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Public Act 094-1064
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| HB4676 Enrolled |
LRB094 12640 DRJ 54015 b |
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AN ACT in relation to aging.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Elder Abuse and Neglect Act is amended by |
changing Sections 2, 3, 3.5, 4, 5, 8, 9, and 13 as follows:
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(320 ILCS 20/2) (from Ch. 23, par. 6602)
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Sec. 2. Definitions. As used in this Act, unless the |
context
requires otherwise:
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(a) "Abuse" means causing any physical, mental or sexual |
injury to an
eligible adult, including exploitation of such |
adult's financial resources.
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Nothing in this Act shall be construed to mean that an |
eligible adult is a
victim of abuse,
or neglect, or |
self-neglect for the sole reason that he or she is being
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furnished with or relies upon treatment by spiritual means |
through prayer
alone, in accordance with the tenets and |
practices of a recognized church
or religious denomination.
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Nothing in this Act shall be construed to mean that an |
eligible adult is a
victim of abuse because of health care |
services provided or not provided by
licensed health care |
professionals.
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(a-5) "Abuser" means a person who abuses, neglects, or |
financially
exploits an eligible adult.
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(a-7) "Caregiver" means a person who either as a result of |
a family
relationship, voluntarily, or in exchange for |
compensation has assumed
responsibility for all or a portion of |
the care of an eligible adult who needs
assistance with |
activities of daily
living.
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(b) "Department" means the Department on Aging of the State |
of Illinois.
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(c) "Director" means the Director of the Department.
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(d) "Domestic living situation" means a residence where the |
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eligible
adult lives alone or with his or her family or a |
caregiver, or others,
or a board and care home or other |
community-based unlicensed facility, but
is not:
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(1) A licensed facility as defined in Section 1-113 of |
the Nursing Home
Care Act;
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(2) A "life care facility" as defined in the Life Care |
Facilities Act;
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(3) A home, institution, or other place operated by the |
federal
government or agency thereof or by the State of |
Illinois;
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(4) A hospital, sanitarium, or other institution, the |
principal activity
or business of which is the diagnosis, |
care, and treatment of human illness
through the |
maintenance and operation of organized facilities |
therefor,
which is required to be licensed under the |
Hospital Licensing Act;
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(5) A "community living facility" as defined in the |
Community Living
Facilities Licensing Act;
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(6) A "community residential alternative" as defined |
in the Community
Residential Alternatives Licensing Act; |
and
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(7) A "community-integrated living arrangement" as |
defined in
the Community-Integrated Living Arrangements |
Licensure and Certification Act; .
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(8) An assisted living or shared housing establishment |
as defined in the Assisted Living and Shared Housing Act; |
or
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(9) A supportive living facility as described in |
Section 5-5.01a of the Illinois Public Aid Code.
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(e) "Eligible adult" means a person 60 years of age or |
older who
resides in a domestic living situation and is, or is |
alleged
to be, abused, neglected, or financially exploited by |
another individual or who neglects himself or herself.
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(f) "Emergency" means a situation in which an eligible |
adult is living
in conditions presenting a risk of death or |
physical, mental or sexual
injury and the provider agency has |
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reason to believe the eligible adult is
unable to
consent to |
services which would alleviate that risk.
