Full Text of HB5132 96th General Assembly
HB5132sam001 96TH GENERAL ASSEMBLY
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Sen. Don Harmon
Filed: 4/19/2010
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| AMENDMENT TO HOUSE BILL 5132
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| AMENDMENT NO. ______. Amend House Bill 5132 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Department of Human Services Act is amended | 5 |
| by changing Section 1-17 as follows:
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| (20 ILCS 1305/1-17)
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| (Text of Section before amendment by P.A. 96-339 ) | 8 |
| Sec. 1-17. Inspector General. | 9 |
| (a) Nature and purpose. It is the express intent of the | 10 |
| General Assembly to ensure the health, safety, and financial | 11 |
| condition of individuals receiving services in this State due | 12 |
| to mental illness, developmental disability, or both by | 13 |
| protecting those persons from acts of abuse, neglect, or both | 14 |
| by service providers. To that end, the Office of the Inspector | 15 |
| General for the Department of Human Services is created to | 16 |
| investigate and report upon allegations of the abuse, neglect, |
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| or financial exploitation of individuals receiving services | 2 |
| within mental health facilities, developmental disabilities | 3 |
| facilities, and community agencies operated, licensed, funded , | 4 |
| or certified by the Department of Human Services or , but not | 5 |
| licensed or certified by any other State agency. It is also the | 6 |
| express intent of the General Assembly to authorize the | 7 |
| Inspector General to investigate alleged or suspected cases of | 8 |
| abuse, neglect, or financial exploitation of adults with | 9 |
| disabilities living in domestic settings in the community under | 10 |
| the Abuse of Adults with Disabilities Intervention Act. | 11 |
| (b) Definitions. The following definitions apply to this | 12 |
| Section: | 13 |
| "Agency" or "community agency" means (i) a community agency | 14 |
| licensed, funded, or certified by the Department or , but not | 15 |
| licensed or certified by any other human services agency of the | 16 |
| State, to provide mental health service or developmental | 17 |
| disabilities service, or (ii) a program licensed, funded, or | 18 |
| certified by the Department or , but not licensed or certified | 19 |
| by any other human services agency of the State, to provide | 20 |
| mental health service or developmental disabilities service. | 21 |
| "Aggravating circumstance" means a factor that is | 22 |
| attendant to a finding and that tends to compound or increase | 23 |
| the culpability of the accused. | 24 |
| "Allegation" means an assertion, complaint, suspicion, or | 25 |
| incident involving any of the following conduct by an employee, | 26 |
| facility, or agency against an individual or individuals: |
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| mental abuse, physical abuse, sexual abuse, neglect, or | 2 |
| financial exploitation. | 3 |
| "Day" means working day, unless otherwise specified. | 4 |
| "Deflection" means a situation in which an individual is | 5 |
| presented for admission to a facility or agency, and the | 6 |
| facility staff or agency staff do not admit the individual. | 7 |
| "Deflection" includes triage, redirection, and denial of | 8 |
| admission. | 9 |
| "Department" means the Department of Human Services. | 10 |
| "Developmentally disabled" means having a developmental | 11 |
| disability. | 12 |
| "Developmental disability" means "developmental | 13 |
| disability" as defined in the Mental Health and Developmental | 14 |
| Disabilities Code. | 15 |
| "Egregious neglect" means a finding of neglect as | 16 |
| determined by the Inspector General that (i) represents a gross | 17 |
| failure to adequately provide for, or a callused indifference | 18 |
| to, the health, safety, or medical needs of an individual and | 19 |
| (ii) results in an individual's death or other serious | 20 |
| deterioration of an individual's physical condition or mental | 21 |
| condition. | 22 |
| "Employee" means any person who provides services at the | 23 |
| facility or agency on-site or off-site. The service | 24 |
| relationship can be with the individual or with the facility or | 25 |
| agency. Also, "employee" includes any employee or contractual | 26 |
| agent of the Department of Human Services or the community |
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| agency involved in providing or monitoring or administering | 2 |
