102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB3786
 
Introduced 2/22/2021, by Rep. Robyn Gabel
 
SYNOPSIS AS INTRODUCED:
 

 



405 ILCS 5/3-210  from Ch. 91 1/2, par. 3-210

     Amends the Mental Health and Developmental Disabilities Code.  Provides that when an initial investigation of a reported allegation  of abuse, neglect or financial exploitation of a recipient of services indicates, based upon credible evidence, that an employee of a mental health or developmental disability facility is the perpetrator of the abuse, that employee shall immediately be barred from any further contact with recipients of services of the facility. Provides that an employee barred from contact with recipients of services shall remain barred: (1) pending the outcome of any further investigation, prosecution or disciplinary action against the employee; or (2) until the Department of Human Services Office of Inspector General independently determines that the allegation or allegations against the employee will be unsubstantiated or unfounded in the Office of Inspector General's final investigative report.  Defines "credible evidence".
  


LRB102 12065 RLC 17402 b

FISCAL NOTE ACT MAY APPLY
 
 
A BILL FOR
 

  
HB3786LRB102 12065 RLC 17402 b


  
1    AN ACT concerning health.
  
 
2    Be it enacted by the People of the State of Illinois,
 
3represented in the General Assembly:
  
 
 
4    Section 5. The Mental Health and Developmental 
5Disabilities Code is amended  by changing Section 3-210 as 
6follows:
 



7    (405 ILCS 5/3-210)  (from Ch. 91 1/2, par. 3-210)



8    Sec. 3-210. Employee as perpetrator of abuse. When an 
9initial investigation of a reported allegation  of abuse, 
10neglect or financial exploitation of a recipient of services 
11indicates, based upon credible evidence, that an employee of a 
12mental health or developmental disability facility is the 
13perpetrator of the abuse, that employee shall immediately be 
14barred from any further contact with recipients of services of 
15the facility. An employee barred from contact with recipients 
16of services shall remain barred:
17        (1) pending the outcome of any further investigation, 
18    prosecution or disciplinary action against the employee; 
19    or
20        (2) until the Department of Human Services Office of 
21    Inspector General independently determines that the 
22    allegation or allegations against the employee will be 
23    unsubstantiated or unfounded in the Office of Inspector 
 
 
HB3786- 2 -LRB102 12065 RLC 17402 b

1    General's final investigative report.
2    For the purposes of this Section, "credible evidence" is 
3any evidence that relates to the allegation or incident and 
4that is considered believable and reliable. When an 
5investigation
of a report of suspected abuse of a recipient of 
6services indicates, based
upon credible evidence, that an 
7employee of a mental health or
developmental disability 
8facility is the perpetrator of the abuse, that
employee shall 
9immediately be barred from any further contact with
recipients 
10of services of the facility, pending the outcome of any 
11further
investigation, prosecution or disciplinary action 
12against the employee.

13(Source: P.A. 86-1013.)