Section 50.10  Definitions

For the purposes of this Part, the following terms are defined:

"Abuse."  Any physical injury, sexual abuse, or mental injury inflicted on an individual other than by accidental means.

"Access."  Admission to a community agency or facility for the purpose of conducting imminent risk assessments and investigations, including but not limited to conducting interviews and obtaining and reviewing any documents or records that OIG believes to be pertinent to an investigation.

"Accidental."  Occurring unexpectedly or by chance without intent or volition.

"Act."  The Department of Human Services Act [20 ILCS 1305].

"Administrative action."  Measures taken by the community agency or the facility as a result of the findings or recommendations contained in the investigation that protect individuals from abuse or neglect, prevent recurrences, and eliminate problems.

            "Aggravating circumstance."  Any circumstance related to a finding of abuse or neglect that increases the severity of the act or omission of the employee or agency or facility that is beyond the essential components of a neglect or abuse finding.

"Allegation."  Any assertion, complaint, suspicion or incident when abuse or neglect of individual may have occurred.

"Authorized representative."  The administrative head or executive director of a community agency appointed by the community agency's governing body with overall responsibility for fiscal and programmatic management, or the facility director or hospital administrator of a Department facility.  If this person is implicated in an investigation, the governing body of the community agency or the Secretary of the Department shall be deemed the authorized representative for that investigation.

"Community agency" or "agency."  Any community entity or program providing mental health or developmental disabilities services that is licensed, certified or funded by the Department and not licensed or certified by any other human service agency of the State (e.g., Departments of Public Health, Public Aid, and Children and Family Services).

"Complainant."  The required reporter or any person who reports a death or an allegation of abuse or neglect directly to OIG.

"Complaint."  A report of a death or an allegation of abuse or neglect reported directly to OIG.

"Credible evidence."  Any evidence that relates to the allegation or incident and that is considered believable and reliable.

"Day."  Working day, unless otherwise specified.

"Deflection."  Those situations in which an individual is presented for admission to a facility or agency and the facility or agency staff do not admit.  This includes triage, redirection and denial of admission.

"Department."  The Department of Human Services.

"Egregious neglect."  The substantive failure by an employee to provide adequate medical or personal care or maintenance that results in the death, serious medical condition, or serious deterioration of an individual's physical or mental condition, as determined by the Inspector General.

"Employee."  Any person currently (or formerly) providing services at the direction of the owner or operator of the facility or the community agency on or off site.  The service relationship can be with the individual, the facility or agency.  Also, any employee or contractual agent of the Department of Human Services involved in providing or monitoring or administering mental health or developmental services.  This includes but is not limited to payroll personnel, contractors, subcontractors, and volunteers.

            "Facility."  A mental health or developmental disabilities center operated by the Department.

"Final report."  A completed investigative report approved by the Inspector General that summarizes the evidence and that indicates whether the allegation of abuse or neglect is substantiated, unsubstantiated, or unfounded based on the evidence gathered from the investigation, when the reconsideration and response period has expired.

"Imminent danger."  A preliminary determination of immediate, threatened or impending risk of illness, mental injury, or physical injury or deterioration to an individual's health that requires immediate action.

"Individual."  Any person receiving mental health or developmental disabilities services from a facility or community agency operated, licensed, certified, or funded by the Department.

"Medical treatment."  Any treatment, other than diagnostic procedures, that may only be ordered or rendered to an individual by a physician or dentist regarding an injury.

"Mental injury."  Harm caused by an act or omission that precipitates emotional distress or maladaptive behavior in the individual, or could precipitate emotional distress or maladaptive behavior, including the use of words, signs, gestures or other actions toward or about and in the presence of individuals.

"Mitigating circumstance."  Any circumstance that, although it does not change a substantiated finding of abuse or neglect, lessens the culpability or severity of the act or omission by the employee, facility or community agency.

"Neglect."  The failure to provide adequate medical or personal care or maintenance, which failure results in physical or mental injury to an individual or in the deterioration of an individual's physical or mental condition.

"OIG."  The Office of Inspector General of the Department.

"Physical abuse."  Physical injury as defined in this Section.

"Physical injury."  Physical harm to an individual caused by any non-accidental act or omission.

            "Preliminary report."  An investigative report that summarizes the evidence in an investigation with a recommendation as to whether the findings of the investigation indicate that the allegation should be substantiated, unsubstantiated, or unfounded.

"Preponderance of the evidence."  Proof sufficient to persuade the finder of fact that a proposition is more likely true than not true.

"Required reporter."  Any employee who suspects, witnesses, or is informed of an allegation of abuse or neglect.

"Routine programmatic."  Refers to services provided as part of the individual's habilitation plan, treatment plan, or as a regular or ongoing component of the community agency's or facility's general services or practices.

"Secretary."  The Secretary of the Department or his or her designee.

"Serious injury."  An injury that requires medical treatment.

"Sexual abuse."  Any act of sexual contact, sexual penetration, sexual coercion, or sexual exploitation of an individual.

"Sexual contact."  Inappropriate contact between an individual receiving services and another person involving either an employee's genital area, anus, buttocks or breasts or an individual's genital area, anus, buttocks or breasts.

"Substantiated."  A preponderance of the evidence found during any investigation indicates that abuse or neglect occurred.

"Unfounded." There is no credible evidence to support the allegation that abuse or neglect occurred.

"Unsubstantiated."  There is credible evidence, but less than a preponderance of evidence to show that abuse or neglect occurred.

(Source:  Amended at 32 Ill. Reg. 8132, effective May 16, 2008)