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(f-5) "Mandated reporter" means any of the following |
persons
while engaged in carrying out their professional |
duties:
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(1) a professional or professional's delegate while |
engaged in: (i) social
services, (ii) law enforcement, |
(iii) education, (iv) the care of an eligible
adult or |
eligible adults, or (v) any of the occupations required to |
be licensed
under
the Clinical Psychologist Licensing Act, |
the Clinical Social Work and Social
Work Practice Act, the |
Illinois Dental Practice Act, the Dietetic and Nutrition
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Services Practice Act, the Marriage and Family Therapy |
Licensing Act, the
Medical Practice Act of 1987, the |
Naprapathic Practice Act, the
Nursing and Advanced |
Practice Nursing Act, the Nursing Home
Administrators |
Licensing and
Disciplinary Act, the Illinois Occupational |
Therapy Practice Act, the Illinois
Optometric Practice Act |
of 1987, the Pharmacy Practice Act of 1987, the
Illinois |
Physical Therapy Act, the Physician Assistant Practice Act |
of 1987,
the Podiatric Medical Practice Act of 1987, the |
Respiratory Care Practice
Act,
the Professional Counselor |
and
Clinical Professional Counselor Licensing Act, the |
Illinois Speech-Language
Pathology and Audiology Practice |
Act, the Veterinary Medicine and Surgery
Practice Act of |
2004, and the Illinois Public Accounting Act;
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(2) an employee of a vocational rehabilitation |
facility prescribed or
supervised by the Department of |
Human Services;
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(3) an administrator, employee, or person providing |
services in or through
an unlicensed community based |
facility;
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(4) any religious practitioner who provides treatment |
by prayer or spiritual means alone in accordance with the |
tenets and practices of a recognized church or religious |
denomination, except as to information received in any |
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confession or sacred communication enjoined by the |
discipline of the religious denomination to be held |
confidential
a Christian Science Practitioner;
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(5) field personnel of the Department of Healthcare and |
Family Services
Public Aid, Department of Public
Health, |
and Department of Human Services, and any county or
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municipal health department;
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(6) personnel of the Department of Human Services, the |
Guardianship and
Advocacy Commission, the State Fire |
Marshal, local fire departments, the
Department on Aging |
and its subsidiary Area Agencies on Aging and provider
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agencies, and the Office of State Long Term Care Ombudsman;
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(7) any employee of the State of Illinois not otherwise |
specified herein
who is involved in providing services to |
eligible adults, including
professionals providing medical |
or rehabilitation services and all
other persons having |
direct contact with eligible adults;
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(8) a person who performs the duties of a coroner
or |
medical examiner; or
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(9) a person who performs the duties of a paramedic or |
an emergency
medical
technician.
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(g) "Neglect" means
another individual's failure to |
provide an eligible
adult with or willful withholding from an |
eligible adult the necessities of
life including, but not |
limited to, food, clothing, shelter or health
medical care.
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This subsection does not create any new affirmative duty to |
provide support to
eligible adults. Nothing in this Act shall |
be construed to mean that an
eligible adult is a victim of |
neglect because of health care services provided
or not |
provided by licensed health care professionals.
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(h) "Provider agency" means any public or nonprofit agency |
in a planning
and service area appointed by the regional |
administrative agency with prior
approval by the Department on |
Aging to receive and assess reports of
alleged or suspected |
abuse, neglect, or financial exploitation.
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(i) "Regional administrative agency" means any public or |
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nonprofit
agency in a planning and service area so designated |
by the Department,
provided that the designated Area Agency on |
Aging shall be designated the
regional administrative agency if |
it so requests.
The Department shall assume the functions of |
the regional administrative
agency for any planning and service |
area where another agency is not so
designated.
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(i-5) "Self-neglect" means a condition that is the result |
of an eligible adult's inability, due to physical or mental |
impairments, or both, or a diminished capacity, to perform |
essential self-care tasks that substantially threaten his or |
her own health, including: providing essential food, clothing, |
shelter, and health care; and obtaining goods and services |
necessary to maintain physical health, mental health, |
emotional well-being, and general safety.
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(j) "Substantiated case" means a reported case of alleged |
or suspected
abuse, neglect, or financial exploitation, or |
self-neglect in which a provider agency,
after assessment, |
determines that there is reason to believe abuse,
neglect, or |
financial exploitation has occurred.
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(Source: P.A. 92-16, eff. 6-28-01; 93-281 eff. 12-31-03; |
93-300, eff. 1-1-04;
revised 12-15-05.)
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(320 ILCS 20/3) (from Ch. 23, par. 6603)
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Sec. 3. Responsibilities.
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(a) The Department shall establish,
design and manage a |
program of response and services for persons 60 years
of age |
and
older who have been, or are alleged to be, victims of |
abuse, neglect, or financial exploitation, or self-neglect. |
The Department
shall contract with or fund or, contract with |
and fund, regional
administrative
agencies, provider
agencies, |
or both, for the provision of those
functions, and, contingent |
on adequate funding, with attorneys or legal
services provider |
agencies for the
provision of legal assistance pursuant to this |
Act.
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(b) Each regional administrative agency shall designate |
provider
agencies within its planning and service area with |
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prior approval by the
Department on Aging, monitor the use of |
services, provide technical
assistance to the provider |
agencies and be involved in program development
activities.