| mental health or developmental disability services. This | 3 |
| includes but is not limited to: owners, operators, payroll | 4 |
| personnel, contractors, subcontractors, and volunteers. | 5 |
| "Facility" or "State-operated facility" means a mental | 6 |
| health facility or developmental disabilities facility | 7 |
| operated by the Department or certified or licensed by any | 8 |
| other State agency . | 9 |
| "Financial exploitation" means taking unjust advantage of | 10 |
| an individual's assets, property, or financial resources | 11 |
| through deception, intimidation, or conversion for the | 12 |
| employee's, facility's, or agency's own advantage or benefit. | 13 |
| "Finding" means the Office of Inspector General's | 14 |
| determination regarding whether an allegation is | 15 |
| substantiated, unsubstantiated, or unfounded. | 16 |
| "Health care worker registry" or "registry" means the | 17 |
| health care worker registry created by the Nursing Home Care | 18 |
| Act. | 19 |
| "Individual" means any person receiving mental health | 20 |
| service, developmental disabilities service, or both from a | 21 |
| facility or agency, while either on-site or off-site. | 22 |
| "Mental abuse" means the use of demeaning, intimidating, or | 23 |
| threatening words, signs, gestures, or other actions by an | 24 |
| employee about an individual and in the presence of an | 25 |
| individual or individuals that results in emotional distress or | 26 |
| maladaptive behavior, or could have resulted in emotional |
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| distress or maladaptive behavior, for any individual present. | 2 |
| "Mental illness" means "mental illness" as defined in the | 3 |
| Mental Health and Developmental Disabilities Code. | 4 |
| "Mentally ill" means having a mental illness. | 5 |
| "Mitigating circumstance" means a condition that (i) is | 6 |
| attendant to a finding, (ii) does not excuse or justify the | 7 |
| conduct in question, but (iii) may be considered in evaluating | 8 |
| the severity of the conduct, the culpability of the accused, or | 9 |
| both the severity of the conduct and the culpability of the | 10 |
| accused. | 11 |
| "Neglect" means an employee's, agency's, or facility's | 12 |
| failure to provide adequate medical care, personal care, or | 13 |
| maintenance and that, as a consequence, (i) causes an | 14 |
| individual pain, injury, or emotional distress, (ii) results in | 15 |
| either an individual's maladaptive behavior or the | 16 |
| deterioration of an individual's physical condition or mental | 17 |
| condition, or (iii) places the individual's health or safety at | 18 |
| substantial risk. | 19 |
| "Physical abuse" means an employee's non-accidental and | 20 |
| inappropriate contact with an individual that causes bodily | 21 |
| harm. "Physical abuse" includes actions that cause bodily harm | 22 |
| as a result of an employee directing an individual or person to | 23 |
| physically abuse another individual. | 24 |
| "Recommendation" means an admonition, separate from a | 25 |
| finding, that requires action by the facility, agency, or | 26 |
| Department to correct a systemic issue, problem, or deficiency |
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| identified during an investigation. | 2 |
| "Required reporter" means any employee who suspects, | 3 |
| witnesses, or is informed of an allegation of any one or more | 4 |
| of the following: mental abuse, physical abuse, sexual abuse, | 5 |
| neglect, or financial exploitation. | 6 |
| "Secretary" means the Chief Administrative Officer of the | 7 |
| Department. | 8 |
| "Sexual abuse" means any sexual contact or intimate | 9 |
| physical contact between an employee and an individual, | 10 |
| including an employee's coercion or encouragement of an | 11 |
| individual to engage in sexual behavior that results in sexual | 12 |
| contact, intimate physical contact, sexual behavior, or | 13 |
| intimate physical behavior. | 14 |
| "Substantiated" means there is a preponderance of the | 15 |
| evidence to support the allegation. | 16 |
| "Unfounded" means there is no credible evidence to support | 17 |
| the allegation. | 18 |
| "Unsubstantiated" means there is credible evidence, but | 19 |
| less than a preponderance of evidence to support the | 20 |
| allegation. | 21 |
| (c) Appointment. The Governor shall appoint, and the Senate | 22 |
| shall confirm, an Inspector General. The Inspector General | 23 |
| shall be appointed for a term of 4 years and shall function | 24 |
| within the Department of Human Services and report to the | 25 |
