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90_SB0754
SEE INDEX
Creates the Vulnerable Adults Act. Requires certain
categories of professionals to report maltreatment of persons
at least 18 years of age who are institutionalized in
hospitals, nursing care facilities and other institutions or
who are impaired because of physical, mental, or emotional
dysfunction to the Departments of Public Health, Human
Services, or Aging who are responsible for licensing the
facilities. Exempts from civil and criminal liability a
person who makes a good faith report to the agency in which a
report is required to be made. Establishes procedures for
investigating allegations of maltreatment. Amends various
Acts related to abused adults. Amends the Criminal Code of
1961. Repeals the offenses of abuse and gross neglect of
long term care facility resident, criminal neglect of an
elderly or disabled person, and financial exploitation of an
elderly or disabled person. Creates the offenses of criminal
abuse of a vulnerable adult, criminal neglect of a vulnerable
adult, and financial exploitation of a vulnerable adult.
Establishes penalties.
LRB9002305RCcb
LRB9002305RCcb
1 AN ACT in relation to abused and financially exploited
2 adults, and amending named Acts.
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 Vulnerable Adults Act.
7 Section 5. Public policy. The General Assembly declares
8 that the public policy of this State is to protect adults
9 who, because of physical or mental disability, or dependency
10 on institutional services, are particularly vulnerable to
11 maltreatment. The General Assembly also finds that the
12 protection of vulnerable adults should extend beyond
13 institutional settings, to all settings where these persons
14 live or receive care.
15 In addition, it is the policy of this State to require
16 the reporting of suspected maltreatment of vulnerable adults,
17 to provide for the voluntary reporting of maltreatment of
18 vulnerable adults, and to require the investigation of
19 reports made.
20 Section 10. Definitions. For the purposes of this Act,
21 the following terms have the meanings given them in this
22 Section, unless otherwise specified:
23 (a) "Abuse" means:
24 (1) An act against that constitutes a violation of,
25 an attempt to violate, or aiding and abetting a violation
26 of Sections 11-14.1, 11-15, 11-16, 11-19, 12-1, 12-2,
27 12-3, 12-3.2, 12-4, 12-4.1, 12-4.2, 12-4.3, 12-4.5,
28 12-4.6, 12-4.7, 12-13, 12-14, 12-15 or 12-16 of the
29 Criminal Code of 1961;
30 A violation includes any action that meets the
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1 elements of the crime, regardless of whether there is a
2 criminal proceeding or conviction.
3 (2) Conduct that is not an accident or therapeutic
4 conduct as defined in this Section, that produces or
5 could reasonably be expected to produce physical pain or
6 injury, mental injury or emotional distress including,
7 but not limited to, the following:
8 (i) hitting, slapping, kicking, pinching,
9 biting, or corporal punishment of a vulnerable
10 adult;
11 (ii) use of oral, written, or gestured
12 language toward a vulnerable adult or the treatment
13 of a vulnerable adult in a manner that would be
14 considered by a reasonable person to be disparaging,
15 derogatory, humiliating, harassing, or threatening;
16 and
17 (iii) use of any aversive or deprivation
18 procedure, unreasonable confinement, or involuntary
19 seclusion, including the forced separation of the
20 vulnerable adult from other persons against the will
21 of the vulnerable adult or the legal representative
22 of the vulnerable adult, except as may be authorized
23 by law.
24 (3) Any sexual conduct or penetration as defined in
25 Section 12-12 of the Criminal Code of 1961, between a
26 facility staff person or a person providing services in
27 or through a facility and a resident, patient, or client
28 of that facility.
29 (4) The act of forcing, compelling, coercing, or
30 enticing a vulnerable adult against the vulnerable
31 adult's will to perform services for the advantage of
32 another.
33 (5) For purposes of this Act, a vulnerable adult is
34 not abused for the sole reason that the vulnerable adult
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1 or a person with authority to make health care decisions
2 for the vulnerable adult under the laws of this State
3 refuses consent or withdraws consent, consistent with
4 that authority and within the boundary of reasonable
5 medical practice, to any therapeutic conduct, including
6 any care, service, or procedure to diagnose, maintain, or
7 treat the physical or mental condition of the vulnerable
8 adult or, where permitted under law, to provide nutrition
9 and hydration parenterally or through intubation. This
10 paragraph does not enlarge or diminish rights otherwise
11 held under law by:
12 (i) a vulnerable adult or a person acting on
13 behalf of a vulnerable adult, including an involved
14 family member, to consent to or refuse consent for
15 therapeutic conduct; or
16 (ii) a caregiver to offer or provide or refuse
17 to offer or provide therapeutic conduct.
18 (6) For purposes of this Act, a vulnerable adult is
19 not abused for the sole reason that the vulnerable adult,
20 a person with authority to make health care decisions for
21 the vulnerable adult, or a caregiver in good faith
22 selects and depends upon spiritual means or prayer for
23 treatment or care of disease or remedial care of the
24 vulnerable adult in lieu of medical care, provided that
25 this is consistent with the prior practice or belief of
26 the vulnerable adult or with the expressed intentions of
27 the vulnerable adult.
28 (b) "Accident" means a sudden, unforeseen, and
29 unexpected occurrence or event that:
30 (1) is not likely to occur and that could not have
31 been prevented by exercise of due care; and
32 (2) if occurring while a vulnerable adult is
33 receiving services from a facility, happens when the
34 facility and the employee or person providing services in
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1 the facility are in compliance with the laws and rules
2 relevant to the occurrence or event.
3 (c) "Caregiver" means an individual or facility who has
4 responsibility for the care of a vulnerable adult as a result
5 of a family relationship, who has assumed responsibility for
6 all or a portion of the care of a vulnerable adult
7 voluntarily, by contract, or by agreement, or has assumed
8 responsibility for all or a portion of the care of a
9 vulnerable adult under appointment by a public or private
10 agency or by a court of competent jurisdiction.
11 (d) "Common entry point" means the lead agency, as
12 defined in this Section, having responsibility to investigate
13 reports filed with respect to the particular program or
14 circumstance on which a report is being made.
15 (e) "Facility" means:
16 (1) a hospital or other entity required to be
17 licensed under the Hospital Licensing Act; a facility or
18 long-term care facility required to be licensed to serve
19 adults under the Nursing Home Care Act; a facility
20 required to be licensed to serve adults under the
21 Community Living Facilities Licensing Act; a facility
22 governed by the Life Care Facilities Act; an agency
23 required to be licensed under the Home Health Agency
24 Licensing Act; a hospice required to be licensed under
25 the Hospice Program Licensing Act; a community
26 residential alternative required to be licensed under the
27 Community Residential Alternatives Licensing Act; an
28 agency required to be licensed under the Nurse Agency
29 Licensing Act; a respite care provider as defined in the
30 Respite Program Act; an agency licensed under the
31 Community-Integrated Living Arrangements Licensure and
32 Certification Act; a day training program certified by
33 the Department of Human Services; a facility required to
34 be licensed under the Supportive Residences Licensing
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1 Act; and any mental health facility or developmental
2 disability facility, as defined in the Mental Health and
3 Developmental Disabilities Code; and
4 (2) a provider or person or organization that
5 offers, provides, or arranges for home care, personal
6 assistants or other personal care services. The term
7 facility, as used in this context, does not refer to the
8 client's home or other location at which services are
9 rendered.
10 (f) "Unsubstantiated" means a preponderance of the
11 evidence shows that an act that meets the definition of
12 maltreatment did not occur.
13 (g) "Final disposition" is the determination of an
14 investigation by a lead agency that a report of maltreatment
15 under this Act is substantiated, inconclusive, or
16 unsubstantiated. When a lead agency determination has
17 substantiated maltreatment, the final disposition also
18 identifies, if known, which individual or individuals were
19 responsible for the substantiated maltreatment, and whether a
20 facility was responsible for the substantiated maltreatment.
21 (h) "Financial exploitation" means:
22 (1) In breach of a fiduciary obligation recognized
23 elsewhere in law, including pertinent regulations,
24 contractual obligations, documented consent by a
25 competent person, guardianship established under Article
26 XI of the Probate Act of 1975, or the obligations of an
27 agent under the Illinois Power of Attorney Act a person:
28 (i) engages in unauthorized expenditure of
29 funds entrusted to the actor by the vulnerable adult
30 that results or is likely to result in detriment to
31 the vulnerable adult; or
32 (ii) fails to use the financial resources of
33 the vulnerable adult to provide food, clothing,
34 shelter, health care, therapeutic conduct or
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1 supervision for the vulnerable adult, and the
2 failure results or is likely to result in detriment
3 to the vulnerable adult.
4 (2) In the absence of legal authority a person:
5 (i) willfully uses, withholds, or disposes of
6 funds or property of a vulnerable adult;
7 (ii) obtains for himself or another the
8 performance of services by a third person for the
9 wrongful profit or advantage of himself or another
10 to the detriment of the vulnerable adult;
11 (iii) acquires possession or control of, or an
12 interest in, funds or property of a vulnerable adult
13 through the use of undue influence, harassment,
14 duress, deception, or fraud; or
15 (iv) forces, compels, coerces, or entices a
16 vulnerable adult against the vulnerable adult's will
17 to perform services for the profit or advantage of
18 another.
19 (3) Nothing in this definition requires a caregiver
20 to provide financial management or supervise financial
21 management for a vulnerable adult except as otherwise
22 required by law.
23 (i) "Immediately" means as soon as possible, but, in any
24 event, no later than 24 hours from the time initial knowledge
25 that the incident occurred has been received.
26 (j) "Inconclusive" means there is less than a
27 preponderance of evidence to show that maltreatment did or
28 did not occur.
29 (k) "Initial disposition" is the lead agency's
30 determination of whether the report will be assigned for
31 further investigation.
32 (l) "Lead agency" is the primary administrative agency
33 responsible for investigating reports made under this Act.
34 (1) The Department of Public Health is the lead
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1 agency for facilities that are licensed or are required
2 to be licensed as hospitals, as facilities or long-term
3 care facilities under the Nursing Home Care Act, as
4 community living facilities, as life care facilities, as
5 home health agencies, as hospice programs, as supportive
6 residence facilities, and as nurse agencies.
7 (2) The Department of Human Services is the lead
8 agency for matters falling within the purview of the
9 Domestic Abuse of Disabled Adults Intervention Act, for
10 home-based support service providers, community
11 residential alternatives, community-integrated living
12 arrangements, day training programs and other programs
13 certified or licensed or required to be certified or
14 licensed as adult day care, adult foster care, programs
15 for persons with developmental disabilities, mental
16 health programs, chemical health programs, personal care
17 provider organizations, or assisted living, residential
18 care and boarding homes or facilities not included within
19 the jurisdiction of another lead agency, when the
20 vulnerable adult who is the subject of the report is
21 under 60 years of age.
22 (3) The Department on Aging is the lead agency for
23 respite care providers, for all senior support services
24 provided through that Department and for all other
25 reports on vulnerable adults for which a lead agency is
26 not otherwise specified, including, but not limited to
27 assisted living, residential care and boarding homes or
28 facilities not included within the jurisdiction of
29 another lead agency, when the vulnerable adult who is the
30 subject of the report is 60 years of age or older.
31 (m) "Legal authority" includes, but is not limited to:
32 (1) a fiduciary obligation recognized elsewhere in law,
33 including pertinent regulations; (2) a contractual
34 obligation; or (3) documented consent by a competent person.
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1 (n) "Maltreatment" means abuse as defined in subsection
2 (a), neglect as defined in subsection (p), or financial
3 exploitation as defined in subsection (h).
4 (o) "Mandated reporter" or "reporter" means:
5 (1) a professional or professional's delegate while
6 engaged in: (i) social services; (ii) law enforcement;
7 (iii) education; (iv) the care of vulnerable adults; and
8 (v) any of the occupations required to be licensed under
9 the Clinical Psychologist Licensing Act, the Clinical
10 Social Work and Social Work Practice Act, the Illinois
11 Dental Practice Act, the Dietetic and Nutrition Services
12 Practice Act, the Marriage and Family Therapy Licensing
13 Act, the Medical Practice Act of 1987, the Naprapathic
14 Practice Act, the Illinois Nursing Act of 1987, the
15 Nursing Home Administrators Licensing and Disciplinary
16 Act, the Illinois Occupational Therapy Practice Act, the
17 Illinois Optometric Practice Act of 1987, the Pharmacy
18 Practice Act of 1987, the Illinois Physical Therapy Act,
19 the Physician Assistant Practice Act of 1987, the
20 Podiatric Medical Practice Act of 1987, the Professional
21 Counselor and Clinical Professional Counselor Licensing
22 Act, the Illinois Speech-Language Pathology and Audiology
23 Practice Act, the Veterinary Medicine and Surgery
24 Practice Act of 1994, and the Illinois Public Accounting
25 Act;
26 (2) an employee of a vocational rehabilitation
27 facility prescribed or supervised by the Department of
28 Human Services;
29 (3) an administrator, employee or person providing
30 services in or through a "facility" as defined in
31 subsection (e);
32 (4) a Christian Science Practitioner;
33 (5) field personnel of the Department of Public
34 Aid, the Department of Public Health and any county or
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1 municipal health department;
2 (6) personnel of the Department of Human Services,
3 the Guardianship and Advocacy Commission, the State Fire
4 Marshal, local fire departments, the Department on Aging
5 and its subsidiary Area Agencies on Aging and provider
6 agencies, and the Office of State Long Term Care
7 Ombudsman, while engaged in providing services to
8 vulnerable adults;
9 (7) any employee of the State of Illinois not
10 otherwise specified herein who is involved in providing
11 services to vulnerable adults, including professionals
12 providing medical or rehabilitation services and all
13 other persons having direct contact with vulnerable
14 adults;
15 (8) any employee of a "financial institution" as
16 defined in Section 1 of the Consumer Deposit Account Act
17 while acting within the scope of his or her employment;
18 (9) any person engaged in the practice of law in
19 this State;
20 (10) any person acting as a dealer, salesperson or
21 investment adviser as those terms are defined in the
22 Illinois Securities Law of 1953; or
23 (11) a person who performs the duties of a coroner
24 or medical examiner.
25 (p) "Neglect" means:
26 (1) The failure or omission by a caregiver to
27 supply a vulnerable adult with care or services,
28 including but not limited to, food, clothing, shelter,
29 health care, or supervision that is:
30 (i) reasonable and necessary to obtain or
31 maintain the vulnerable adult's physical or mental
32 health or safety, considering the physical and
33 mental capacity or dysfunction of the vulnerable
34 adult; and
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1 (ii) not the result of an accident or
2 therapeutic conduct.
3 (2) The absence or likelihood of absence of care or
4 services, including but not limited to, food, clothing,
5 shelter, health care, or supervision necessary to
6 maintain the physical and mental health of the vulnerable
7 adult that a reasonable person would deem essential to
8 obtain or maintain the vulnerable adult's health, safety,
9 or comfort considering the physical or mental capacity or
10 dysfunction of the vulnerable adult.
11 (3) For purposes of this Act, a vulnerable adult is
12 not neglected for the sole reason that:
13 (i) the vulnerable adult or a person with
14 authority to make health care decisions for the
15 vulnerable adult, refuses consent or withdraws
16 consent, consistent with that authority and within
17 the boundary of reasonable medical practice, to any
18 therapeutic conduct, including any care, services,
19 or procedure to diagnose, maintain, or treat the
20 physical or mental condition of the vulnerable
21 adult, or, where permitted under law, to provide
22 nutrition and hydration parenterally or through
23 intubation; this paragraph does not enlarge or
24 diminish rights otherwise held under law by:
25 (I) a vulnerable adult or a person acting
26 on behalf of a vulnerable adult, including an
27 involved family member, to consent to or refuse
28 consent for therapeutic conduct; or
29 (II) a caregiver to offer or provide or
30 refuse to offer or provide therapeutic conduct;
31 or
32 (ii) the vulnerable adult, a person with
33 authority to make health care decisions for the
34 vulnerable adult, or a caregiver in good faith
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1 selects and depends upon spiritual means or prayer
2 for treatment or care of disease or remedial care of
3 the vulnerable adult in lieu of medical care,
4 provided that this is consistent with the prior
5 practice or belief of the vulnerable adult or with
6 the expressed intentions of the vulnerable adult; or
7 (iii) an individual makes a single mistake in
8 the provision of therapeutic conduct to a vulnerable
9 adult that:
10 (I) does not result in injury or harm
11 that reasonably requires the care of a
12 physician or mental health professional,
13 whether or not the care was sought;
14 (II) is immediately reported internally
15 by the employee or person providing services in
16 the facility; and
17 (III) is sufficiently documented for
18 review and evaluation by the facility and any
19 applicable licensing and certification agency.
20 (4) Nothing in this definition requires a
21 caregiver, if regulated, to provide services in excess of
22 those required by the caregiver's license, certification,
23 registration, or other regulation.
