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 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 or neglect 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 or neglect, 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 or neglect, 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

The Inspector General shall, within 24 hours after receiving a report of an allegation of abuse or neglect or death of an individual served by a facility, determine whether the evidence indicates that any possible criminal act has been committed, or law enforcement expertise is required, and shall refer such allegations to the Department of State Police for investigation in accordance with Section 1-17(b) of the Act. Also see Section 50.50(h)(1) of this Part.

f)          Authorized representative

If the allegation constitutes abuse or neglect and 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 removing alleged accused employees from having contact with the involved individuals when there is credible evidence supporting the allegation of abuse and neglect;

2)         Ensure OIG is notified; and

3)         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 conduct initial interviews and 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 and separate potential witnesses, 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 32 Ill. Reg. 8132, effective May 16, 2008)