| Secretary and the Governor. | 26 |
| (d) Operation and appropriation. The Inspector General |
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| shall function independently within the Department with | 2 |
| respect to the operations of the Office, including the | 3 |
| performance of investigations and issuance of findings and | 4 |
| recommendations. The appropriation for the Office of Inspector | 5 |
| General shall be separate from the overall appropriation for | 6 |
| the Department. | 7 |
| (e) Powers and duties. The Inspector General shall | 8 |
| investigate reports of suspected mental abuse, physical abuse, | 9 |
| sexual abuse, neglect, or financial exploitation of | 10 |
| individuals in any mental health or developmental disabilities | 11 |
| facility or agency and shall have authority to take immediate | 12 |
| action to prevent any one or more of the following from | 13 |
| happening to individuals under its jurisdiction: mental abuse, | 14 |
| physical abuse, sexual abuse, neglect, or financial | 15 |
| exploitation. Investigations shall be commenced no later than | 16 |
| 24 hours after the report is received by the Inspector General. | 17 |
| Upon written request of an agency of this State, the Inspector | 18 |
| General may assist another agency of the State in investigating | 19 |
| reports of the abuse, neglect, or abuse and neglect of persons | 20 |
| with mental illness, persons with developmental disabilities, | 21 |
| or persons with both. To comply with the requirements of | 22 |
| subsection (k) of this Section, the Inspector General shall | 23 |
| also review all reportable deaths for which there is no | 24 |
| allegation of abuse or neglect. Nothing in this Section shall | 25 |
| preempt any duties of the Medical Review Board set forth in the | 26 |
| Mental Health and Developmental Disabilities Code. The |
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| Inspector General shall have no authority to investigate | 2 |
| alleged violations of the State Officials and Employees Ethics | 3 |
| Act. Allegations of misconduct under the State Officials and | 4 |
| Employees Ethics Act shall be referred to the Office of the | 5 |
| Governor's Executive Inspector General for investigation. | 6 |
| (f) Limitations. The Inspector General shall not conduct an | 7 |
| investigation within an agency or facility if that | 8 |
| investigation would be redundant to or interfere with an | 9 |
| investigation conducted by another State agency. The Inspector | 10 |
| General shall have no supervision over, or involvement in, the | 11 |
| routine programmatic, licensing, funding, or certification | 12 |
| operations of the Department. Nothing in this subsection limits | 13 |
| investigations by the Department that may otherwise be required | 14 |
| by law or that may be necessary in the Department's capacity as | 15 |
| central administrative authority responsible for the operation | 16 |
| of the State's mental health and developmental disabilities | 17 |
| facilities. | 18 |
| (g) Rulemaking authority. The Inspector General shall | 19 |
| promulgate rules establishing minimum requirements for | 20 |
| reporting allegations as well as for initiating, conducting, | 21 |
| and completing investigations based upon the nature of the | 22 |
| allegation or allegations. The rules shall clearly establish | 23 |
| that if 2 or more State agencies could investigate an | 24 |
| allegation, the Inspector General shall not conduct an | 25 |
| investigation that would be redundant to, or interfere with, an | 26 |
| investigation conducted by another State agency. The rules |
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| shall further clarify the method and circumstances under which | 2 |
| the Office of Inspector General may interact with the | 3 |
| licensing, funding, or certification units of the Department in | 4 |
| preventing further occurrences of mental abuse, physical | 5 |
| abuse, sexual abuse, neglect, egregious neglect, and financial | 6 |
| exploitation. | 7 |
| (h) Training programs. The Inspector General shall (i) | 8 |
| establish a comprehensive program to ensure that every person | 9 |
| authorized to conduct investigations receives ongoing training | 10 |
| relative to investigation techniques, communication skills, | 11 |
| and the appropriate means of interacting with persons receiving | 12 |
| treatment for mental illness, developmental disability, or | 13 |
| both mental illness and developmental disability, and (ii) | 14 |
| establish and conduct periodic training programs for facility | 15 |
| and agency employees concerning the prevention and reporting of | 16 |
