97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB3935

 

Introduced 11/14/2012, by Sen. William R. Haine

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends the Abuse of Adults with Disabilities Intervention Act. Requires the Office of Inspector General to immediately notify the appropriate law enforcement agency, including the appropriate State's Attorney's office, of the receipt of a complaint or report of alleged abuse, neglect, or exploitation of an adult with disabilities. Provides that upon the death of an adult with disabilities, where a complaint or report of alleged abuse, neglect, or exploitation was made prior to the person's death pursuant to the Act, regardless of whether the complaint or report was substantiated or unsubstantiated, and regardless of whether consent was given for an assessment, the Office of Inspector General designated by the Department of Human Services shall immediately report the matter to the appropriate law enforcement agency, including the appropriate State's Attorney's office, and coroner or medical examiner. Provides that such reports shall be in writing and shall contain information concerning (1) prior complaints or reports of alleged abuse, neglect, or exploitation of the disabled adult; (2) actions taken or not taken by the Office of Inspector General or the Department; (3) personnel who were involved in investigating the compliant or report of alleged abuse, neglect, or exploitation; and (4) case numbers. Requires the Office of Inspector General to: maintain a copy of the written report; document any subsequent actions; forward certain reports to the Attorney General; follow up on all deaths of adults with disabilities that were referred by the Office to a law enforcement agency since 2003; and other matters. Contains provisions concerning other matters. Effective immediately.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning State government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Abuse of Adults with Disabilities
5Intervention Act is amended by changing Sections 15, 25, 35,
640, and 45 and by adding Sections 36 and 37 as follows:
 
7    (20 ILCS 2435/15)  (from Ch. 23, par. 3395-15)
8    Sec. 15. Definitions. As used in this Act:
9    "Abuse" means causing any physical, sexual, or mental abuse
10to an adult with disabilities, including exploitation of the
11adult's financial resources. Nothing in this Act shall be
12construed to mean that an adult with disabilities is a victim
13of abuse or neglect for the sole reason that he or she is being
14furnished with or relies upon treatment by spiritual means
15through prayer alone, in accordance with the tenets and
16practices of a recognized church or religious denomination.
17Nothing in this Act shall be construed to mean that an adult
18with disabilities is a victim of abuse because of health care
19services provided or not provided by licensed health care
20professionals.
21    "Adult with disabilities" means a person aged 18 through 59
22who resides in a domestic living situation and whose physical
23or mental disability impairs his or her ability to seek or

 

 

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1obtain protection from abuse, neglect, or exploitation.
2    "Department" means the Department of Human Services.
3    "Adults with Disabilities Abuse Project" or "project"
4means that program within the Office of Inspector General
5designated by the Department of Human Services to receive and
6assess reports of alleged or suspected abuse, neglect, or
7exploitation of adults with disabilities.
8    "Domestic living situation" means a residence where the
9adult with disabilities lives alone or with his or her family
10or household members, a care giver, or others or at a board and
11care home or other community-based unlicensed facility, but is
12not:
13        (1) A licensed facility as defined in Section 1-113 of
14    the Nursing Home Care Act or Section 1-113 of the ID/DD
15    Community Care Act or Section 1-113 of the Specialized
16    Mental Health Rehabilitation Act.
17        (2) A life care facility as defined in the Life Care
18    Facilities Act.
19        (3) A home, institution, or other place operated by the
20    federal government, a federal agency, or the State.
21        (4) A hospital, sanitarium, or other institution, the
22    principal activity or business of which is the diagnosis,
23    care, and treatment of human illness through the
24    maintenance and operation of organized facilities and that
25    is required to be licensed under the Hospital Licensing
26    Act.