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(c) Provider agencies shall assist, to the extent possible, |
eligible
adults who need agency
services to allow them to |
continue to function independently. Such
assistance shall |
include but not be limited to receiving reports of alleged
or |
suspected abuse, neglect, or financial exploitation,
or |
self-neglect, conducting face-to-face assessments of
such |
reported cases, determination of substantiated cases, referral |
of
substantiated cases for necessary support services,
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referral of criminal conduct to law enforcement in accordance |
with Department
guidelines,
and provision of case
work and |
follow-up services on substantiated cases.
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(d) By January 1, 2008, the Department on Aging, in |
cooperation with an Elder Self-Neglect Steering Committee, |
shall by rule develop protocols, procedures, and policies for |
(i) responding to reports of possible self-neglect, (ii) |
protecting the autonomy, rights, privacy, and privileges of |
adults during investigations of possible self-neglect and |
consequential judicial proceedings regarding competency, (iii) |
collecting and sharing relevant information and data among the |
Department, provider agencies, regional administrative |
agencies, and relevant seniors, (iv) developing working |
agreements between provider agencies and law enforcement, |
where practicable, and (v) developing procedures for |
collecting data regarding incidents of self-neglect. The Elder |
Self-Neglect Steering Committee shall be comprised of one |
person selected by the Elder Abuse Advisory Committee of the |
Department on Aging; 3 persons selected, on the request of the |
Director of Aging, by State or regional organizations that |
advocate for the rights of seniors, at least one of whom shall |
be a legal assistance attorney who represents seniors in |
competency proceedings; 2 persons selected, on the request of |
the Director of Aging, by statewide organizations that |
represent social workers and other persons who provide direct |
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intervention and care to housebound seniors who are likely to |
neglect themselves; an expert on geropsychiatry, appointed by |
the Secretary of Human Services; an expert on issues of |
physical health associated with seniors, appointed by the |
Director of Public Health; one representative of a law |
enforcement agency; one representative of the Chicago |
Department on Aging; and 3 other persons selected by the |
Director of Aging, including an expert from an institution of |
higher education who is familiar with the relevant areas of |
data collection and study.
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(Source: P.A. 90-628, eff. 1-1-99.)
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(320 ILCS 20/3.5)
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Sec. 3.5. Other Responsibilities. The Department shall |
also be
responsible for the following activities, contingent |
upon adequate funding:
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(a) promotion of a wide range of endeavors for the purpose |
of preventing
elder abuse, neglect, and financial |
exploitation, and self-neglect in both domestic and
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institutional settings, including, but not limited to, |
promotion of public
and professional education to increase |
awareness of elder abuse, neglect,
and financial exploitation, |
and self-neglect, to increase reports, and to improve response |
by
various legal, financial, social, and health systems;
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(b) coordination of efforts with other agencies, councils, |
and like
entities, to include but not be limited to, the Office |
of the Attorney General,
the State Police, the Illinois Law |
Enforcement Training Standards
Board, the State Triad, the |
Illinois Criminal Justice Information
Authority, the
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Departments of Public Health, Public Aid, and Human Services, |
the Family
Violence Coordinating Council, the Illinois |
Violence Prevention Authority,
and other
entities which may |
impact awareness of, and response to, elder abuse, neglect,
and
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financial exploitation, and self-neglect;
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(c) collection and analysis of data;
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(d) monitoring of the performance of regional |
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administrative agencies and
elder abuse provider agencies;
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(e) promotion of prevention activities;
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(f) establishing and coordinating establishment and |
coordination of a an aggressive training program on about the |
unique
nature of elder abuse cases with other agencies, |
councils, and like entities,
to include including but not be |
limited to the Office of the Attorney General, the
State |
Police, the Illinois Law Enforcement Training Standards Board, |
the
State Triad, the Illinois Criminal Justice Information |
Authority, the State
Departments of Public Health, Public Aid, |
and Human Services, the Family
Violence Coordinating Council, |
the Illinois Violence Prevention Authority,
and other entities |
that may impact awareness of, and response to, elder
abuse, |
neglect, and financial exploitation, and self-neglect;
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(g) solicitation of financial institutions for the purpose |
of making
information available to the general public warning |
of financial exploitation
of the elderly and related financial |
fraud or abuse, including such
information and warnings |
available through signage or other written
materials provided |
by the Department on the premises of such financial
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institutions, provided that the manner of displaying or |
distributing such
information is subject to the sole discretion |
of each financial institution;
and
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(h) coordinating coordination of efforts with utility and |
electric companies to send
notices in utility bills to which
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explain to persons 60 years of age or older
their elder rights |
regarding telemarketing and home repair fraud frauds.