| any one or more of the following: mental abuse, physical abuse, | 17 |
| sexual abuse, neglect, egregious neglect, or financial | 18 |
| exploitation. Nothing in this Section shall be deemed to | 19 |
| prevent the Office of Inspector General from conducting any | 20 |
| other training as determined by the Inspector General to be | 21 |
| necessary or helpful. | 22 |
| (i) Duty to cooperate. | 23 |
| (1) The Inspector General shall at all times be granted | 24 |
| access to any facility or agency for the purpose of | 25 |
| investigating any allegation, conducting unannounced site | 26 |
| visits, monitoring compliance with a written response, or |
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| completing any other statutorily assigned duty. The | 2 |
| Inspector General shall conduct unannounced site visits to | 3 |
| each facility at least annually for the purpose of | 4 |
| reviewing and making recommendations on systemic issues | 5 |
| relative to preventing, reporting, investigating, and | 6 |
| responding to all of the following: mental abuse, physical | 7 |
| abuse, sexual abuse, neglect, egregious neglect, or | 8 |
| financial exploitation. | 9 |
| (2) Any employee who fails to cooperate with an Office | 10 |
| of the Inspector General investigation is in violation of | 11 |
| this Act. Failure to cooperate with an investigation | 12 |
| includes, but is not limited to, any one or more of the | 13 |
| following: (i) creating and transmitting a false report to | 14 |
| the Office of the Inspector General hotline, (ii) providing | 15 |
| false information to an Office of the Inspector General | 16 |
| Investigator during an investigation, (iii) colluding with | 17 |
| other employees to cover up evidence, (iv) colluding with | 18 |
| other employees to provide false information to an Office | 19 |
| of the Inspector General investigator, (v) destroying | 20 |
| evidence, (vi) withholding evidence, or (vii) otherwise | 21 |
| obstructing an Office of the Inspector General | 22 |
| investigation. Additionally, any employee who, during an | 23 |
| unannounced site visit or written response compliance | 24 |
| check, fails to cooperate with requests from the Office of | 25 |
| the Inspector General is in violation of this Act. | 26 |
| (j) Subpoena powers. The Inspector General shall have the |
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| power to subpoena witnesses and compel the production of all | 2 |
| documents and physical evidence relating to his or her | 3 |
| investigations and any hearings authorized by this Act. This | 4 |
| subpoena power shall not extend to persons or documents of a | 5 |
| labor organization or its representatives insofar as the | 6 |
| persons are acting in a representative capacity to an employee | 7 |
| whose conduct is the subject of an investigation or the | 8 |
| documents relate to that representation. Any person who | 9 |
| otherwise fails to respond to a subpoena or who knowingly | 10 |
| provides false information to the Office of the Inspector | 11 |
| General by subpoena during an investigation is guilty of a | 12 |
| Class A misdemeanor. | 13 |
| (k) Reporting allegations and deaths. | 14 |
| (1) Allegations. If an employee witnesses, is told of, | 15 |
| or has reason to believe an incident of mental abuse, | 16 |
| physical abuse, sexual abuse, neglect, or financial | 17 |
| exploitation has occurred, the employee, agency, or | 18 |
| facility shall report the allegation by phone to the Office | 19 |
| of the Inspector General hotline according to the agency's | 20 |
| or facility's procedures, but in no event later than 4 | 21 |
| hours after the initial discovery of the incident, | 22 |
| allegation, or suspicion of any one or more of the | 23 |
| following: mental abuse, physical abuse, sexual abuse, | 24 |
| neglect, or financial exploitation. A required reporter as | 25 |
| defined in subsection (b) of this Section who knowingly or | 26 |
| intentionally fails to comply with these reporting |
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| requirements is guilty of a Class A misdemeanor. | 2 |
| (2) Deaths. Absent an allegation, a required reporter | 3 |
| shall, within 24 hours after initial discovery, report by | 4 |
| phone to the Office of the Inspector General hotline each | 5 |
| of the following: | 6 |
| (i) Any death of an individual occurring within 14 | 7 |
| calendar days after discharge or transfer of the | 8 |
| individual from a residential program or facility. | 9 |
| (ii) Any death of an individual occurring within 24 | 10 |
| hours after deflection from a residential program or | 11 |
