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| Public Act 099-0287 | ||||
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AN ACT concerning 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 Adult Protective Services Act is amended by | ||||
changing Section 8 as follows:
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(320 ILCS 20/8) (from Ch. 23, par. 6608)
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Sec. 8. Access to records. All records concerning reports | ||||
of abuse,
neglect, 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 to such
records, but not access to the | ||||
identity of the person or persons making a
report of alleged | ||||
abuse, neglect,
financial exploitation, or self-neglect as | ||||
contained in
such records, shall be provided, upon request, 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
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responsibilities under this Act;
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(1.5) A representative of the public guardian acting in | ||
the course of investigating the appropriateness of | ||
guardianship for the eligible adult or while pursuing a | ||
petition for guardianship of the eligible adult pursuant to | ||
the Probate Act of 1975; | ||
(2) A law enforcement agency investigating known or | ||
suspected
abuse, neglect, 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, including any reports made after death, | ||
the agency
shall immediately provide the appropriate law | ||
enforcement agency with all
records pertaining to the | ||
eligible adult;
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(2.5) A law enforcement agency, fire department | ||
agency, or fire protection district having proper | ||
jurisdiction pursuant to a written agreement between a | ||
provider agency and the law enforcement agency, fire | ||
department agency, or fire protection district under which | ||
the provider agency may furnish to the law enforcement | ||
agency, fire department agency, or fire protection | ||
district a list of all eligible adults who may be at | ||
imminent risk of abuse, neglect, financial exploitation, | ||
or self-neglect; | ||
(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, | ||
financially exploited, or self-neglected or who has been
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referred to the Adult Protective Services Program;
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(4) An eligible adult reported to be abused,
neglected,
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financially exploited, or self-neglected, or such adult's | ||
authorized guardian or agent, unless such
guardian or agent | ||
is the abuser or the alleged abuser; | ||
(4.5) An executor or administrator of the estate of an | ||
eligible adult who is deceased;
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(5) In cases regarding abuse, neglect, or financial | ||
exploitation, a court or a guardian ad litem, upon its or | ||
his or
her finding that access to such records may be
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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
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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,
financial exploitation, or self-neglect. | ||
The provider agency shall immediately provide the
coroner
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or medical examiner with all records pertaining to the | ||
eligible adult;
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(8.5) A coroner or medical examiner having proper | ||
jurisdiction, pursuant to a written agreement between a | ||
provider agency and the coroner or medical examiner, under | ||
which the provider agency may furnish to the office of the | ||
coroner or medical examiner a list of all eligible adults | ||
who may be at imminent risk of death as a result of abuse, | ||
neglect, financial exploitation, or self-neglect; | ||
(9) Department of Financial and Professional | ||
Regulation staff
and members of the Illinois Medical | ||
Disciplinary Board or the Social Work Examining and | ||
Disciplinary Board in the course
of investigating alleged | ||
violations of the Clinical Social Work and Social Work
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Practice Act by provider agency staff or other licensing | ||
bodies at the discretion of the Director of the Department | ||
on Aging; | ||
(9-a) Department of Healthcare and Family Services | ||
staff and provider agency staff when that Department is | ||
funding services to the eligible adult, including access to | ||
the identity of the eligible adult; | ||
(9-b) Department of Human Services staff and provider | ||
agency staff when that Department is funding services to | ||
the eligible adult or is providing reimbursement for | ||
services provided by the abuser or alleged abuser, | ||
including access to the identity of the eligible adult; | ||
(10) Hearing officers in the course of conducting an | ||
administrative hearing under this Act; parties to such | ||
hearing shall be entitled to discovery as established by | ||
rule;
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(11) A caregiver who challenges placement on the | ||
Registry shall be given the statement of allegations in the | ||
abuse report and the substantiation decision in the final | ||
investigative report; and | ||
(12) The Illinois Guardianship and Advocacy Commission | ||
and the agency designated by the Governor under Section 1 | ||
of the Protection and Advocacy for Developmentally | ||
Disabled Persons Act shall have access, through the | ||
Department, to records, including the findings, pertaining | ||
to a completed or closed investigation of a report of | ||
suspected abuse, neglect, financial exploitation, or | ||
self-neglect of an eligible adult. | ||
(Source: P.A. 97-864, eff. 1-1-13; 98-49, eff. 7-1-13; 98-1039, | ||
eff. 8-25-14.)
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