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(Source: P.A. 92-16, eff. 6-28-01; 93-300, eff. 1-1-04; 93-301, |
eff. 1-1-04;
revised 1-23-04.)
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(320 ILCS 20/4) (from Ch. 23, par. 6604)
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Sec. 4. Reports of abuse or neglect.
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(a) Any person who suspects the abuse,
neglect, or
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financial exploitation, or self-neglect of an eligible adult |
may
report
this suspicion to an agency designated to receive |
such
reports under this Act or to the Department.
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(a-5) If any mandated reporter has reason to believe that |
an eligible
adult,
who because of dysfunction is unable to seek |
assistance for himself or herself,
has, within the previous 12 |
months, been subjected to abuse, neglect, or
financial |
exploitation, the mandated reporter shall, within 24 hours |
after
developing
such belief, report this suspicion to an |
agency designated to receive such
reports under this Act or
to |
the Department. Whenever a mandated reporter
is required to |
report under this Act in his or her capacity as a member of
the |
staff of a medical or other public or private institution, |
facility,
board and care home, or agency, he or she shall make |
a report
to an agency designated to receive such
reports under |
this Act or
to the Department in accordance
with the provisions |
of this Act and may also notify the person in charge of
the |
institution, facility, board and care home, or agency or his or |
her
designated agent that the
report has been made. Under no |
circumstances shall any person in charge of
such institution, |
facility, board and care home, or agency, or his or her
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designated agent to whom
the notification has been made, |
exercise any control, restraint,
modification, or other change |
in the report or the forwarding of the report
to an agency |
designated to receive such
reports under this Act or
to the |
Department. The privileged quality of communication between |
any
professional
person required to report
and his or her |
patient or client shall not apply to situations involving
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abused, neglected, or financially exploited eligible adults |
and shall not
constitute
grounds for failure to
report
as |
required by this Act.
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(a-7) A person making a report
under this Act in the belief |
that it is in the alleged victim's best
interest shall be |
immune from criminal or civil liability or professional
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disciplinary action on account of making the report, |
notwithstanding any
requirements concerning the |
confidentiality of information with respect to
such eligible |
adult which might otherwise be applicable.
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(a-9) Law enforcement officers
shall continue to report |
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incidents of alleged abuse pursuant to the
Illinois Domestic |
Violence Act of 1986, notwithstanding any requirements
under |
this Act.
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(b) Any person, institution or agency participating in the |
making of
a report, providing
information or records related to |
a report, assessment, or services, or
participating in the |
investigation of a report under
this Act in good faith, or |
taking photographs or x-rays as a result of an
authorized |
assessment, shall have immunity from any civil, criminal or
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other liability in any civil, criminal or other proceeding |
brought in
consequence of making such report or assessment or |
on account of submitting
or otherwise disclosing such |
photographs or x-rays to any agency designated
to receive |
reports of alleged or suspected abuse or neglect. Any person,
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institution or agency authorized by the Department to provide |
assessment,
intervention, or administrative services under |
this Act shall, in the good
faith performance of those |
services, have immunity from any civil, criminal
or other |
liability in any civil, criminal, or other proceeding brought |
as a
consequence of the performance of those services.
For the |
purposes of any civil, criminal, or other proceeding, the good |
faith
of any person required to report, permitted to report, or |
participating in an
investigation of a report of alleged or |
suspected abuse, neglect, or
financial exploitation shall be
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presumed.
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(c) The identity of a person making a report of alleged or |
suspected
abuse or neglect under this Act may be disclosed by |
the Department
or other agency provided for in this Act only |
with such person's written
consent or by court order.
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(d) The Department shall by rule establish a system for |
filing and
compiling reports made under this Act.
