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Public Act 91-0671
SB818 Re-enrolled LRB9105680PTmb
AN ACT concerning disabled adults.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Mental Health and Developmental
Disabilities Administrative Act is amended by changing
Section 66 as follows:
(20 ILCS 1705/66) (from Ch. 91 1/2, par. 100-66)
Sec. 66. Domestic abuse of disabled adults. Pursuant to
the Domestic Abuse of Disabled Adults with Disabilities
Intervention Act, as appropriated funds become available, the
Department shall have the authority to provide developmental
disability or mental health services in state-operated
facilities or through Department supported community agencies
to eligible adults in substantiated cases of abuse, neglect
or exploitation on a priority basis and to waive current
eligibility requirements in an emergency pursuant to the
Domestic Abuse of Disabled Adults with Disabilities
Intervention Act. This Section shall not be interpreted to
be in conflict with standards for admission to residential
facilities as provided in the Mental Health and Developmental
Disabilities Code.
(Source: P.A. 89-507, eff. 7-1-97.)
Section 10. The Domestic Abuse of Disabled Adults
Intervention Act is amended by changing the Act title and
Sections 1, 5, 10, 15, 20, 25, 30, 35, 40, 45, 50, 55, and 60
as follows:
(20 ILCS 2435/Act title)
An Act concerning domestic abuse of adults with
disabilities, and amending a named Act.
(Source: P.A. 87-658.)
(20 ILCS 2435/1) (from Ch. 23, par. 3395-1)
Sec. 1. Short title. This Act may be cited as the
Domestic Abuse of Adults with Disabilities Disabled Adults
Intervention Act.
(Source: P.A. 87-658.)
(20 ILCS 2435/5) (from Ch. 23, par. 3395-5)
Sec. 5. Legislative declaration and intent. The
Illinois General Assembly recognizes that many adult persons
with disabilities in this State are in need of protection
from domestic abuse, neglect, and exploitation, and that this
State has a responsibility to protect those persons while not
infringing on the individual's rights. Protection should
maintain the individual's rights, and, at the same time,
protect the individual from domestic abuse, neglect, and
exploitation. The General Assembly recognizes that many
services currently exist in the State but that access to
services is often involved and complicated. It is the intent
of the General Assembly to provide for the voluntary
reporting and assessment of alleged or suspected cases
detection and correction of domestic abuse, neglect, and
exploitation of adults with disabilities. It is intended
that the reporting of cases of domestic abuse, neglect, and
exploitation will cause the existing services in order for
the resources of the State to be utilized brought to bear in
an effort to prevent, reduce, or eliminate such further
domestic abuse, neglect, and exploitation.
(Source: P.A. 87-658.)
(20 ILCS 2435/10) (from Ch. 23, par. 3395-10)
Sec. 10. Purposes. This Act shall be liberally
construed and applied to promote its underlying purposes,
which are to:
(a) prevent, reduce, and eliminate domestic abuse,
neglect, and exploitation of adults with disabilities adult
disabled persons;
(a-5) recognize abuse, neglect, and exploitation of
adults with disabilities as a serious problem which takes on
many forms, including physical abuse, sexual abuse, neglect,
and exploitation, and to facilitate accessibility of services
and remedies under the Act in order to provide immediate and
effective assistance and protection;
(b) provide for the reporting and assessment of permit
health care providers, medical professionals, social service
workers, and other citizens to voluntarily report alleged or
suspected domestic abuse, neglect, and exploitation of adults
with disabilities adult disabled persons;
(c) refer abused, neglected, and exploited adults with
disabilities adult disabled persons to appropriate State and
private agencies for emergency services, protective services,
and other assistance necessary to prevent further harm; and
(c-5) encourage and support the efforts of law
enforcement officers to provide immediate, effective
assistance and protection for adults with disabilities who
are abused, neglected, or exploited;
(c-7) support the expansion of civil and criminal
remedies for adults with disabilities who are abused,
neglected, or exploited; and
(d) collect information on the incidence of domestic
abuse, neglect, and exploitation of adults with disabilities
adult disabled persons and other data to aid in the
establishment, and coordination, and provision of adequate
services to adults with disabilities in a timely, appropriate
manner.
