Illinois General Assembly - Full Text of Public Act 101-0496
Illinois General Assembly

Previous General Assemblies

Public Act 101-0496


 

Public Act 0496 101ST GENERAL ASSEMBLY

  
  
  

 


 
Public Act 101-0496
 
HB3065 EnrolledLRB101 08858 KTG 53947 b

    AN ACT concerning aging.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Adult Protective Services Act is amended by
changing Section 5 as follows:
 
    (320 ILCS 20/5)  (from Ch. 23, par. 6605)
    Sec. 5. Procedure.
    (a) A provider agency designated to receive reports of
alleged or suspected abuse, neglect, financial exploitation,
or self-neglect under this Act shall, upon 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 adult protective services
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 shall may include interviews
or consultations regarding the allegations with service
agencies, immediate family members, and or individuals who may
have knowledge of the eligible adult's circumstances based on
the consent of the eligible adult in all instances, except
where the provider agency is acting in the best interest of an
eligible adult who is unable to seek assistance for himself or
herself and where there are allegations against a caregiver who
has assumed responsibilities in exchange for compensation. If,
after the assessment, the provider agency determines that the
case is substantiated it shall develop a service care plan for
the eligible adult and may report its findings at any time
during the case to the appropriate law enforcement agency in
accord with established law and Department protocols,
procedures, and policies. In developing a case plan, the
provider agency may consult with any other 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.
(Source: P.A. 98-49, eff. 7-1-13; 98-1039, eff. 8-25-14.)

Effective Date: 1/1/2020