State of Illinois
91st General Assembly
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91_SB0818ren

 
SB818 Re-enrolled                              LRB9105680PTmb

 1        AN ACT concerning disabled adults.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section  5.   The   Mental   Health   and   Developmental
 5    Disabilities   Administrative  Act  is  amended  by  changing
 6    Section 66 as follows:

 7        (20 ILCS 1705/66) (from Ch. 91 1/2, par. 100-66)
 8        Sec. 66. Domestic abuse of disabled adults.  Pursuant  to
 9    the  Domestic  Abuse  of  Disabled  Adults  with Disabilities
10    Intervention Act, as appropriated funds become available, the
11    Department shall have the authority to provide  developmental
12    disability   or  mental  health  services  in  state-operated
13    facilities or through Department supported community agencies
14    to eligible adults in substantiated cases of  abuse,  neglect
15    or  exploitation  on  a  priority  basis and to waive current
16    eligibility requirements in  an  emergency  pursuant  to  the
17    Domestic   Abuse   of   Disabled   Adults  with  Disabilities
18    Intervention Act.  This Section shall not be  interpreted  to
19    be  in  conflict  with standards for admission to residential
20    facilities as provided in the Mental Health and Developmental
21    Disabilities Code.
22    (Source: P.A. 89-507, eff. 7-1-97.)

23        Section  10.   The  Domestic  Abuse  of  Disabled  Adults
24    Intervention Act is amended by changing  the  Act  title  and
25    Sections 1, 5, 10, 15, 20, 25, 30, 35, 40, 45, 50, 55, and 60
26    as follows:

27        (20 ILCS 2435/Act title)
28        An   Act   concerning   domestic  abuse  of  adults  with
29    disabilities, and amending a named Act.
 
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 1    (Source: P.A. 87-658.)

 2        (20 ILCS 2435/1) (from Ch. 23, par. 3395-1)
 3        Sec. 1.  Short title.  This  Act  may  be  cited  as  the
 4    Domestic  Abuse  of  Adults with Disabilities Disabled Adults
 5    Intervention Act.
 6    (Source: P.A. 87-658.)

 7        (20 ILCS 2435/5) (from Ch. 23, par. 3395-5)
 8        Sec.  5.   Legislative  declaration  and   intent.    The
 9    Illinois  General Assembly recognizes that many adult persons
10    with disabilities in this State are  in  need  of  protection
11    from domestic abuse, neglect, and exploitation, and that this
12    State has a responsibility to protect those persons while not
13    infringing  on  the  individual's  rights.  Protection should
14    maintain the individual's rights,  and,  at  the  same  time,
15    protect  the  individual  from  domestic  abuse, neglect, and
16    exploitation.  The  General  Assembly  recognizes  that  many
17    services  currently  exist  in  the  State but that access to
18    services is often involved and complicated.  It is the intent
19    of  the  General  Assembly  to  provide  for  the   voluntary
20    reporting  and  assessment  of  alleged  or  suspected  cases
21    detection  and  correction  of  domestic  abuse, neglect, and
22    exploitation of adults with disabilities.    It  is  intended
23    that  the  reporting of cases of domestic abuse, neglect, and
24    exploitation will cause the existing services  in  order  for
25    the  resources of the State to be utilized brought to bear in
26    an effort to  prevent,  reduce,  or  eliminate  such  further
27    domestic abuse, neglect, and exploitation.
28    (Source: P.A. 87-658.)

29        (20 ILCS 2435/10) (from Ch. 23, par. 3395-10)
30        Sec.   10.   Purposes.   This  Act   shall  be  liberally
31    construed and applied to  promote  its  underlying  purposes,
 