| facility. | 12 |
| (iii) Any other death of an individual occurring at | 13 |
| an agency or facility or at any Department-funded site. | 14 |
| (3) Retaliation. It is a violation of this Act for any | 15 |
| employee or administrator of an agency or facility to take | 16 |
| retaliatory action against an employee who acts in good | 17 |
| faith in conformance with his or her duties as a required | 18 |
| reporter. | 19 |
| (l) Reporting criminal acts. Within 24 hours after | 20 |
| determining that there is credible evidence indicating that a | 21 |
| criminal act may have been committed or that special expertise | 22 |
| may be required in an investigation, the Inspector General | 23 |
| shall notify the Department of State Police or other | 24 |
| appropriate law enforcement authority, or ensure that such | 25 |
| notification is made. The Department of State Police shall | 26 |
| investigate any report from a State-operated facility |
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| indicating a possible murder, sexual assault, or other felony | 2 |
| by an employee. All investigations conducted by the Inspector | 3 |
| General shall be conducted in a manner designed to ensure the | 4 |
| preservation of evidence for possible use in a criminal | 5 |
| prosecution. | 6 |
| (m) Investigative reports. Upon completion of an | 7 |
| investigation, the Office of Inspector General shall issue an | 8 |
| investigative report identifying whether the allegations are | 9 |
| substantiated, unsubstantiated, or unfounded. Within 10 | 10 |
| business days after the transmittal of a completed | 11 |
| investigative report substantiating an allegation, or if a | 12 |
| recommendation is made, the Inspector General shall provide the | 13 |
| investigative report on the case to the Secretary and to the | 14 |
| director of the facility or agency where any one or more of the | 15 |
| following occurred: mental abuse, physical abuse, sexual | 16 |
| abuse, neglect, egregious neglect, or financial exploitation. | 17 |
| In a substantiated case, the investigative report shall include | 18 |
| any mitigating or aggravating circumstances that were | 19 |
| identified during the investigation. If the case involves | 20 |
| substantiated neglect, the investigative report shall also | 21 |
| state whether egregious neglect was found. An investigative | 22 |
| report may also set forth recommendations. All investigative | 23 |
| reports prepared by the Office of the Inspector General shall | 24 |
| be considered confidential and shall not be released except as | 25 |
| provided by the law of this State or as required under | 26 |
| applicable federal law. Unsubstantiated and unfounded reports |
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| shall not be disclosed except as allowed under Section 6 of the | 2 |
| Abused and Neglected Long Term Care Facility Residents | 3 |
| Reporting Act. Raw data used to compile the investigative | 4 |
| report shall not be subject to release unless required by law | 5 |
| or a court order. "Raw data used to compile the investigative | 6 |
| report" includes, but is not limited to, any one or more of the | 7 |
| following: the initial complaint, witness statements, | 8 |
| photographs, investigator's notes, police reports, or incident | 9 |
| reports. If the allegations are substantiated, the accused | 10 |
| shall be provided with a redacted copy of the investigative | 11 |
| report. Death reports where there was no allegation of abuse or | 12 |
| neglect shall only be released pursuant to applicable State or | 13 |
| federal law or a valid court order. | 14 |
| (n) Written responses and reconsideration requests. | 15 |
| (1) Written responses. Within 30 calendar days from | 16 |
| receipt of a substantiated investigative report or an | 17 |
| investigative report which contains recommendations, | 18 |
| absent a reconsideration request, the facility or agency | 19 |
| shall file a written response that addresses, in a concise | 20 |
| and reasoned manner, the actions taken to: (i) protect the | 21 |
| individual; (ii) prevent recurrences; and (iii) eliminate | 22 |
| the problems identified. The response shall include the | 23 |
| implementation and completion dates of such actions. If the | 24 |
| written response is not filed within the allotted 30 | 25 |
| calendar day period, the Secretary shall determine the | 26 |
| appropriate corrective action to be taken. |
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| (2) Reconsideration requests. The facility, agency, | 2 |
| victim or guardian, or the subject employee may request | 3 |
