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| Public Act 097-0354 | ||||
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AN ACT concerning State government.
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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 Abuse of Adults with Disabilities | ||||
Intervention Act is amended by changing Sections 15 and 60 as | ||||
follows:
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(20 ILCS 2435/15) (from Ch. 23, par. 3395-15)
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Sec. 15. Definitions. As used in this Act:
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"Abuse" means causing any physical, sexual,
or mental abuse | ||||
injury to an
adult with disabilities, including exploitation of | ||||
the adult's financial
resources. Nothing
in this Act shall be | ||||
construed to mean that an adult with disabilities is a
victim | ||||
of abuse or 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 adult | ||||
with
disabilities is a victim of abuse because of health care | ||||
services provided or
not provided by licensed health care | ||||
professionals.
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"Adult with disabilities" means a person aged 18 through 59 | ||||
who resides in
a domestic living
situation and whose physical | ||||
or mental disability impairs his or her ability to
seek or | ||||
obtain
protection from abuse, neglect, or exploitation.
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"Department" means the Department of Human Services.
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"Adults with Disabilities Abuse Project" or "project" | ||
means
that program within the Office of Inspector General | ||
designated by the
Department of Human Services to receive and | ||
assess reports of alleged or
suspected abuse, neglect, or | ||
exploitation of adults with
disabilities.
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"Domestic living situation" means a residence where the | ||
adult with
disabilities lives alone or with his or her family | ||
or household members, a care
giver, or others or
at a board and | ||
care home or other community-based unlicensed facility, but is
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not:
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(1) A licensed facility as defined in Section 1-113 of | ||
the Nursing Home
Care Act or Section 1-113 of the MR/DD | ||
Community 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, a federal agency, or the State.
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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 and that | ||
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-integrated living arrangement as | ||
defined in the
Community-Integrated Living Arrangements | ||
Licensure and Certification Act or
community residential | ||
alternative as licensed under that Act.
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"Emergency" means a situation in which an adult with | ||
disabilities is in danger of death or great bodily harm.
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"Exploitation" means the illegal, including tortious, use | ||
of the assets or resources of an adult with
disabilities.
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Exploitation includes, but is not limited to, the | ||
misappropriation of
assets or resources of an adult with | ||
disabilities by
undue influence, by
breach of a fiduciary | ||
relationship, by fraud, deception, or extortion, or
by the use | ||
of the assets or resources in a manner contrary to law.
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"Family or household members" means a person who as a | ||
family member,
volunteer, or paid care provider has assumed | ||
responsibility for all or a
portion of the care of an adult | ||
with disabilities who needs assistance with
activities of daily | ||
living.
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"Financial exploitation" means the illegal, including | ||
tortious, use of the assets or resources of an adult with
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disabilities.
Exploitation includes, but is not limited to, the | ||
misappropriation of
assets or resources of an adult with | ||
disabilities by
undue influence, by
breach of a fiduciary | ||
relationship, by fraud, deception, or extortion, or
by the use | ||
of the assets or resources in a manner contrary to law. | ||
"Mental abuse" means the infliction of emotional or mental | ||
distress by a caregiver, a family member, or any person with | ||
ongoing access to a person with disabilities by threat of harm, | ||
humiliation, or other verbal or nonverbal conduct. | ||
"Neglect" means the failure of
another individual to | ||
provide an adult with disabilities with or the willful
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withholding from an adult with disabilities the necessities of | ||
life, including,
but not limited to, food, clothing, shelter, | ||
or medical care.
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Nothing in the definition of "neglect" shall be construed to | ||
impose a
requirement that assistance be provided to an adult | ||
with disabilities over
his or her objection in the absence of a | ||
court order, nor to create any new
affirmative duty to provide | ||
support, assistance, or intervention to an
adult with | ||
disabilities. Nothing in this Act shall be construed to mean | ||
that
an adult with disabilities is a
victim of neglect because | ||
of health care services provided or not provided by
licensed
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health care professionals.
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"Physical abuse" includes sexual abuse and means any of the | ||
following acts:
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(1) knowing or reckless use of physical force, | ||
confinement, or restraint;
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(2) knowing, repeated, and unnecessary sleep | ||
deprivation; or
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(3) knowing or reckless conduct which creates an | ||
immediate risk of
physical harm; or .
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(4) when committed by a caregiver, a family member, or | ||
any person with ongoing access to a person with | ||
disabilities, directing another person to physically abuse | ||
a person with disabilities. | ||
"Secretary" means the Secretary of Human Services.
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"Sexual abuse" means touching, fondling, sexual threats, | ||
sexually
inappropriate remarks,
or any other sexual activity | ||
with an adult with disabilities when the adult
with | ||
disabilities
is unable to understand, unwilling to consent, | ||
threatened, or physically forced
to engage
in sexual behavior. | ||
Sexual abuse includes acts of sexual exploitation including, | ||
but not limited to, facilitating or compelling an adult with | ||
disabilities to become a prostitute, or receiving anything of | ||
value from an adult with disabilities knowing it was obtained | ||
in whole or in part from the practice of prostitution.
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"Substantiated case" means a reported case of alleged or | ||
suspected abuse,
neglect, or exploitation in which the Adults | ||
with
Disabilities Abuse
Project staff, after assessment, | ||
determines that there is reason to believe
abuse, neglect, or | ||
exploitation has occurred.
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(Source: P.A. 96-339, eff. 7-1-10.)
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(20 ILCS 2435/60) (from Ch. 23, par. 3395-60)
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Sec. 60. Annual reports. The Office of Inspector General
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shall file with the Governor
and the General Assembly, no later | ||
than January 1 following the end of each fiscal year, within 90 | ||
days after the end of each fiscal year,
a report concerning its | ||
implementation of the Domestic Abuse Project during
each fiscal | ||
year, together with any recommendations for future | ||
implementation.
The annual report
shall include data on numbers | ||
of reports received, numbers of reports
substantiated, and
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unsubstantiated, number of referrals to law enforcement and | ||
other referral
resources, numbers of assessments and service | ||
plans completed, and protective
services provided. The report | ||
shall also include information on public
education
efforts | ||
engaged in, and training provided to persons or agencies who | ||
are
responsible for the Act's implementation.
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(Source: P.A. 91-671, eff. 7-1-00.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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