24 (q) "Protective services" means services provided to a
25 vulnerable adult who has been abused or neglected, which may
26 include, but are not limited to alternative temporary
27 institutional placement, nursing care, counseling, other
28 social services provided at a facility where the resident
29 resides or at some other facility, personal care and such
30 protective services of voluntary agencies as are available.
31 (r) "Report" means a statement concerning all the
32 circumstances surrounding the alleged or suspected
33 maltreatment, as defined in this Section, of a vulnerable
34 adult that are known to the reporter at the time the
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1 statement is made.
2 (s) "Substantiated" means a preponderance of the
3 evidence shows that an act that meets the definition of
4 maltreatment occurred.
5 (t) "Therapeutic conduct" means the provision of program
6 services, health care, or other personal care services done
7 in good faith in the interests of the vulnerable adult by:
8 (1) an individual, facility, or employee or person providing
9 services in a facility under the rights, privileges and
10 responsibilities conferred by State license, certification,
11 or registration; or (2) a caregiver.
12 (u) "Vulnerable adult" means any person 18 years of age
13 or older who:
14 (1) is a resident or inpatient of a facility;
15 (2) receives services from a home care provider or
16 from a person or organization that offers, provides, or
17 arranges for personal care assistant services; or
18 (3) regardless of residence or whether any type of
19 service is received, possesses a physical or mental
20 infirmity or other physical, mental, or emotional
21 dysfunction:
22 (i) that impairs the individual's ability to
23 provide adequately for the individual's own care
24 without assistance, including the provision of food,
25 shelter, clothing, health care, or supervision; and
26 (ii) because of the dysfunction or infirmity
27 and the need for assistance, the individual has an
28 impaired ability to protect the individual from
29 maltreatment.
30 Section 15. Timing of report.
31 (a) A mandated reporter who has reason to believe that
32 maltreatment of a vulnerable adult is occurring or has
33 occurred, or who has knowledge that a vulnerable adult has
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1 sustained a physical injury that is not reasonably explained
2 shall immediately make a report to the appropriate common
3 entry point. If an individual is a vulnerable adult solely
4 because the individual is admitted to a facility, a mandated
5 reporter is not required to report suspected maltreatment of
6 the individual that occurred prior to admission, unless:
7 (1) the individual was admitted to the facility
8 from another facility and the reporter has reason to
9 believe the vulnerable adult was maltreated in the
10 previous facility; or
11 (2) the reporter knows or has reason to believe
12 that the individual is a vulnerable adult as defined in
13 paragraph (u)(3) of Section 10 of this Act.
14 (b) A person not required to report under the provisions
15 of this Act may voluntarily report as described in subsection
16 (a).
17 (c) Nothing in this Act requires a report of known or
18 suspected maltreatment if the reporter knows or has reason to
19 know that a report has been made to the appropriate common
20 entry point.
21 (d) Nothing in this Act shall preclude a reporter from
22 also reporting to a law enforcement agency.
23 (e) A report made in good faith to any of the designated
24 common entry points shall satisfy the requirements of this
25 Section regardless of whether the common entry point to which
26 the report is made is the appropriate one for the program or
27 circumstance.
28 Section 20. Report not required. The following events
29 are not required to be reported under this Act:
30 (1) A circumstance where federal law specifically
31 prohibits a person from disclosing patient identifying
32 information in connection with a report of suspected
33 maltreatment unless the vulnerable adult, or the vulnerable
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1 adult's guardian, conservator, or legal representative, has
2 consented to disclosure in a manner that conforms to federal
3 requirements. Facilities whose patients or residents are
4 covered by such a federal law shall seek consent to the
5 disclosure of suspected maltreatment from each patient or
6 resident, or a guardian, conservator, or legal
7 representative, upon the patient's or resident's admission to
8 the facility. Persons who are prohibited by federal law from
9 reporting an incident of suspected maltreatment shall
10 immediately seek consent to make a report.
11 (2) Verbal or physical aggression occurring between
12 patients, residents, or clients of a facility, or
13 self-abusive behavior by these persons does not constitute
14 abuse unless the behavior causes serious harm. The operator
15 of the facility or a designee shall record incidents of
16 aggression and self-abusive behavior to facilitate review by
17 licensing or other appropriate agencies.
18 (3) Accidents.
19 (4) Events occurring in a facility that result from an
20 individual's single mistake, as defined in paragraph
21 (p)(3)(iii) of Section 10.
22 (5) Nothing in this Act shall be construed to require a
23 report of financial exploitation solely on the basis of the
24 transfer of money or property by gift or as compensation for
25 services rendered.
26 Section 25. Reporting. A mandated reporter shall
27 immediately make an oral report to the appropriate common
28 entry point. Use of a telecommunications device for the deaf
29 or other similar device shall be considered an oral report.
30 The common entry point may not require written reports,
31 unless a report in writing is otherwise required by law. To
32 the extent possible, the report must be of sufficient content
33 to identify the vulnerable adult, the caregiver, the alleged
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1 perpetrator, the nature and extent of the suspected
2 maltreatment, any evidence of previous maltreatment, the name
3 and address of the reporter, the time, date, and location of
4 the incident, and any other information that the reporter
5 believes might be helpful in investigating the suspected
6 maltreatment. A mandated reporter may disclose records and
7 information otherwise required to be kept confidential under
8 Section 8-802 of the Code of Civil Procedure, the Mental
9 Health and Developmental Disabilities Confidentiality Act, or
10 under any comparable provision, to the extent necessary to
11 comply with this Act.
12 Section 30. Facility reporting procedures.
13 (a) Each facility shall establish and enforce ongoing
14 written procedures in compliance with applicable licensing
15 rules to ensure that all cases of suspected maltreatment are
16 reported. If a facility has an internal reporting procedure,
17 a mandated reporter may meet the reporting requirements of
18 this Act by reporting internally. However, the facility
19 remains responsible for complying with the immediate
20 reporting requirements of this Act.
21 (b) A facility with an internal reporting procedure that
22 receives an internal report by a mandated reporter shall give
23 the mandated reporter a written notice stating whether the
24 facility has reported the incident to the appropriate common
25 entry point. The written notice must be provided within 2
26 working days and in a manner that protects the
27 confidentiality of the reporter.
28 (c) The written response to the mandated reporter shall
29 note that, if the mandated reporter is not satisfied with the
30 action taken by the facility on whether to report the
31 incident to the common entry point, the mandated reporter may
32 report externally.
33 (d) A facility may not prohibit a mandated reporter from
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1 reporting externally, and a facility is prohibited from
2 retaliating against a mandated reporter who reports an
3 incident to a common entry point in good faith. The written
4 notice by the facility must inform the mandated reporter of
5 this protection from retaliatory measures by the facility
6 against the mandated reporter for reporting externally.
7 Section 35. Immunity protection for reporters and
8 investigators.
9 (a) A person who makes a good faith report is immune
10 from any civil or criminal liability or professional
11 disciplinary action that might otherwise result from making
12 the report, or from participating in the investigation, or
13 for failure to comply fully with the reporting obligation
14 under Section 45 of this Act.
15 (b) A person employed by a lead agency or a State
16 licensing agency who is conducting or supervising an
17 investigation or enforcing the law in compliance with this
18 Section or any related rule or provision of law is immune
19 from any civil or criminal liability or professional
20 disciplinary action that might otherwise result from the
21 person's actions, if the person's actions are in good faith
22 and do not constitute wilful and wanton misconduct.
23 (c) A person who knows or has reason to know a report
24 has been made to a common entry point and who in good faith
25 participates in an investigation of alleged maltreatment is
26 immune from civil or criminal liability that otherwise might
27 result from making the report, or from failure to comply with
28 the reporting obligation or from participating in the
29 investigation.
30 (d) The identity of a reporter may not be disclosed,
31 except as provided in Section 85.
32 Section 40. Falsified reports. A person who
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1 intentionally makes a false report under the provisions of
2 this Act shall be liable in a civil suit for any actual
3 damages suffered by the caregiver or person reported and for
4 punitive damages up to $10,000 and attorney's fees.
5 Section 45. Failure to report.
6 (a) Any person who is required to report the
7 maltreatment of a vulnerable adult under Section 15 of this
8 Act, and who does any of the following, is guilty of a Class
9 A misdemeanor:
10 (i) intentionally fails to make such report;
11 (ii) knowingly fails to provide all material
12 information surrounding the subject matter of the report
13 at the time the report is made; or
14 (iii) knowingly provides false, deceptive, or
15 misleading information surrounding the subject matter of
16 the report.
17 (b) A person mandated to report under Section 15 of this
18 Act, who knows or has reason to know that a vulnerable adult
19 has been or is being abused or neglected and intentionally
20 fails to make a report knowing such abuse or neglect resulted
21 in or contributed to the death or great bodily harm to a
22 vulnerable adult, whose failure to report causes or
23 contributes to the death or great bodily harm of a vulnerable
24 adult, or whose failure to report protects the mandated
25 reporter's own interests, is guilty of a Class 4 felony.
26 (c) A mandated reporter who negligently or intentionally
27 fails to report is liable for damages caused by the failure.
28 Nothing in this Act imposes vicarious liability for the acts
29 or omissions of others.
30 Section 50. Evidence not privileged. No evidence
31 regarding the maltreatment of a vulnerable adult shall be
32 excluded in any proceeding arising out of alleged
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1 maltreatment on the grounds of privilege under Sections 8-801
2 or 8-802 of the Code of Civil Procedure.
3 Section 55. Common entry points.
4 (a) Lead agencies defined in subsection (l) of Section
5 10 shall function as common entry points. Lead agencies may
6 provide for the maintenance of a single common entry point.
7 (b) The appropriate common entry point is the unit
8 responsible for receiving the report of suspected
9 maltreatment under this Act.
10 (c) Common entry points shall be available 24 hours per
11 day to take calls from reporters of suspected maltreatment.
12 The common entry points shall establish and maintain a
13 single, State-wide, toll-free telephone number that all
14 persons, whether or not mandated by law, may use to report
15 suspected maltreatment of vulnerable adults at any hour of
16 the day or night, on any day of the week. The common entry
17 points shall jointly establish standards and procedures for
18 using the State-wide number, and shall take appropriate steps
19 to ensure that all persons required to make reports under
20 this Act, as well as members of the general public, are aware
21 of those standards and procedures. The toll-free telephone
22 number required under this subsection shall be operational no
23 later than July 1, 1998.
24 (d) Common entry points shall use a standard intake form
25 that includes:
26 (1) the time and date of the report;
27 (2) the name, address, and telephone number of the
28 person reporting;
29 (3) the time, date, and location of the incident;
30 (4) the names of the persons involved, including
31 but not limited to, perpetrators, alleged victims, and
32 witnesses;
33 (5) whether there is a risk of imminent danger to
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1 the alleged victim;
2 (6) a description of the suspected maltreatment;
3 (7) the disability, if any, of the alleged victim;
4 (8) the relationship of the alleged perpetrator to
5 the alleged victim;
6 (9) whether a facility was involved and, if so,
7 which agency licenses the facility;
8 (10) any action taken by the common entry point;
9 (11) whether law enforcement has been notified;
10 (12) whether the reporter wishes to receive
11 notification of the initial and final reports; and
12 (13) if the report is from a facility with an
13 internal reporting procedure, the name, mailing address,
14 and telephone number of the person who initiated the
15 report internally.
16 (e) Common entry points are not required to complete
17 each item on the form prior to dispatching the report to the
18 appropriate investigative agency.
19 (f) Common entry points shall immediately report to a
20 law enforcement agency any incident in which there is reason
21 to believe one of the crimes listed in paragraph (a)(1) of
22 Section 10 of this Act or the crime of financial exploitation
23 of a vulnerable adult has been committed.
24 (g) If a report is initially made to a law enforcement
25 agency or another common entry point or lead agency, the
26 agency or common entry point shall take the report and
27 immediately forward a copy to the appropriate common entry
28 point.
29 (h) Common entry point staff shall be trained in methods
30 for screening and dispatching reports efficiently and in
31 accordance with this Act.
32 (i) When a centralized database is available, the common
33 entry points must log the reports on the database.
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1 Section 60. Evaluation and referral of reports made to
2 the common entry point. The common entry point shall screen
3 the reports of alleged or suspected maltreatment for
4 immediate risk and make all necessary referrals as follows:
5 (1) if the common entry point determines that there is
6 an immediate need for adult protective services, the common
7 entry point agency shall immediately seek such services
8 through an appropriate agency;
9 (2) if the report contains evidence that, or there is
10 reason to believe that, one of the crimes listed in paragraph
11 (a)(1) of Section 10 of this Act or the crime of financial
12 exploitation of a vulnerable adult has been committed, the
13 common entry point shall immediately notify the appropriate
14 law enforcement agency;
15 (3) if the report references alleged or suspected
16 maltreatment and there is no immediate need for adult
17 protective services, the common entry point shall notify its
18 investigative staff or the appropriate lead agency as soon as
19 possible, but, in any event, within 2 working days;
20 (4) if the report does not reference alleged or
21 suspected maltreatment, the common entry point may determine
22 whether the information will be referred; and
23 (5) if the report contains information about a
24 suspicious death, the common entry point shall immediately
25 notify the appropriate law enforcement agencies. Law
26 enforcement agencies shall coordinate with the local coroner
27 or medical examiner.
28 Section 65. Response to reports.
29 (a) Law enforcement is the primary agency to conduct
30 investigations of any incident in which there is reason to
31 believe one of the crimes listed in paragraph (a)(1) of
32 Section 10 of this Act or the crime of financial exploitation
33 of a vulnerable adult has been committed. Law enforcement
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1 shall initiate a response immediately. If the common entry
2 point notified an appropriate agency for adult protective
3 services, law enforcement shall cooperate with that agency
4 and shall exchange data to the extent authorized in
5 subsection (g) of Section 85. Each lead agency shall
6 complete the investigative process for reports within its
7 jurisdiction. Any other lead agency, adult protective
8 agency, licensed facility, or law enforcement agency shall
9 cooperate and may assist another agency upon request within
10 the limits of its resources and expertise and shall exchange
11 data to the extent authorized in subsection (g) of Section
12 85. The lead agency shall obtain the results of any
13 investigation conducted by law enforcement officials. The
14 appropriate lead agency has the right to enter facilities and
15 inspect and copy records as part of investigations. The lead
16 agency has access to all records and information otherwise
17 required to be kept confidential, that are maintained by
18 facilities to the extent necessary to conduct its
19 investigation. Each lead agency shall develop guidelines for
20 prioritizing reports for investigation.
21 (b) Each lead agency may arrange protective services for
22 any vulnerable adult who requires them when a report of
23 maltreatment has been made. The services shall be arranged
24 for a limited time, as determined by the lead agency to be
25 sufficient for the vulnerable adult to obtain alternative
26 permanent placement with the help of the lead agency if
27 necessary, or for any situation of the vulnerable adult
28 related to the report of maltreatment that needs to be
29 corrected or ameliorated so that the vulnerable adult's
30 continued residence in the facility or home setting may
31 continue without further maltreatment.
32 Section 70. Lead agency dispositions, determinations and
33 notifications.
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1 (a) Upon conclusion of every investigation it conducts,
2 the lead agency shall make a final disposition.
3 (b) When determining whether the facility or an
4 individual is the responsible party for substantiated
5 maltreatment, the lead agency shall consider at least the
6 following mitigating factors:
7 (1) whether the actions of the facility or the
8 individual caregivers were in accordance with, and
9 followed the terms of, an erroneous physician order,
10 prescription, resident care plan, or directive. This is
11 not a mitigating factor when the facility or caregiver is
12 responsible for the issuance of the erroneous order,
13 prescription, plan, or directive or knows or should have
14 known of the errors and took no reasonable measures to
15 correct the defect before administering care;
16 (2) the comparative responsibility between the
17 facility, other caregivers, and requirements placed upon
18 the employee, including but not limited to, the
19 facility's compliance with related regulatory standards
20 and factors such as the adequacy of facility policies and
21 procedures, the adequacy of facility training, the
22 adequacy of an individual's participation in the
23 training, the adequacy of caregiver supervision, the
24 adequacy of facility staffing levels, and a consideration
25 of the scope of the individual employee's authority; and
26 (3) whether the facility or individual followed
27 professional standards in exercising professional
28 judgment.
29 (c) The lead agency shall complete its final disposition
30 within 60 calendar days of receipt of a report. If the lead
31 agency is unable to complete its final disposition within 60
32 calendar days, the lead agency shall notify the following
33 persons provided that the notification will not endanger the
34 vulnerable adult or hamper the investigation: (1) the
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1 vulnerable adult or the vulnerable adult's legal guardian,
2 when known, if the lead agency knows them to be aware of the
3 investigation and (2) the facility, where applicable. The
4 notice shall contain the reason for the delay and the
5 projected completion date. If the lead agency is unable to
6 complete its final disposition by a subsequent projected
7 completion date, the lead agency shall again notify the
8 vulnerable adult or the vulnerable adult's legal guardian,
9 when known, if the lead agency knows them to be aware of the
10 investigation, and the facility, where applicable, of the
11 reason for the delay and the revised projected completion
12 date provided that the notification will not endanger the
13 vulnerable adult or hamper the investigation. A lead
14 agency's inability to complete the final disposition within
15 60 calendar days or by any projected completion date does not
16 invalidate the final disposition.
