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91_SB0818sam002
LRB9105680PTpkam06
1 AMENDMENT TO SENATE BILL 818
2 AMENDMENT NO. . Amend Senate Bill 818, AS AMENDED,
3 by replacing everything after the enacting clause with the
4 following:
5 "Section 5. The Mental Health and Developmental
6 Disabilities Administrative Act is amended by changing
7 Section 66 as follows:
8 (20 ILCS 1705/66) (from Ch. 91 1/2, par. 100-66)
9 Sec. 66. Domestic abuse of disabled adults. Pursuant to
10 the Domestic Abuse of Disabled Adults with Disabilities
11 Intervention Act, as appropriated funds become available, the
12 Department shall have the authority to provide developmental
13 disability or mental health services in state-operated
14 facilities or through Department supported community agencies
15 to eligible adults in substantiated cases of abuse, neglect
16 or exploitation on a priority basis and to waive current
17 eligibility requirements in an emergency pursuant to the
18 Domestic Abuse of Disabled Adults with Disabilities
19 Intervention Act. This Section shall not be interpreted to
20 be in conflict with standards for admission to residential
21 facilities as provided in the Mental Health and Developmental
22 Disabilities Code.
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1 (Source: P.A. 89-507, eff. 7-1-97.)
2 Section 10. The Domestic Abuse of Disabled Adults
3 Intervention Act is amended by changing the Act title and
4 Sections 1, 5, 10, 15, 20, 25, 30, 35, 40, 45, 50, 55, and 60
5 as follows:
6 (20 ILCS 2435/Act title)
7 An Act concerning domestic abuse of adults with
8 disabilities, and amending a named Act.
9 (Source: P.A. 87-658.)
10 (20 ILCS 2435/1) (from Ch. 23, par. 3395-1)
11 Sec. 1. Short title. This Act may be cited as the
12 Domestic Abuse of Adults with Disabilities Disabled Adults
13 Intervention Act.
14 (Source: P.A. 87-658.)
15 (20 ILCS 2435/5) (from Ch. 23, par. 3395-5)
16 Sec. 5. Legislative declaration and intent. The
17 Illinois General Assembly recognizes that many adult persons
18 with disabilities in this State are in need of protection
19 from domestic abuse, neglect, and exploitation, and that this
20 State has a responsibility to protect those persons while not
21 infringing on the individual's rights. Protection should
22 maintain the individual's rights, and, at the same time,
23 protect the individual from domestic abuse, neglect, and
24 exploitation. The General Assembly recognizes that many
25 services currently exist in the State but that access to
26 services is often involved and complicated. It is the intent
27 of the General Assembly to provide for the voluntary
28 reporting and assessment of alleged or suspected cases
29 detection and correction of domestic abuse, neglect, and
30 exploitation of adults with disabilities. It is intended
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1 that the reporting of cases of domestic abuse, neglect, and
2 exploitation will cause the existing services in order for
3 the resources of the State to be utilized brought to bear in
4 an effort to prevent, reduce, or eliminate such further
5 domestic abuse, neglect, and exploitation.
6 (Source: P.A. 87-658.)
7 (20 ILCS 2435/10) (from Ch. 23, par. 3395-10)
8 Sec. 10. Purposes. This Act shall be liberally
9 construed and applied to promote its underlying purposes,
10 which are to:
11 (a) prevent, reduce, and eliminate domestic abuse,
12 neglect, and exploitation of adults with disabilities adult
13 disabled persons;
14 (a-5) recognize abuse, neglect, and exploitation of
15 adults with disabilities as a serious problem which takes on
16 many forms, including physical abuse, sexual abuse, neglect,
17 and exploitation, and to facilitate accessibility of services
18 and remedies under the Act in order to provide immediate and
19 effective assistance and protection;
20 (b) provide for the reporting and assessment of permit
21 health care providers, medical professionals, social service
22 workers, and other citizens to voluntarily report alleged or
23 suspected domestic abuse, neglect, and exploitation of adults
24 with disabilities adult disabled persons;
25 (c) refer abused, neglected, and exploited adults with
26 disabilities adult disabled persons to appropriate State and
27 private agencies for emergency services, protective services,
28 and other assistance necessary to prevent further harm; and
29 (c-5) encourage and support the efforts of law
30 enforcement officers to provide immediate, effective
31 assistance and protection for adults with disabilities who
32 are abused, neglected, or exploited;
33 (c-7) support the expansion of civil and criminal
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1 remedies for adults with disabilities who are abused,
2 neglected, or exploited; and
3 (d) collect information on the incidence of domestic
4 abuse, neglect, and exploitation of adults with disabilities
5 adult disabled persons and other data to aid in the
6 establishment, and coordination, and provision of adequate
7 services to adults with disabilities in a timely, appropriate
8 manner.
