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 50.70 COMPLETED INVESTIGATIONS


 

Section 50.70  Completed Investigations

 

a)         The investigative report and the investigation shall be considered complete 30 calendar days after the notice required in Section 50.60(a)(5)(A) has been sent to the facility or agency, barring cases when a reconsideration request has been granted to any requestor.

 

b)         Distribution of Completed Investigative Reports

 

1)         Within 10 days after the transmittal of a completed investigative report substantiating an allegation, finding an allegation is unsubstantiated, or if a recommendation is made, the Inspector General shall provide the investigative report on the case to the Secretary and to the director of the facility or agency where the abuse, neglect or financial exploitation occurred.  The director of the facility or agency shall be responsible for maintaining the confidentiality of the investigative report consistent with State and federal law.  (Section 1-17(m) of the Act)

 

2)         The Inspector General shall provide a completed investigative report within 10 calendar days to Equip for Equality, Inc., and the Illinois Guardianship and Advocacy Commission.

 

3)         The Inspector General shall provide a completed investigative report of all substantiated cases from Department facilities serving individuals with developmental disabilities within 10 calendar days to the Illinois Department of Public Health and the Department's Office of Developmental Disabilities.

 

4)         The Inspector General shall provide a completed investigative report of all substantiated cases from Department facilities serving individuals with mental illness within 10 calendar days to the Department's Office of Mental Health.

 

5)         If the Inspector General substantiates abuse, neglect or financial exploitation at a community agency serving individuals with developmental disabilities or recommends administrative action, the investigative report shall be provided to the Department's Office of Developmental Disabilities within 10 calendar days.

 

6)         If the Inspector General substantiates abuse, neglect or financial exploitation at a community agency serving individuals with mental illness or recommends administrative action, the investigative report shall be provided to the Department's Office of Mental Health within 10 calendar days.

 

7)         The Inspector General shall provide a completed investigative report of all cases of abuse, neglect or financial exploitation in community agencies within 10 calendar days after closure to the Department's Bureau of Accreditation, Licensure and Certification.

 

8)         The Inspector General shall provide a completed investigative report in all cases substantiating abuse, neglect or financial exploitation against a Department employee within 10 calendar days to the Department's Bureau of Labor Relations.

 

9)         The Inspector General shall provide a completed investigative report substantiating abuse, neglect or financial exploitation if a legal issue is involved within 10 calendar days to the Department's General Counsel.

 

10)        When an accused employee in a substantiated case is licensed by the Department of Financial and Professional Regulation, the Inspector General shall provide a copy of the investigative report to that agency.

 

c)         The Office of the Inspector General shall inform the accused employee of the results of a reconsideration request or of any changes in the finding that resulted from a reconsideration request within 15 days.

 

d)         If the finding substantiates physical abuse, sexual abuse, egregious neglect or financial exploitation, the Inspector General shall report the identity of the accused employee and finding to the Health Care Worker Registry.  The Inspector General shall notify the accused employee of the right to appeal the action that will place his or her identity on the Health Care Worker Registry as described in Section 50.90.

 

e)         Release of Investigative Reports

 

1)         All investigative reports prepared by the Office of the Inspector General shall be considered confidential and shall not be released except as provided by the law of this State or as required under applicable federal law.  (Section 1-17(m) of the Act)

 

2)         Substantiated findings shall be released in accordance with the Act, the Mental Health and Developmental Disabilities Confidentiality Act [740 ILCS 110] and the Freedom of Information Act [5 ILCS 140].

 

3)         Unsubstantiated and unfounded investigative reports shall not be disclosed except as allowed pursuant to Section 6 of the Abused and Neglected Long Term Care Facility Residents Reporting Act [210 ILCS 30] or a valid court order. (Section 1-17(m) of the Act)

 

4)         The identity of any person as a complainant shall remain confidential in accordance with the Freedom of Information Act [5 ILCS 140], or unless authorized by the complainant in writing.  The identity of a required reporter shall only remain confidential under certain circumstances as determined by OIG on a case-by-case basis.

 

f)         Release of Unredacted Investigative Reports and Raw Data

Unredacted investigative reports, as well as raw data, may be shared, upon written request, with local law enforcement, state's attorney's offices and coroner's offices.

 

g)         Recommendations for Sanctions

 

1)         The Inspector General may recommend to the Secretary of the Department of Human Services that sanctions be imposed against facilities or community agencies to protect residents, including:

 

A)        appointment of on-site monitors or receivers;

 

B)        transfer or relocation of an individual or individuals;

 

C)        closure of units; and

 

D)        Termination of any one or more of the following:

 

i)          Department licensing;

 

ii)         Department funding; or

 

iii)        Department certification.

 

2)         The Inspector General may seek the assistance of the Attorney General of Illinois or the State's attorney for imposing sanctions listed in subsection (g)(1).

 

(Source:  Amended at 43 Ill. Reg. 3878, effective March 15, 2019)