(Source: P.A. 87-658.)
(20 ILCS 2435/15) (from Ch. 23, par. 3395-15)
Sec. 15. Definitions. As used in this Act:
"Abuse" means causing any physical injury, sexual, abuse
or mental injury to an adult with disabilities, including
exploitation of the adult's financial resources disabled
person inflicted by another individual or entity. Nothing
in this Act shall be construed to mean that an adult with
disabilities disabled person is a victim of abuse or neglect
for the sole reason that he or she is being furnished with or
relies upon treatment by spiritual means through prayer
alone, in accordance with the tenets and practices of a
recognized church or religious denomination. Nothing in this
Act shall be construed to mean that an adult with
disabilities is a victim of abuse because of health care
services provided or not provided by licensed health care
professionals.
"Adult with disabilities" means a person aged 18 through
59 who resides in a domestic living situation and whose
physical or mental disability impairs his or her ability to
seek or obtain protection from abuse, neglect, or
exploitation.
"Adult disabled person" means a person aged 18 through 59
who is a disabled person.
"Comprehensive rehabilitation" means those services
necessary and appropriate for increasing the potential for
independent living or gainful employment as applicable.
"Department" means the Department of Human Services.
"Secretary" means the Secretary of Human Services.
"Disabled person" means any person who, by reason of a
physical or mental impairment, is or may be expected to be
totally or partially incapacitated for independent living or
gainful employment.
"Adults with Disabilities Domestic Abuse Project" or
"project" means that program within the Office of Inspector
General designated by the Department of Human Services
designated by the Secretary to receive and assess reports of
alleged or suspected domestic abuse, neglect, or exploitation
of adults with disabilities adult disabled persons.
"Domestic living situation" means a residence where the
adult with disabilities disabled person lives alone or with
his or her family or household members, a care giver, or
others or at a board and care home or other community-based
unlicensed facility, but is not:
(1) a licensed facility as defined in Section 1-113
of the Nursing Home Care Act.
(2) A life care facility as defined in the Life
Care Facilities Act.
(3) A home, institution, or other place operated by
the federal government, a federal agency, or the State.
(4) A hospital, sanitarium, or other institution,
the principal activity or business of which is the
diagnosis, care, and treatment of human illness through
the maintenance and operation of organized facilities and
that is required to be licensed under the Hospital
Licensing Act.
(5) A community living facility as defined in the
Community Living Facilities Licensing Act.
(6) A community-integrated living arrangement as
defined in the Community-Integrated Living Arrangements
Licensure and Certification Act or community residential
alternative as licensed under that Act. and not a
facility operated by the Department of Human Services as
successor to the Department of Mental Health and
Developmental Disabilities.
"Emergency" means a situation in which an adult with
disabilities is in disabled person's life or safety is in
imminent danger of death or great bodily harm.
"Exploitation" means the illegal, including tortious, use
of an adult disabled person or of the assets or resources of
an adult with disabilities disabled person. Exploitation
includes, but is not limited to, the misappropriation of
assets or resources of an adult with disabilities disabled
person by undue influence, by breach of a fiduciary
relationship, by fraud, deception, or extortion, or by the
use of the assets or resources in a manner contrary to law.
"Family or household members" means a person who as a
family member, volunteer, or paid care provider has assumed
responsibility for all or a portion of the care of an adult
with disabilities who needs assistance with activities of
daily living includes spouses, former spouses, parents,
children, stepchildren and other persons related by blood or
marriage, persons who share or formerly shared a common
dwelling and persons who have or allegedly have a child in
common. Family or household members includes any person who
has the responsibility for an adult disabled person as a
result of a family relationship or who has assumed
responsibility for all or a portion of the care of an adult
disabled person voluntarily, or by express or implied
contract, or by court order.
"Neglect" means the another individual's or entity's
failure of another individual to provide an adult with
disabilities with or the willful withholding from an adult
with disabilities the necessities of life, including, but not
limited to, food, clothing, shelter, or medical care. to
exercise that degree of care toward an adult disabled person
that a reasonable person would exercise under the
circumstances and includes but is not limited to:
(1) the failure to take reasonable steps to protect
an adult disabled person from acts of abuse;
(2) the repeated, careless imposition of
unreasonable confinement;
(3) the failure to provide food, shelter, clothing,
and personal hygiene to an adult disabled person who
requires that assistance;
(4) the failure to provide medical, rehabilitation,
and habilitation care for the physical and mental health
needs of an adult disabled person; or
(5) the failure to protect an adult disabled person
from health and safety hazards.
