Section 270.255  ANE Case Work, Follow-Up, Referral to Law Enforcement and Case Closure

a)         Case Work

            Provider agencies shall assist, to the extent possible, eligible adults who need agency services to allow them to continue to function independently. [320 ILCS 20/3(c)]  If, after the assessment, the provider agency determines that the case is substantiated, it shall develop a service care plan for the eligible adult, where the adult consents to services.

b)         Follow-up

            All services provided to an eligible adult shall be reviewed by the provider agency on at least a quarterly basis for up to one year to determine whether the service care plan should be continued or modified except that, upon review, the Department may grant a waiver to extend the service care plan for up to one additional year. [320 ILCS 20/7]

c)         Referral

            A provider agency shall refer evidence of crimes against an eligible adult to the appropriate law enforcement agency according to Department policies.  A referral to law enforcement may be made at intake or any time during the case. Where a provider agency has reason to believe the death of an eligible adult may be the result of abuse or neglect, the agency shall immediately report the matter to the coroner or medical examiner and shall cooperate fully with any subsequent investigation. [320 ILCS 20/5(b)]

d)         The "evidence of crimes" referred to in subsection (c) includes:

1)         death that may have been the result of abuse or neglect;

2)         brain damage;

3)         loss or substantial impairment of a bodily function or organ;

4)         bone fracture;

5)         extensive burns;

6)         substantial disfigurement;

7)         sexual assault or aggravated sexual assault;

8)         serious bodily injury as the result of a pattern of repetitive actions;

9)         extensive swelling or bruising, depending on such factors as the eligible adult's physical condition, circumstances under which the injury occurred, and the number and location of bruises;

10)         serious symptoms resulting from the use of medications or chemical restraints, or the withholding of life sustaining medications (e.g., insulin);

11)         evidence of severe neglect, such as unreasonable decubiti;

12)         other activity that would place the eligible adult in imminent danger of death or serious bodily injury; or

13)         any felonious criminal activity directed at the eligible adult that the caseworker directly observes.

e)         Case Closure

            An elder abuse provider agency shall close a case when:

1)         the victim refuses services;

2)         the victim is deceased, unless the death was the apparent result of the ANE;

3)         the victim has entered a long term care facility and resided there for 60 days; provided the Department may waive the 60 day limitation in cases where the provider agency submits evidence that such a waiver is necessary to protect the safety and well being of the client;

4)         the victim has moved out of the area; provided, if the victim remains at risk and the elder abuse provider agency is aware of the new location, the provider agency shall refer the case to the elder abuse provider agency in the location of the new residence for case work and follow-up services;

5)         the victim is no longer at risk of ANE;

6)         the victim has received "uninterrupted" follow-up services for 12 months, which shall be considered an "administrative closure"; or

7)         the report is not substantiated.

(Source:  Amended at 30 Ill. Reg. 8913, effective April 28, 2006)