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(e) Any physician who willfully fails to report as required |
by this Act
shall be referred to the Illinois State Medical |
Disciplinary Board for action
in accordance with subdivision |
(A)(22) of Section 22 of the Medical Practice
Act of 1987. Any |
dentist or dental hygienist who willfully fails to report as
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required by this Act shall be referred to the Department of |
Professional
Regulation for action in accordance with |
paragraph 19 of Section 23 of the
Illinois Dental Practice Act. |
Any other mandated reporter required by
this Act to report |
suspected abuse, neglect, or financial exploitation who
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willfully fails to report the same is guilty of a Class A |
misdemeanor.
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(Source: P.A. 93-300, eff. 1-1-04; 93-301, eff. 1-1-04.)
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(320 ILCS 20/5) (from Ch. 23, par. 6605)
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Sec. 5. Procedure.
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(a) A provider agency designated to receive reports
of |
alleged or suspected abuse, neglect, or financial
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exploitation, or self-neglect under
this Act shall, upon
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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 elder abuse 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
may include interviews or |
consultations with service agencies or
individuals who may have |
knowledge of the eligible adult's circumstances.
If, after the |
assessment, the provider agency determines that the case is
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substantiated it shall develop a service care plan for the |
eligible adult and may report its findings to the appropriate |
law enforcement agency in accord with established law and |
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Department protocols, procedures, and policies.
In developing |
the plan, the provider agency may consult with any other
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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 or any time
during the case. |
Where a provider agency has reason to believe the death of an
|
eligible adult may be the result of abuse 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.
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(Source: P.A. 90-628, eff. 1-1-99.)
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(320 ILCS 20/8) (from Ch. 23, par. 6608)
|
Sec. 8. Access to records. All records concerning reports |
of elder abuse,
neglect, and financial exploitation, or |
self-neglect and all records generated as a result of
such |
reports shall be confidential and shall not be disclosed except |
as
specifically authorized by this Act or other applicable law. |
In accord with established law and Department protocols, |
procedures, and policies, access
Access to such
records, but |
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not access to the identity of the person or persons making a
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report of alleged abuse, neglect, or
financial exploitation, or |
self-neglect as contained in
such records, shall be provided, |
upon request,
allowed to the following persons and for the |
following
persons:
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(1) Department staff, provider agency staff, other aging |
network staff, and
regional administrative agency staff, |
including staff of the Chicago Department on Aging while that |
agency is designated as a regional administrative agency, in |
the furtherance of their
responsibilities under this Act;
|
(2) A law enforcement agency investigating known or |
suspected
elder abuse, neglect, or financial exploitation, or |
self-neglect. Where a provider
agency has reason to believe |
that the
death of an eligible adult may be the result of abuse |
or neglect, the agency
shall immediately provide the |
appropriate law enforcement agency with all
records pertaining |
to the eligible adult;
|
(3) A physician who has before him or her or who is |
involved
in the treatment of an eligible adult whom he or she |
reasonably suspects
may be abused, neglected, or financially |
exploited, or self-neglected or who has been
referred to the |
Elder Abuse and Neglect Program;
|
(4) An eligible adult reported to be abused,
neglected, or
|
financially exploited, or self-neglected, or such adult's |
guardian unless such
guardian is the abuser or the alleged |
abuser;
|
(5) In cases regarding elder abuse, neglect, or financial |
exploitation, a
A court or a guardian ad litem, upon its or his |
or
her finding that access to such records may be
necessary for |
the determination of an issue before the court.
However,
such |
access shall be limited to an in camera inspection of the |
records,
unless the court determines that disclosure of the |
information contained
therein is necessary for the resolution |
of an issue then pending before it;
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(5.5) In cases regarding self-neglect, a guardian ad litem;
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(6) A grand jury, upon its determination that access to |
|
such
records is necessary in the conduct of its official |
business;
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(7) Any person authorized by the Director, in writing, for
|
audit or bona fide research purposes;
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(8) A coroner or medical examiner who has reason to believe
|
that an eligible adult has died as the result of abuse, |
neglect,
or financial exploitation, or self-neglect. The |
provider agency shall immediately provide the
coroner
or |
medical examiner with all records pertaining to the eligible |
adult; and
|
(9) Department of Professional Regulation staff
and |
members of the Social Work Examining and Disciplinary Board in |
the course
of investigating alleged violations of the Clinical |
Social Work and Social Work
Practice Act by provider agency |
staff.
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(Source: P.A. 89-387, eff. 8-20-95; 90-628, eff. 1-1-99.)