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 1    which are to:
 2        (a)  prevent,   reduce,  and  eliminate  domestic  abuse,
 3    neglect, and exploitation of adults with  disabilities  adult
 4    disabled persons;
 5        (a-5)  recognize  abuse,  neglect,  and  exploitation  of
 6    adults  with disabilities as a serious problem which takes on
 7    many forms, including physical abuse, sexual abuse,  neglect,
 8    and exploitation, and to facilitate accessibility of services
 9    and  remedies under the Act in order to provide immediate and
10    effective assistance and protection;
11        (b)  provide for the reporting and assessment  of  permit
12    health  care providers, medical professionals, social service
13    workers, and other citizens to voluntarily report alleged  or
14    suspected domestic abuse, neglect, and exploitation of adults
15    with disabilities adult disabled persons;
16        (c)  refer  abused,  neglected, and exploited adults with
17    disabilities adult disabled persons to appropriate State  and
18    private agencies for emergency services, protective services,
19    and other assistance necessary to prevent further harm; and
20        (c-5)  encourage   and   support   the   efforts  of  law
21    enforcement  officers   to   provide   immediate,   effective
22    assistance  and  protection  for adults with disabilities who
23    are abused, neglected, or exploited;
24        (c-7)  support  the  expansion  of  civil  and   criminal
25    remedies   for  adults  with  disabilities  who  are  abused,
26    neglected, or exploited; and
27        (d)  collect information on  the  incidence  of  domestic
28    abuse,  neglect, and exploitation of adults with disabilities
29    adult  disabled  persons  and  other  data  to  aid  in   the
30    establishment,  and  coordination,  and provision of adequate
31    services to adults with disabilities in a timely, appropriate
32    manner.
33    (Source: P.A. 87-658.)
 
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 1        (20 ILCS 2435/15) (from Ch. 23, par. 3395-15)
 2        Sec. 15.  Definitions.  As used in this Act:
 3        "Abuse" means causing any physical injury, sexual,  abuse
 4    or  mental  injury  to  an adult with disabilities, including
 5    exploitation of  the  adult's  financial  resources  disabled
 6    person  inflicted  by another individual  or entity.  Nothing
 7    in this Act shall be construed to mean  that  an  adult  with
 8    disabilities  disabled person is a victim of abuse or neglect
 9    for the sole reason that he or she is being furnished with or
10    relies upon  treatment  by  spiritual  means  through  prayer
11    alone,  in  accordance  with  the  tenets  and practices of a
12    recognized church or religious denomination. Nothing in  this
13    Act   shall   be   construed  to  mean  that  an  adult  with
14    disabilities is a victim of  abuse  because  of  health  care
15    services  provided  or  not  provided by licensed health care
16    professionals.
17        "Adult with disabilities" means a person aged 18  through
18    59  who  resides  in  a  domestic  living situation and whose
19    physical or mental disability impairs his or her  ability  to
20    seek   or   obtain   protection   from   abuse,  neglect,  or
21    exploitation.
22        "Adult disabled person" means a person aged 18 through 59
23    who is a disabled person.
24        "Comprehensive  rehabilitation"  means   those   services
25    necessary  and  appropriate  for increasing the potential for
26    independent living or gainful employment as applicable.
27        "Department" means the Department of Human Services.
28        "Secretary" means the Secretary of Human Services.
29        "Disabled person" means any person who, by  reason  of  a
30    physical  or  mental  impairment, is or may be expected to be
31    totally or partially incapacitated for independent living  or
32    gainful employment.
33        "Adults  with  Disabilities  Domestic  Abuse  Project" or
34    "project" means that program within the Office  of  Inspector
 