17 (d) Within 10 calendar days of completing the final
18 disposition, the lead agency shall provide a copy of the
19 public investigation memorandum under paragraph (b)(1) of
20 Section 85, when required to be completed under this Act, to
21 the following persons:
22 (1) the vulnerable adult, or the vulnerable adult's
23 legal guardian, if known, unless the lead agency knows
24 that the notification would endanger the well-being of
25 the vulnerable adult;
26 (2) the reporter, if the reporter requested
27 notification when making the report, provided this
28 notification would not endanger the well-being of the
29 vulnerable adult;
30 (3) the alleged perpetrator, if known; and
31 (4) the facility.
32 (e) The lead agency shall notify the vulnerable adult
33 who is the subject of the report or the vulnerable adult's
34 legal guardian, if known, and any person or facility
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1 determined to have maltreated a vulnerable adult, of their
2 appeal rights under this Act.
3 (f) The lead agency shall routinely provide
4 investigation memoranda for substantiated reports to the
5 appropriate licensing boards. These reports must include the
6 names of substantiated perpetrators. The lead agency shall
7 not provide investigative memoranda for inconclusive or
8 unsubstantiated reports to licensing boards unless the lead
9 agency's investigation gives reason to believe that there may
10 have been a violation of the applicable professional practice
11 laws. If the investigation memorandum is provided to a
12 licensing board, the subject of the investigation memorandum
13 shall be notified and receive a summary of the investigative
14 findings.
15 (g) In order to avoid duplication, licensing boards
16 shall consider the findings of the lead agency in their
17 investigations if they choose to investigate. This does not
18 preclude licensing boards from considering other information.
19 (h) After administrative reconsideration under Section
20 75 or judicial review, where applicable, the lead agency
21 shall provide to the Department of Public Health its final
22 dispositions, including the names of all substantiated
23 perpetrators. The Department shall establish a central
24 register. The central register shall be operated in such a
25 manner as to enable the Department: (1) immediately to
26 identify and locate prior reports or cases of maltreatment,
27 including the names of substantiated perpetrators; and (2)
28 regularly to evaluate the effectiveness of existing laws and
29 programs through the development and analysis of statistical
30 and other information. The Department shall by rule adopt
31 appropriate standards and procedures for the operation of the
32 central register. Only the names of substantiated
33 perpetrators who were acting as compensated caregivers at the
34 time that the maltreatment occurred shall be included in the
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1 central register. The names of substantiated perpetrators
2 maintained in the central register shall be open to public
3 inspection.
4 Section 75. Administrative reconsideration of the final
5 disposition. Any individual or facility that a lead agency
6 determines has maltreated a vulnerable adult, or the
7 vulnerable adult or vulnerable adult's designee, regardless
8 of the lead agency's determination, who contests the lead
9 agency's final disposition of an allegation of maltreatment,
10 may request the lead agency to reconsider its final
11 disposition. The request for reconsideration must be
12 submitted in writing to the lead agency within 15 calendar
13 days after receipt of notice of final disposition.
14 If the lead agency denies the request or fails to act upon
15 the request within 15 calendar days after receiving the
16 request for reconsideration, the person or facility may
17 submit a written request for a hearing to the lead agency.
18 Hearings shall be conducted in accordance with the provisions
19 of Article 10 of the Administrative Procedure Act. If, as a
20 result of the reconsideration, the lead agency changes the
21 final disposition, it shall notify the parties specified in
22 paragraph (d) of Section 70.
23 Section 80. Educational requirements.
24 (a) The Secretary of Human Services, the Directors of
25 Public Health, Aging and State Police, and the Executive
26 Director of the Illinois Law Enforcement Training Standards
27 Board shall cooperate with the Attorney General in the
28 development of a joint program for education of lead agency
29 assigned personnel in the appropriate techniques for
30 investigation of complaints of maltreatment. This program
31 must be developed by September 1, 1998. The program must
32 include but need not be limited to the following areas:
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1 (1) information collection and preservation;
2 (2) analysis of facts;
3 (3) levels of evidence;
4 (4) conclusions based on evidence;
5 (5) interviewing skills, including specialized
6 training to interview persons with unique needs;
7 (6) report writing;
8 (7) coordination and referral to other necessary
9 agencies such as law enforcement and judicial agencies;
10 (8) human relations and cultural diversity;
11 (9) the dynamics of adult maltreatment within
12 family systems and the appropriate methods for
13 interviewing relatives in the course of the assessment or
14 investigation;
15 (10) the protective social services that are
16 available to protect alleged victims from further
17 maltreatment;
18 (11) the methods by which lead agency assigned
19 personnel and law enforcement personnel cooperate in
20 conducting assessments and investigations in order to
21 avoid duplication of efforts; and
22 (12) data practices laws and procedures, including
23 provisions for sharing data.
24 (b) The Attorney General, in cooperation with the
25 designated State agencies, shall offer at least annual
26 education on the requirements of this Act, on how this Act is
27 implemented, and investigation techniques.
28 (c) The Attorney General, in cooperation with the
29 designated State agencies, shall provide appropriate training
30 for common entry point staff.
31 (d) Priority shall be given in the program areas cited
32 in subsection (a) to persons currently performing assessments
33 and investigations pursuant to this Act.
34 (e) The Attorney General shall notify in writing law
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1 enforcement personnel of any new requirements under this Act
2 and shall conduct regional training for law enforcement
3 personnel regarding their responsibility under this Act.
4 (f) The Attorney General shall conduct regional training
5 for State's Attorneys and their assistants relative to the
6 enforcement of this Act and related criminal offenses.
7 (g) Lead agency assigned personnel must complete the
8 education program specified by this Section within the first
9 12 months of work as lead agency assigned personnel.
10 (h) Lead agency assigned personnel employed when these
11 requirements take effect must complete the program within the
12 first year after training is available or as soon as training
13 is available.
14 (i) All lead agency assigned personnel having
15 responsibility for investigation duties under this Act must
16 receive a minimum of 8 hours of continuing education or
17 in-service training each year specific to their duties under
18 this Act.
19 Section 85. Data management.
20 (a) Data maintained by a common entry point shall be
21 confidential, and shall be maintained for a minimum of 3
22 calendar years after the date of receipt.
23 (b) Lead agency data. The appropriate lead agency shall
24 prepare an investigation memorandum for each report alleging
25 maltreatment investigated under this Act. During an
26 investigation by a lead agency, data collected under this Act
27 shall be kept confidential. Upon completion of the
28 investigation, the data are classified as provided in clauses
29 (1) to (3) and subsection (c).
30 (1) The investigation memorandum must contain the
31 following data that are public:
32 (i) the name of the facility investigated;
33 (ii) a statement of the nature of the alleged
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1 maltreatment;
2 (iii) pertinent information obtained from
3 medical or other records reviewed;
4 (iv) a summary of the investigation's
5 findings;
6 (v) statement of whether the report was found
7 to be substantiated, inconclusive, unsubstantiated,
8 or that no determination will be made;
9 (vi) a statement of any action taken by the
10 facility;
11 (vii) a statement of any action taken by the
12 lead agency; and
13 (viii) when a lead agency's determination has
14 substantiated maltreatment, a statement of whether
15 an individual, individuals, or a facility were
16 responsible for the substantiated maltreatment, if
17 known.
18 The investigation memorandum must be written in a manner
19 that protects the identity of the reporter and of the
20 vulnerable adult and may not contain the names or, to the
21 extent possible, data on individuals or confidential data
22 listed in clause (2).
23 (2) Data on individuals collected and maintained in
24 the investigation memorandum shall be kept confidential,
25 including:
26 (i) the name of the vulnerable adult;
27 (ii) the identity of the individual alleged to
28 be the perpetrator;
29 (iii) the identity of the individual
30 substantiated as the perpetrator; and
31 (iv) the identity of all individuals
32 interviewed as part of the investigation.
33 (3) Other data on individuals maintained as part of
34 an investigation under this Act shall be kept
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1 confidential upon completion of the investigation.
2 (c) Identity of Reporter. The subject of the report may
3 compel disclosure of the name of the reporter only with the
4 consent of the reporter or upon a written finding by a court
5 that the report was false and that there is evidence that the
6 report was made in bad faith. This Section does not alter
7 disclosure responsibilities or obligations under the rules of
8 criminal procedure, except that where the identity of the
9 reporter is relevant to a criminal prosecution, the circuit
10 court shall conduct an in camera review prior to determining
11 whether to order disclosure of the identity of the reporter.
12 (d) Summary of reports. The Department of Public Health
13 shall annually prepare a summary of the number and type of
14 reports of alleged maltreatment involving licensed facilities
15 reported under this Act.
16 (e) Record retention policy. Each lead agency must have
17 a record retention policy specific to records generated under
18 this Act.
19 (f) Exchange of information. Lead agencies, prosecuting
20 authorities, and law enforcement agencies may exchange
21 information if the agency or authority requesting the data
22 determines that the data are pertinent and necessary to the
23 requesting agency in initiating, furthering, or completing an
24 investigation under this Act. Data collected under this Act
25 must be made available to prosecuting authorities and law
26 enforcement officials, and licensing agencies investigating
27 alleged maltreatment under this Act.
28 (g) Completion time. Each lead agency shall keep
29 records of the length of time it takes to complete its
30 investigations.
31 (h) Notification of other Affected Parties. A lead
32 agency may notify other affected parties and their authorized
33 representative if the agency has reason to believe
34 maltreatment has occurred and determines the information will
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1 safeguard the well-being of the affected parties or dispel
2 widespread rumor or unrest in the affected facility.
3 (i) Federal requirements. Under any notification
4 provision of this Act, where federal law specifically
5 prohibits the disclosure of patient identifying information,
6 a lead agency may not provide any notice unless the
7 vulnerable adult has consented to disclosure in a manner that
8 conforms to federal requirements.
9 Section 90. Abuse prevention plans.
10 (a) Each facility, except a facility falling within the
11 definition in paragraph (e)(2) of Section 10 of this Act,
12 shall establish and enforce an ongoing written abuse
13 prevention plan containing an assessment of the physical
14 plant, its environment, and its population identifying
15 factors that may encourage or permit abuse, and a statement
16 of specific measures to be taken to minimize the risk of
17 abuse. The plan shall comply with any rules governing the
18 plan promulgated by the licensing agency.
19 (b) Each facility, except a facility falling within the
20 definition in paragraph (e)(2) of Section 10 of this Act,
21 shall develop an individual abuse prevention plan for each
22 vulnerable adult residing there or receiving services from
23 them. The plan shall contain an individualized assessment of
24 the person's susceptibility to abuse, and a statement of the
25 specific measures to be taken to minimize the risk of abuse
26 to that person. For the purposes of this clause, the term
27 "abuse" includes self-abuse.
28 (c) Each facility falling within the definition in
29 paragraph (e)(2) of Section 10 of this Act shall establish
30 and enforce an ongoing written abuse prevention plan
31 applicable to that facility. The plan shall contain a
32 statement of specific measures to be taken to minimize the
33 risk of abuse.
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1 Section 95. Implementation authority.
2 (a) The Attorney General, the Secretary of Human
3 Services and the Directors of Public Health and Aging shall
4 develop the common report form described in Section 55. The
5 form may be used by mandated reporters, law enforcement
6 entities, licensing agencies, or ombudsman offices.
7 (b) The Secretary of Human Services and the Directors of
8 Public Health and Aging, in consultation with the Attorney
9 General, shall as soon as possible, but in any event not
10 later than 1 year from the effective date of this Act,
11 promulgate rules necessary to implement the requirements of
12 this Act.
13 (c) Within 120 days of the effective date of this Act,
14 the Secretary of Human Services, the Directors of Public
15 Health, Aging and State Police shall develop criteria for the
16 design of a statewide database utilizing data collected on
17 the common intake form of the common entry point. The
18 statewide database must be accessible to all entities
19 required to conduct investigations under this Act, and must
20 be accessible to ombudsman and advocacy programs.
21 (d) Each lead agency shall develop the guidelines
22 required in Section 65.
23 (e) The Attorney General shall appoint a task force
24 consisting of not fewer than nine members to develop a
25 protocol on the investigation and prosecution of incidents of
26 maltreatment of vulnerable adults. The task force shall
27 include representatives of the lead agencies, the Department
28 of State Police, Illinois State's Attorneys and local law
29 enforcement. The Task Force shall complete its work within
30 270 days of the effective date of this Act.
31 Section 100. Retaliation prohibited.
32 (a) A facility or person shall not retaliate against any
33 person who reports in good faith suspected maltreatment
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1 pursuant to this Act, or against a vulnerable adult with
2 respect to whom a report is made, because of the report.
3 (b) Any facility or person who retaliates against any
4 person because of a report of suspected maltreatment is
5 liable to that person for actual damages, punitive damages up
6 to $10,000, and attorney's fees.
7 (c) There shall be a rebuttable presumption that any
8 adverse action, as defined below, within 90 days of a report,
9 is retaliatory. For purposes of this clause, the term
10 "adverse action" refers to action taken by a facility or
11 person involved in a report against the person making the
12 report or against a vulnerable adult with respect to whom a
13 report is made because of the report, and includes, but is
14 not limited to:
15 (1) Discharge or transfer from the facility;
16 (2) Discharge from or termination of employment;
17 (3) Demotion or reduction in remuneration for
18 services;
19 (4) Restriction or prohibition of access to the
20 facility or its residents; or
21 (5) Any restriction of the rights set forth in
22 Article II of the Nursing Home Care Act.
23 Section 105. Outreach. The Director of Public Health,
24 in consultation with the Secretary of Human Services and the
25 Director of Aging, shall establish and maintain an aggressive
26 program to educate those required to report, as well as the
27 general public, about the requirements of this Act. The
28 program shall employ a variety of media to obtain the widest
29 possible dissemination of information. The Director of
30 Public Health shall print and make available the form
31 developed under Section 55.
32 Section 110. Negligence actions. A violation of this
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1 Act shall be admissible as evidence of negligence, but shall
2 not be considered negligence per se.
3 Section 111. The Children and Family Services Act is
4 amended by changing Section 7 as follows:
5 (20 ILCS 505/7) (from Ch. 23, par. 5007)
6 Sec. 7. Placement of children; considerations.
7 (a) In placing any child under this Act, the Department
8 shall place such child, as far as possible, in the care and
9 custody of some individual holding the same religious belief
10 as the parents of the child, or with some child care facility
11 which is operated by persons of like religious faith as the
12 parents of such child.
13 (b) In placing a child under this Act, the Department
14 may place a child with a relative if the Department has
15 reason to believe that the relative will be able to
16 adequately provide for the child's safety and welfare. The
17 Department may not place a child with a relative, with the
18 exception of certain circumstances which may be waived as
19 defined by the Department in rules, if the results of a check
20 of the Law Enforcement Agency Data System (LEADS) identifies
21 a prior criminal conviction of the relative or any adult
22 member of the relative's household for any of the following
23 offenses under the Criminal Code of 1961:
24 (1) murder;
25 (1.1) solicitation of murder;
26 (1.2) solicitation of murder for hire;
27 (1.3) intentional homicide of an unborn child;
28 (1.4) voluntary manslaughter of an unborn child;
29 (1.5) involuntary manslaughter;
30 (1.6) reckless homicide;
31 (1.7) concealment of a homicidal death;
32 (1.8) involuntary manslaughter of an unborn child;
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1 (1.9) reckless homicide of an unborn child;
2 (1.10) drug-induced homicide;
3 (2) a sex offense under Article 11, except offenses
4 described in Sections 11-7, 11-8, 11-12, and 11-13;
5 (3) kidnapping;
6 (3.1) aggravated unlawful restraint;
7 (3.2) forcible detention;
8 (3.3) aiding and abetting child abduction;
9 (4) aggravated kidnapping;
10 (5) child abduction;
11 (6) aggravated battery of a child;
12 (7) criminal sexual assault;
13 (8) aggravated criminal sexual assault;
14 (8.1) predatory criminal sexual assault of a child;
15 (9) criminal sexual abuse;
16 (10) aggravated sexual abuse;
17 (11) heinous battery;
18 (12) aggravated battery with a firearm;
19 (13) tampering with food, drugs, or cosmetics;
20 (14) drug-induced infliction of great bodily harm;
21 (15) aggravated stalking;
22 (16) home invasion;
23 (17) vehicular invasion;
24 (18) criminal transmission of HIV;
25 (19) criminal neglect of an elderly or disabled
26 person;
27 (19.1) criminal neglect of a vulnerable adult;
28 (20) child abandonment;
29 (21) endangering the life or health of a child;
30 (22) ritual mutilation;
31 (23) ritualized abuse of a child;
32 (24) an offense in any other state the elements of
33 which are similar and bear a substantial relationship to
34 any of the foregoing offenses.