9 (Source: P.A. 87-658.)
10 (20 ILCS 2435/15) (from Ch. 23, par. 3395-15)
11 Sec. 15. Definitions. As used in this Act:
12 "Abuse" means causing any physical injury, sexual, abuse
13 or mental injury to an adult with disabilities, including
14 exploitation of the adult's financial resources disabled
15 person inflicted by another individual or entity. Nothing
16 in this Act shall be construed to mean that an adult with
17 disabilities disabled person is a victim of abuse or neglect
18 for the sole reason that he or she is being furnished with or
19 relies upon treatment by spiritual means through prayer
20 alone, in accordance with the tenets and practices of a
21 recognized church or religious denomination. Nothing in this
22 Act shall be construed to mean that an adult with
23 disabilities is a victim of abuse because of health care
24 services provided or not provided by licensed health care
25 professionals.
26 "Adult with disabilities" means a person aged 18 through
27 59 who resides in a domestic living situation and whose
28 physical or mental disability impairs his or her ability to
29 seek or obtain protection from abuse, neglect, or
30 exploitation.
31 "Adult disabled person" means a person aged 18 through 59
32 who is a disabled person.
33 "Comprehensive rehabilitation" means those services
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1 necessary and appropriate for increasing the potential for
2 independent living or gainful employment as applicable.
3 "Department" means the Department of Human Services.
4 "Secretary" means the Secretary of Human Services.
5 "Disabled person" means any person who, by reason of a
6 physical or mental impairment, is or may be expected to be
7 totally or partially incapacitated for independent living or
8 gainful employment.
9 "Adults with Disabilities Domestic Abuse Project" or
10 "project" means that program within the Office of Inspector
11 General designated by the Department of Human Services
12 designated by the Secretary to receive and assess reports of
13 alleged or suspected domestic abuse, neglect, or exploitation
14 of adults with disabilities adult disabled persons.
15 "Domestic living situation" means a residence where the
16 adult with disabilities disabled person lives alone or with
17 his or her family or household members, a care giver, or
18 others or at a board and care home or other community-based
19 unlicensed facility, but is not:
20 (1) a licensed facility as defined in Section 1-113
21 of the Nursing Home Care Act.
22 (2) A life care facility as defined in the Life
23 Care Facilities Act.
24 (3) A home, institution, or other place operated by
25 the federal government, a federal agency, or the State.
26 (4) A hospital, sanitarium, or other institution,
27 the principal activity or business of which is the
28 diagnosis, care, and treatment of human illness through
29 the maintenance and operation of organized facilities and
30 that is required to be licensed under the Hospital
31 Licensing Act.
32 (5) A community living facility as defined in the
33 Community Living Facilities Licensing Act.
34 (6) A community-integrated living arrangement as
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1 defined in the Community-Integrated Living Arrangements
2 Licensure and Certification Act or community residential
3 alternative as licensed under that Act. and not a
4 facility operated by the Department of Human Services as
5 successor to the Department of Mental Health and
6 Developmental Disabilities.
7 "Emergency" means a situation in which an adult with
8 disabilities is in disabled person's life or safety is in
9 imminent danger of death or great bodily harm.