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 1    General  designated  by  the  Department  of  Human  Services
 2    designated  by the Secretary to receive and assess reports of
 3    alleged or suspected domestic abuse, neglect, or exploitation
 4    of adults with disabilities adult disabled persons.
 5        "Domestic living situation" means a residence  where  the
 6    adult  with  disabilities disabled person lives alone or with
 7    his or her family or household  members,  a  care  giver,  or
 8    others  or  at a board and care home or other community-based
 9    unlicensed facility, but is not:
10             (1)  a licensed facility as defined in Section 1-113
11        of the Nursing Home Care Act.
12             (2)  A life care facility as  defined  in  the  Life
13        Care Facilities Act.
14             (3)  A home, institution, or other place operated by
15        the federal government, a federal agency, or the State.
16             (4)  A  hospital,  sanitarium, or other institution,
17        the principal  activity  or  business  of  which  is  the
18        diagnosis,  care,  and treatment of human illness through
19        the maintenance and operation of organized facilities and
20        that is  required  to  be  licensed  under  the  Hospital
21        Licensing Act.
22             (5)  A  community  living facility as defined in the
23        Community Living Facilities Licensing Act.
24             (6)  A community-integrated  living  arrangement  as
25        defined  in  the Community-Integrated Living Arrangements
26        Licensure and Certification Act or community  residential
27        alternative  as  licensed  under  that  Act.  and  not  a
28        facility  operated by the Department of Human Services as
29        successor  to  the  Department  of  Mental   Health   and
30        Developmental Disabilities.
31        "Emergency"  means  a  situation  in  which an adult with
32    disabilities is in disabled person's life  or  safety  is  in
33    imminent danger of death or great bodily harm.
34        "Exploitation" means the illegal, including tortious, use
 
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 1    of  an adult disabled person or of the assets or resources of
 2    an adult  with  disabilities  disabled  person.  Exploitation
 3    includes,  but  is  not  limited  to, the misappropriation of
 4    assets or resources of an adult  with  disabilities  disabled
 5    person   by   undue  influence,  by  breach  of  a  fiduciary
 6    relationship, by fraud, deception, or extortion,  or  by  the
 7    use of the assets or resources in a manner contrary to law.
 8        "Family  or  household  members"  means a person who as a
 9    family member, volunteer, or paid care provider  has  assumed
10    responsibility  for  all or a portion of the care of an adult
11    with disabilities who needs  assistance  with  activities  of
12    daily  living  includes  spouses,  former  spouses,  parents,
13    children,  stepchildren and other persons related by blood or
14    marriage, persons who  share  or  formerly  shared  a  common
15    dwelling  and  persons  who have or allegedly have a child in
16    common.  Family or household members includes any person  who
17    has  the  responsibility  for  an  adult disabled person as a
18    result  of  a  family  relationship  or   who   has   assumed
19    responsibility  for  all or a portion of the care of an adult
20    disabled  person  voluntarily,  or  by  express  or   implied
21    contract, or by court order.
22        "Neglect"  means  the  another  individual's  or entity's
23    failure of  another  individual  to  provide  an  adult  with
24    disabilities  with  or  the willful withholding from an adult
25    with disabilities the necessities of life, including, but not
26    limited to, food, clothing,  shelter,  or  medical  care.  to
27    exercise  that degree of care toward an adult disabled person
28    that  a  reasonable   person   would   exercise   under   the
29    circumstances and includes but is not limited to:
30             (1)  the failure to take reasonable steps to protect
31        an adult disabled  person from acts of abuse;
32             (2)  the    repeated,    careless    imposition   of
33        unreasonable confinement;
34             (3)  the failure to provide food, shelter, clothing,
 
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 1        and personal hygiene to  an  adult  disabled  person  who
 2        requires that assistance;
 3             (4)  the failure to provide medical, rehabilitation,
 4        and  habilitation care for the physical and mental health
 5        needs of an adult disabled person; or
 6             (5)  the failure to protect an adult disabled person
 7        from health and safety hazards.
 8    Nothing in the definition of "neglect" shall be construed  to
 9    impose  a requirement that assistance be provided to an adult
10    with disabilities disabled person over his or  her  objection
11    in  the  absence  of  a  court  order,  nor to create any new
12    affirmative  duty  to   provide   support,   assistance,   or
13    intervention  to  an adult with disabilities. Nothing in this
14    Act  shall  be  construed  to  mean  that   an   adult   with
15    disabilities  is  a  victim of neglect because of health care
16    services provided or not provided  by  licensed  health  care
17    professionals disabled person.
18        "Physical  abuse"  includes sexual abuse and means any of
19    the following:
20             (1)  knowing or  reckless  use  of  physical  force,
21        confinement, or restraint;
22             (2)  knowing,   repeated,   and   unnecessary  sleep
23        deprivation; or
24             (3)  knowing or reckless conduct  which  creates  an
25        immediate risk of physical harm.
26        "Secretary" means the Secretary of Human Services.
27        "Sexual  abuse" means touching, fondling, sexual threats,
28    sexually inappropriate remarks, or any other sexual  activity
29    with   an   adult  with  disabilities  when  the  adult  with
30    disabilities is unable to understand, unwilling  to  consent,
31    threatened,   or   physically  forced  to  engage  in  sexual
32    behavior.
33        "Rehabilitation" or "habilitation" means those vocational
34    or other appropriate services that increase the opportunities
 