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1 For the purpose of this subsection, "relative" shall include
2 any person, 21 years of age or over, other than the parent,
3 who (i) is currently related to the child in any of the
4 following ways by blood or adoption: grandparent, sibling,
5 great-grandparent, uncle, aunt, nephew, niece, first cousin,
6 great-uncle, or great-aunt; or (ii) is the spouse of such a
7 relative; or (iii) is the child's step-father, step-mother,
8 or adult step-brother or step-sister; "relative" also
9 includes a person related in any of the foregoing ways to a
10 sibling of a child, even though the person is not related to
11 the child, when the child and its sibling are placed together
12 with that person. A relative with whom a child is placed
13 pursuant to this subsection may, but is not required to,
14 apply for licensure as a foster family home pursuant to the
15 Child Care Act of 1969; provided, however, that as of July 1,
16 1995, foster care payments shall be made only to licensed
17 foster family homes pursuant to the terms of Section 5 of
18 this Act.
19 (c) In placing a child under this Act, the Department
20 shall ensure that the child's best interests are met by
21 giving due, not sole, consideration to the child's race or
22 ethnic heritage in making a family foster care placement. The
23 Department shall consider the cultural, ethnic, or racial
24 background of the child and the capacity of the prospective
25 foster or adoptive parents to meet the needs of a child of
26 this background as one of a number of factors used to
27 determine the best interests of the child. The Department
28 shall make special efforts for the diligent recruitment of
29 potential foster and adoptive families that reflect the
30 ethnic and racial diversity of the children for whom foster
31 and adoptive homes are needed. "Special efforts" shall
32 include contacting and working with community organizations
33 and religious organizations and may include contracting with
34 those organizations, utilizing local media and other local
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1 resources, and conducting outreach activities.
2 (d) The Department may accept gifts, grants, offers of
3 services, and other contributions to use in making special
4 recruitment efforts.
5 (e) The Department in placing children in adoptive or
6 foster care homes may not, in any policy or practice relating
7 to the placement of children for adoption or foster care,
8 discriminate against any child or prospective adoptive parent
9 on the basis of race.
10 (Source: P.A. 89-21, eff. 7-1-95; 89-422; 89-428, eff.
11 12-13-95; 89-462, eff. 5-29-96; 89-626, eff. 8-9-96.)
12 Section 112. The Civil Administrative Code of Illinois is
13 amended by changing Section 66 as follows:
14 (20 ILCS 1705/66) (from Ch. 91 1/2, par. 100-66)
15 (Text of Section before amendment by P.A. 89-507)
16 Sec. 66. Interagency agreements. In order to effect
17 written interagency agreements with the Department of
18 Rehabilitation Services pursuant to the Domestic Maltreatment
19 Abuse of Disabled Adults Intervention Act, as appropriated
20 funds become available, the Department shall have the
21 authority to provide developmental disability or mental
22 health services in state-operated facilities or through
23 Department supported community agencies to eligible adults in
24 substantiated cases of abuse, neglect or exploitation on a
25 priority basis and to waive current eligibility requirements
26 in an emergency pursuant to the Domestic Maltreatment Abuse
27 of Disabled Adults Intervention Act. This Section shall not
28 be interpreted to be in conflict with standards for admission
29 to residential facilities as provided in the Mental Health
30 and Developmental Disabilities Code.
31 (Source: P.A. 87-658; 87-895.)
32 (Text of Section after amendment by P.A. 89-507)
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1 Sec. 66. Domestic maltreatment abuse of disabled adults.
2 Pursuant to the Domestic Maltreatment Abuse of Disabled
3 Adults Intervention Act, as appropriated funds become
4 available, the Department shall have the authority to provide
5 developmental disability or mental health services in
6 state-operated facilities or through Department supported
7 community agencies to eligible adults in substantiated cases
8 of abuse, neglect or exploitation on a priority basis and to
9 waive current eligibility requirements in an emergency
10 pursuant to the Domestic Maltreatment Abuse of Disabled
11 Adults Intervention Act. This Section shall not be
12 interpreted to be in conflict with standards for admission to
13 residential facilities as provided in the Mental Health and
14 Developmental Disabilities Code.
15 (Source: P.A. 89-507, eff. 7-1-97.)
16 Section 113. The Illinois State Auditing Act is amended
17 by changing Section 3-2 as follows:
18 (30 ILCS 5/3-2) (from Ch. 15, par. 303-2)
19 (Text of Section before amendment by P.A. 89-507)
20 Sec. 3-2. Mandatory and directed post audits. The
21 Auditor General shall conduct a financial audit of each State
22 agency except the Auditor General or his office at least once
23 during every biennium, except as is otherwise provided in
24 regulations adopted under Section 3-8. The general direction
25 and supervision of the financial audit program may be
26 delegated only to an individual who is a Certified Public
27 Accountant and a payroll employee of the Office of the
28 Auditor General. In the conduct of financial audits, the
29 Auditor General may inquire into and report upon matters
30 properly within the scope of a management or program audit,
31 provided that such inquiry shall be limited to matters
32 arising during the ordinary course of the financial audit.
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1 In any year the Auditor General shall conduct any special
2 audits as may be necessary to form an opinion on the
3 financial report of this State, as prepared by the
4 Comptroller, and to certify that this presentation is in
5 accordance with generally accepted accounting principles for
6 government.
7 Simultaneously with the biennial financial audit of the
8 Department of Mental Health and Developmental Disabilities,
9 the Auditor General shall conduct a program audit of each
10 facility under the jurisdiction of that Department as
11 described in Section 4 of the Department of Mental Health
12 and Developmental Disabilities Act. The program audit shall
13 include an examination of the records of each facility
14 concerning reports of suspected abuse or neglect of any
15 patient or resident of the facility. The Auditor General
16 shall report the findings of the program audit to the
17 Governor and the General Assembly, including findings
18 concerning patterns or trends relating to abuse or neglect of
19 facility patients and residents. However, for any year for
20 which the Inspector General submits a report to the Governor
21 and General Assembly as required under Section 6.7 of the
22 Human Services Inspector General Abused and Neglected Long
23 Term Care Facility Residents Reporting Act, the Auditor
24 General need not conduct the program audit otherwise required
25 under this paragraph.
26 The Auditor General shall conduct a management or program
27 audit of a State agency when so directed by the Commission,
28 or by either house of the General Assembly, in a resolution
29 identifying the subject, parties and scope. Such a directing
30 resolution may:
31 (a) require the Auditor General to examine and
32 report upon specific management efficiencies or cost
33 effectiveness proposals specified therein;
34 (b) in the case of a program audit, set forth
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1 specific program objectives, responsibilities or duties
2 or may specify the program performance standards or
3 program evaluation standards to be the basis of the
4 program audit;
5 (c) be directed at particular procedures or
6 functions established by statute, by administrative
7 regulation or by precedent; and
8 (d) require the Auditor General to examine and
9 report upon specific proposals relating to state programs
10 specified in the resolution.
11 The Commission may by resolution clarify, further direct,
12 or limit the scope of any audit directed by a resolution of
13 the House or Senate, provided that any such action by the
14 Commission must be consistent with the terms of the directing
15 resolution.
16 (Source: P.A. 89-427, eff. 12-7-95.)
17 (Text of Section after amendment by P.A. 89-507)
18 Sec. 3-2. Mandatory and directed post audits. The
19 Auditor General shall conduct a financial audit of each State
20 agency except the Auditor General or his office at least once
21 during every biennium, except as is otherwise provided in
22 regulations adopted under Section 3-8. The general direction
23 and supervision of the financial audit program may be
24 delegated only to an individual who is a Certified Public
25 Accountant and a payroll employee of the Office of the
26 Auditor General. In the conduct of financial audits, the
27 Auditor General may inquire into and report upon matters
28 properly within the scope of a management or program audit,
29 provided that such inquiry shall be limited to matters
30 arising during the ordinary course of the financial audit.
31 In any year the Auditor General shall conduct any special
32 audits as may be necessary to form an opinion on the
33 financial report of this State, as prepared by the
34 Comptroller, and to certify that this presentation is in
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1 accordance with generally accepted accounting principles for
2 government.
3 Simultaneously with the biennial financial audit of the
4 Department of Human Services, the Auditor General shall
5 conduct a program audit of each facility under the
6 jurisdiction of that Department that is described in Section
7 4 of the Mental Health and Developmental Disabilities
8 Administrative Act. The program audit shall include an
9 examination of the records of each facility concerning
10 reports of suspected abuse or neglect of any patient or
11 resident of the facility. The Auditor General shall report
12 the findings of the program audit to the Governor and the
13 General Assembly, including findings concerning patterns or
14 trends relating to abuse or neglect of facility patients and
15 residents. However, for any year for which the Inspector
16 General submits a report to the Governor and General Assembly
17 as required under Section 6.7 of the Human Services Inspector
18 General Abused and Neglected Long Term Care Facility
19 Residents Reporting Act, the Auditor General need not conduct
20 the program audit otherwise required under this paragraph.
21 The Auditor General shall conduct a management or program
22 audit of a State agency when so directed by the Commission,
23 or by either house of the General Assembly, in a resolution
24 identifying the subject, parties and scope. Such a directing
25 resolution may:
26 (a) require the Auditor General to examine and
27 report upon specific management efficiencies or cost
28 effectiveness proposals specified therein;
29 (b) in the case of a program audit, set forth
30 specific program objectives, responsibilities or duties
31 or may specify the program performance standards or
32 program evaluation standards to be the basis of the
33 program audit;
34 (c) be directed at particular procedures or
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1 functions established by statute, by administrative
2 regulation or by precedent; and
3 (d) require the Auditor General to examine and
4 report upon specific proposals relating to state programs
5 specified in the resolution.
6 The Commission may by resolution clarify, further direct,
7 or limit the scope of any audit directed by a resolution of
8 the House or Senate, provided that any such action by the
9 Commission must be consistent with the terms of the directing
10 resolution.
11 (Source: P.A. 89-427, eff. 12-7-95; 89-507, eff. 7-1-97.)
12 Section 115. The Domestic Abuse of Disabled Adults
13 Intervention Act is amended by changing Sections 1, 5, 10,
14 15, 20, 35, 45, 50, 55, and 65 as follows:
15 (20 ILCS 2435/1) (from Ch. 23, par. 3395-1)
16 Sec. 1. Short title. This Act may be cited as the
17 Domestic Maltreatment Abuse of Disabled Adults Intervention
18 Act.
19 (Source: P.A. 87-658.)
20 (20 ILCS 2435/5) (from Ch. 23, par. 3395-5)
21 Sec. 5. Legislative declaration and intent. The
22 Illinois General Assembly recognizes that many adult persons
23 with disabilities in this State are in need of protection
24 from domestic maltreatment abuse, neglect, and exploitation,
25 and that this State has a responsibility to protect those
26 persons. Protection should maintain the individual's rights,
27 and, at the same time, protect the individual from domestic
28 maltreatment abuse, neglect, and exploitation. The General
29 Assembly recognizes that many services currently exist in the
30 State but that access to services is often involved and
31 complicated. It is the intent of the General Assembly to
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1 provide for the detection and correction of domestic
2 maltreatment abuse, neglect, and exploitation. It is
3 intended that the reporting of cases of domestic maltreatment
4 abuse, neglect, and exploitation will cause the existing
5 services of the State to be brought to bear in an effort to
6 prevent further domestic maltreatment abuse, neglect, and
7 exploitation.
8 (Source: P.A. 87-658.)
9 (20 ILCS 2435/10) (from Ch. 23, par. 3395-10)
10 Sec. 10. Purposes. This Act shall be liberally
11 construed and applied to promote its underlying purposes,
12 which are to:
13 (a) prevent, reduce, and eliminate domestic maltreatment
14 abuse, neglect, and exploitation of adult disabled persons;
15 (b) permit health care providers, medical professionals,
16 social service workers, and other citizens to voluntarily
17 report alleged or suspected domestic maltreatment abuse,
18 neglect, and exploitation of adult disabled persons;
19 (c) refer maltreated abused, neglected, and exploited
20 adult disabled persons to appropriate State and private
21 agencies for emergency services and other assistance
22 necessary to prevent further harm; and
23 (d) collect information on the incidence of domestic
24 maltreatment abuse, neglect, and exploitation of adult
25 disabled persons and other data to aid in the establishment
26 and coordination of adequate services to adults in a timely,
27 appropriate manner.
28 (Source: P.A. 87-658.)
29 (20 ILCS 2435/15) (from Ch. 23, par. 3395-15)
30 (Text of Section before amendment by P.A. 89-507)
31 Sec. 15. Definitions. As used in this Act:
32 "Abuse" means any physical injury, sexual abuse or mental
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1 injury to an adult disabled person inflicted by another
2 individual or entity. Nothing in this Act shall be construed
3 to mean that an adult disabled person is a victim of abuse or
4 neglect for the sole reason that he or she is being furnished
5 with or relies upon treatment by spiritual means through
6 prayer alone, in accordance with the tenets and practices of
7 a recognized church or religious denomination.
8 "Adult disabled person" means a person aged 18 through 59
9 who is a disabled person.
10 "Comprehensive rehabilitation" means those services
11 necessary and appropriate for increasing the potential for
12 independent living or gainful employment as applicable.
13 "Department" means the Department of Rehabilitation
14 Services.
15 "Director" means the Director of Rehabilitation Services.
16 "Disabled person" means any person who, by reason of a
17 physical or mental impairment, is or may be expected to be
18 totally or partially incapacitated for independent living or
19 gainful employment.
20 "Domestic Abuse Project" or "project" means that program
21 designated by the Director to receive and assess reports of
22 alleged or suspected domestic maltreatment abuse, neglect, or
23 exploitation of adult disabled persons.
24 "Domestic living situation" means a residence where the
25 adult disabled person lives alone or with his or her family
26 or household members, but is not a licensed facility as
27 defined in Section 1-113 of the Nursing Home Care Act and not
28 a facility operated by the Department of Mental Health and
29 Developmental Disabilities.
30 "Emergency" means a situation in which an adult disabled
31 person's life or safety is in imminent danger.
32 "Exploitation" means the illegal, including tortious, use
33 of an adult disabled person or of the assets or resources of
34 an adult disabled person. Exploitation includes, but is not
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1 limited to, the misappropriation of assets or resources of an
2 adult disabled person by undue influence, by breach of a
3 fiduciary relationship, by fraud, deception, or extortion, or
4 by the use of the assets or resources in a manner contrary to
5 law.
6 "Family or household members" includes spouses, former
7 spouses, parents, children, stepchildren and other persons
8 related by blood or marriage, persons who share or formerly
9 shared a common dwelling and persons who have or allegedly
10 have a child in common. Family or household members includes
11 any person who has the responsibility for an adult disabled
12 person as a result of a family relationship or who has
13 assumed responsibility for all or a portion of the care of an
14 adult disabled person voluntarily, or by express or implied
15 contract, or by court order.
16 "Maltreatment" means abuse, neglect, or financial
17 exploitation as defined in Section 10 of the Vulnerable
18 Adults Act.
19 "Neglect" means another individual's or entity's failure
20 to exercise that degree of care toward an adult disabled
21 person that a reasonable person would exercise under the
22 circumstances and includes but is not limited to:
23 (1) the failure to take reasonable steps to protect
24 an adult disabled person from acts of abuse;
25 (2) the repeated, careless imposition of
26 unreasonable confinement;
27 (3) the failure to provide food, shelter, clothing,
28 and personal hygiene to an adult disabled person who
29 requires that assistance;
30 (4) the failure to provide medical, rehabilitation,
31 and habilitation care for the physical and mental health
32 needs of an adult disabled person; or
33 (5) the failure to protect an adult disabled person
34 from health and safety hazards.
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1 Nothing in the definition of "neglect" shall be construed to
2 impose a requirement that assistance be provided to an adult
3 disabled person over his or her objection in the absence of a
4 court order, nor to create any new affirmative duty to
5 provide support to an adult disabled person.
6 "Rehabilitation" or "habilitation" means those vocational
7 or other appropriate services that increase the opportunities
8 for independent functioning or gainful employment.
9 "Substantiated case" means a reported case of alleged or
10 suspected domestic maltreatment abuse, neglect, or
11 exploitation in which the Domestic Abuse Project staff, after
12 assessment, determines that there is reason to believe
13 maltreatment abuse, neglect, or exploitation has occurred.
14 (Source: P.A. 87-658.)
15 (Text of Section after amendment by P.A. 89-507)
16 Sec. 15. Definitions. As used in this Act:
17 "Abuse" means any physical injury, sexual abuse or mental
18 injury to an adult disabled person inflicted by another
19 individual or entity. Nothing in this Act shall be construed
20 to mean that an adult disabled person is a victim of abuse or
21 neglect for the sole reason that he or she is being furnished
22 with or relies upon treatment by spiritual means through
23 prayer alone, in accordance with the tenets and practices of
24 a recognized church or religious denomination.
25 "Adult disabled person" means a person aged 18 through 59
26 who is a disabled person.
