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