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 50.60 PROCESSING INVESTIGATIVE REPORTS, RECONSIDERATION AND CLARIFICATION REQUEST REQUIREMENTS, AND THE CONTENTS OF CASE FILES
Section 50.60 Processing Investigative Reports, Reconsideration and Clarification Request Requirements, and the Contents of Case Files
a) Processing Investigative Reports
1) Upon receipt of an investigative report, the Inspector General will determine whether to accept the findings.
2) When the Inspector General determines that abuse, neglect or financial exploitation of an individual is substantiated against an employee, the Inspector General shall note in the investigative report any aggravating or mitigating circumstances as those terms are defined in this Part.
3) When the Inspector General substantiates neglect against an employee, the Inspector General shall make a determination in the investigative report if the neglect is egregious.
4) Finalizing Investigative Reports and Notifications to Community Agencies and Facilities
A) After determining the finding, for substantiated cases, unsubstantiated cases and unfounded cases with recommendations, the Inspector General shall notify the community agency or facility by submitting to it a copy of the investigative report. The director of the facility or agency shall be responsible for maintaining the confidentiality of the investigative report consistent with State and federal law. For unfounded cases without recommendations, a letter of finding will be sent to the facility or agency.
B) The community agency or facility shall submit a written response when required as described in Section 50.80.
5) After determining the finding in all cases, in addition to the facility or agency, the Inspector General shall also notify the following parties:
A) the complainant;
B) the individual who was allegedly abused, neglected or financially exploited or his or her legal guardian (if applicable); and
C) the person alleged to have committed the offense.
6) The notice provided to the following parties shall identify the outcome of the investigation and include a statement of the right to request clarification or reconsideration of the finding:
A) the individual who was allegedly abused, neglected or financially exploited or his or her legal guardian (if applicable);
B) the person alleged to have committed the offense; and
C) the facility or agency.
7) In substantiated cases, the Inspector General shall provide the perpetrator and the victim or guardian with a redacted copy of the investigative report.
b) Reconsideration and clarification requirements: Requests that the Inspector General provide clarification of the findings or reconsideration of the findings or the recommendations must be submitted within 15 days after receipt of the report or notification of the findings.
1) All clarification and reconsideration requests must be in writing.
2) Community agency or facility clarification and reconsideration requests must be on letterhead signed by the authorized representative.
3) All clarification and reconsideration requests must clearly identify the nature of the request and reconsideration requests must clearly indicate the specific findings and/or specific recommendations to be considered.
4) Reconsideration requests shall be subject to a multi-layer review and shall include at least one reviewer who did not participate in the investigation or approval of the original investigative report.
5) If a reconsideration request is denied or after clarification has been provided, the community agency or facility shall submit a written response as set forth in Section 50.80.
6) If the Inspector General determines further investigation is necessary based on the request for reconsideration or clarification of the findings, the investigation shall be reopened and an amended investigative report shall be issued.
(Source: Amended at 43 Ill. Reg. 3878, effective March 15, 2019)