| that the Office of Inspector General reconsider or clarify | 4 |
| its finding based upon additional information. | 5 |
| (o) Disclosure of the finding by the Inspector General. The | 6 |
| Inspector General shall disclose the finding of an | 7 |
| investigation to the following persons and entities : (i) the | 8 |
| Governor, (ii) the Secretary, (iii) the director of the | 9 |
| facility or agency, (iv) the licensing entity of the facility, | 10 |
| if any, (v) the alleged victims and their guardians, (vi) the | 11 |
| complainant, and (vii) the accused (iv) the alleged victims and | 12 |
| their guardians, (v) the complainant, and (vi) the accused . | 13 |
| This information shall include whether the allegations were | 14 |
| deemed substantiated, unsubstantiated, or unfounded. | 15 |
| (p) Secretary review. Upon review of the Inspector | 16 |
| General's investigative report and any agency's or facility's | 17 |
| written response, the Secretary shall accept or reject the | 18 |
| written response and notify the Inspector General of that | 19 |
| determination. The Secretary may further direct that other | 20 |
| administrative action be taken, including, but not limited to, | 21 |
| any one or more of the following: (i) additional site visits, | 22 |
| (ii) training, (iii) provision of technical assistance | 23 |
| relative to administrative needs, licensure or certification, | 24 |
| or (iv) the imposition of appropriate sanctions. | 25 |
| (q) Action by facility or agency. Within 30 days of the | 26 |
| date the Secretary approves the written response or directs |
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| that further administrative action be taken, the facility or | 2 |
| agency shall provide an implementation report to the Inspector | 3 |
| General and the licensing entity of the facility, if any, that | 4 |
| provides the status of the action taken. The facility or agency | 5 |
| shall be allowed an additional 30 days to send notice of | 6 |
| completion of the action or to send an updated implementation | 7 |
| report. If the action has not been completed within the | 8 |
| additional 30 day period, the facility or agency shall send | 9 |
| updated implementation reports every 60 days until completion. | 10 |
| The Inspector General shall conduct a review of any | 11 |
| implementation plan that takes more than 120 days after | 12 |
| approval to complete, and shall monitor compliance through a | 13 |
| random review of approved written responses, which may include, | 14 |
| but are not limited to: (i) site visits, (ii) telephone | 15 |
| contact, and (iii) requests for additional documentation | 16 |
| evidencing compliance. | 17 |
| (r) Sanctions. Sanctions, if imposed by the Secretary under | 18 |
| Subdivision (p)(iv) of this Section, shall be designed to | 19 |
| prevent further acts of mental abuse, physical abuse, sexual | 20 |
| abuse, neglect, egregious neglect, or financial exploitation | 21 |
| or some combination of one or more of those acts at a facility | 22 |
| or agency, and may include any one or more of the following: | 23 |
| (1) Appointment of on-site monitors. | 24 |
| (2) Transfer or relocation of an individual or | 25 |
| individuals. | 26 |
| (3) Closure of units. |
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| (4) Termination of any one or more of the following: | 2 |
| (i) Department licensing, (ii) funding, or (iii) | 3 |
| certification , or (iv) licensing enforcement by the | 4 |
| licensing entity of the facility, if any, up to and | 5 |
| including revocation of the licensure or an administrative | 6 |
| order of closure, or both . | 7 |
| The Inspector General may seek the assistance of the | 8 |
| Illinois Attorney General or the office of any State's Attorney | 9 |
| in implementing sanctions. | 10 |
| (s) Health care worker registry. | 11 |
| (1) Reporting to the registry. The Inspector General | 12 |
| shall report to the Department of Public Health's health | 13 |
| care worker registry, a public registry, the identity and | 14 |
| finding of each employee of a facility or agency against | 15 |
| whom there is a final investigative report containing a | 16 |
| substantiated allegation of physical or sexual abuse or | 17 |
| egregious neglect of an individual. | 18 |
| (2) Notice to employee. Prior to reporting the name of | 19 |
| an employee, the employee shall be notified of the | 20 |
| Department's obligation to report and shall be granted an | 21 |
| opportunity to request an administrative hearing, the sole | 22 |
| purpose of which is to determine if the substantiated | 23 |