27 "Comprehensive rehabilitation" means those services
28 necessary and appropriate for increasing the potential for
29 independent living or gainful employment as applicable.
30 "Department" means the Department of Human Services.
31 "Secretary" means the Secretary of Human Services.
32 "Disabled person" means any person who, by reason of a
33 physical or mental impairment, is or may be expected to be
34 totally or partially incapacitated for independent living or
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1 gainful employment.
2 "Domestic Abuse Project" or "project" means that program
3 designated by the Secretary to receive and assess reports of
4 alleged or suspected domestic maltreatment abuse, neglect, or
5 exploitation of adult disabled persons.
6 "Domestic living situation" means a residence where the
7 adult disabled person lives alone or with his or her family
8 or household members, but is not a licensed facility as
9 defined in Section 1-113 of the Nursing Home Care Act and not
10 a facility operated by the Department of Human Services as
11 successor to the Department of Mental Health and
12 Developmental Disabilities.
13 "Emergency" means a situation in which an adult disabled
14 person's life or safety is in imminent danger.
15 "Exploitation" means the illegal, including tortious, use
16 of an adult disabled person or of the assets or resources of
17 an adult disabled person. Exploitation includes, but is not
18 limited to, the misappropriation of assets or resources of an
19 adult disabled person by undue influence, by breach of a
20 fiduciary relationship, by fraud, deception, or extortion, or
21 by the use of the assets or resources in a manner contrary to
22 law.
23 "Family or household members" includes spouses, former
24 spouses, parents, children, stepchildren and other persons
25 related by blood or marriage, persons who share or formerly
26 shared a common dwelling and persons who have or allegedly
27 have a child in common. Family or household members includes
28 any person who has the responsibility for an adult disabled
29 person as a result of a family relationship or who has
30 assumed responsibility for all or a portion of the care of an
31 adult disabled person voluntarily, or by express or implied
32 contract, or by court order.
33 "Maltreatment" means abuse, neglect, or financial
34 exploitation as defined in Section 10 of the Vulnerable
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1 Adults Act.
2 "Neglect" means another individual's or entity's failure
3 to exercise that degree of care toward an adult disabled
4 person that a reasonable person would exercise under the
5 circumstances and includes but is not limited to:
6 (1) the failure to take reasonable steps to protect
7 an adult disabled person from acts of abuse;
8 (2) the repeated, careless imposition of
9 unreasonable confinement;
10 (3) the failure to provide food, shelter, clothing,
11 and personal hygiene to an adult disabled person who
12 requires that assistance;
13 (4) the failure to provide medical, rehabilitation,
14 and habilitation care for the physical and mental health
15 needs of an adult disabled person; or
16 (5) the failure to protect an adult disabled person
17 from health and safety hazards.
18 Nothing in the definition of "neglect" shall be construed to
19 impose a requirement that assistance be provided to an adult
20 disabled person over his or her objection in the absence of a
21 court order, nor to create any new affirmative duty to
22 provide support to an adult disabled person.
23 "Rehabilitation" or "habilitation" means those vocational
24 or other appropriate services that increase the opportunities
25 for independent functioning or gainful employment.
26 "Substantiated case" means a reported case of alleged or
27 suspected domestic maltreatment abuse, neglect, or
28 exploitation in which the Domestic Abuse Project staff, after
29 assessment, determines that there is reason to believe
30 maltreatment abuse, neglect, or exploitation has occurred.
31 (Source: P.A. 89-507, eff. 7-1-97.)
32 (20 ILCS 2435/20) (from Ch. 23, par. 3395-20)
33 (Text of Section before amendment by P.A. 89-507)
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1 Sec. 20. Establishment of project. The Department of
2 Rehabilitation Services shall establish a Domestic Abuse
3 Project as provided in this Act for adult disabled persons
4 who have been maltreated abused, neglected, or exploited in
5 domestic living situations.
6 (Source: P.A. 87-658.)
7 (Text of Section after amendment by P.A. 89-507)
8 Sec. 20. Establishment of project. The Department of
9 Human Services shall establish a Domestic Abuse Project as
10 provided in this Act for adult disabled persons who have been
11 maltreated abused, neglected, or exploited in domestic living
12 situations.
13 (Source: P.A. 89-507, eff. 7-1-97.)
14 (20 ILCS 2435/35) (from Ch. 23, par. 3395-35)
15 (Text of Section before amendment by P.A. 89-507)
16 Sec. 35. Assessment of reports.
17 (a) The Domestic Abuse Project shall, upon receiving a
18 report of alleged or suspected domestic maltreatment abuse,
19 neglect, or exploitation and upon receiving the consent of
20 the subject of the report, conduct an assessment with respect
21 to the report. The assessment shall include, but not be
22 limited to, a face-to-face interview with the adult disabled
23 person who is the subject of the report and may include a
24 visit to the residence of the adult, and interviews or
25 consultations with service agencies or individuals who may
26 have knowledge of the adult disabled person's circumstances.
27 If, after the assessment, the Domestic Abuse Project
28 determines that a case is substantiated, it shall develop,
29 with the consent of and in consultation with the adult
30 disabled person, a service plan for the adult disabled
31 person. The plan shall include services and other supports
32 which are appropriate to the needs of the adult disabled
33 person and which involve the least restriction of the adult
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1 disabled person's activities commensurate with his needs,
2 such as those provided by the Department's Home Services
3 Program and the Department of Mental Health and Developmental
4 Disabilities supported community agencies. Every effort shall
5 be made by the Domestic Abuse Project to coordinate and
6 cooperate with public and private agencies to ensure the
7 provision of services necessary to eliminate further domestic
8 maltreatment abuse, neglect, and exploitation of the adult
9 disabled person who is the subject of the report.
10 (b) The Domestic Abuse Project shall conduct an
11 assessment of all reports of alleged or suspected domestic
12 maltreatment abuse or neglect within 7 days after receipt of
13 the report, except reports of abuse or neglect that indicate
14 that an adult disabled person's life or safety is in imminent
15 danger shall be assessed within 24 hours after receipt of the
16 report. Reports of financial exploitation shall be assessed
17 within 30 days after the receipt of the report.
18 (c) The Department shall effect written interagency
19 agreements with the Department of Mental Health and
20 Developmental Disabilities and other State departments and
21 any other public and private agencies to coordinate and
22 cooperate in the handling of substantiated cases; to accept
23 and manage substantiated cases on a priority basis; and to
24 waive eligibility requirements for adult disabled persons in
25 an emergency.
26 (d) The Department shall promulgate rules and
27 regulations to ensure the effective implementation of the
28 Domestic Abuse Project statewide.
29 (Source: P.A. 87-658.)
30 (Text of Section after amendment by P.A. 89-507)
31 Sec. 35. Assessment of reports.
32 (a) The Domestic Abuse Project shall, upon receiving a
33 report of alleged or suspected domestic maltreatment abuse,
34 neglect, or exploitation and upon receiving the consent of
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1 the subject of the report, conduct an assessment with respect
2 to the report. The assessment shall include, but not be
3 limited to, a face-to-face interview with the adult disabled
4 person who is the subject of the report and may include a
5 visit to the residence of the adult, and interviews or
6 consultations with service agencies or individuals who may
7 have knowledge of the adult disabled person's circumstances.
8 If, after the assessment, the Domestic Abuse Project
9 determines that a case is substantiated, it shall develop,
10 with the consent of and in consultation with the adult
11 disabled person, a service plan for the adult disabled
12 person. The plan shall include services and other supports
13 which are appropriate to the needs of the adult disabled
14 person and which involve the least restriction of the adult
15 disabled person's activities commensurate with his needs,
16 such as those provided by the Department's Home Services
17 Program and supported community agencies. Every effort shall
18 be made by the Domestic Abuse Project to coordinate and
19 cooperate with public and private agencies to ensure the
20 provision of services necessary to eliminate further domestic
21 maltreatment abuse, neglect, and exploitation of the adult
22 disabled person who is the subject of the report.
23 (b) The Domestic Abuse Project shall conduct an
24 assessment of all reports of alleged or suspected domestic
25 maltreatment abuse or neglect within 7 days after receipt of
26 the report, except reports of abuse or neglect that indicate
27 that an adult disabled person's life or safety is in imminent
28 danger shall be assessed within 24 hours after receipt of the
29 report. Reports of financial exploitation shall be assessed
30 within 30 days after the receipt of the report.
31 (c) The Department shall effect written interagency
32 agreements with other State departments and any other public
33 and private agencies to coordinate and cooperate in the
34 handling of substantiated cases; to accept and manage
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1 substantiated cases on a priority basis; and to waive
2 eligibility requirements for adult disabled persons in an
3 emergency.
4 (d) The Department shall promulgate rules and
5 regulations to ensure the effective implementation of the
6 Domestic Abuse Project statewide.
7 (Source: P.A. 89-507, eff. 7-1-97.)
8 (20 ILCS 2435/45) (from Ch. 23, par. 3395-45)
9 Sec. 45. Consent.
10 (a) If the Domestic Abuse Project has received a report
11 of alleged or suspected maltreatment abuse, neglect, or
12 exploitation with regard to an adult disabled person who
13 lacks the capacity to consent to an assessment or to
14 services, the Domestic Abuse Project may seek, directly or
15 through another agency, the appointment of a temporary or
16 permanent guardian as provided in Article XIa of the Probate
17 Act of 1975 or other relief as provided under the Illinois
18 Domestic Violence Act of 1986.
19 (b) A guardian of the person of an adult disabled person
20 who is maltreated abused, neglected, or exploited by another
21 individual in a domestic living situation may consent to an
22 assessment or to services being provided pursuant to the
23 service plan. If the guardian is alleged to be the
24 perpetrator of the maltreatment abuse, neglect, or
25 exploitation, the Domestic Abuse Project shall seek the
26 appointment of a temporary guardian pursuant to Section 231.3
27 of the Illinois Domestic Violence Act of 1986. If a guardian
28 withdraws his consent or refuses to allow an assessment or
29 services to be provided to the adult, the Domestic Abuse
30 Project may request an order of protection under the Illinois
31 Domestic Violence Act of 1986 seeking appropriate remedies,
32 and may in addition request removal of the guardian and
33 appointment of a successor guardian.
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1 (c) For the purposes of this Section only, "lacks the
2 capacity to consent" shall mean that the adult disabled
3 person reasonably appears to be unable by reason of physical
4 or mental condition to receive and evaluate information
5 related to the assessment or services, or to communicate
6 decisions related to the assessment or services in the
7 manner in which the person communicates.
8 (Source: P.A. 87-658.)
9 (20 ILCS 2435/50) (from Ch. 23, par. 3395-50)
10 Sec. 50. Access of adult disabled persons. No person
11 shall obstruct or impede the access of an adult disabled
12 person to the Domestic Abuse Project nor obstruct or impede
13 the assessment of domestic maltreatment abuse, neglect, or
14 exploitation of an adult disabled person if the adult
15 consents to the assessment. If a person does so obstruct or
16 impede the access of an adult disabled person or assessment
17 of domestic maltreatment abuse, neglect, or exploitation of
18 the adult, local law enforcement agencies shall take all
19 appropriate action to assist the party seeking access in
20 petitioning for a warrant or an ex parte injunctive order.
21 The warrant or order may issue upon a showing of probable
22 cause to believe that the adult disabled person is the
23 subject of domestic maltreatment abuse, neglect, or
24 exploitation that constitutes a criminal offense or that any
25 other criminal offense is occurring that affects the
26 interests or welfare of the adult disabled person. When,
27 from the personal observations of a law enforcement officer,
28 it appears probable that delay of entry in order to obtain a
29 warrant or order would cause the adult disabled person to be
30 in imminent danger of death or great bodily harm, entry may
31 be made by the law enforcement officer after an announcement
32 of the officer's authority and purpose.
33 (Source: P.A. 87-658.)
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1 (20 ILCS 2435/55) (from Ch. 23, par. 3395-55)
2 (Text of Section before amendment by P.A. 89-507)
3 Sec. 55. Access to records. All records concerning
4 reports of domestic maltreatment abuse, neglect, or
5 exploitation of adult disabled persons and all records
6 generated as a result of the reports shall be confidential
7 and shall not be disclosed except as specifically authorized
8 by this Act or other applicable law. Access to the records,
9 but not access to the identity of the person or persons
10 making a report of alleged domestic maltreatment abuse,
11 neglect, or exploitation as contained in the records, shall
12 be allowed to the following persons and for the following
13 purposes:
14 (a) Domestic Abuse Project staff in the furtherance of
15 their responsibilities under this Act;
16 (b) A law enforcement agency investigating alleged or
17 suspected domestic abuse, neglect, or exploitation of adult
18 disabled persons;
19 (c) An adult disabled person reported to be maltreatment
20 abused, neglected, or exploited, or the adult disabled
21 person's guardian unless the guardian is the alleged
22 perpetrator of the abuse, neglect, or financial exploitation;
23 (d) A court, upon its finding that access to the records
24 may be necessary for the determination of an issue before the
25 court. However, the access shall be limited to an in camera
26 inspection of the records, unless the court determines that
27 disclosure of the information contained therein is necessary
28 for the resolution of an issue then pending before it;
29 (e) A grand jury, upon its determination that access to
30 the records is necessary to the conduct of its official
31 business;
32 (f) Any person authorized by the Director, in writing,
33 for audit or bona fide research purposes;
34 (g) A coroner or medical examiner who has reason to
-54- LRB9002305RCcb
1 believe that an adult disabled person has died as the result
2 of domestic maltreatment abuse or neglect;
3 (h) The agency designated pursuant to the Protection and
4 Advocacy for Developmentally Disabled Persons Act and the
5 Protection and Advocacy for Mentally Ill Persons Act.
6 (Source: P.A. 87-658.)
7 (Text of Section after amendment by P.A. 89-507)
8 Sec. 55. Access to records. All records concerning
9 reports of domestic maltreatment abuse, neglect, or
10 exploitation of adult disabled persons and all records
11 generated as a result of the reports shall be confidential
12 and shall not be disclosed except as specifically authorized
13 by this Act or other applicable law. Access to the records,
14 but not access to the identity of the person or persons
15 making a report of alleged domestic maltreatment abuse,
16 neglect, or exploitation as contained in the records, shall
17 be allowed to the following persons and for the following
18 purposes:
19 (a) Domestic Abuse Project staff in the furtherance of
20 their responsibilities under this Act;
21 (b) A law enforcement agency investigating alleged or
22 suspected domestic abuse, neglect, or financial exploitation
23 of adult disabled persons;
24 (c) An adult disabled person reported to be maltreated
25 abused, neglected, or exploited, or the adult disabled
26 person's guardian unless the guardian is the alleged
27 perpetrator of the abuse, neglect, or financial exploitation;
28 (d) A court, upon its finding that access to the records
29 may be necessary for the determination of an issue before the
30 court. However, the access shall be limited to an in camera
31 inspection of the records, unless the court determines that
32 disclosure of the information contained therein is necessary
33 for the resolution of an issue then pending before it;
34 (e) A grand jury, upon its determination that access to
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1 the records is necessary to the conduct of its official
2 business;
3 (f) Any person authorized by the Secretary, in writing,
4 for audit or bona fide research purposes;
5 (g) A coroner or medical examiner who has reason to
6 believe that an adult disabled person has died as the result
7 of domestic maltreatment abuse or neglect;
8 (h) The agency designated pursuant to the Protection and
9 Advocacy for Developmentally Disabled Persons Act and the
10 Protection and Advocacy for Mentally Ill Persons Act.
11 (Source: P.A. 89-507, eff. 7-1-97.)
12 (20 ILCS 2435/65) (from Ch. 23, par. 3395-65)
13 (Text of Section before amendment by P.A. 89-507)
14 Sec. 65. Implementation. The Department shall implement
15 this Act as appropriated funds become available. Pending
16 full implementation, when the Department or the Department of
17 Mental Health and Developmental Disabilities receives a
18 report of a maltreated an abused, neglected, or exploited
19 adult who is eligible for its programs, it shall take
20 reasonable steps to provide protection.
21 (Source: P.A. 87-658.)
22 (Text of Section after amendment by P.A. 89-507)
23 Sec. 65. Implementation. The Department shall implement
24 this Act as appropriated funds become available. Pending
25 full implementation, when the Department receives a report of
26 a maltreated an abused, neglected, or exploited adult who is
27 eligible for its programs, it shall take reasonable steps to
28 provide protection.
29 (Source: P.A. 89-507, eff. 7-1-97.)
30 (20 ILCS 2435/25 rep)
31 (20 ILCS 2435/30 rep)
32 Section 120. The Domestic Abuse of Disabled Adults
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1 Intervention Act is amended by repealing Sections 25 and 30.
2 Section 125. The Abused and Neglected Long Term Care
3 Facility Residents Reporting Act is amended by changing
4 Sections 1, 3, 5, 6.2, 6.4, 6.8, 8, 9, 10, 11, and 15 as
5 follows:
6 (210 ILCS 30/1) (from Ch. 111 1/2, par. 4161)
7 Sec. 1. This Act may be cited as the Human Services
8 Inspector General Abused and Neglected Long Term Care
9 Facility Residents Reporting Act.
10 (Source: P.A. 86-1475.)