 

 

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1        (5) A community living facility as defined in the
2    Community Living Facilities Licensing Act.
3        (6) A community-integrated living arrangement as
4    defined in the Community-Integrated Living Arrangements
5    Licensure and Certification Act or community residential
6    alternative as licensed under that Act.
7    "Emergency" means a situation in which an adult with
8disabilities is in danger of death or great bodily harm.
9    "Family or household members" means a person who as a
10family member, volunteer, or paid care provider has assumed
11responsibility for all or a portion of the care of an adult
12with disabilities who needs assistance with activities of daily
13living.
14    "Financial exploitation" means the illegal, including
15tortious, use of the assets or resources of an adult with
16disabilities. Exploitation includes, but is not limited to, the
17misappropriation of assets or resources of an adult with
18disabilities by undue influence, by breach of a fiduciary
19relationship, by fraud, deception, or extortion, or by the use
20of the assets or resources in a manner contrary to law.
21    "Mental abuse" means the infliction of emotional or mental
22distress by a caregiver, a family member, or any person with
23ongoing access to a person with disabilities by threat of harm,
24humiliation, or other verbal or nonverbal conduct.
25    "Neglect" means the failure of another individual to
26provide an adult with disabilities with or the willful

 

 

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1withholding from an adult with disabilities the necessities of
2life, including, but not limited to, food, clothing, shelter,
3or medical care.
4    Nothing in the definition of "neglect" shall be construed
5to impose a requirement that assistance be provided to an adult
6with disabilities over his or her objection in the absence of a
7court order, nor to create any new affirmative duty to provide
8support, assistance, or intervention to an adult with
9disabilities. Nothing in this Act shall be construed to mean
10that an adult with disabilities is a victim of neglect because
11of health care services provided or not provided by licensed
12health care professionals.
13    "Physical abuse" means any of the following acts:
14        (1) knowing or reckless use of physical force,
15    confinement, or restraint;
16        (2) knowing, repeated, and unnecessary sleep
17    deprivation;
18        (3) knowing or reckless conduct which creates an
19    immediate risk of physical harm; or
20        (4) when committed by a caregiver, a family member, or
21    any person with ongoing access to a person with
22    disabilities, directing another person to physically abuse
23    a person with disabilities.
24    "Secretary" means the Secretary of Human Services.
25    "Service plan" means a temporary plan of the actions
26developed to address the service or support needs of the adult

 

 

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1with a disability.
2    "Sexual abuse" means touching, fondling, sexual threats,
3sexually inappropriate remarks, or any other sexual activity
4with an adult with disabilities when the adult with
5disabilities is unable to understand, unwilling to consent,
6threatened, or physically forced to engage in sexual behavior.
7Sexual abuse includes acts of sexual exploitation including,
8but not limited to, facilitating or compelling an adult with
9disabilities to become a prostitute, or receiving anything of
10value from an adult with disabilities knowing it was obtained
11in whole or in part from the practice of prostitution.
12    "Substantiated case" means a reported case of alleged or
13suspected abuse, neglect, or exploitation in which the Adults
14with Disabilities Abuse Project staff, after assessment,
15determines that there is reason to believe abuse, neglect, or
16exploitation has occurred.
17(Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11; 97-227,
18eff. 1-1-12; 97-354, eff. 8-12-11; 97-813, eff. 7-13-12.)
 
19    (20 ILCS 2435/25)  (from Ch. 23, par. 3395-25)
20    Sec. 25. Reports of abuse, neglect, or exploitation of an
21adult with disabilities.
22    (a) Any person who has reasonable cause to believe abuse,
23neglect, or exploitation of an adult with disabilities has
24occurred may report this to the statewide telephone number
25established under this Act.

 

 

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1    (b) Any person, institution, or agency making a report or
2assessment under this Section in good faith, or providing
3information, participating in an assessment, or taking
4photographs or x-rays, shall be immune from any civil or
5criminal liability on account of making the report or
6assessment, providing information, or participating in an
7assessment, or on account of submitting or otherwise disclosing
8the photographs or x-rays to the Adults with Disabilities Abuse
9Project.
10    (c) The identity of a person making a report of alleged or
11suspected abuse, neglect, or exploitation under this Section
12may be disclosed by the Office of Inspector General only with
13the person's written consent or by court order.
14    (d) The privileged quality of communication between any
15licensed health care professional or any other person who
16reports abuse, neglect, or exploitation and his or her patient
17or client shall not apply to situations involving abused,
18neglected, or exploited adults with disabilities. Use of a
19telecommunication device for the deaf constitutes an oral
20report. Written reports may be taken, but cannot be required.
21    (e) All reports shall, if possible, include the name and
22address of the adult with disabilities, the name and address of
23the alleged abuser, if applicable, the nature and extent of the
24suspected abuse, neglect, or exploitation, the possible extent
25of the injury or condition as a result of the abuse, neglect,
26or exploitation, any evidence of previous abuse, neglect, or