10 "Exploitation" means the illegal, including tortious, use
11 of an adult disabled person or of the assets or resources of
12 an adult with disabilities disabled person. Exploitation
13 includes, but is not limited to, the misappropriation of
14 assets or resources of an adult with disabilities disabled
15 person by undue influence, by breach of a fiduciary
16 relationship, by fraud, deception, or extortion, or by the
17 use of the assets or resources in a manner contrary to law.
18 "Family or household members" means a person who as a
19 family member, volunteer, or paid care provider has assumed
20 responsibility for all or a portion of the care of an adult
21 with disabilities who needs assistance with activities of
22 daily living includes spouses, former spouses, parents,
23 children, stepchildren and other persons related by blood or
24 marriage, persons who share or formerly shared a common
25 dwelling and persons who have or allegedly have a child in
26 common. Family or household members includes any person who
27 has the responsibility for an adult disabled person as a
28 result of a family relationship or who has assumed
29 responsibility for all or a portion of the care of an adult
30 disabled person voluntarily, or by express or implied
31 contract, or by court order.
32 "Neglect" means the another individual's or entity's
33 failure of another individual to provide an adult with
34 disabilities with or the willful withholding from an adult
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1 with disabilities the necessities of life, including, but not
2 limited to, food, clothing, shelter, or medical care. to
3 exercise that degree of care toward an adult disabled person
4 that a reasonable person would exercise under the
5 circumstances and includes but is not limited to:
6 (1) the failure to take reasonable steps to protect
7 an adult disabled person from acts of abuse;
8 (2) the repeated, careless imposition of
9 unreasonable confinement;
10 (3) the failure to provide food, shelter, clothing,
11 and personal hygiene to an adult disabled person who
12 requires that assistance;
13 (4) the failure to provide medical, rehabilitation,
14 and habilitation care for the physical and mental health
15 needs of an adult disabled person; or
16 (5) the failure to protect an adult disabled person
17 from health and safety hazards.
18 Nothing in the definition of "neglect" shall be construed to
19 impose a requirement that assistance be provided to an adult
20 with disabilities disabled person over his or her objection
21 in the absence of a court order, nor to create any new
22 affirmative duty to provide support, assistance, or
23 intervention to an adult with disabilities. Nothing in this
24 Act shall be construed to mean that an adult with
25 disabilities is a victim of neglect because of health care
26 services provided or not provided by licensed health care
27 professionals disabled person.
28 "Physical abuse" includes sexual abuse and means any of
29 the following:
30 (1) knowing or reckless use of physical force,
31 confinement, or restraint;
32 (2) knowing, repeated, and unnecessary sleep
33 deprivation; or
34 (3) knowing or reckless conduct which creates an
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1 immediate risk of physical harm.
2 "Secretary" means the Secretary of Human Services.
3 "Sexual abuse" means touching, fondling, sexual threats,
4 sexually inappropriate remarks, or any other sexual activity
5 with an adult with disabilities when the adult with
6 disabilities is unable to understand, unwilling to consent,
7 threatened, or physically forced to engage in sexual
8 behavior.
9 "Rehabilitation" or "habilitation" means those vocational
10 or other appropriate services that increase the opportunities
11 for independent functioning or gainful employment.
12 "Substantiated case" means a reported case of alleged or
13 suspected domestic abuse, neglect, or exploitation in which
14 the Adults with Disabilities Domestic Abuse Project staff,
15 after assessment, determines that there is reason to believe
16 abuse, neglect, or exploitation has occurred.
17 (Source: P.A. 89-507, eff. 7-1-97.)
18 (20 ILCS 2435/20) (from Ch. 23, par. 3395-20)
19 Sec. 20. Establishment of project. The Office of
20 Inspector General Department of Human Services shall
21 establish an Adults with Disabilities a Domestic Abuse
22 Project as provided in this Act for adults with disabilities
23 adult disabled persons who have been abused, neglected, or
24 exploited in domestic living situations.
25 (Source: P.A. 89-507, eff. 7-1-97.)