| finding warrants reporting to the registry. Notice to the | 24 |
| employee shall contain a clear and concise statement of the | 25 |
| grounds on which the report to the registry is based, offer | 26 |
| the employee an opportunity for a hearing, and identify the |
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| process for requesting such a hearing. Notice is sufficient | 2 |
| if provided by certified mail to the employee's last known | 3 |
| address. If the employee fails to request a hearing within | 4 |
| 30 days from the date of the notice, the Inspector General | 5 |
| shall report the name of the employee to the registry. | 6 |
| Nothing in this subdivision (s)(2) shall diminish or impair | 7 |
| the rights of a person who is a member of a collective | 8 |
| bargaining unit under the Illinois Public Labor Relations | 9 |
| Act or under any other federal labor statute. | 10 |
| (3) Registry hearings. If the employee requests an | 11 |
| administrative hearing, the employee shall be granted an | 12 |
| opportunity to appear before an administrative law judge to | 13 |
| present reasons why the employee's name should not be | 14 |
| reported to the registry. The Department shall bear the | 15 |
| burden of presenting evidence that establishes, by a | 16 |
| preponderance of the evidence, that the substantiated | 17 |
| finding warrants reporting to the registry. After | 18 |
| considering all the evidence presented, the administrative | 19 |
| law judge shall make a recommendation to the Secretary as | 20 |
| to whether the substantiated finding warrants reporting | 21 |
| the name of the employee to the registry. The Secretary | 22 |
| shall render the final decision. The Department and the | 23 |
| employee shall have the right to request that the | 24 |
| administrative law judge consider a stipulated disposition | 25 |
| of these proceedings. | 26 |
| (4) Testimony at registry hearings. A person who makes |
|
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LRB096 18641 KTG 40193 a |
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| 1 |
| a report or who investigates a report under this Act shall | 2 |
| testify fully in any judicial proceeding resulting from | 3 |
| such a report, as to any evidence of abuse or neglect, or | 4 |
| the cause thereof. No evidence shall be excluded by reason | 5 |
| of any common law or statutory privilege relating to | 6 |
| communications between the alleged perpetrator of abuse or | 7 |
| neglect, or the individual alleged as the victim in the | 8 |
| report, and the person making or investigating the report. | 9 |
| Testimony at hearings is exempt from the confidentiality | 10 |
| requirements of subsection (f) of Section 10 of the Mental | 11 |
| Health and Developmental Disabilities Confidentiality Act. | 12 |
| (5) Employee's rights to collateral action. No | 13 |
| reporting to the registry shall occur and no hearing shall | 14 |
| be set or proceed if an employee notifies the Inspector | 15 |
| General in writing, including any supporting | 16 |
| documentation, that he or she is formally contesting an | 17 |
| adverse employment action resulting from a substantiated | 18 |
| finding by complaint filed with the Illinois Civil Service | 19 |
| Commission, or which otherwise seeks to enforce the | 20 |
| employee's rights pursuant to any applicable collective | 21 |
| bargaining agreement. If an action taken by an employer | 22 |
| against an employee as a result of a finding of physical | 23 |
| abuse, sexual abuse, or egregious neglect is overturned | 24 |
| through an action filed with the Illinois Civil Service | 25 |
| Commission or under any applicable collective bargaining | 26 |
| agreement and if that employee's name has already been sent |
|
|
|
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| 1 |
| to the registry, the employee's name shall be removed from | 2 |
| the registry. | 3 |
| (6) Removal from registry. At any time after the report | 4 |
| to the registry, but no more than once in any 12-month | 5 |
| period, an employee may petition the Department in writing | 6 |
| to remove his or her name from the registry. Upon receiving | 7 |
| notice of such request, the Inspector General shall conduct | 8 |
| an investigation into the petition. Upon receipt of such | 9 |
| request, an administrative hearing will be set by the | 10 |
| Department. At the hearing, the employee shall bear the | 11 |
| burden of presenting evidence that establishes, by a | 12 |
| preponderance of the evidence, that removal of the name | 13 |
| from the registry is in the public interest. The parties | 14 |
