Synopsis As Introduced Amends the Elder Abuse and Neglect Act. Provides that a "domestic living situation" includes an assisted living or shared housing establishment or a supportive living facility. Provides that an "eligible adult" includes one who neglects himself or herself, and adds a definition of "self-neglect". Provides for immunity from criminal or civil liability and from professional disciplinary action for a mandated reporter who does not make a report of self-neglect as required under the Act. Provides that face-to-face assessments, casework, and follow-up of reports of self-neglect by the provider agencies designated to receive reports of self-neglect shall be subject to sufficient appropriation for statewide implementation. Provides that the Department on Aging shall collaborate with representatives of regional administrative agencies and others to develop a protocol that outlines the procedure for referral of cases involving elder abuse, neglect, financial exploitation, and self-neglect and other matters, and makes other changes in connection with investigations of reports under the Act. Provides for access to records by staff of the Chicago Department on Aging while that agency is designated as a regional administrative agency. Makes other changes.
Provides that nothing in the Elder Abuse and Neglect Act shall be construed to mean that an eligible adult is a victim of self-neglect for the sole reason that he or she is being furnished with or relies upon treatment by spiritual means through prayer alone. In the definitions of "neglect" and "self-neglect", changes "medical care" to "health care". Deletes references to self-neglect from provisions concerning mandated reporters. Provides for a designated elder abuse provider agency's referral of reports of self-neglect to the appropriate agency or agencies as designated by the Department on Aging for any follow-up (instead of to the designated case management agency for any appropriate follow-up). Provides that the Department on Aging's protocol shall include the procedure for data collection of incidents of self-neglect.
Senate Floor Amendment No. 1 Replaces everything after the enacting clause with provisions substantially similar to those of the engrossed bill, amending the Elder Abuse and Neglect Act, but with changes that include the following: (1) provides that by January 1, 2008, the Department on Aging, in cooperation with an Elder Self-Neglect Steering Committee, shall by rule develop protocols, procedures, and policies concerning certain matters in connection with elder self-neglect; (2) provides that certain actions of provider agencies shall be done in accord with established law and Department on Aging protocols, procedures, and policies; (3) deletes provisions concerning (i) Department on Aging collaboration with certain entities to develop a protocol, (ii) the taking of photographs, videotapes, and digital or electronic recordings in connection with an investigation, and (iii) a provider agency's petition for a subpoena to obtain records; (4) provides for access to records, in cases regarding self-neglect, by a guardian ad litem; and (5) adds a January 1, 2007 effective date. Effective January 1, 2007.
Senate Floor Amendment No. 2 Provides that if a court enters an ex parte order for an assessment of a report of alleged or suspected self-neglect, or for the provision of necessary services in connection with alleged or suspected self-neglect, or for both, the court must appoint a guardian ad litem (GAL) for the eligible adult who is the subject of the order for the purpose of reviewing the reasonableness of the order. Provides that if the GAL reasonably believes that the ex parte order is unreasonable, the GAL shall file a petition with the court requesting that the ex parte order be vacated.