26 (20 ILCS 2435/25) (from Ch. 23, par. 3395-25)
27 Sec. 25. Reports of domestic abuse, neglect, or
28 exploitation of an adult with disabilities.
29 (a) Any person who has reasonable cause to believe
30 abuse, neglect, or exploitation of an adult with disabilities
31 has occurred may report this to the statewide telephone
32 number established under this Act. Any person, institution,
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1 or agency may voluntarily report a case of alleged or
2 suspected domestic abuse, neglect, or exploitation of an
3 adult disabled person to the Domestic Abuse Project. Law
4 enforcement officers shall also continue to report incidents
5 of alleged abuse pursuant to the Illinois Domestic Violence
6 Act of 1986.
7 (b) Any person, institution, or agency making a report
8 or assessment under this Section in good faith, or providing
9 information, participating in an assessment, or taking
10 photographs or x-rays, shall be immune from any civil or
11 criminal liability on account of making the report or
12 assessment, providing information, or participating in an
13 assessment, or on account of submitting or otherwise
14 disclosing the photographs or x-rays to the Adults with
15 Disabilities Domestic Abuse Project.
16 (c) The identity of a person making a report of alleged
17 or suspected domestic abuse, neglect, or exploitation under
18 this Section may be disclosed by the Office of Inspector
19 General Department or other agency provided for only with the
20 person's written consent or by court order.
21 (d) The privileged quality of communication between any
22 licensed health care professional or any other person who
23 reports abuse, neglect, or exploitation and his or her
24 patient or client shall not apply to situations involving
25 abused, neglected, or exploited adults with disabilities. Use
26 of a telecommunication device for the deaf constitutes an
27 oral report. Written reports may be taken, but cannot be
28 required.
29 (1) Any reporter who makes a report or any person
30 conducting an assessment under this Act shall testify
31 fully in any judicial or administrative proceeding
32 resulting from such report as to any evidence of abuse,
33 neglect, or exploitation and the cause thereof.
34 (2) No evidence shall be excluded by reason of any
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1 common law or statutory privilege relating to
2 communications between the alleged abuser or the adult
3 with disabilities who is the subject of the report under
4 this Act and the person making the report or conducting
5 the assessment.
6 (e) All reports shall, if possible, include the name and
7 address of the adult with disabilities, the name and address
8 of the alleged abuser, if applicable, the nature and extent
9 of the suspected abuse, neglect, or exploitation, the
10 possible extent of the injury or condition as a result of the
11 abuse, neglect, or exploitation, any evidence of previous
12 abuse, neglect, or exploitation, the time, date and location
13 of the incident, the name, address of the reporter, and any
14 other information that the reporter believes may be useful in
15 assessing the suspected abuse, neglect, or exploitation.
16 (f) The Office of Inspector General shall refer evidence
17 of crimes against an adult with disabilities to the
18 appropriate law enforcement agency according to Office of
19 Inspector General policies. A referral to law enforcement
20 may be made at any time. When the Office of Inspector General
21 has reason to believe that the death of an adult with
22 disabilities may be the result of abuse, neglect, or
23 exploitation, the Office of Inspector General shall
24 immediately report the matter to the coroner or medical
25 examiner and shall cooperate fully with any subsequent
26 investigation.
27 (g) Nothing in this Act shall preclude a person from
28 reporting an alleged act of abuse, neglect, or exploitation
29 of an adult with disabilities to a law enforcement agency.
30 (h) Nothing in this Act shall diminish the duty of law
31 enforcement officers to respond to and investigate incidents
32 of alleged abuse, neglect, and exploitation pursuant to the
33 Illinois Domestic Violence Act of 1986, when applicable.
34 (Source: P.A. 87-658.)
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1 (20 ILCS 2435/30) (from Ch. 23, par. 3395-30)
2 Sec. 30. Statewide telephone number.
3 (a) There shall be a single, statewide, TTY accessible,
4 24-hour toll free telephone number established and maintained
5 by the Office of Inspector General Department that all
6 persons may use to report alleged or suspected domestic
7 abuse, neglect, or exploitation of an adult with disabilities
8 disabled person during normal business hours and equipped
9 with an automated telephone recording device to receive
10 reports after the close of normal business hours.