Nothing in the definition of "neglect" shall be construed to
impose a requirement that assistance be provided to an adult
with disabilities disabled person over his or her objection
in the absence of a court order, nor to create any new
affirmative duty to provide support, assistance, or
intervention to an adult with disabilities. Nothing in this
Act shall be construed to mean that an adult with
disabilities is a victim of neglect because of health care
services provided or not provided by licensed health care
professionals disabled person.
"Physical abuse" includes sexual abuse and means any of
the following:
(1) knowing or reckless use of physical force,
confinement, or restraint;
(2) knowing, repeated, and unnecessary sleep
deprivation; or
(3) knowing or reckless conduct which creates an
immediate risk of physical harm.
"Secretary" means the Secretary of Human Services.
"Sexual abuse" means touching, fondling, sexual threats,
sexually inappropriate remarks, or any other sexual activity
with an adult with disabilities when the adult with
disabilities is unable to understand, unwilling to consent,
threatened, or physically forced to engage in sexual
behavior.
"Rehabilitation" or "habilitation" means those vocational
or other appropriate services that increase the opportunities
for independent functioning or gainful employment.
"Substantiated case" means a reported case of alleged or
suspected domestic abuse, neglect, or exploitation in which
the Adults with Disabilities Domestic Abuse Project staff,
after assessment, determines that there is reason to believe
abuse, neglect, or exploitation has occurred.
(Source: P.A. 89-507, eff. 7-1-97.)
(20 ILCS 2435/20) (from Ch. 23, par. 3395-20)
Sec. 20. Establishment of project. The Office of
Inspector General Department of Human Services shall
establish an Adults with Disabilities a Domestic Abuse
Project as provided in this Act for adults with disabilities
adult disabled persons who have been abused, neglected, or
exploited in domestic living situations.
(Source: P.A. 89-507, eff. 7-1-97.)
(20 ILCS 2435/25) (from Ch. 23, par. 3395-25)
Sec. 25. Reports of domestic abuse, neglect, or
exploitation of an adult with disabilities.
(a) Any person who has reasonable cause to believe
abuse, neglect, or exploitation of an adult with disabilities
has occurred may report this to the statewide telephone
number established under this Act. Any person, institution,
or agency may voluntarily report a case of alleged or
suspected domestic abuse, neglect, or exploitation of an
adult disabled person to the Domestic Abuse Project. Law
enforcement officers shall also continue to report incidents
of alleged abuse pursuant to the Illinois Domestic Violence
Act of 1986.
(b) Any person, institution, or agency making a report
or assessment under this Section in good faith, or providing
information, participating in an assessment, or taking
photographs or x-rays, shall be immune from any civil or
criminal liability on account of making the report or
assessment, providing information, or participating in an
assessment, or on account of submitting or otherwise
disclosing the photographs or x-rays to the Adults with
Disabilities Domestic Abuse Project.
(c) The identity of a person making a report of alleged
or suspected domestic abuse, neglect, or exploitation under
this Section may be disclosed by the Office of Inspector
General Department or other agency provided for only with the
person's written consent or by court order.
(d) The privileged quality of communication between any
licensed health care professional or any other person who
reports abuse, neglect, or exploitation and his or her
patient or client shall not apply to situations involving
abused, neglected, or exploited adults with disabilities. Use
of a telecommunication device for the deaf constitutes an
oral report. Written reports may be taken, but cannot be
required.
(e) All reports shall, if possible, include the name and
address of the adult with disabilities, the name and address
of the alleged abuser, if applicable, the nature and extent
of the suspected abuse, neglect, or exploitation, the
possible extent of the injury or condition as a result of the
abuse, neglect, or exploitation, any evidence of previous
abuse, neglect, or exploitation, the time, date and location
of the incident, the name, address of the reporter, and any
other information that the reporter believes may be useful in
assessing the suspected abuse, neglect, or exploitation.