 

 

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1exploitation, the time, date and location of the incident, the
2name, address of the reporter, and any other information that
3the reporter believes may be useful in assessing the suspected
4abuse, neglect, or exploitation.
5    (e-1) The Office of Inspector General shall immediately
6notify the appropriate law enforcement agency, including the
7appropriate State's Attorney's office, of the receipt of a
8complaint or report of alleged abuse, neglect, or exploitation
9of an adult with disabilities.
10    (f) The Office of Inspector General shall refer evidence of
11crimes against an adult with disabilities to the appropriate
12law enforcement agency, including the appropriate State's
13Attorney's office, immediately upon finding evidence of a
14crime. according to Office of Inspector General policies. A
15referral to law enforcement may be made at any time. Upon the
16death of an adult with disabilities, where a complaint or
17report of alleged abuse, neglect, or exploitation was made
18prior to the person's death pursuant to this Act, regardless of
19whether the complaint or report was substantiated or
20unsubstantiated, and regardless of whether consent was given
21for an assessment, the Office of Inspector General shall
22immediately report the matter to both the appropriate (i) law
23enforcement agency, including the appropriate State's
24Attorney's office, and (ii) coroner or medical examiner.
25    Such reports shall be in writing and, at a minimum, shall
26contain information regarding (1) the prior complaint or report

 

 

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1of alleged abuse, neglect, or exploitation of the deceased
2adult with disabilities, the deceased adult with disabilities,
3and the reporter, upon the reporter's consent pursuant to this
4Act; (2) actions taken or not taken by the Office of Inspector
5General or the Department upon receiving the complaint or
6report of alleged abuse, neglect, or exploitation; (3) the
7personnel from the Department and the Office of Inspector
8General who were involved in investigating the compliant or
9report of alleged abuse, neglect, or exploitation; and (4) as
10available and applicable, the case numbers for the Department,
11the Office of Inspector General, law enforcement, and the
12coroner or medical examiner. The Office of Inspector General
13shall also maintain a copy of the written report and shall
14document subsequent action, if any, by the appropriate law
15enforcement agency.
16    Upon the completion of the coroner's report and the law
17enforcement agency's investigation, the Office of Inspector
18General shall forward its written report, the coroner's report,
19and the law enforcement agency's final investigative report to
20the Attorney General.
21    (f-1) Between 30 and 45 days after reporting the death of
22an adult with disabilities who was the subject of a pending
23complaint investigation by the Office of Inspector General to
24the appropriate law enforcement agency, including the
25appropriate State's Attorney's office, the Office of Inspector
26General shall contact that law enforcement agency and State's

 

 

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1Attorney's office to determine whether any further action was
2taken. If no further action was taken, at the end of the 45
3days following the Office of Inspector General's written
4report, the Office of Inspector General shall notify the Office
5of the Attorney General in writing.
6    (f-2) The Office of Inspector General shall contact the
7appropriate law enforcement agency, including the appropriate
8State's Attorney's office, to follow up on all deaths of adults
9with disabilities that were referred by the Office of Inspector
10General to a law enforcement agency pursuant to this Act since
112003. For all other deaths of adults with disabilities who were
12the subject of pending complaint investigations by the Office
13of Inspector General since 2003, the Office of Inspector
14General shall undertake a detailed review of each file to
15determine whether further action is required.
16    When the Office of Inspector General has reason to believe
17that the death of an adult with disabilities may be the result
18of abuse, neglect, or exploitation, the Office of Inspector
19General shall immediately report the matter to the coroner or
20medical examiner and shall cooperate fully with any subsequent
21investigation.
22    (g) Nothing in this Act shall preclude a person from
23reporting an alleged act of abuse, neglect, or exploitation of
24an adult with disabilities to a law enforcement agency.
25    (h) Nothing in this Act shall diminish the duty of law
26enforcement officers to respond to and investigate incidents of

 

 

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1alleged abuse, neglect, and exploitation pursuant to the
2Illinois Domestic Violence Act of 1986, when applicable.
3(Source: P.A. 91-671, eff. 7-1-00.)
 