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 1    for independent functioning or gainful employment.
 2        "Substantiated case" means a reported case of alleged  or
 3    suspected  domestic  abuse, neglect, or exploitation in which
 4    the Adults with Disabilities Domestic  Abuse  Project  staff,
 5    after  assessment, determines that there is reason to believe
 6    abuse, neglect, or exploitation has occurred.
 7    (Source: P.A. 89-507, eff. 7-1-97.)

 8        (20 ILCS 2435/20) (from Ch. 23, par. 3395-20)
 9        Sec.  20.   Establishment  of  project.   The  Office  of
10    Inspector  General  Department  of   Human   Services   shall
11    establish  an  Adults  with  Disabilities  a  Domestic  Abuse
12    Project  as provided in this Act for adults with disabilities
13    adult disabled persons who have been  abused,  neglected,  or
14    exploited in domestic living situations.
15    (Source: P.A. 89-507, eff. 7-1-97.)

16        (20 ILCS 2435/25) (from Ch. 23, par. 3395-25)
17        Sec.   25.    Reports  of  domestic  abuse,  neglect,  or
18    exploitation of an adult with disabilities.
19        (a)  Any person  who  has  reasonable  cause  to  believe
20    abuse, neglect, or exploitation of an adult with disabilities
21    has  occurred  may  report  this  to  the statewide telephone
22    number established under this Act. Any  person,  institution,
23    or  agency  may  voluntarily  report  a  case  of  alleged or
24    suspected domestic abuse,  neglect,  or  exploitation  of  an
25    adult  disabled  person  to  the Domestic Abuse Project.  Law
26    enforcement officers shall also continue to report  incidents
27    of  alleged  abuse pursuant to the Illinois Domestic Violence
28    Act of 1986.
29        (b)  Any person, institution, or agency making  a  report
30    or  assessment under this Section in good faith, or providing
31    information,  participating  in  an  assessment,  or   taking
32    photographs  or  x-rays,  shall  be  immune from any civil or
 
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 1    criminal  liability  on  account  of  making  the  report  or
 2    assessment, providing information,  or  participating  in  an
 3    assessment,   or   on  account  of  submitting  or  otherwise
 4    disclosing the photographs  or  x-rays  to  the  Adults  with
 5    Disabilities Domestic Abuse Project.
 6        (c)  The  identity of a person making a report of alleged
 7    or suspected domestic abuse, neglect, or  exploitation  under
 8    this  Section  may  be  disclosed  by the Office of Inspector
 9    General Department or other agency provided for only with the
10    person's written consent or by court order.
11        (d)  The privileged quality of communication between  any
12    licensed  health  care  professional  or any other person who
13    reports abuse,  neglect,  or  exploitation  and  his  or  her
14    patient  or  client  shall  not apply to situations involving
15    abused, neglected, or exploited adults with disabilities. Use
16    of a telecommunication device for  the  deaf  constitutes  an
17    oral  report.   Written  reports  may be taken, but cannot be
18    required.
19        (e)  All reports shall, if possible, include the name and
20    address of the adult with disabilities, the name and  address
21    of  the  alleged abuser, if applicable, the nature and extent
22    of  the  suspected  abuse,  neglect,  or  exploitation,   the
23    possible extent of the injury or condition as a result of the
24    abuse,  neglect,  or  exploitation,  any evidence of previous
25    abuse, neglect, or exploitation, the time, date and  location
26    of  the  incident, the name, address of the reporter, and any
27    other information that the reporter believes may be useful in
28    assessing the suspected abuse, neglect, or exploitation.
29        (f)  The Office of Inspector General shall refer evidence
30    of  crimes  against  an  adult  with  disabilities   to   the
31    appropriate  law  enforcement  agency  according to Office of
32    Inspector General policies.  A referral  to  law  enforcement
33    may be made at any time. When the Office of Inspector General
34    has  reason  to  believe  that  the  death  of  an adult with
 