(f) The Office of Inspector General shall refer evidence
of crimes against an adult with disabilities to the
appropriate law enforcement agency according to Office of
Inspector General policies. A referral to law enforcement
may be made at any time. When the Office of Inspector General
has reason to believe that the death of an adult with
disabilities may be the result of abuse, neglect, or
exploitation, the Office of Inspector General shall
immediately report the matter to the coroner or medical
examiner and shall cooperate fully with any subsequent
investigation.
(g) Nothing in this Act shall preclude a person from
reporting an alleged act of abuse, neglect, or exploitation
of an adult with disabilities to a law enforcement agency.
(h) Nothing in this Act shall diminish the duty of law
enforcement officers to respond to and investigate incidents
of alleged abuse, neglect, and exploitation pursuant to the
Illinois Domestic Violence Act of 1986, when applicable.
(Source: P.A. 87-658.)
(20 ILCS 2435/30) (from Ch. 23, par. 3395-30)
Sec. 30. Statewide telephone number.
(a) There shall be a single, statewide, TTY accessible,
24-hour toll free telephone number established and maintained
by the Office of Inspector General Department that all
persons may use to report alleged or suspected domestic
abuse, neglect, or exploitation of an adult with disabilities
disabled person during normal business hours and equipped
with an automated telephone recording device to receive
reports after the close of normal business hours.
(b) The Office of Inspector General Department shall
make every effort to publicize the statewide, TTY accessible,
24-hour toll free telephone number and to encourage public
understanding of and cooperation in reporting and eliminating
domestic abuse, neglect, and exploitation of adults with
disabilities adult disabled persons.
(c) The Office of Inspector General shall conduct
training at least annually for persons taking reports on the
statewide telephone number and persons conducting assessments
or making referrals for service plans.
(Source: P.A. 87-658.)
(20 ILCS 2435/35) (from Ch. 23, par. 3395-35)
Sec. 35. Assessment of reports.
(a) The Adults with Disabilities Domestic Abuse Project
shall, upon receiving a report of alleged or suspected
domestic abuse, neglect, or exploitation obtain and upon
receiving the consent of the subject of the report to,
conduct an assessment with respect to the report. The
assessment shall include, but not be limited to, a
face-to-face interview with the adult with disabilities
disabled person who is the subject of the report and may
include a visit to the residence of the adult with
disabilities, and interviews or consultations with service
agencies or individuals who may have knowledge of the adult
disabled person's circumstances of the adult with
disabilities. A determination shall be made whether each
report is substantiated. If the Office of Inspector General
determines that there is clear and substantial risk of death
or great bodily harm, it shall immediately secure or provide
emergency protective services for purposes of preventing
further abuse, neglect, or exploitation, and for safeguarding
the welfare of the person. Such services must be provided in
the least restrictive environment commensurate with the adult
with disabilities' needs. If, after the assessment, the
Domestic Abuse Project determines that a case is
substantiated, it shall develop, with the consent of and in
consultation with the adult disabled person, a service plan
for the adult disabled person. The plan shall include
services and other supports which are appropriate to the
needs of the adult disabled person and which involve the
least restriction of the adult disabled person's activities
commensurate with his needs, such as those provided by the
Department's Home Services Program and supported community
agencies. Every effort shall be made by the Domestic Abuse
Project to coordinate and cooperate with public and private
agencies to ensure the provision of services necessary to
eliminate further domestic abuse, neglect, and exploitation
of the adult disabled person who is the subject of the
report.
(a-5) The Adults with Disabilities Abuse Project shall
initiate an assessment of all reports of alleged or suspected
abuse or neglect within 7 days after receipt of the report,
except reports of abuse or neglect that indicate that the
life or safety of an adult with disabilities is in imminent
danger shall be assessed within 24 hours after receipt of the
report. Reports of exploitation shall be assessed within 30
days after the receipt of the report.
(b) (Blank). The Domestic Abuse Project shall conduct an
assessment of all reports of alleged or suspected domestic
abuse or neglect within 7 days after receipt of the report,
except reports of abuse or neglect that indicate that an
adult disabled person's life or safety is in imminent danger
shall be assessed within 24 hours after receipt of the
report. Reports of exploitation shall be assessed within 30
days after the receipt of the report.