11 (210 ILCS 30/3) (from Ch. 111 1/2, par. 4163)
12 (Text of Section before amendment by P.A. 89-507)
13 Sec. 3. As used in this Act unless the context otherwise
14 requires:
15 a. "Department" means the Department of Public Health of
16 the State of Illinois before July 1, 1997.
17 b. "Resident" means a person residing in and receiving
18 personal care from a long term care facility, or residing in
19 a mental health facility or developmental disability facility
20 as defined in the Mental Health and Developmental
21 Disabilities Code.
22 c. "Long term care facility" has the same meaning
23 ascribed to such term in the Nursing Home Care Act, except
24 that the term as used in this Act shall include any mental
25 health facility or developmental disability facility as
26 defined in the Mental Health and Developmental Disabilities
27 Code.
28 d. "Maltreatment" means abuse, neglect, or financial
29 exploitation as defined in the Vulnerable Adults Act "Abuse"
30 means any physical injury, sexual abuse or mental injury
31 inflicted on a resident other than by accidental means.
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1 e. "Neglect" means a failure in a long term care
2 facility to provide adequate medical or personal care or
3 maintenance, which failure results in physical or mental
4 injury to a resident or in the deterioration of a resident's
5 physical or mental condition.
6 e. f. "Protective services" means services provided to a
7 resident who has been subjected to maltreatment abused or
8 neglected, which may include, but are not limited to
9 alternative temporary institutional placement, nursing care,
10 counseling, other social services provided at the facility
11 nursing home where the resident resides or at some other
12 facility, personal care and such protective services of
13 voluntary agencies as are available.
14 (Source: P.A. 86-820; 86-1013; 86-1244; 86-1475.)
15 (Text of Section after amendment by P.A. 89-507)
16 Sec. 3. As used in this Act unless the context otherwise
17 requires:
18 a. "Department" means the Department of Human Services
19 Public Health of the State of Illinois on or after July 1,
20 1997.
21 b. "Resident" means a person residing in and receiving
22 personal care from a long term care facility, or residing in
23 a mental health facility or developmental disability facility
24 as defined in the Mental Health and Developmental
25 Disabilities Code.
26 c. "Long term care facility" has the same meaning
27 ascribed to such term in the Nursing Home Care Act, except
28 that the term as used in this Act shall include any mental
29 health facility or developmental disability facility as
30 defined in the Mental Health and Developmental Disabilities
31 Code.
32 d. "Maltreatment" means abuse, neglect, or financial
33 exploitation as defined in the Vulnerable Adults Act "Abuse"
34 means any physical injury, sexual abuse or mental injury
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1 inflicted on a resident other than by accidental means.
2 e. "Neglect" means a failure in a long term care
3 facility to provide adequate medical or personal care or
4 maintenance, which failure results in physical or mental
5 injury to a resident or in the deterioration of a resident's
6 physical or mental condition.
7 e. f. "Protective services" means services provided to a
8 resident who has been subjected to maltreatment abused or
9 neglected, which may include, but are not limited to
10 alternative temporary institutional placement, nursing care,
11 counseling, other social services provided at the facility
12 nursing home where the resident resides or at some other
13 facility, personal care and such protective services of
14 voluntary agencies as are available.
15 f. g. Unless the context otherwise requires, direct or
16 indirect references in this Act to the programs, personnel,
17 facilities, services, service providers, or service
18 recipients of the Department of Human Services shall be
19 construed to refer only to those programs, personnel,
20 facilities, services, service providers, or service
21 recipients that pertain to the Department of Human Services'
22 mental health and developmental disabilities functions.
23 (Source: P.A. 89-507, eff. 7-1-97.)
24 (210 ILCS 30/5) (from Ch. 111 1/2, par. 4165)
25 Sec. 5. Any person required to investigate cases of
26 suspected resident maltreatment abuse or neglect may take or
27 cause to be taken, at the resident's expense color
28 photographs and x-rays of the area of trauma on the resident
29 who is the subject of a report.
30 (Source: P.A. 82-120.)
31 (210 ILCS 30/6.2) (from Ch. 111 1/2, par. 4166.2)
32 (Section scheduled to be repealed on January 1, 2000)
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1 (Text of Section before amendment by P.A. 89-507)
2 Sec. 6.2. Inspector General.
3 (a) The Governor shall appoint, and the Senate shall
4 confirm, an Inspector General who shall function within the
5 Department of Mental Health and Developmental Disabilities
6 and report to the Director. The Inspector General shall
7 investigate reports of suspected maltreatment abuse or
8 neglect (as that term those terms are defined in Section 3 of
9 this Act) of patients or residents in any facility operated
10 by the Department of Mental Health and Developmental
11 Disabilities and shall have authority to investigate and take
12 immediate action on reports of maltreatment abuse or neglect
13 of recipients, whether patients or residents, in any facility
14 or program that is licensed or certified by the Department of
15 Mental Health and Developmental Disabilities or that is
16 funded by the Department of Mental Health and Developmental
17 Disabilities and is not licensed or certified by any agency
18 of the State. At the specific, written request of an agency
19 of the State other than the Department of Mental Health and
20 Developmental Disabilities, the Inspector General may
21 cooperate in investigating reports of maltreatment abuse and
22 neglect of persons with mental illness or persons with
23 developmental disabilities. The Inspector General shall have
24 no supervision over or involvement in routine, programmatic,
25 licensure, or certification operations of the Department of
26 Mental Health and Developmental Disabilities or any of its
27 funded agencies.
28 The Inspector General shall promulgate rules establishing
29 minimum requirements for initiating, conducting, and
30 completing investigations. The promulgated rules shall
31 clearly set forth that in instances where 2 or more State
32 agencies could investigate an allegation of maltreatment
33 abuse or neglect, the Inspector General shall not conduct an
34 investigation that is redundant to an investigation conducted
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1 by another State agency. The rules shall establish criteria
2 for determining, based upon the nature of the allegation, the
3 appropriate method of investigation, which may include, but
4 need not be limited to, site visits, telephone contacts, or
5 requests for written responses from agencies. The rules
6 shall also clarify how the Office of the Inspector General
7 shall interact with the licensing unit of the Department of
8 Mental Health and Developmental Disabilities in
9 investigations of allegations of maltreatment abuse or
10 neglect. Any allegations or investigations of reports made
11 pursuant to this Act shall remain confidential until a final
12 report is completed. Final reports regarding unsubstantiated
13 or unfounded allegations shall remain confidential, except
14 that final reports may be disclosed pursuant to Section 6 of
15 this Act.
16 The Inspector General shall be appointed for a term of 4
17 years.
18 (b) The Inspector General shall within 24 hours after
19 receiving a report of suspected maltreatment abuse or neglect
20 determine whether the evidence indicates that any possible
21 criminal act has been committed. If he determines that a
22 possible criminal act has been committed, or that special
23 expertise is required in the investigation, he shall
24 immediately notify the Department of State Police. The
25 Department of State Police shall investigate any report
26 indicating a possible murder, rape, or other felony. All
27 investigations conducted by the Inspector General shall be
28 conducted in a manner designed to ensure the preservation of
29 evidence for possible use in a criminal prosecution.
30 (c) The Inspector General shall, within 10 calendar days
31 after the transmittal date of a completed investigation where
32 maltreatment abuse or neglect is substantiated or
33 administrative action is recommended, provide a complete
34 report on the case to the Director of Mental Health and
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1 Developmental Disabilities and to the agency in which the
2 maltreatment abuse or neglect is alleged to have happened.
3 There shall be an appeals process for any person or agency
4 that is subject to any action based on a recommendation or
5 recommendations.
6 (d) The Inspector General may recommend to the
7 Departments of Public Health and Mental Health and
8 Developmental Disabilities sanctions to be imposed against
9 facilities under the jurisdiction of the Department of Mental
10 Health and Developmental Disabilities for the protection of
11 residents, including appointment of on-site monitors or
12 receivers, transfer or relocation of residents, and closure
13 of units. The Inspector General may seek the assistance of
14 the Attorney General or any of the several State's attorneys
15 in imposing such sanctions.
16 (e) The Inspector General shall establish and conduct
17 periodic training programs for Department employees
18 concerning the prevention and reporting of maltreatment
19 neglect and abuse.
20 (f) The Inspector General shall at all times be granted
21 access to any facility operated by the Department, shall
22 establish and conduct unannounced site visits to those
23 facilities at least once annually, and shall be granted
24 access, for the purpose of investigating a report of
25 maltreatment abuse or neglect, to any facility or program
26 funded by the Department that is subject under the provisions
27 of this Section to investigation by the Inspector General for
28 a report of maltreatment abuse or neglect.
29 (g) Nothing in this Section shall limit investigations
30 by the Department of Mental Health and Developmental
31 Disabilities that may otherwise be required by law or that
32 may be necessary in that Department's capacity as the central
33 administrative authority responsible for the operation of
34 State mental health and developmental disability facilities.
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1 (h) This Section is repealed on January 1, 2000.
2 (Source: P.A. 89-427, eff. 12-7-95.)
3 (Text of Section after amendment by P.A. 89-507)
4 Sec. 6.2. Inspector General.
5 (a) The Governor shall appoint, and the Senate shall
6 confirm, an Inspector General who shall function within the
7 Department of Human Services and report to the Secretary of
8 Human Services. The Inspector General shall investigate
9 reports of suspected maltreatment abuse or neglect (as that
10 term is those terms are defined in Section 3 of this Act) of
11 patients or residents in any mental health or developmental
12 disabilities facility operated by the Department of Human
13 Services and shall have authority to investigate and take
14 immediate action on reports of maltreatment abuse or neglect
15 of recipients, whether patients or residents, in any mental
16 health or developmental disabilities facility or program that
17 is licensed or certified by the Department of Human Services
18 (as successor to the Department of Mental Health and
19 Developmental Disabilities) or that is funded by the
20 Department of Human Services (as successor to the Department
21 of Mental Health and Developmental Disabilities) and is not
22 licensed or certified by any agency of the State. At the
23 specific, written request of an agency of the State other
24 than the Department of Human Services (as successor to the
25 Department of Mental Health and Developmental Disabilities),
26 the Inspector General may cooperate in investigating reports
27 of maltreatment abuse and neglect of persons with mental
28 illness or persons with developmental disabilities. The
29 Inspector General shall have no supervision over or
30 involvement in routine, programmatic, licensure, or
31 certification operations of the Department of Human Services
32 or any of its funded agencies.
33 The Inspector General shall promulgate rules establishing
34 minimum requirements for initiating, conducting, and
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1 completing investigations. The promulgated rules shall
2 clearly set forth that in instances where 2 or more State
3 agencies could investigate an allegation of maltreatment
4 abuse or neglect, the Inspector General shall not conduct an
5 investigation that is redundant to an investigation conducted
6 by another State agency. The rules shall establish criteria
7 for determining, based upon the nature of the allegation, the
8 appropriate method of investigation, which may include, but
9 need not be limited to, site visits, telephone contacts, or
10 requests for written responses from agencies. The rules
11 shall also clarify how the Office of the Inspector General
12 shall interact with the licensing unit of the Department of
13 Human Services in investigations of allegations of
14 maltreatment abuse or neglect. Any allegations or
15 investigations of reports made pursuant to this Act shall
16 remain confidential until a final report is completed. Final
17 reports regarding unsubstantiated or unfounded allegations
18 shall remain confidential, except that final reports may be
19 disclosed pursuant to Section 6 of this Act.
20 The Inspector General shall be appointed for a term of 4
21 years.
22 (b) The Inspector General shall within 24 hours after
23 receiving a report of suspected maltreatment abuse or neglect
24 determine whether the evidence indicates that any possible
25 criminal act has been committed. If he determines that a
26 possible criminal act has been committed, or that special
27 expertise is required in the investigation, he shall
28 immediately notify the Department of State Police. The
29 Department of State Police shall investigate any report
30 indicating a possible murder, rape, or other felony. All
31 investigations conducted by the Inspector General shall be
32 conducted in a manner designed to ensure the preservation of
33 evidence for possible use in a criminal prosecution.
34 (c) The Inspector General shall, within 10 calendar days
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1 after the transmittal date of a completed investigation where
2 maltreatment abuse or neglect is substantiated or
3 administrative action is recommended, provide a complete
4 report on the case to the Secretary of Human Services and to
5 the agency in which the maltreatment abuse or neglect is
6 alleged to have happened. There shall be an appeals process
7 for any person or agency that is subject to any action based
8 on a recommendation or recommendations.
9 (d) The Inspector General may recommend to the
10 Departments of Public Health and Human Services sanctions to
11 be imposed against mental health and developmental
12 disabilities facilities under the jurisdiction of the
13 Department of Human Services for the protection of residents,
14 including appointment of on-site monitors or receivers,
15 transfer or relocation of residents, and closure of units.
16 The Inspector General may seek the assistance of the Attorney
17 General or any of the several State's attorneys in imposing
18 such sanctions.
19 (e) The Inspector General shall establish and conduct
20 periodic training programs for Department employees
21 concerning the prevention and reporting of maltreatment
22 neglect and abuse.
23 (f) The Inspector General shall at all times be granted
24 access to any mental health or developmental disabilities
25 facility operated by the Department, shall establish and
26 conduct unannounced site visits to those facilities at least
27 once annually, and shall be granted access, for the purpose
28 of investigating a report of maltreatment abuse or neglect,
29 to any facility or program funded by the Department that is
30 subject under the provisions of this Section to investigation
31 by the Inspector General for a report of maltreatment abuse
32 or neglect.
33 (g) Nothing in this Section shall limit investigations
34 by the Department of Human Services that may otherwise be
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1 required by law or that may be necessary in that Department's
2 capacity as the central administrative authority responsible
3 for the operation of State mental health and developmental
4 disability facilities.
5 (h) This Section is repealed on January 1, 2000.
6 (Source: P.A. 89-427, eff. 12-7-95; 89-507, eff. 7-1-97.)
7 (210 ILCS 30/6.4) (from Ch. 111 1/2, par. 4166.4)
8 (This Section is scheduled to be repealed January 1,
9 2000.)
10 Sec. 6.4. Scope and function of the Quality Care Board.
11 The Board shall monitor and oversee the operations, policies,
12 and procedures of the Inspector General to assure the prompt
13 and thorough investigation of allegations of maltreatment
14 neglect and abuse. In fulfilling these responsibilities, the
15 Board may do the following:
16 (1) Provide independent, expert consultation to the
17 Inspector General on policies and protocols for
18 investigations of alleged maltreatment neglect and abuse.
19 (2) Review existing regulations relating to the
20 operation of facilities under the control of the
21 Department.
22 (3) Advise the Inspector General as to the content
23 of training activities authorized under Section 6.2.
24 (4) Recommend policies concerning methods for
25 improving the intergovernmental relationships between the
26 office of the Inspector General and other State or
27 federal agencies.
28 This Section is repealed on January 1, 2000.
29 (Source: P.A. 89-427, eff. 12-7-95.)
30 (210 ILCS 30/6.8) (from Ch. 111 1/2, par. 4166.8)
31 (Section scheduled to be repealed on January 1, 2000)
32 (Text of Section before amendment by P.A. 89-507)
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1 Sec. 6.8. Program audit. The Auditor General shall
2 conduct a biennial program audit of the office of the
3 Inspector General in relation to the Inspector General's
4 compliance with this Act. The audit shall specifically
5 include the Inspector General's effectiveness in
6 investigating reports of alleged maltreatment neglect or
7 abuse of residents in any facility operated by the Department
8 and in making recommendations for sanctions to the
9 Departments of Mental Health and Developmental Disabilities
10 and Public Health. The Auditor General shall conduct the
11 program audit according to the provisions of the Illinois
12 State Auditing Act and shall report its findings to the
13 General Assembly no later than January 1 of each odd-numbered
14 year.
15 This Section is repealed on January 1, 2000.
16 (Source: P.A. 89-427, eff. 12-7-95.)
17 (Text of Section after amendment by P.A. 89-507)
18 Sec. 6.8. Program audit. The Auditor General shall
19 conduct a biennial program audit of the office of the
20 Inspector General in relation to the Inspector General's
21 compliance with this Act. The audit shall specifically
22 include the Inspector General's effectiveness in
23 investigating reports of alleged maltreatment neglect or
24 abuse of residents in any facility operated by the Department
25 and in making recommendations for sanctions to the
26 Departments of Human Services and Public Health. The Auditor
27 General shall conduct the program audit according to the
28 provisions of the Illinois State Auditing Act and shall
29 report its findings to the General Assembly no later than
30 January 1 of each odd-numbered year.
31 This Section is repealed on January 1, 2000.
32 (Source: P.A. 89-427, eff. 12-7-95; 89-507, eff. 7-1-97.)