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 1    disabilities  may  be  the  result  of  abuse,  neglect,   or
 2    exploitation,   the   Office   of   Inspector  General  shall
 3    immediately report the  matter  to  the  coroner  or  medical
 4    examiner  and  shall  cooperate  fully  with  any  subsequent
 5    investigation.
 6        (g)  Nothing  in  this  Act  shall preclude a person from
 7    reporting an alleged act of abuse, neglect,  or  exploitation
 8    of an adult with disabilities to a law enforcement agency.
 9        (h)  Nothing  in  this Act shall diminish the duty of law
10    enforcement officers to respond to and investigate  incidents
11    of  alleged  abuse, neglect, and exploitation pursuant to the
12    Illinois Domestic Violence Act of 1986, when applicable.
13    (Source: P.A. 87-658.)

14        (20 ILCS 2435/30) (from Ch. 23, par. 3395-30)
15        Sec. 30.  Statewide telephone number.
16        (a)  There shall be a single, statewide, TTY  accessible,
17    24-hour toll free telephone number established and maintained
18    by  the  Office  of  Inspector  General  Department  that all
19    persons may use  to  report  alleged  or  suspected  domestic
20    abuse, neglect, or exploitation of an adult with disabilities
21    disabled  person  during  normal  business hours and equipped
22    with an  automated  telephone  recording  device  to  receive
23    reports after the close of normal business hours.
24        (b)  The  Office  of  Inspector  General Department shall
25    make every effort to publicize the statewide, TTY accessible,
26    24-hour toll free telephone number and  to  encourage  public
27    understanding of and cooperation in reporting and eliminating
28    domestic  abuse,  neglect,  and  exploitation  of adults with
29    disabilities adult disabled persons.
30        (c)  The  Office  of  Inspector  General  shall   conduct
31    training  at least annually for persons taking reports on the
32    statewide telephone number and persons conducting assessments
33    or making referrals for service plans.
 
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 1    (Source: P.A. 87-658.)

 2        (20 ILCS 2435/35) (from Ch. 23, par. 3395-35)
 3        Sec. 35.  Assessment of reports.
 4        (a)  The Adults with Disabilities Domestic Abuse  Project
 5    shall,  upon  receiving  a  report  of  alleged  or suspected
 6    domestic abuse, neglect,  or  exploitation  obtain  and  upon
 7    receiving  the  consent  of  the  subject  of  the report to,
 8    conduct an  assessment  with  respect  to  the  report.   The
 9    assessment   shall   include,   but  not  be  limited  to,  a
10    face-to-face  interview  with  the  adult  with  disabilities
11    disabled person who is the subject  of  the  report  and  may
12    include   a   visit  to  the  residence  of  the  adult  with
13    disabilities, and interviews or  consultations  with  service
14    agencies  or  individuals who may have knowledge of the adult
15    disabled   person's   circumstances   of   the   adult   with
16    disabilities. A determination  shall  be  made  whether  each
17    report  is substantiated.  If the Office of Inspector General
18    determines that there is clear and substantial risk of  death
19    or  great bodily harm, it shall immediately secure or provide
20    emergency protective  services  for  purposes  of  preventing
21    further abuse, neglect, or exploitation, and for safeguarding
22    the welfare of the person.  Such services must be provided in
23    the least restrictive environment commensurate with the adult
24    with  disabilities'  needs.  If,  after  the  assessment, the
25    Domestic  Abuse   Project   determines   that   a   case   is
26    substantiated,  it  shall develop, with the consent of and in
27    consultation with the adult disabled person, a  service  plan
28    for  the  adult  disabled  person.   The  plan  shall include
29    services and other supports  which  are  appropriate  to  the
30    needs  of  the  adult  disabled  person and which involve the
31    least restriction of the adult disabled  person's  activities
32    commensurate  with  his  needs, such as those provided by the
33    Department's Home Services Program  and  supported  community
 