11 (b) The Office of Inspector General Department shall
12 make every effort to publicize the statewide, TTY accessible,
13 24-hour toll free telephone number and to encourage public
14 understanding of and cooperation in reporting and eliminating
15 domestic abuse, neglect, and exploitation of adults with
16 disabilities adult disabled persons.
17 (c) The Office of Inspector General shall conduct
18 training at least annually for persons taking reports on the
19 statewide telephone number and persons conducting assessments
20 or making referrals for service plans.
21 (Source: P.A. 87-658.)
22 (20 ILCS 2435/35) (from Ch. 23, par. 3395-35)
23 Sec. 35. Assessment of reports.
24 (a) The Adults with Disabilities Domestic Abuse Project
25 shall, upon receiving a report of alleged or suspected
26 domestic abuse, neglect, or exploitation obtain and upon
27 receiving the consent of the subject of the report to,
28 conduct an assessment with respect to the report. The
29 assessment shall include, but not be limited to, a
30 face-to-face interview with the adult with disabilities
31 disabled person who is the subject of the report and may
32 include a visit to the residence of the adult with
33 disabilities, and interviews or consultations with service
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1 agencies or individuals who may have knowledge of the adult
2 disabled person's circumstances of the adult with
3 disabilities. A determination shall be made whether each
4 report is substantiated. If the Office of Inspector General
5 determines that there is clear and substantial risk of death
6 or great bodily harm, it shall immediately secure or provide
7 emergency protective services for purposes of preventing
8 further abuse, neglect, or exploitation, and for safeguarding
9 the welfare of the person. Such services must be provided in
10 the least restrictive environment commensurate with the adult
11 with disabilities' needs. If, after the assessment, the
12 Domestic Abuse Project determines that a case is
13 substantiated, it shall develop, with the consent of and in
14 consultation with the adult disabled person, a service plan
15 for the adult disabled person. The plan shall include
16 services and other supports which are appropriate to the
17 needs of the adult disabled person and which involve the
18 least restriction of the adult disabled person's activities
19 commensurate with his needs, such as those provided by the
20 Department's Home Services Program and supported community
21 agencies. Every effort shall be made by the Domestic Abuse
22 Project to coordinate and cooperate with public and private
23 agencies to ensure the provision of services necessary to
24 eliminate further domestic abuse, neglect, and exploitation
25 of the adult disabled person who is the subject of the
26 report.
27 (a-5) The Adults with Disabilities Abuse Project shall
28 initiate an assessment of all reports of alleged or suspected
29 abuse or neglect within 7 days after receipt of the report,
30 except reports of abuse or neglect that indicate that the
31 life or safety of an adult with disabilities is in imminent
32 danger shall be assessed within 24 hours after receipt of the
33 report. Reports of exploitation shall be assessed within 30
34 days after the receipt of the report.
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1 (b) (Blank). The Domestic Abuse Project shall conduct an
2 assessment of all reports of alleged or suspected domestic
3 abuse or neglect within 7 days after receipt of the report,
4 except reports of abuse or neglect that indicate that an
5 adult disabled person's life or safety is in imminent danger
6 shall be assessed within 24 hours after receipt of the
7 report. Reports of exploitation shall be assessed within 30
8 days after the receipt of the report.
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
15 disabled persons in an 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
19 services necessary to eliminate further abuse, neglect, and
20 exploitation of the adult with disabilities who is the
21 subject of the report.
22 The Office of Inspector General Department shall
23 promulgate rules and regulations to ensure the effective
24 implementation of the Adults with Disabilities Domestic Abuse
25 Project statewide.
26 (e) When the Adults with Disabilities Abuse Project
27 determines that a case is substantiated, it shall refer the
28 case to the appropriate office within the Department of Human
29 Services to develop, with the consent of and in consultation
30 with the adult with disabilities, a service plan for the
31 adult with disabilities.