(c) The Department shall effect written interagency
agreements with other State departments and any other public
and private agencies to coordinate and cooperate in the
handling of substantiated cases; to accept and manage
substantiated cases on a priority basis; and to waive
eligibility requirements for the adult with disabilities
disabled persons in an emergency.
(d) Every effort shall be made by the Adults with
Disabilities Abuse Project to coordinate and cooperate with
public and private agencies to ensure the provision of
services necessary to eliminate further abuse, neglect, and
exploitation of the adult with disabilities who is the
subject of the report.
The Office of Inspector General Department shall
promulgate rules and regulations to ensure the effective
implementation of the Adults with Disabilities Domestic Abuse
Project statewide.
(e) When the Adults with Disabilities Abuse Project
determines that a case is substantiated, it shall refer the
case to the appropriate office within the Department of Human
Services to develop, with the consent of and in consultation
with the adult with disabilities, a service plan for the
adult with disabilities.
(f) The Adults with Disabilities Abuse Project shall
refer reports of alleged or suspected abuse, neglect, or
exploitation to another State agency when that agency has a
statutory obligation to investigate such reports.
(g) If the Adults with Disabilities Abuse Project has
reason to believe that a crime has been committed, the
incident shall be reported to the appropriate law enforcement
agency.
(Source: P.A. 89-507, eff. 7-1-97.)
(20 ILCS 2435/40) (from Ch. 23, par. 3395-40)
Sec. 40. Assessment and Service plan periods. The
Department shall by rule establish the period of time within
which an assessment shall begin and within which a service
plan shall be implemented and the duration of the plan. The
rules shall provide for an expedited response to emergency
situations.
(Source: P.A. 87-658.)
(20 ILCS 2435/45) (from Ch. 23, par. 3395-45)
Sec. 45. Consent.
(a) If the Adults with Disabilities Domestic Abuse
Project has received a report of alleged or suspected abuse,
neglect, or exploitation with regard to an adult with
disabilities disabled person who lacks the capacity to
consent to an assessment or to services, the Adults with
Disabilities Domestic Abuse Project may seek, directly or
through another agency, the appointment of a temporary or
permanent guardian for assessment, provision of services, or
any other decision-making authority as is appropriate for the
individual as provided in Article XIa of the Probate Act of
1975 or other relief as provided under the Illinois Domestic
Violence Act of 1986.
(a-5) If the adult with disabilities consents to the
assessment, such assessment shall be conducted. If the adult
with disabilities consents to the services included in the
service plan, such services shall be provided. If the adult
with disabilities refuses or withdraws his or her consent to
the completion of the assessment, the assessment shall be
terminated. If the adult with disabilities refuses or
withdraws his or her consent to the provision of services,
the services shall not be provided.
(b) A guardian of the person of an adult with
disabilities disabled person who is abused, neglected, or
exploited by another individual in a domestic living
situation may consent to an assessment or to services being
provided pursuant to the service plan. If the guardian is
alleged to be the perpetrator of the abuse, neglect, or
exploitation, the Adults with Disabilities Domestic Abuse
Project shall seek the appointment of a temporary substitute
guardian pursuant to Section 213.3 of the Illinois Domestic
Violence Act of 1986 under the provisions of Article XIa of
the Probate Act of 1975. If a guardian withdraws his consent
or refuses to allow an assessment or services to be provided
to the adult with disabilities, the Adults with Disabilities
Domestic Abuse Project may seek directly or through another
agency a court order request an order of protection under the
Illinois Domestic Violence Act of 1986 seeking appropriate
remedies, and may in addition request removal of the guardian
and appointment of a successor guardian pursuant to Article
XIa of the Probate Act of 1975.
(c) For the purposes of this Section only, "lacks the
capacity to consent" shall mean that the adult with
disabilities disabled person reasonably appears to be unable
by reason of physical or mental condition to receive and
evaluate information related to the assessment or services,
or to communicate decisions related to the assessment or
services in the manner in which the person communicates.
(Source: P.A. 90-655, eff. 7-30-98.)