4    (20 ILCS 2435/35)  (from Ch. 23, par. 3395-35)
5    Sec. 35. Assessment of reports.
6    (a) The Adults with Disabilities Abuse Project shall, upon
7receiving a report of alleged or suspected abuse, neglect, or
8exploitation obtain the consent of the subject of the report to
9conduct an assessment with respect to the report. The
10assessment shall include, but not be limited to, a face-to-face
11interview with the adult with disabilities who is the subject
12of the report and shall may include a visit to the residence of
13the adult with disabilities, and interviews or consultations
14with service agencies or individuals who may have knowledge of
15the circumstances of the adult with disabilities. A
16determination shall be made whether each report is
17substantiated. The Office of Inspector General must notify the
18proper law enforcement agency and State's Attorney's office to
19investigate if a crime has been committed. If the Office of
20Inspector General determines that there is clear and
21substantial risk of death or great bodily harm, it shall
22immediately secure or provide emergency protective services
23for purposes of preventing further abuse, neglect, or
24exploitation, and for safeguarding the welfare of the person.
25Such services must be provided in the least restrictive

 

 

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1environment commensurate with the adult with disabilities'
2needs.
3    (a-5) The Adults with Disabilities Abuse Project shall
4initiate an assessment of all reports of alleged or suspected
5abuse or neglect within 7 days after receipt of the report,
6except reports of abuse or neglect that indicate that the life
7or safety of an adult with disabilities is in imminent danger
8shall be assessed within 24 hours after receipt of the report.
9Reports of exploitation shall be assessed within 30 days after
10the receipt of the report. These reports shall be submitted to
11the proper law enforcement agency and State's Attorney's
12office.
13    (b) (Blank).
14    (c) The Department shall effect written interagency
15agreements with other State departments and any other public
16and private agencies to coordinate and cooperate in the
17handling of substantiated cases; to accept and manage
18substantiated cases on a priority basis; and to waive
19eligibility requirements for the adult with disabilities in an
20emergency.
21    (d) Every effort shall be made by the Adults with
22Disabilities Abuse Project to coordinate and cooperate with
23public and private agencies to ensure the provision of services
24necessary to eliminate further abuse, neglect, and
25exploitation of the adult with disabilities who is the subject
26of the report.

 

 

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1    The Office of Inspector General shall promulgate rules and
2regulations to ensure the effective implementation of the
3Adults with Disabilities Abuse Project statewide.
4    (e) When the Adults with Disabilities Abuse Project
5determines that a case is substantiated, it shall refer the
6case to the appropriate office within the Department of Human
7Services to develop, with the consent of and in consultation
8with the adult with disabilities, a service plan for the adult
9with disabilities.
10    (f) The Adults with Disabilities Abuse Project shall refer
11reports of alleged or suspected abuse, neglect, or exploitation
12to another State agency when that agency has a statutory
13obligation to investigate such reports.
14    (g) If the Adults with Disabilities Abuse Project has
15reason to believe that a crime has been committed, the incident
16shall be reported to the appropriate law enforcement agency.
17(Source: P.A. 91-671, eff. 7-1-00.)
 
18    (20 ILCS 2435/36 new)
19    Sec. 36. Integrated State and local network. In order to
20supplement the current investigatory work of the Office of
21Inspector General under this Act and to ensure enhanced
22protective services through an integrated State and local
23network, the Office of Inspector General shall utilize and
24develop relationships with and, as necessary, contract with
25regional and local agencies to provide (i) regional and local

 

 

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1intake, outreach, and investigatory resources to the Office of
2Inspector General, and (ii) additional regional and local
3options for protective services for adults with disabilities in
4domestic settings.
 
5    (20 ILCS 2435/37 new)
6    Sec. 37. Cooperation with the Department on Aging. The
7Office of Inspector General shall consult with, and to the
8extent practicable, use the Department on Aging's Protective
9Services for Seniors Unit as a model for its organization and
10its investigatory and protective responsibilities. The Office
11of Inspector General may utilize the existing contracts that
12the Department on Aging has with regional and local providers
13in order to build an integrated State and local protective
14services network as set forth in Section 36.
 