32 (f) The Adults with Disabilities Abuse Project shall
33 refer reports of alleged or suspected abuse, neglect, or
34 exploitation to another State agency when that agency has a
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1 statutory obligation to investigate such reports.
2 (g) If the Adults with Disabilities Abuse Project has
3 reason to believe that a crime has been committed, the
4 incident shall be reported to the appropriate law enforcement
5 agency.
6 (Source: P.A. 89-507, eff. 7-1-97.)
7 (20 ILCS 2435/40) (from Ch. 23, par. 3395-40)
8 Sec. 40. Assessment and Service plan periods. The
9 Department shall by rule establish the period of time within
10 which an assessment shall begin and within which a service
11 plan shall be implemented and the duration of the plan. The
12 rules shall provide for an expedited response to emergency
13 situations.
14 (Source: P.A. 87-658.)
15 (20 ILCS 2435/45) (from Ch. 23, par. 3395-45)
16 Sec. 45. Consent.
17 (a) If the Adults with Disabilities Domestic Abuse
18 Project has received a report of alleged or suspected abuse,
19 neglect, or exploitation with regard to an adult with
20 disabilities disabled person who lacks the capacity to
21 consent to an assessment or to services, the Adults with
22 Disabilities Domestic Abuse Project may seek, directly or
23 through another agency, the appointment of a temporary or
24 permanent guardian for assessment, provision of services, or
25 any other decision-making authority as is appropriate for the
26 individual as provided in Article XIa of the Probate Act of
27 1975 or other relief as provided under the Illinois Domestic
28 Violence Act of 1986.
29 (a-5) If the adult with disabilities consents to the
30 assessment, such assessment shall be conducted. If the adult
31 with disabilities consents to the services included in the
32 service plan, such services shall be provided. If the adult
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1 with disabilities refuses or withdraws his or her consent to
2 the completion of the assessment, the assessment shall be
3 terminated. If the adult with disabilities refuses or
4 withdraws his or her consent to the provision of services,
5 the services shall not be provided.
6 (b) A guardian of the person of an adult with
7 disabilities disabled person who is abused, neglected, or
8 exploited by another individual in a domestic living
9 situation may consent to an assessment or to services being
10 provided pursuant to the service plan. If the guardian is
11 alleged to be the perpetrator of the abuse, neglect, or
12 exploitation, the Adults with Disabilities Domestic Abuse
13 Project shall seek the appointment of a temporary substitute
14 guardian pursuant to Section 213.3 of the Illinois Domestic
15 Violence Act of 1986 under the provisions of Article XIa of
16 the Probate Act of 1975. If a guardian withdraws his consent
17 or refuses to allow an assessment or services to be provided
18 to the adult with disabilities, the Adults with Disabilities
19 Domestic Abuse Project may seek directly or through another
20 agency a court order request an order of protection under the
21 Illinois Domestic Violence Act of 1986 seeking appropriate
22 remedies, and may in addition request removal of the guardian
23 and appointment of a successor guardian pursuant to Article
24 XIa of the Probate Act of 1975.
25 (c) For the purposes of this Section only, "lacks the
26 capacity to consent" shall mean that the adult with
27 disabilities disabled person reasonably appears to be unable
28 by reason of physical or mental condition to receive and
29 evaluate information related to the assessment or services,
30 or to communicate decisions related to the assessment or
31 services in the manner in which the person communicates.
32 (Source: P.A. 90-655, eff. 7-30-98.)
33 (20 ILCS 2435/50) (from Ch. 23, par. 3395-50)
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1 Sec. 50. Access of an adult with disabilities disabled
2 persons.