(20 ILCS 2435/50) (from Ch. 23, par. 3395-50)
Sec. 50. Access of an adult with disabilities disabled
persons.
(a) No person shall obstruct or impede the access of an
adult with disabilities disabled person to the Adults with
Disabilities Domestic Abuse Project nor obstruct or impede
the assessment of domestic abuse, neglect, or exploitation of
an adult with disabilities disabled person if the adult
consents to the assessment. If a person does so obstruct or
impede the access of an adult with disabilities disabled
person or assessment of domestic abuse, neglect, or
exploitation of the adult, local law enforcement agencies
shall take all appropriate action to assist the party seeking
access in petitioning for a warrant or an ex parte injunctive
order. The warrant or order may issue upon a showing of
probable cause to believe that the adult with disabilities
disabled person is the subject of domestic abuse, neglect, or
exploitation that constitutes a criminal offense or that any
other criminal offense is occurring that affects the
interests or welfare of the adult disabled person. When,
from the personal observations of a law enforcement officer,
it appears probable that delay of entry in order to obtain a
warrant or order would cause the adult with disabilities
disabled person to be in imminent danger of death or great
bodily harm, entry may be made by the law enforcement officer
after an announcement of the officer's authority and purpose.
(b) Pursuant to applicable State and federal law and
regulation, the reporting, assessment, and provision of
services shall be fully accessible to adults with
disabilities.
(Source: P.A. 87-658.)
(20 ILCS 2435/55) (from Ch. 23, par. 3395-55)
Sec. 55. Access to records. All records concerning
reports of domestic abuse, neglect, or exploitation of an
adult with disabilities disabled persons and all records
generated as a result of the reports shall be confidential
and shall not be disclosed except as specifically authorized
by this Act or other applicable law. Access to the records,
but not access to the identity of the person or persons
making a report of alleged domestic abuse, neglect, or
exploitation as contained in the records, shall be allowed to
the following persons and for the following purposes:
(a) Adults with Disabilities Domestic Abuse Project
staff in the furtherance of their responsibilities under this
Act;
(b) A law enforcement agency investigating alleged or
suspected domestic abuse, neglect, or exploitation of an
adult with disabilities disabled persons;
(c) An adult with disabilities disabled person reported
to be abused, neglected, or exploited, or the adult disabled
person's guardian of an adult with disabilities unless the
guardian is the alleged perpetrator of the abuse, neglect, or
exploitation;
(d) A court, upon its finding that access to the records
may be necessary for the determination of an issue before the
court. However, the access shall be limited to an in camera
inspection of the records, unless the court determines that
disclosure of the information contained therein is necessary
for the resolution of an issue then pending before it;
(e) A grand jury, upon its determination that access to
the records is necessary to the conduct of its official
business;
(f) Any person authorized by the Secretary, in writing,
for audit or bona fide research purposes;
(g) A coroner or medical examiner who has reason to
believe that abuse or neglect contributed to or resulted in
the death of an adult with disabilities an adult disabled
person has died as the result of domestic abuse or neglect;
(h) The agency designated pursuant to the Protection and
Advocacy for Developmentally Disabled Persons Act and the
Protection and Advocacy for Mentally Ill Persons Act.
(Source: P.A. 89-507, eff. 7-1-97.)
(20 ILCS 2435/60) (from Ch. 23, par. 3395-60)
Sec. 60. Annual reports. The Office of Inspector
General Department shall file with the Governor and the
General Assembly, within 90 days after the end of each fiscal
year, a report concerning its implementation of the Domestic
Abuse Project during each fiscal year, together with any
recommendations for future implementation. The annual report
shall include data on numbers of reports received, numbers of
reports substantiated, and unsubstantiated, number of
referrals to law enforcement and other referral resources,
numbers of assessments and service plans completed, and
protective services provided. The report shall also include
information on public education efforts engaged in, and
training provided to persons or agencies who are responsible
for the Act's implementation.
(Source: P.A. 87-658.)
(20 ILCS 2435/65 rep.)
Section 15. The Domestic Abuse of Disabled Adults
Intervention Act is amended by repealing Section 65.
Section 99. Effective date. This Act takes effect on
July 1, 2000.
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