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90_HB3319
New Act
Creates the Long-Term Care Admissions Protection Act.
Provides that if the public guardian is notified of an
alleged abused or neglected elderly person who is being
discharged from a hospital to a long-term care facility and
if the public guardian determines that the elderly person is
a victim of abuse or neglect, the public guardian shall
initiate an expedited proceeding to obtain an emergency ex
parte order requiring that the abused or neglected elderly
person remain in the long-term care facility for the
protection of the elderly person. Provides that the order
shall expire after 60 days. Provides that the elderly person
or a family member may file a motion to vacate the order,
which order shall be vacated if the court determines that the
elderly person is not at risk of being abused or neglected.
LRB9009720SMdv
LRB9009720SMdv
1 AN ACT regarding the protection of the elderly from abuse
2 and neglect.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 1. Short title. This Act may be cited as the
6 Long-Term Care Admissions Protection Act.
7 Section 5. Purpose. It is the intent of the General
8 Assembly that all persons who are admitted to long-term care
9 facilities as a result of abuse or neglect shall be afforded
10 proper protection from the abuse or neglect by having the
11 person remain in the facility if the court deems it necessary
12 for the protection of the elderly person. This Act is
13 intended to provide an expedited procedure for the immediate
14 protection of the elderly person pending the entry of a
15 guardianship order or an order of protection if either of
16 these are petitioned for in separate proceedings.
17 Section 10. Definitions. As used in this Act, unless
18 the context otherwise requires:
19 "Abuse" means any physical injury, sexual abuse, or
20 mental injury inflicted on an elderly person other than by
21 accidental means.
22 "Domestic living situation" means a residence where the
23 elderly person lives alone or with one or more family
24 members, a caretaker, or some other person.
25 "Elderly person" means a person 60 years of age or older.
26 "Hospital" has the meaning ascribed to that term in the
27 Hospital Licensing Act.
28 "Long-term care facility" has the meaning ascribed to
29 that term in the Nursing Home Care Act.
30 "Neglect" means: (i) another individual's failure to
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1 provide an elderly person with or the willful withholding
2 from an elderly person of the necessities of life including,
3 but not limited to, food, clothing, shelter, or medical care;
4 or (ii) self-neglect.
5 Section 15. Reporting abuse and neglect of elderly
6 persons.
7 (a) If a law enforcement officer, social services
8 provider, or other person discovers an elderly person in a
9 domestic living situation who is suffering from abuse or
10 neglect and, as a result, the elderly person is transported
11 to a hospital to address the abuse or neglect, the law
12 enforcement officer, social services provider, or other
13 person shall make a full written report of the circumstances
14 requiring the elderly person to need medical attention.
15 The report shall include, at a minimum, the condition of
16 the elderly person's domestic living situation upon
17 discovery, the name and relationship to the elderly person of
18 any person living with the elderly person, if any, and the
19 physical condition of the elderly person based on the elderly
20 person's appearance and any comments made by the elderly
21 person or other persons living with or who know the elderly
22 person about the elderly person's condition. The law
23 enforcement officer, social services provider, or other
24 person shall provide a copy of the report to the social
25 services personnel at the hospital where the elderly person
26 is taken.
27 (b) If an elderly person arrives at a hospital suffering
28 from abuse or neglect, social services personnel at the
29 hospital shall interview the elderly person and use other
30 means to determine how the elderly person became abused or
31 neglected. The social services personnel shall complete a
32 report of their findings. The report shall include a summary
33 of the medical condition of the elderly person.
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1 (c) If the elderly person is discharged from the
2 hospital to a long-term care facility, the social services
3 personnel of the hospital shall ensure that the report made
4 by the person who originally discovered the abused or
5 neglected elderly person, along with the report of the social
6 services personnel at the hospital is provided to the
7 long-term care facility.
8 Section 20. Report to public guardian; petition by
9 public guardian.
10 (a) If an elderly person who arrived at a hospital
11 suffering from abuse or neglect is discharged to a long-term
12 care facility and the elderly person has no legal guardian,
13 the social services personnel of the hospital shall
14 immediately contact the office of public guardian to request
15 that a proceeding be initiated to protect the abused or
16 neglected elderly person upon that person's admission to the
17 long-term care facility. The social services personnel shall
18 immediately provide the public guardian with copies of the
19 report by the social services personnel of the hospital and
20 the report by the law enforcement officer, social services
21 provider, or other person who discovered the abused or
22 neglected elderly adult.
23 (b) Upon notification by social services personnel at a
24 hospital that an abused or neglected elderly person is being
25 discharged to a long-term care facility and is in need of
26 protection, and if the public guardian determines that the
27 elderly person is a victim of abuse or neglect, the public
28 guardian shall initiate an expedited proceeding to obtain an
29 order requiring that the abused or neglected elderly person
30 remain in the long-term care facility for the protection of
31 the elderly person.
32 Section 25. Petition for an emergency order protecting
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1 an abused or neglected elderly person.
2 (a) The petition shall be filed in the circuit court in
3 the county where the long-term care facility is located,
4 naming the elderly person as respondent, and praying that the
5 elderly person be required to remain in a long-term care
6 facility to protect the elderly person.
7 (b) The petition shall be filed within 24 hours after
8 the public guardian is notified under Section 20, or within
9 24 hours after the admission of the elderly person into the
10 long-term care facility, whichever is later, and shall be
11 treated as an expedited proceeding.
12 (c) The petition shall be in writing and shall allege
13 that that the elderly person has been abused or neglected by
14 another person or is a victim of self-neglect and that it is
15 in the best interest of the elderly person that an emergency
16 ex parte order be entered requiring that the elderly person
17 remain in a long-term care facility until the matter can
18 properly be addressed through other means or until the
19 expiration of the order, whichever occurs first. Copies of
20 the reports by the social services personnel of the hospital
21 and by the law enforcement officer, social services provider,
22 or other person who discovered the abused or neglected
23 elderly person shall be attached to the petition.
24 Section 30. Order protecting elderly person. The court
25 may enter en emergency ex parte order requiring the elderly
26 person to remain in the long-term care facility upon a
27 showing of the necessity for the order for the welfare and
28 protection of the alleged abused or neglected elderly person.
29 The court order shall state the actual abuse or neglect that
30 necessitates the protective order. The protective order
31 shall expire 60 days after its entry or upon appointment of a
32 temporary guardian in a guardianship proceeding or the entry
33 of a plenary order of protection.
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1 The person found to be an abused or neglected elderly
2 person or any family member proposing suitable living
3 arrangements for the elderly person may file a motion
4 requesting that the protective order be vacated. If the court
5 determines, after considering the petition and any other
6 evidence that the court deems relevant, that the elderly
7 person is not at risk of being abused or neglected if the
8 order is vacated, the court shall vacate the order.