State of Illinois
92nd General Assembly
Legislation

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92_SB2071eng

 
SB2071 Engrossed                               LRB9214057AGmb

 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  Abuse  of  Adults  with   Disabilities
 5    Intervention  Act  is  amended  by  changing  Section  45  as
 6    follows:

 7        (20 ILCS 2435/45) (from Ch. 23, par. 3395-45)
 8        Sec. 45.  Consent.
 9        (a)  If  the  Adults  with Disabilities Abuse Project has
10    received a report of alleged or suspected abuse, neglect,  or
11    exploitation  with  regard  to an adult with disabilities who
12    lacks  the  capacity  to  consent  to  an  assessment  or  to
13    services, the Adults  with  Disabilities  Abuse  Project  may
14    seek,  directly or through another agency, the appointment of
15    a temporary or permanent guardian for  assessment,  provision
16    of  services,  or  any  other decision-making authority as is
17    appropriate for the individual as provided in Article XIa  of
18    the Probate Act of 1975 or other relief as provided under the
19    Illinois Domestic Violence Act of 1986.
20        (a-5)  If  the  adult  with  disabilities consents to the
21    assessment, such assessment shall be conducted.  If the adult
22    with disabilities consents to the services  included  in  the
23    service  plan, such services shall be provided.  If the adult
24    with disabilities refuses or withdraws his or her consent  to
25    the  completion  of  the  assessment, the assessment shall be
26    terminated.   If  the  adult  with  disabilities  refuses  or
27    withdraws  his  or  her consent to the provision of services,
28    the services shall not be provided.
29        (b)  A  guardian  of  the  person  of   an   adult   with
30    disabilities  who  is  abused,  neglected,  or  exploited  by
31    another individual in a domestic living situation may consent
 
SB2071 Engrossed            -2-                LRB9214057AGmb
 1    to  an  assessment  or to services being provided pursuant to
 2    the service plan.  If the  guardian  is  alleged  to  be  the
 3    perpetrator  of  the  abuse,  neglect,  or  exploitation, the
 4    Adults with Disabilities Abuse Project  may  shall  seek  the
 5    appointment  of  a  temporary substitute guardian pursuant to
 6    Section 213.3 of the Illinois Domestic Violence Act  of  1986
 7    under  the  provisions  of  Article XIa of the Probate Act of
 8    1975. If a guardian withdraws his consent or refuses to allow
 9    an assessment or services to be provided to  the  adult  with
10    disabilities,  the Adults with Disabilities Abuse Project may
11    seek directly or through another agency a court order seeking
12    appropriate remedies, and may in addition request removal  of
13    the guardian and appointment of a successor guardian pursuant
14    to Article XIa of the Probate Act of 1975.
15        (c)  For  the  purposes  of this Section only, "lacks the
16    capacity  to  consent"  shall  mean  that  the   adult   with
17    disabilities  reasonably  appears  to  be unable by reason of
18    physical  or  mental  condition  to  receive   and   evaluate
19    information  related  to  the  assessment  or services, or to
20    communicate decisions related to the assessment or services.
21    (Source: P.A. 90-655, eff. 7-30-98; 91-671, eff. 7-1-00.)

22        Section 99.  Effective date.  This Act takes effect  upon
23    becoming law.

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