33 (210 ILCS 30/8) (from Ch. 111 1/2, par. 4168)
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1 Sec. 8. Any person, institution or agency, participating
2 in good faith in the making of a report, or in an the
3 investigation of such a report or in the taking of
4 photographs or x-rays under this Act shall have immunity from
5 liability, civil, criminal, or otherwise, that might result
6 by reason of such actions.
7 For the purpose of any proceedings, civil or criminal,
8 the good faith of any persons required to report, or
9 permitted to report, cases of resident abuse or neglect under
10 this Act, shall be presumed.
11 (Source: P.A. 82-120.)
12 (210 ILCS 30/9) (from Ch. 111 1/2, par. 4169)
13 Sec. 9. Any person who conducts an investigation makes a
14 report or who investigates a report under this Act shall
15 testify fully in any judicial proceeding resulting from such
16 investigation report, as to any evidence of abuse or neglect,
17 or the cause thereof. No evidence shall be excluded by
18 reason of any common law or statutory privilege relating to
19 communications between the alleged perpetrator of
20 maltreatment abuse or neglect, or the resident subject of the
21 report under this Act and the person making or investigating
22 the report.
23 (Source: P.A. 82-120.)
24 (210 ILCS 30/10) (from Ch. 111 1/2, par. 4170)
25 (Text of Section before amendment by P.A. 89-507)
26 Sec. 10. If during the investigation of a report made
27 pursuant to this Act, the Department obtains information
28 indicating possible criminal acts the Department shall refer
29 the matter to the appropriate law enforcement agency or
30 agencies for further investigation or prosecution. The
31 Department shall make the entire file of its investigation
32 available to the appropriate law enforcement agencies.
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1 With respect to reports of suspected maltreatment abuse
2 or neglect of residents of facilities operated by the
3 Department of Rehabilitation Services or recipients of
4 services through any home, institution, program or other
5 entity licensed in whole or in part by the Department of
6 Rehabilitation Services, the Department shall refer reports
7 indicating possible criminal acts to the Department of State
8 Police for investigation.
9 (Source: P.A. 85-223.)
10 (Text of Section after amendment by P.A. 89-507)
11 Sec. 10. If, during the investigation of a report made
12 pursuant to this Act, the Department obtains information
13 indicating possible criminal acts, the Department shall refer
14 the matter to the appropriate law enforcement agency or
15 agencies for further investigation or prosecution. The
16 Department shall make the entire file of its investigation
17 available to the appropriate law enforcement agencies.
18 With respect to reports of suspected maltreatment abuse
19 or neglect of residents of facilities operated by the
20 Department of Human Services (as successor to the Department
21 of Rehabilitation Services) or recipients of services through
22 any home, institution, program or other entity licensed in
23 whole or in part by the Department of Human Services (as
24 successor to the Department of Rehabilitation Services), the
25 Department shall refer reports indicating possible criminal
26 acts to the Department of State Police for investigation.
27 (Source: P.A. 89-507, eff. 7-1-97.)
28 (210 ILCS 30/11) (from Ch. 111 1/2, par. 4171)
29 Sec. 11. This Act is complementary to the Vulnerable
30 Adults Act and shall be read in conjunction with that Act.
31 To the extent that this Act conflicts in any material
32 provision with the Vulnerable Adults Act that Act shall
33 control. The Department may arrange for protective services
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1 to any nursing home resident who requires them when a report
2 of abuse or neglect has been made. Such services shall be
3 arranged for a limited time, as determined by the Department
4 to be sufficient for the resident to obtain alternative
5 permanent placement with the help of the Department if
6 necessary, or for any situation of the resident related to
7 the report of abuse or neglect which needs to be corrected or
8 ameliorated so that the patient's continued residence in the
9 same nursing home may continue without further abuse or
10 neglect.
11 (Source: P.A. 82-120.)
12 (210 ILCS 30/15) (from Ch. 111 1/2, par. 4175)
13 Sec. 15. The Long Term Care Facility Advisory Board
14 established under the Nursing Home Care Act shall conduct
15 hearings and consult with individuals of distinction in the
16 fields of health, human services, law and other appropriate
17 areas in a continuing assessment of the problem of resident
18 maltreatment abuse and neglect. It shall advise and make
19 recommendations to the Department of Public Health regarding
20 improvements in the reporting, investigation and follow-up
21 systems and procedures established under this Act and
22 regarding the adequacy and availability of programs and
23 services in the State to prevent and respond to further
24 incidents of resident maltreatment abuse and neglect.
25 (Source: P.A. 86-820.)
26 (210 ILCS 30/2 rep)
27 (210 ILCS 30/4 rep)
28 (210 ILCS 30/6 rep)
29 (210 ILCS 30/7 rep)
30 (210 ILCS 30/12 rep)
31 (210 ILCS 30/13 rep)
32 (210 ILCS 30/14 rep)
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1 (210 ILCS 30/16 rep)
2 Section 130. The Abused and Neglected Long Term Care
3 Facility Residents Reporting Act is amended by repealing
4 Sections 2, 4, 6, 7, 12, 13, 14, and 16.
5 Section 135. The Nursing Home Care Act is amended by
6 changing Sections 1-103, 1-117 and 2-107 as follows:
7 (210 ILCS 45/1-103) (from Ch. 111 1/2, par. 4151-103)
8 Sec. 1-103. "Abuse" has the meaning given to that term
9 in the Vulnerable Adults Act means any physical or mental
10 injury or sexual assault inflicted on a resident other than
11 by accidental means in a facility.
12 (Source: P.A. 81-223.)
13 (210 ILCS 45/1-117) (from Ch. 111 1/2, par. 4151-117)
14 Sec. 1-117. "Neglect" has the meaning given to that term
15 in the Vulnerable Adults Act means a failure in a facility to
16 provide adequate medical or personal care or maintenance,
17 which failure results in physical or mental injury to a
18 resident or in the deterioration of a resident's physical or
19 mental condition.
20 (Source: P.A. 81-223.)
21 (210 ILCS 45/2-107) (from Ch. 111 1/2, par. 4152-107)
22 Sec. 2-107. An owner, licensee, administrator, employee
23 or agent of a facility shall not abuse or neglect a resident.
24 It is the duty of any facility employee or agent who becomes
25 aware of such abuse or neglect to report it as provided in
26 the Human Services Inspector General Act "The Abused and
27 Neglected Long Term Care Facility Residents Reporting Act".
28 (Source: P.A. 82-120.)
29 Section 136. The Child Care Act of 1969 is amended by
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1 changing Section 4.2 as follows:
2 (225 ILCS 10/4.2) (from Ch. 23, par. 2214.2)
3 Sec. 4.2. (a) No applicant may receive a license from
4 the Department and no person may be employed by a licensed
5 child care facility who refuses to authorize an investigation
6 as required by Section 4.1.
7 (b) No applicant may receive a license from the
8 Department and no person may be employed by a child care
9 facility licensed by the Department who has been declared a
10 sexually dangerous person under "An Act in relation to
11 sexually dangerous persons, and providing for their
12 commitment, detention and supervision", approved July 6,
13 1938, as amended, or convicted of committing or attempting to
14 commit any of the following offenses stipulated under the
15 Criminal Code of 1961:
16 (1) murder;
17 (1.1) solicitation of murder;
18 (1.2) solicitation of murder for hire;
19 (1.3) intentional homicide of an unborn child;
20 (1.4) voluntary manslaughter of an unborn child;
21 (1.5) involuntary manslaughter;
22 (1.6) reckless homicide;
23 (1.7) concealment of a homicidal death;
24 (1.8) involuntary manslaughter of an unborn child;
25 (1.9) reckless homicide of an unborn child;
26 (1.10) drug induced homicide;
27 (2) a sex offense under Article 11, except offenses
28 described in Sections 11-7, 11-8, 11-12, and 11-13;
29 (3) kidnapping;
30 (3.1) aggravated unlawful restraint;
31 (3.2) forcible detention;
32 (3.3) harboring a runaway;
33 (3.4) aiding and abetting child abduction;
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1 (4) aggravated kidnapping;
2 (5) child abduction;
3 (6) aggravated battery of a child;
4 (7) criminal sexual assault;
5 (8) aggravated criminal sexual assault;
6 (8.1) predatory criminal sexual assault of a child;
7 (9) criminal sexual abuse;
8 (10) aggravated sexual abuse;
9 (11) heinous battery;
10 (12) aggravated battery with a firearm;
11 (13) tampering with food, drugs, or cosmetics;
12 (14) drug induced infliction of great bodily harm;
13 (15) hate crime;
14 (16) stalking;
15 (17) aggravated stalking;
16 (18) threatening public officials;
17 (19) home invasion;
18 (20) vehicular invasion;
19 (21) criminal transmission of HIV;
20 (22) criminal neglect of an elderly or disabled
21 person;
22 (22.5) criminal neglect of a vulnerable adult;
23 (23) child abandonment;
24 (24) endangering the life or health of a child;
25 (25) ritual mutilation;
26 (26) ritualized abuse of a child;
27 (27) an offense in any other state the elements of
28 which are similar and bear a substantial relationship to
29 any of the foregoing offenses.
30 (c) In addition to the provisions set forth in
31 subsection (b), no applicant may receive a license from the
32 Department to operate a foster family home, and no adult
33 person may reside in a foster family home licensed by the
34 Department, who has been convicted of committing or
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1 attempting to commit any of the following offenses stipulated
2 under the Criminal Code of 1961, the Cannabis Control Act,
3 and the Illinois Controlled Substances Act:
4 (I) OFFENSES DIRECTED AGAINST THE PERSON
5 (A) KIDNAPPING AND RELATED OFFENSES
6 (1) Unlawful restraint.
7 (B) BODILY HARM
8 (2) Felony aggravated assault.
9 (3) Vehicular endangerment.
10 (4) Felony domestic battery.
11 (5) Aggravated battery.
12 (6) Heinous battery.
13 (7) Aggravated battery with a firearm.
14 (8) Aggravated battery of an unborn child.
15 (9) Aggravated battery of a senior citizen.
16 (10) Intimidation.
17 (11) Compelling organization membership of persons.
18 (12) Abuse and gross neglect of a long term care
19 facility resident.
20 (13) Felony violation of an order of protection.
21 (II) OFFENSES DIRECTED AGAINST PROPERTY
22 (14) Felony theft.
23 (15) Robbery.
24 (16) Armed robbery.
25 (17) Aggravated robbery.
26 (18) Vehicular hijacking.
27 (19) Aggravated vehicular hijacking.
28 (20) Burglary.
29 (21) Possession of burglary tools.
30 (22) Residential burglary.
31 (23) Criminal fortification of a residence or
32 building.
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1 (24) Arson.
2 (25) Aggravated arson.
3 (26) Possession of explosive or explosive
4 incendiary devices.
5 (III) OFFENSES AFFECTING PUBLIC HEALTH, SAFETY, AND DECENCY
6 (27) Felony unlawful use of weapons.
7 (28) Aggravated discharge of a firearm.
8 (29) Reckless discharge of a firearm.
9 (30) Unlawful use of metal piercing bullets.
10 (31) Unlawful sale or delivery of firearms on the
11 premises of any school.
12 (32) Disarming a police officer.
13 (33) Obstructing justice.
14 (34) Concealing or aiding a fugitive.
15 (35) Armed violence.
16 (36) Felony contributing to the criminal
17 delinquency of a juvenile.
18 (IV) DRUG OFFENSES
19 (37) Possession of more than 30 grams of cannabis.
20 (38) Manufacture of more than 10 grams of cannabis.
21 (39) Cannabis trafficking.
22 (40) Delivery of cannabis on school grounds.
23 (41) Unauthorized production of more than 5
24 cannabis sativa plants.
25 (42) Calculated criminal cannabis conspiracy.
26 (43) Unauthorized manufacture or delivery of
27 controlled substances.
28 (44) Controlled substance trafficking.
29 (45) Manufacture, distribution, or advertisement of
30 look-alike substances.
31 (46) Calculated criminal drug conspiracy.
32 (46.5) Streetgang criminal drug conspiracy.
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1 (47) Permitting unlawful use of a building.
2 (48) Delivery of controlled, counterfeit, or
3 look-alike substances to persons under age 18, or at
4 truck stops, rest stops, or safety rest areas, or on
5 school property.
6 (49) Using, engaging, or employing persons under 18
7 to deliver controlled, counterfeit, or look-alike
8 substances.
9 (50) Delivery of controlled substances.
10 (51) Sale or delivery of drug paraphernalia.
11 (52) Felony possession, sale, or exchange of
12 instruments adapted for use of a controlled substance or
13 cannabis by subcutaneous injection.
14 (Source: P.A. 89-21, eff. 7-1-95; 89-263, eff. 8-10-95;
15 89-428, eff. 12-13-95; 89-462, eff. 5-29-96; 89-498, eff.
16 6-27-96.)
17 Section 140. The Elder Abuse and Neglect Act is amended
18 by changing Sections 2, 3, 4, 5, 6, 8, and 9 as follows:
19 (320 ILCS 20/2) (from Ch. 23, par. 6602)
20 Sec. 2. Definitions. As used in this Act, unless the
21 context requires otherwise:
22 (a) (Blank). "Abuse" means causing any physical, mental
23 or sexual injury to an eligible adult, including exploitation
24 of such adult's financial resources. Nothing in this Act
25 shall be construed to mean that an eligible adult is a victim
26 of abuse or neglect for the sole reason that he or she is
27 being furnished with or relies upon treatment by spiritual
28 means through prayer alone, in accordance with the tenets and
29 practices of a recognized church or religious denomination.
30 (b) "Department" means the Department on Aging of the
31 State of Illinois.
32 (c) "Director" means the Director of the Department.
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1 (d) "Domestic living situation" means a residence where
2 the eligible adult lives alone or with his or her family or a
3 caretaker, or others, but is not:
4 (1) A licensed facility as defined in Section
5 1-113 of the Nursing Home Care Act;
6 (2) A "life care facility" as defined in the Life
7 Care Facilities Act;
8 (3) A home, institution, or other place operated by
9 the federal government or agency thereof or by the State
10 of Illinois;
11 (4) A hospital, sanitarium, or other institution,
12 the principal activity or business of which is the
13 diagnosis, care, and treatment of human illness through
14 the maintenance and operation of organized facilities
15 therefor, which is required to be licensed under the
16 Hospital Licensing Act;
17 (5) A "community living facility" as defined in the
18 Community Living Facilities Licensing Act;
19 (6) A "community residential alternative" as
20 defined in the Community Residential Alternatives
21 Licensing Act; and
22 (7) A "community-integrated living arrangement" as
23 defined in the Community-Integrated Living Arrangements
24 Licensure and Certification Act.
25 (e) "Eligible adult" means a person 60 years of age or
26 older who resides in a domestic setting and is subjected to
27 maltreatment abused or neglected by another individual.
28 (f) "Emergency" means a situation in which an eligible
29 adult is living in conditions presenting a risk of death or
30 physical, mental or sexual injury and is unable to consent to
31 services which would alleviate that risk.
32 (g) "Maltreatment" means abuse, neglect, or financial
33 exploitation as defined in the Vulnerable Adults Act.
34 "Neglect" means another individual's failure to provide an
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1 eligible adult with or willful withholding from an eligible
2 adult the necessities of life including, but not limited to,
3 food, clothing, shelter or medical care. This subsection does
4 not create any new affirmative duty to provide support to
5 eligible adults.
6 (h) "Provider agency" means any public or nonprofit
7 agency in a planning and service area appointed by the
8 regional administrative agency with prior approval by the
9 Department on Aging to receive and assess reports of alleged
10 or suspected maltreatment abuse or neglect.
11 (i) "Regional administrative agency" means any public or
12 nonprofit agency in a planning and service area so designated
13 by the Department, provided that the designated Area Agency
14 on Aging shall be designated the regional administrative
15 agency if it so requests.
16 (j) "Substantiated case" means a reported case of
17 alleged or suspected maltreatment abuse or neglect in which a
18 provider agency, after assessment, determines that there is
19 reason to believe maltreatment abuse or neglect has occurred.
20 (Source: P.A. 86-820; 87-264.)
21 (320 ILCS 20/3) (from Ch. 23, par. 6603)
22 Sec. 3. Responsibilities.
23 (a) The Department shall establish, design and manage a
24 program of services for persons 60 years of age and older who
25 have been victims of maltreatment elder abuse or neglect.
26 The Department shall contract with or fund regional
27 administrative agencies or provider agencies, or both, for
28 the provision of those services pursuant to this Act.
29 (b) Each regional administrative agency shall designate
30 provider agencies within its planning and service area with
31 prior approval by the Department on Aging, monitor the use of
32 services, provide technical assistance to the provider
33 agencies and be involved in program development activities.
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1 (c) Provider agencies shall assist eligible adults who
2 need agency services to allow them to continue to function
3 independently. Such assistance shall include but not be
4 limited to receiving reports of alleged or suspected
5 maltreatment abuse or neglect, conducting face-to-face
6 assessments of such reported cases, determination of
7 substantiated cases, referral of substantiated cases for
8 necessary support services, and provision of case work and
9 follow-up services on substantiated cases.