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(320 ILCS 20/9) (from Ch. 23, par. 6609)
|
Sec. 9. Authority to consent to services.
|
(a) If an eligible adult
consents to services being |
provided according
to the service care plan, such services |
shall be arranged to meet the
adult's needs, based upon the |
availability of resources to provide such
services. If an adult |
withdraws his or her consent or refuses to accept
such |
services, the services shall not be provided.
|
(b) If it reasonably appears to the Department or other |
agency
designated under this Act that a person is an eligible |
adult and lacks the
capacity to consent to necessary services, |
including an assessment, the
Department or other agency
may |
seek the appointment of a guardian as provided in Article XIa
|
of the Probate Act of 1975 for the purpose of consenting to |
such services.
|
(c) A guardian of the person of an eligible adult may |
consent to
services being provided according to the service |
care plan. If a guardian
withdraws his or her consent or |
refuses to allow services to be provided to
the
eligible adult, |
|
the Department, an agency designated under this Act, or the
|
office of the Attorney General may
request a court order |
seeking appropriate remedies, and may
in
addition request |
removal of the guardian and appointment of a successor
|
guardian.
|
(d) If an emergency exists and the Department or other |
agency designated
under this Act reasonably believes that a |
person is an eligible adult and
lacks the capacity to consent |
to necessary services, the Department or
other agency may |
request an ex parte order from the circuit court of the
county |
in which the petitioner or respondent resides or in which the |
alleged
abuse, neglect, or financial exploitation, or |
self-neglect occurred, authorizing
an
assessment of a report of |
alleged or suspected abuse, neglect, or
financial |
exploitation, or self-neglect or the provision of necessary |
services, or
both,
including relief available under the |
Illinois Domestic Violence Act of 1986 in accord with |
established law and Department protocols, procedures, and |
policies.
Petitions filed under this subsection shall be |
treated as expedited
proceedings.
|
(e) Within 15 days after the entry of the ex parte |
emergency order, the
order shall expire, or, if the need for |
assessment or services continues, the
provider agency shall |
petition for the appointment of a guardian as provided in
|
Article XIa of the Probate Act of 1975 for the purpose of |
consenting to such
assessment or services or to protect the |
eligible adult from further harm.
|
(f) If the court enters an ex parte order under subsection |
(d) for an assessment of a report of alleged or suspected |
self-neglect, or for the provision of necessary services in |
connection with alleged or suspected self-neglect, or for both, |
the court, as soon as is practicable thereafter, shall appoint |
a guardian ad litem for the eligible adult who is the subject |
of the order, for the purpose of reviewing the reasonableness |
of the order. The guardian ad litem shall review the order and, |
if the guardian ad litem reasonably believes that the order is |
|
unreasonable, the guardian ad litem shall file a petition with |
the court stating the guardian ad litem's belief and requesting |
that the order be vacated.
|
(Source: P.A. 90-628, eff. 1-1-99.)
|
(320 ILCS 20/13)
|
Sec. 13. Access.
|
(a) In accord with established law and Department |
protocols, procedures, and policies, the
The designated |
provider agencies shall have access to
eligible adults who have |
been reported or found to be victims of abuse,
neglect, or
|
financial exploitation, or self-neglect
in order to assess the |
validity of the
report, assess
other needs of the eligible |
adult, and provide services in accordance with this
Act.
|
(b) Where access to an eligible adult is denied, the Office |
of the Attorney
General, the Department, or the provider agency |
may petition the court for an
order to require appropriate |
access where:
|
(1) a caregiver or third party has interfered with the |
assessment or
service plan, or
|
(2) the agency has reason to believe that the eligible |
adult is denying
access because of coercion, extortion, or |
justifiable fear of future abuse,
neglect, or financial |
exploitation.
|
(c) The petition for an order requiring appropriate access |
shall be afforded
an expedited hearing in the circuit court.
|
(d) If the elder abuse provider agency has substantiated |
financial
exploitation against an eligible adult, and has |
documented a reasonable belief
that the eligible adult will be |
irreparably harmed as a result of the financial
exploitation, |
the Office of the Attorney General, the Department, or the
|
provider agency may petition for an order freezing the assets |
of the eligible
adult. The petition shall be filed in the |
county or counties in which the
assets are located. The court's |
order shall prohibit the sale, gifting,
transfer, or wasting of |
the assets of the eligible adult, both real and
personal, owned |