TITLE 59: MENTAL HEALTH
CHAPTER I: DEPARTMENT OF HUMAN SERVICES
PART 50 OFFICE OF INSPECTOR GENERAL INVESTIGATIONS OF ALLEGED ABUSE OR NEGLECT IN STATE-OPERATED FACILITIES AND COMMUNITY AGENCIES
SECTION 50.30 RESPONSIBILITIES OF OIG FOR INTAKE ASSESSMENT
Section 50.30 Responsibilities of OIG for Intake Assessment
a) Availability of OIG
OIG shall be available 24 hours a day to assess reports of allegations of abuse, neglect financial exploitation or death and provide any technical assistance with making the report.
b) Responsibility of OIG for receiving the report
OIG staff receiving the report of the allegation are responsible for assessing, based on the information received at intake, whether the allegation could constitute abuse, neglect, or financial exploitation and whether OIG has the authority to investigate in accordance with the Act. OIG shall make these assessments within one day after receiving the call.
c) Reports involving routine programmatic, licensure or certification matters
1) OIG shall have no supervision over or involvement in routine, programmatic, licensure or certification operations of the Department, the Bureau of Accreditation, Licensure and Certification, or any of the Department's funded agencies. (Section 1-17(a) of the Act)
2) If the reported allegation relates to licensure or certification standards or routine programmatic operations and is deemed not to be abuse, neglect or financial exploitation, OIG shall refer the allegation to the appropriate agency or unit of government.
3) If the reported allegation is not within OIG's authority or does not constitute abuse, neglect or financial exploitation, OIG shall refer the complainant to the appropriate agency or unit of government.
d) Investigations by two or more State agencies
When two or more State agencies could investigate an allegation of abuse or neglect at a community agency or facility, OIG shall not conduct an investigation that is redundant to an investigation conducted by another State agency (Section 1-17(a) of the Act) unless another State agency has requested that OIG participate in the investigation (such as the Departments of State Police, Children and Family Services, or Public Health).
e) Referral to the Department of State Police/Local Law Enforcement
The Inspector General shall, within 24 hours after determining that there is credible evidence indicating that a criminal act may have been committed in connection with an allegation of abuse, neglect, financial exploitation or death of an individual served by a facility or agency, or that law enforcement expertise is required, refer those allegations to the Department of State Police or ensure that notification is made to the respective local law enforcement entity for investigation in accordance with Section 1-17(l) of the Act.
f) Authorized representative
If the allegation of abuse, neglect or financial exploitation is within the jurisdiction of OIG, the authorized representative or his or her designee of a community agency or facility shall:
1) Ensure the immediate health and safety of involved individuals and employees, including ordering medical examinations when applicable; and
2) Remove alleged accused employees from having contact with individuals at the facility or agency when there is credible evidence supporting the allegation of abuse pending the outcome of any further investigation, prosecution or disciplinary action against the employee [405 ILCS 5/3-210]; and
3) Ensure OIG is notified; and
4) Unless otherwise directed by OIG, initiate the preliminary steps of the investigation by a designated employee who has been trained in the OIG-approved methods to gather evidence and documents and for whom there is no conflict of interest. This may include the need to:
A) Secure the scene of the incident and preserve evidence, if applicable;
B) Identify, separate potential witnesses, and interview when applicable;
C) Identify and record the names of all persons at the scene at the time of the incident and, when relevant, those who had entered the scene prior to the scene being secured;
D) Secure all relevant documents and physical evidence, such as clothing, if applicable;
E) Photograph the scene of the incident and the individual's injury, when applicable.
g) OIG may determine what further action, if any, is necessary to protect the safety of any individual, secure the scene of the alleged incident, preserve the evidence and maintain the integrity of the investigation. Such action may include immediate emergency referrals (such as medical or housing services), the notification of law enforcement officials, requesting hospital services or contacting the Department or other State agencies for assistance.
(Source: Amended at 34 Ill. Reg. 5239, effective March 25, 2010)