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 1    agencies.   Every  effort shall be made by the Domestic Abuse
 2    Project to coordinate and cooperate with public  and  private
 3    agencies  to  ensure  the  provision of services necessary to
 4    eliminate further domestic abuse, neglect,  and  exploitation
 5    of  the  adult  disabled  person  who  is  the subject of the
 6    report.
 7        (a-5)  The Adults with Disabilities Abuse  Project  shall
 8    initiate an assessment of all reports of alleged or suspected
 9    abuse  or  neglect within 7 days after receipt of the report,
10    except reports of abuse or neglect  that  indicate  that  the
11    life  or  safety of an adult with disabilities is in imminent
12    danger shall be assessed within 24 hours after receipt of the
13    report. Reports of exploitation shall be assessed  within  30
14    days after the receipt of the report.
15        (b)  (Blank). The Domestic Abuse Project shall conduct an
16    assessment  of  all  reports of alleged or suspected domestic
17    abuse or neglect within 7 days after receipt of  the  report,
18    except  reports  of  abuse  or  neglect that indicate that an
19    adult disabled person's life or safety is in imminent  danger
20    shall  be  assessed  within  24  hours  after  receipt of the
21    report. Reports of exploitation shall be assessed  within  30
22    days after the receipt of the report.
23        (c)  The  Department  shall  effect  written  interagency
24    agreements  with other State departments and any other public
25    and private agencies  to  coordinate  and  cooperate  in  the
26    handling   of  substantiated  cases;  to  accept  and  manage
27    substantiated  cases  on  a  priority  basis;  and  to  waive
28    eligibility requirements  for  the  adult  with  disabilities
29    disabled persons in an emergency.
30        (d)  Every  effort  shall  be  made  by  the  Adults with
31    Disabilities Abuse Project to coordinate and  cooperate  with
32    public  and  private  agencies  to  ensure  the  provision of
33    services necessary to eliminate further abuse,  neglect,  and
34    exploitation  of  the  adult  with  disabilities  who  is the
 
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 1    subject of the report.
 2        The  Office  of  Inspector   General   Department   shall
 3    promulgate  rules  and  regulations  to  ensure the effective
 4    implementation of the Adults with Disabilities Domestic Abuse
 5    Project statewide.
 6        (e)  When the  Adults  with  Disabilities  Abuse  Project
 7    determines  that  a case is substantiated, it shall refer the
 8    case to the appropriate office within the Department of Human
 9    Services to develop, with the consent of and in  consultation
10    with  the  adult  with  disabilities,  a service plan for the
11    adult with disabilities.
12        (f)  The Adults with  Disabilities  Abuse  Project  shall
13    refer  reports  of  alleged  or  suspected abuse, neglect, or
14    exploitation to another State agency when that agency  has  a
15    statutory obligation to investigate such reports.
16        (g)  If  the  Adults  with Disabilities Abuse Project has
17    reason to believe  that  a  crime  has  been  committed,  the
18    incident shall be reported to the appropriate law enforcement
19    agency.
20    (Source: P.A. 89-507, eff. 7-1-97.)

21        (20 ILCS 2435/40) (from Ch. 23, par. 3395-40)
22        Sec.  40.   Assessment  and  Service  plan  periods.  The
23    Department  shall by rule establish the period of time within
24    which an assessment shall begin and within  which  a  service
25    plan  shall be implemented and the duration of the plan.  The
26    rules shall provide for an expedited  response  to  emergency
27    situations.
28    (Source: P.A. 87-658.)

