1-1-22; 103-329, eff. 1-1-24.)
(Text of Section after amendment by P.A. 103-626) Sec. 5. Procedure. (a) A provider agency, upon receiving a report of alleged or suspected abuse, abandonment, neglect, or financial exploitation, shall conduct a face-to-face assessment with respect to such report, in accordance with established law and Department protocols, procedures, and policies. A provider agency that receives a report of self-neglect shall follow the procedures set forth in Section 5.1. (b) The assessment shall include, but not be limited to, a visit to the residence of the eligible adult who is the subject of the report and shall include interviews or consultations regarding the allegations with service agencies, immediate family members, and individuals who may have knowledge of the eligible adult's circumstances based on the consent of the eligible adult in all instances, except where the provider agency is acting in the best interest of an eligible adult who is unable to seek assistance for himself or herself and where there are allegations against a caregiver who has assumed responsibilities in exchange for compensation. If, after the assessment, the provider agency determines that the case is substantiated it shall develop a service care plan for the eligible adult and may report its findings at any time during the case to the appropriate law enforcement agency in accord with established law and Department protocols, procedures, and policies. In developing a case plan, the provider agency may consult with any other appropriate provider of services, and such providers shall be immune from civil or criminal liability on account of such acts, except for intentional, willful, or wanton conduct. The plan shall include alternative suggested or recommended services which are appropriate to the needs of the eligible adult and which involve the least restriction of the eligible adult's activities commensurate with his or her needs. Only those services to which consent is provided in accordance with Section 9 of this Act shall be provided, contingent upon the availability of such services. (c) A provider agency shall refer evidence of crimes against an eligible adult to the appropriate law enforcement agency according to Department policies. A referral to law enforcement may be made at intake, at any time during the case, or after a report of a suspicious death, depending upon the circumstances. Where a provider agency has reason to believe the death of an eligible adult may be the result of abuse, abandonment, or neglect, the agency shall immediately report the matter to the coroner or medical examiner and shall cooperate fully with any subsequent investigation. (d) If any person other than the alleged victim refuses to allow the provider agency to begin an investigation, interferes with the provider agency's ability to conduct an investigation, or refuses to give access to an eligible adult, the appropriate law enforcement agency must be consulted regarding the investigation.(Source: P.A. 102-244, eff. 1-1-22; 103-329, eff. 1-1-24; 103-626, eff. 1-1-25.) |