15    (20 ILCS 2435/40)  (from Ch. 23, par. 3395-40)
16    Sec. 40. Service plan periods. A service plan shall be
17developed for each adult with disabilities who is in need of
18services and who accepts the services. When implemented, the
19service plan shall be in place until the situation causing the
20abuse, neglect, or exploitation of an adult with disabilities
21is ameliorated. The Department shall by rule establish the
22period of time within which a service plan shall be implemented
23and the duration of the plan. The rules shall provide for an
24expedited response to emergency situations.

 

 

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1    The Department shall implement a service plan for
2substantiated cases within 14 calendar days after the report is
3substantiated. In emergency situations, the Department shall
4implement the service plan as soon as possible and in no event
5later than 2 working days after the case is substantiated. All
6appropriate emergency services shall remain in place until this
7service plan is implemented.
8    This Section shall not be interpreted to preclude an
9investigation into the death of a disabled adult who is the
10subject of a pending complaint or report of alleged abuse,
11neglect, or exploitation.
12(Source: P.A. 91-671, eff. 7-1-00.)
 
13    (20 ILCS 2435/45)  (from Ch. 23, par. 3395-45)
14    Sec. 45. Consent.
15    (a) If the Adults with Disabilities Abuse Project has
16received a report of alleged or suspected abuse, neglect, or
17exploitation with regard to an adult with disabilities who
18lacks the capacity to consent to an assessment or to services,
19the Adults with Disabilities Abuse Project may seek, directly
20or through another agency, the appointment of a temporary or
21permanent guardian for assessment, provision of services, or
22any other decision-making authority as is appropriate for the
23individual as provided in Article XIa of the Probate Act of
241975 or other relief as provided under the Illinois Domestic
25Violence Act of 1986.

 

 

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1    (a-5) If the adult with disabilities consents to the
2assessment, such assessment shall be conducted. If the adult
3with disabilities consents to the services included in the
4service plan, such services shall be provided. If the adult
5with disabilities refuses or withdraws his or her consent to
6the completion of the assessment, the assessment shall be
7terminated. If the adult with disabilities refuses or withdraws
8his or her consent to the provision of services, the services
9shall not be provided. When a complaint or report of alleged
10abuse, neglect, or exploitation is made, but consent is not
11given or withdrawn, and the adult with disabilities
12subsequently dies, the Office of the Inspector General shall
13report the matter to the proper authorities pursuant to Section
1425 of this Act.
15    (b) A guardian of the person of an adult with disabilities
16who is abused, neglected, or exploited by another individual in
17a domestic living situation may consent to an assessment or to
18services being provided pursuant to the service plan. If the
19guardian is alleged to be the perpetrator of the abuse,
20neglect, or exploitation, the Adults with Disabilities Abuse
21Project shall, when there is an immediate and urgent necessity,
22seek the appointment of a temporary substitute guardian
23pursuant to Section 213.3 of the Illinois Domestic Violence Act
24of 1986 under the provisions of Article XIa of the Probate Act
25of 1975. If a guardian withdraws his consent or refuses to
26allow an assessment or services to be provided to the adult

 

 

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1with disabilities, the Adults with Disabilities Abuse Project
2may seek directly or through another agency a court order
3seeking appropriate remedies, and may in addition request
4removal of the guardian and appointment of a successor guardian
5pursuant to Article XIa of the Probate Act of 1975.
6    (c) For the purposes of this Section only, "lacks the
7capacity to consent" shall mean that the adult with
8disabilities reasonably appears to be unable by reason of
9physical or mental condition to receive and evaluate
10information related to the assessment or services, or to
11communicate decisions related to the assessment or services.
12(Source: P.A. 94-418, eff. 8-2-05.)
 
13    Section 99. Effective date. This Act takes effect upon
14becoming law.

 

 

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1 INDEX
2 Statutes amended in order of appearance
3    20 ILCS 2435/15from Ch. 23, par. 3395-15
4    20 ILCS 2435/25from Ch. 23, par. 3395-25
5    20 ILCS 2435/35from Ch. 23, par. 3395-35
6    20 ILCS 2435/36 new
7    20 ILCS 2435/37 new
8    20 ILCS 2435/40from Ch. 23, par. 3395-40
9    20 ILCS 2435/45from Ch. 23, par. 3395-45