3 (a) No person shall obstruct or impede the access of an
4 adult with disabilities disabled person to the Adults with
5 Disabilities Domestic Abuse Project nor obstruct or impede
6 the assessment of domestic abuse, neglect, or exploitation of
7 an adult with disabilities disabled person if the adult
8 consents to the assessment. If a person does so obstruct or
9 impede the access of an adult with disabilities disabled
10 person or assessment of domestic abuse, neglect, or
11 exploitation of the adult, local law enforcement agencies
12 shall take all appropriate action to assist the party seeking
13 access in petitioning for a warrant or an ex parte injunctive
14 order. The warrant or order may issue upon a showing of
15 probable cause to believe that the adult with disabilities
16 disabled person is the subject of domestic abuse, neglect, or
17 exploitation that constitutes a criminal offense or that any
18 other criminal offense is occurring that affects the
19 interests or welfare of the adult disabled person. When,
20 from the personal observations of a law enforcement officer,
21 it appears probable that delay of entry in order to obtain a
22 warrant or order would cause the adult with disabilities
23 disabled person to be in imminent danger of death or great
24 bodily harm, entry may be made by the law enforcement officer
25 after an announcement of the officer's authority and purpose.
26 (b) Pursuant to applicable State and federal law and
27 regulation, the reporting, assessment, and provision of
28 services shall be fully accessible to adults with
29 disabilities.
30 (Source: P.A. 87-658.)
31 (20 ILCS 2435/55) (from Ch. 23, par. 3395-55)
32 Sec. 55. Access to records. All records concerning
33 reports of domestic abuse, neglect, or exploitation of an
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1 adult with disabilities disabled persons and all records
2 generated as a result of the reports shall be confidential
3 and shall not be disclosed except as specifically authorized
4 by this Act or other applicable law. Access to the records,
5 but not access to the identity of the person or persons
6 making a report of alleged domestic abuse, neglect, or
7 exploitation as contained in the records, shall be allowed to
8 the following persons and for the following purposes:
9 (a) Adults with Disabilities Domestic Abuse Project
10 staff in the furtherance of their responsibilities under this
11 Act;
12 (b) A law enforcement agency investigating alleged or
13 suspected domestic abuse, neglect, or exploitation of an
14 adult with disabilities disabled persons;
15 (c) An adult with disabilities disabled person reported
16 to be abused, neglected, or exploited, or the adult disabled
17 person's guardian of an adult with disabilities unless the
18 guardian is the alleged perpetrator of the abuse, neglect, or
19 exploitation;
20 (d) A court, upon its finding that access to the records
21 may be necessary for the determination of an issue before the
22 court. However, the access shall be limited to an in camera
23 inspection of the records, unless the court determines that
24 disclosure of the information contained therein is necessary
25 for the resolution of an issue then pending before it;
26 (e) A grand jury, upon its determination that access to
27 the records is necessary to the conduct of its official
28 business;
29 (f) Any person authorized by the Secretary, in writing,
30 for audit or bona fide research purposes;
31 (g) A coroner or medical examiner who has reason to
32 believe that abuse or neglect contributed to or resulted in
33 the death of an adult with disabilities an adult disabled
34 person has died as the result of domestic abuse or neglect;
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1 (h) The agency designated pursuant to the Protection and
2 Advocacy for Developmentally Disabled Persons Act and the
3 Protection and Advocacy for Mentally Ill Persons Act.
4 (Source: P.A. 89-507, eff. 7-1-97.)
5 (20 ILCS 2435/60) (from Ch. 23, par. 3395-60)
6 Sec. 60. Annual reports. The Office of Inspector
7 General Department shall file with the Governor and the
8 General Assembly, within 90 days after the end of each fiscal
9 year, a report concerning its implementation of the Domestic
10 Abuse Project during each fiscal year, together with any
11 recommendations for future implementation. The annual report
12 shall include data on numbers of reports received, numbers of
13 reports substantiated, and unsubstantiated, number of
14 referrals to law enforcement and other referral resources,
15 numbers of assessments and service plans completed, and
16 protective services provided. The report shall also include
17 information on public education efforts engaged in, and
18 training provided to persons or agencies who are responsible
19 for the Act's implementation.
20 (Source: P.A. 87-658.)
21 (20 ILCS 2435/65 rep.)
22 Section 15. The Domestic Abuse of Disabled Adults
23 Intervention Act is amended by repealing Section 65.".