29        (20 ILCS 2435/45) (from Ch. 23, par. 3395-45)
30        Sec. 45.  Consent.
31        (a)  If  the  Adults  with  Disabilities  Domestic  Abuse
32    Project  has received a report of alleged or suspected abuse,
 
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 1    neglect,  or  exploitation  with  regard  to  an  adult  with
 2    disabilities  disabled  person  who  lacks  the  capacity  to
 3    consent to an assessment or  to  services,  the  Adults  with
 4    Disabilities  Domestic  Abuse  Project  may seek, directly or
 5    through another agency, the appointment  of  a  temporary  or
 6    permanent  guardian for assessment, provision of services, or
 7    any other decision-making authority as is appropriate for the
 8    individual as provided in Article XIa of the Probate  Act  of
 9    1975  or other relief as provided under the Illinois Domestic
10    Violence Act of 1986.
11        (a-5)  If the adult with  disabilities  consents  to  the
12    assessment, such assessment shall be conducted.  If the adult
13    with  disabilities  consents  to the services included in the
14    service plan, such services shall be provided.  If the  adult
15    with  disabilities refuses or withdraws his or her consent to
16    the completion of the assessment,  the  assessment  shall  be
17    terminated.    If  the  adult  with  disabilities  refuses or
18    withdraws his or her consent to the  provision  of  services,
19    the services shall not be provided.
20        (b)  A   guardian   of   the  person  of  an  adult  with
21    disabilities disabled person who  is  abused,  neglected,  or
22    exploited   by   another  individual  in  a  domestic  living
23    situation may consent to an assessment or to  services  being
24    provided  pursuant  to  the service plan.  If the guardian is
25    alleged to be the  perpetrator  of  the  abuse,  neglect,  or
26    exploitation,  the  Adults  with  Disabilities Domestic Abuse
27    Project shall seek the appointment of a temporary  substitute
28    guardian  pursuant  to Section 213.3 of the Illinois Domestic
29    Violence Act of 1986 under the provisions of Article  XIa  of
30    the  Probate Act of 1975. If a guardian withdraws his consent
31    or refuses to allow an assessment or services to be  provided
32    to  the adult with disabilities, the Adults with Disabilities
33    Domestic Abuse Project may seek directly or  through  another
34    agency a court order request an order of protection under the
 
SB818 Re-enrolled             -15-             LRB9105680PTmb
 1    Illinois  Domestic  Violence  Act of 1986 seeking appropriate
 2    remedies, and may in addition request removal of the guardian
 3    and appointment of a successor guardian pursuant  to  Article
 4    XIa of the Probate Act of 1975.
 5        (c)  For  the  purposes  of this Section only, "lacks the
 6    capacity  to  consent"  shall  mean  that  the   adult   with
 7    disabilities  disabled person reasonably appears to be unable
 8    by reason of physical or  mental  condition  to  receive  and
 9    evaluate  information  related to the assessment or services,
10    or to communicate decisions  related  to  the  assessment  or
11    services in the manner in which the person communicates.
12    (Source: P.A. 90-655, eff. 7-30-98.)

13        (20 ILCS 2435/50) (from Ch. 23, par. 3395-50)
14        Sec.  50.   Access of an adult with disabilities disabled
15    persons.
16        (a)  No person shall obstruct or impede the access of  an
17    adult  with  disabilities  disabled person to the Adults with
18    Disabilities Domestic Abuse Project nor  obstruct  or  impede
19    the assessment of domestic abuse, neglect, or exploitation of
20    an  adult  with  disabilities  disabled  person  if the adult
21    consents to the assessment.  If a person does so obstruct  or
22    impede  the  access  of  an  adult with disabilities disabled
23    person  or  assessment  of  domestic   abuse,   neglect,   or
24    exploitation  of  the  adult,  local law enforcement agencies
25    shall take all appropriate action to assist the party seeking
26    access in petitioning for a warrant or an ex parte injunctive
27    order.  The warrant or order may  issue  upon  a  showing  of
28    probable  cause  to  believe that the adult with disabilities
29    disabled person is the subject of domestic abuse, neglect, or
30    exploitation that constitutes a criminal offense or that  any
31    other   criminal   offense  is  occurring  that  affects  the
32    interests or welfare of the  adult  disabled  person.   When,
33    from  the personal observations of a law enforcement officer,
 
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 1    it appears probable that delay of entry in order to obtain  a
 2    warrant  or  order  would  cause  the adult with disabilities
 3    disabled person to be in imminent danger of  death  or  great
 4    bodily harm, entry may be made by the law enforcement officer
 5    after an announcement of the officer's authority and purpose.
 6        (b)  Pursuant  to  applicable  State  and federal law and
 7    regulation,  the  reporting,  assessment,  and  provision  of
 8    services  shall  be   fully   accessible   to   adults   with
 9    disabilities.
10    (Source: P.A. 87-658.)