10 (Source: P.A. 85-1184.)
11 (320 ILCS 20/4) (from Ch. 23, par. 6604)
12 Sec. 4. Reports of maltreatment abuse or neglect. The
13 Department shall receive and process reports of maltreatment
14 in accordance with the provisions of the Vulnerable Adults
15 Act. This Act is complementary to the Vulnerable Adults Act
16 and shall be read in conjunction with that Act. To the
17 extent that this Act conflicts in any material provision with
18 the Vulnerable Adults Act that Act shall control.
19 (a) Any person wishing to report a case of alleged or
20 suspected abuse or neglect may make such a report to an
21 agency designated to receive such reports under this Act or
22 to the Department. A person making a report under this Act
23 in the belief that it is in the alleged victim's best
24 interest shall be immune from criminal or civil liability or
25 professional disciplinary action on account of making the
26 report, notwithstanding any requirements concerning the
27 confidentiality of information with respect to such patient
28 which might otherwise be applicable. Law enforcement
29 officers shall continue to report incidents of alleged abuse
30 pursuant to the Illinois Domestic Violence Act of 1986,
31 notwithstanding any requirements under this Act.
32 (b) Any person, institution or agency making a report
33 under this Act in good faith, or taking photographs or x-rays
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1 as a result of an authorized assessment, shall have immunity
2 from any civil, criminal or other liability in any civil,
3 criminal or other proceeding brought in consequence of making
4 such report or assessment or on account of submitting or
5 otherwise disclosing such photographs or x-rays to any agency
6 designated to receive reports of alleged or suspected abuse
7 or neglect. Any person, institution or agency authorized by
8 the Department to provide assessment, intervention, or
9 administrative services under this Act shall, in the good
10 faith performance of those services, have immunity from any
11 civil, criminal or other liability in any civil, criminal, or
12 other proceeding brought as a consequence of the performance
13 of those services.
14 (c) The identity of a person making a report of alleged
15 or suspected abuse or neglect under this Act may be disclosed
16 by the Department or other agency provided for in this Act
17 only with such person's written consent or by court order.
18 (d) The Department shall by rule establish a system for
19 filing and compiling reports made under this Act.
20 (Source: P.A. 87-264; 87-435.)
21 (320 ILCS 20/5) (from Ch. 23, par. 6605)
22 Sec. 5. Procedure. A provider agency designated to
23 receive reports of alleged or suspected maltreatment abuse or
24 neglect under this Act shall, upon receiving such a report,
25 conduct a face-to-face assessment with respect to such
26 report. The assessment shall include, but not be limited to,
27 a visit to the residence of the eligible adult who is the
28 subject of the report and may include interviews or
29 consultations with service agencies or individuals who may
30 have knowledge of the eligible adult's circumstances. If,
31 after the assessment, the provider agency determines that the
32 case is substantiated it shall develop a service care plan
33 for the eligible adult. In developing the plan, the provider
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1 agency may consult with any other appropriate provider of
2 services, and such providers shall be immune from civil or
3 criminal liability on account of such acts. The plan shall
4 include alternative suggested or recommended services which
5 are appropriate to the needs of the eligible adult and which
6 involve the least restriction of the eligible adult's
7 activities commensurate with his needs. Only those services
8 to which consent is provided in accordance with Section 9 of
9 this Act shall be provided, contingent upon the availability
10 of such services.
11 (Source: P.A. 85-1184.)
12 (320 ILCS 20/6) (from Ch. 23, par. 6606)
13 Sec. 6. Time. The Department shall by rule establish
14 the period of time within which an assessment shall begin and
15 within which a service care plan shall be implemented. Such
16 rules shall provide for an expedited response to emergency
17 situations and shall meet the minimum time requirements
18 established in, and otherwise be consistent with the
19 provisions of the Vulnerable Adults Act.
20 (Source: P.A. 85-1184.)
21 (320 ILCS 20/8) (from Ch. 23, par. 6608)
22 Sec. 8. Access to records. All records concerning
23 reports of maltreatment elder abuse and neglect and all
24 records generated as a result of such reports shall be
25 confidential and shall not be disclosed except as
26 specifically authorized by this Act or other applicable law.
27 Access to such records, but not access to the identity of the
28 person or persons making a report of alleged maltreatment
29 abuse or neglect as contained in such records, shall be
30 allowed to the following persons and for the following
31 persons:
32 (a) Department staff, provider agency staff and regional
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1 administrative agency staff in the furtherance of their
2 responsibilities under this Act;
3 (b) A law enforcement agency investigating known or
4 suspected maltreatment elder abuse or neglect;
5 (c) A physician who has before him an eligible adult
6 whom he reasonably suspects may be maltreated abused or
7 neglected;
8 (d) An eligible adult reported to be maltreated abused
9 or neglected, or such adult's guardian unless such guardian
10 is the alleged perpetrator abuser;
11 (e) A court, upon its finding that access to such
12 records may be necessary for the determination of an issue
13 before such court. However, such access shall be limited to
14 an in camera inspection of the records, unless the court
15 determines that disclosure of the information contained
16 therein is necessary for the resolution of an issue then
17 pending before it;
18 (f) A grand jury, upon its determination that access to
19 such records is necessary in the conduct of its official
20 business;
21 (g) Any person authorized by the Director, in writing,
22 for audit or bona fide research purposes;
23 (h) A coroner or medical examiner who has reason to
24 believe that an eligible adult has died as the result of
25 maltreatment abuse or neglect; and
26 (i) Department of Professional Regulation staff and
27 members of the Social Work Examining and Disciplinary Board
28 in the course of investigating alleged violations of the
29 Clinical Social Work and Social Work Practice Act by provider
30 agency staff.
31 (Source: P.A. 89-387, eff. 8-20-95.)
32 (320 ILCS 20/9) (from Ch. 23, par. 6609)
33 Sec. 9. Authority to consent to services. (a) If an
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1 eligible adult consents to services being provided according
2 to the service care plan, such services shall be arranged to
3 meet the adult's needs, based upon the availability of
4 resources to provide such services. If an adult withdraws
5 his consent or refuses to accept such services, the services
6 shall not be provided.
7 (b) If it reasonably appears to the Department or other
8 agency designated under this Act that a person is an eligible
9 adult and lacks the capacity to consent to necessary
10 services, the Department or other agency may seek the
11 appointment of a temporary guardian as provided in Article
12 XIa of the Probate Act of 1975 for the purpose of consenting
13 to such services.
14 (c) A guardian of the person of an eligible adult may
15 consent to services being provided according to the service
16 care plan. If a guardian withdraws his consent or refuses to
17 allow services to be provided to the eligible adult, the
18 Department may request an order of protection under the
19 Illinois Domestic Violence Act of 1986 seeking appropriate
20 remedies, and may in addition request removal of the guardian
21 and appointment of a successor guardian.
22 (d) If an emergency exists and the Department or other
23 agency designated under this Act reasonably believes that a
24 person is an eligible adult and lacks the capacity to consent
25 to necessary services, the Department or other agency may
26 request an order from the circuit court of the county in
27 which the petitioner or respondent resides or in which the
28 alleged maltreatment abuse or neglect occurred, authorizing
29 an assessment of a report of alleged or suspected
30 maltreatment abuse or neglect and the provision of necessary
31 services including relief available under the Illinois
32 Domestic Violence Act of 1986.
33 (Source: P.A. 85-1184.)
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1 Section 145. The Criminal Code of 1961 is amended by
2 adding Article 12.5 as follows:
3 (720 ILCS 5/Art. 12.5 heading new)
4 ARTICLE 12.5. CRIMES AGAINST VULNERABLE ADULTS
5 (720 ILCS 5/12.5-5 new)
6 Sec. 12.5-5. Vulnerable adult defined. For purposes of
7 this Article, the term vulnerable adult has the same meaning
8 set forth in the Vulnerable Adults Act.
9 (720 ILCS 5/12.5-10 new)
10 Sec. 12.5-10. Criminal abuse of a vulnerable adult. Any
11 caregiver who knowingly abuses a vulnerable adult is guilty
12 of criminal abuse of a vulnerable adult. For the purposes of
13 this Section, "abuse" has the meaning set forth in the
14 Vulnerable Adults Act.
15 (720 ILCS 5/12.5-15 new)
16 Sec. 12.5-15. Criminal neglect of a vulnerable adult. A
17 caregiver commits criminal neglect of a vulnerable adult when
18 he or she:
19 (a) intentionally neglects a vulnerable adult; or
20 (b) knowingly permits or allows conditions to exist that
21 result in abuse or neglect of a vulnerable adult.
22 For the purposes of this Section, "abuse" and "neglect"
23 have the meanings set forth in the Vulnerable Adult Act.
24 (720 ILCS 5/12.5-20 new)
25 Sec. 12.5-20. Penalties.
26 (a) A person who violates Section 12.5-10 or 12.5-15 of
27 this Article shall be subject to the following:
28 (1) if the violation results in the death of a
29 vulnerable adult, the person is guilty of a Class 1
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1 felony and subject to a fine of no more than $30,000;
2 (2) if the violation results in great bodily harm
3 to a vulnerable adult, the person is guilty of a Class 2
4 felony and subject to a fine of no more than $20,000;
5 (3) if the violation results in bodily harm or risk
6 of death to a vulnerable adult, the person is guilty of a
7 Class 3 felony;
8 (4) if the violation involves conduct as described
9 in paragraph (a)(2)(ii) of Section 10 of the Vulnerable
10 Adults Act, the person is guilty of a Class A
11 misdemeanor;
12 (5) in the case of all other violations, the
13 person is guilty of a Class 4 felony.
14 (b) If the violation involves a vulnerable adult 60
15 years or older, the person is guilty of an offense that is
16 one class higher than prescribed in this Section.
17 (720 ILCS 5/12.5-25 new)
18 Sec. 12.5-25. Exemptions. For the purposes of this Article,
19 a vulnerable adult is not abused or neglected for the sole
20 reason that:
21 (a) the vulnerable adult or a person with authority to
22 make health care decisions for the vulnerable adult under the
23 laws of this State refuses consent or withdraws consent,
24 consistent with that authority and within the boundary of
25 reasonable medical practice, to any therapeutic conduct,
26 including any care, service, or procedure to diagnose,
27 maintain, or treat the physical or mental condition of the
28 vulnerable adult or, where permitted under law, to provide
29 nutrition and hydration parenterally or through intubation.
30 This paragraph does not enlarge or diminish rights otherwise
31 had under law by:
32 (1) a vulnerable adult or a person acting on behalf
33 of a vulnerable adult, including an involved family
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1 member, to consent to or refuse consent for therapeutic
2 conduct; or
3 (2) a caregiver to offer or provide or refuse to
4 offer or provide therapeutic conduct.
5 (b) the vulnerable adult, a person with the authority to
6 make health care decisions for the vulnerable adult, or a
7 caregiver in good faith selects and depends upon spiritual
8 means or prayer for treatment or care of disease or remedial
9 care of the vulnerable adult in lieu of medical care,
10 provided that this is consistent with the prior practice or
11 belief of the vulnerable adult or the expressed intentions of
12 the vulnerable adult.
13 (720 ILCS 5/12.5-30 new)
14 Sec. 12.5-30. Financial exploitation of a vulnerable adult.
15 A person commits the offense of financial exploitation of a
16 vulnerable adult when he or she:
17 (a) has a fiduciary obligation to a vulnerable adult, as
18 understood in paragraph (h)(1) of Section 10 of the
19 Vulnerable Adults Act, and knowingly:
20 (1) fails to use the financial resources of the
21 vulnerable adult to provide food, clothing, shelter,
22 health care, therapeutic conduct, or supervision, to the
23 detriment of the vulnerable adult; or
24 (2) engages in unauthorized expenditures of funds
25 which results in a detriment to the vulnerable adult; or
26 (b) in the absence of legal authority, as defined in
27 paragraph (h) of Section 10 of the Vulnerable Adults Act,
28 knowingly:
29 (1) obtains for his or her benefit, or that of
30 another, possession or control over the property, or any
31 interest therein, of a vulnerable adult by deception or
32 intimidation; or
33 (2) forces, compels, coerces, or entices a
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1 vulnerable adult to perform services for the profit or
2 benefit of another.
3 Nothing in this Section requires a facility or caregiver
4 to provide financial advice or supervise financial management
5 for a vulnerable adult except as otherwise required by law.
6 (720 ILCS 5/12.5-35 new)
7 Sec. 12.5-35. Penalties. A person who violates
8 paragraph (a)(1) or (a)(2) of Section 12.5-30 is guilty of a
9 Class 3 felony; a violation of paragraph (b)(1) of Section
10 12.5-30 is a Class 4 felony if the value of the property is
11 $300 or less, a Class 3 felony if the value of the property
12 is more than $300 but less than $10,000, a Class 2 felony if
13 the value of the property is more than $10,000 but less than
14 $100,000, and a Class 1 felony if the value of the property
15 is more than $100,000. If the vulnerable adult is 60 years
16 or older and the value of the property is more than $5,000
17 but less than $100,000 the person is guilty of a Class 2
18 felony. A person who violates paragraph (b)(2) of Section
19 12.5-30 is guilty of a Class 4 felony.
20 (720 ILCS 5/12-19 rep.)
21 (720 ILCS 5/12-21 rep.)
22 (720 ILCS 5/16-1.3 rep.)
23 Section 150. The Criminal Code of 1961 is amended by
24 repealing Sections 12-19, 12-21 and 16-1.3.
25 Section 155. No acceleration or delay. Where this Act
26 makes changes in a statute that is represented in this Act by
27 text that is not yet or no longer in effect (for example, a
28 Section represented by multiple versions), the use of that
29 text does not accelerate or delay the taking effect of (i)
30 the changes made by this Act or (ii) provisions derived from
31 any other Public Act.
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1 INDEX
2 Statutes amended in order of appearance
3 20 ILCS 2435/1 from Ch. 23, par. 3395-1
4 20 ILCS 2435/5 from Ch. 23, par. 3395-5
5 20 ILCS 2435/10 from Ch. 23, par. 3395-10
6 20 ILCS 2435/15 from Ch. 23, par. 3395-15
7 20 ILCS 2435/20 from Ch. 23, par. 3395-20
8 20 ILCS 2435/35 from Ch. 23, par. 3395-35
9 20 ILCS 2435/45 from Ch. 23, par. 3395-45
10 20 ILCS 2435/50 from Ch. 23, par. 3395-50
11 20 ILCS 2435/55 from Ch. 23, par. 3395-55
12 20 ILCS 2435/65 from Ch. 23, par. 3395-65
13 20 ILCS 2435/25 rep
14 20 ILCS 2435/30 rep
15 210 ILCS 30/1 from Ch. 111 1/2, par. 4161
16 210 ILCS 30/3 from Ch. 111 1/2, par. 4163
17 210 ILCS 30/5 from Ch. 111 1/2, par. 4165
18 210 ILCS 30/6.2 from Ch. 111 1/2, par. 4166.2
19 210 ILCS 30/6.4 from Ch. 111 1/2, par. 4166.4
20 210 ILCS 30/6.8 from Ch. 111 1/2, par. 4166.8
21 210 ILCS 30/8 from Ch. 111 1/2, par. 4168
22 210 ILCS 30/9 from Ch. 111 1/2, par. 4169
23 210 ILCS 30/10 from Ch. 111 1/2, par. 4170
24 210 ILCS 30/11 from Ch. 111 1/2, par. 4171
25 210 ILCS 30/15 from Ch. 111 1/2, par. 4175
26 210 ILCS 30/2 rep
27 210 ILCS 30/4 rep
28 210 ILCS 30/6 rep
29 210 ILCS 30/7 rep
30 210 ILCS 30/12 rep
31 210 ILCS 30/13 rep
32 210 ILCS 30/14 rep
33 210 ILCS 30/16 rep
34 210 ILCS 45/1-103 from Ch. 111 1/2, par. 4151-103
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1 210 ILCS 45/1-117 from Ch. 111 1/2, par. 4151-117
2 320 ILCS 20/2 from Ch. 23, par. 6602
3 320 ILCS 20/3 from Ch. 23, par. 6603
4 320 ILCS 20/4 from Ch. 23, par. 6604
5 320 ILCS 20/5 from Ch. 23, par. 6605
6 320 ILCS 20/6 from Ch. 23, par. 6606
7 320 ILCS 20/8 from Ch. 23, par. 6608
8 320 ILCS 20/9 from Ch. 23, par. 6609
9 720 ILCS 5/12-19 rep.
10 720 ILCS 5/12-21 rep.
11 720 ILCS 5/16-1.3 rep.
12 720 ILCS 5/Art. 12.5 heading new
13 720 ILCS 5/12.5-5 new
14 720 ILCS 5/12.5-10 new
15 720 ILCS 5/12.5-15 new
16 720 ILCS 5/12.5-20 new
17 720 ILCS 5/12.5-25 new
18 720 ILCS 5/12.5-30 new
19 720 ILCS 5/12.5-35 new