11        (20 ILCS 2435/55) (from Ch. 23, par. 3395-55)
12        Sec.  55.   Access  to  records.   All records concerning
13    reports of domestic abuse, neglect,  or  exploitation  of  an
14    adult  with  disabilities  disabled  persons  and all records
15    generated as a result of the reports  shall  be  confidential
16    and  shall not be disclosed except as specifically authorized
17    by this Act or other applicable law.  Access to the  records,
18    but  not  access  to  the  identity  of the person or persons
19    making a  report  of  alleged  domestic  abuse,  neglect,  or
20    exploitation as contained in the records, shall be allowed to
21    the following persons and for the following purposes:
22        (a)  Adults  with  Disabilities  Domestic  Abuse  Project
23    staff in the furtherance of their responsibilities under this
24    Act;
25        (b)  A  law  enforcement  agency investigating alleged or
26    suspected domestic abuse,  neglect,  or  exploitation  of  an
27    adult with disabilities disabled persons;
28        (c)  An  adult with disabilities disabled person reported
29    to be abused, neglected, or exploited, or the adult  disabled
30    person's  guardian  of  an adult with disabilities unless the
31    guardian is the alleged perpetrator of the abuse, neglect, or
32    exploitation;
33        (d)  A court, upon its finding that access to the records
 
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 1    may be necessary for the determination of an issue before the
 2    court.  However, the access shall be limited to an in  camera
 3    inspection  of  the records, unless the court determines that
 4    disclosure of the information contained therein is  necessary
 5    for the resolution of an issue then pending before it;
 6        (e)  A  grand jury, upon its determination that access to
 7    the records is necessary  to  the  conduct  of  its  official
 8    business;
 9        (f)  Any  person authorized by the Secretary, in writing,
10    for audit or bona fide research purposes;
11        (g)  A coroner or medical  examiner  who  has  reason  to
12    believe  that  abuse or neglect contributed to or resulted in
13    the death of an adult with  disabilities  an  adult  disabled
14    person has died as the result of domestic abuse or neglect;
15        (h)  The agency designated pursuant to the Protection and
16    Advocacy  for  Developmentally  Disabled  Persons Act and the
17    Protection and Advocacy for Mentally Ill Persons Act.
18    (Source: P.A. 89-507, eff. 7-1-97.)

19        (20 ILCS 2435/60) (from Ch. 23, par. 3395-60)
20        Sec.  60.   Annual  reports.   The  Office  of  Inspector
21    General Department shall  file  with  the  Governor  and  the
22    General Assembly, within 90 days after the end of each fiscal
23    year,  a report concerning its implementation of the Domestic
24    Abuse Project during each  fiscal  year,  together  with  any
25    recommendations  for future implementation. The annual report
26    shall include data on numbers of reports received, numbers of
27    reports  substantiated,  and   unsubstantiated,   number   of
28    referrals  to  law  enforcement and other referral resources,
29    numbers of  assessments  and  service  plans  completed,  and
30    protective  services provided.  The report shall also include
31    information on  public  education  efforts  engaged  in,  and
32    training  provided to persons or agencies who are responsible
33    for the Act's implementation.
 
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 1    (Source: P.A. 87-658.)

 2        (20 ILCS 2435/65 rep.)
 3        Section  15.   The  Domestic  Abuse  of  Disabled  Adults
 4    Intervention Act is amended by repealing Section 65.

 5        Section 99.  Effective date.  This Act  takes  effect  on
 6    July 1, 2000.

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