| may jointly request that the administrative law judge | 15 |
| consider a stipulated disposition of these proceedings. | 16 |
| (t) Review of Administrative Decisions. The Department | 17 |
| shall preserve a record of all proceedings at any formal | 18 |
| hearing conducted by the Department involving health care | 19 |
| worker registry hearings. Final administrative decisions of | 20 |
| the Department are subject to judicial review pursuant to | 21 |
| provisions of the Administrative Review Law. | 22 |
| (u) Quality Care Board. There is created, within the Office | 23 |
| of the Inspector General, a Quality Care Board to be composed | 24 |
| of 7 members appointed by the Governor with the advice and | 25 |
| consent of the Senate. One of the members shall be designated | 26 |
| as chairman by the Governor. Of the initial appointments made |
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| 1 |
| by the Governor, 4 Board members shall each be appointed for a | 2 |
| term of 4 years and 3 members shall each be appointed for a | 3 |
| term of 2 years. Upon the expiration of each member's term, a | 4 |
| successor shall be appointed for a term of 4 years. In the case | 5 |
| of a vacancy in the office of any member, the Governor shall | 6 |
| appoint a successor for the remainder of the unexpired term. | 7 |
| Members appointed by the Governor shall be qualified by | 8 |
| professional knowledge or experience in the area of law, | 9 |
| investigatory techniques, or in the area of care of the | 10 |
| mentally ill or developmentally disabled. Two members | 11 |
| appointed by the Governor shall be persons with a disability or | 12 |
| a parent of a person with a disability. Members shall serve | 13 |
| without compensation, but shall be reimbursed for expenses | 14 |
| incurred in connection with the performance of their duties as | 15 |
| members. | 16 |
| The Board shall meet quarterly, and may hold other meetings | 17 |
| on the call of the chairman. Four members shall constitute a | 18 |
| quorum allowing the Board to conduct its business. The Board | 19 |
| may adopt rules and regulations it deems necessary to govern | 20 |
| its own procedures. | 21 |
| The Board shall monitor and oversee the operations, | 22 |
| policies, and procedures of the Inspector General to ensure the | 23 |
| prompt and thorough investigation of allegations of neglect and | 24 |
| abuse. In fulfilling these responsibilities, the Board may do | 25 |
| the following: | 26 |
| (1) Provide independent, expert consultation to the |
|
|
|
09600HB5132sam001 |
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| 1 |
| Inspector General on policies and protocols for | 2 |
| investigations of alleged abuse, neglect, or both abuse and | 3 |
| neglect. | 4 |
| (2) Review existing regulations relating to the | 5 |
| operation of facilities. | 6 |
| (3) Advise the Inspector General as to the content of | 7 |
| training activities authorized under this Section. | 8 |
| (4) Recommend policies concerning methods for | 9 |
| improving the intergovernmental relationships between the | 10 |
| Office of the Inspector General and other State or federal | 11 |
| offices. | 12 |
| (v) Annual report. The Inspector General shall provide to | 13 |
| the General Assembly and the Governor, no later than January 1 | 14 |
| of each year, a summary of reports and investigations made | 15 |
| under this Act for the prior fiscal year with respect to | 16 |
| individuals receiving mental health or developmental | 17 |
| disabilities services. The report shall detail the imposition | 18 |
| of sanctions, if any, and the final disposition of any | 19 |
| corrective or administrative action directed by the Secretary. | 20 |
| The summaries shall not contain any confidential or identifying | 21 |
| information of any individual, but shall include objective data | 22 |
| identifying any trends in the number of reported allegations, | 23 |
| the timeliness of the Office of the Inspector General's | 24 |
| investigations, and their disposition, for each facility and | 25 |
| Department-wide, for the most recent 3-year time period. The | 26 |
| report shall also identify, by facility, the staff-to-patient |
|
|
|
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| 1 |
| ratios taking account of direct care staff only. The report | 2 |
| shall also include detailed recommended administrative actions | 3 |
| and matters for consideration by the General Assembly. | 4 |
| (w) Program audit. The Auditor General shall conduct a | 5 |
| program audit of the Office of the Inspector General on an | 6 |
| as-needed basis, as determined by the Auditor General. The | 7 |
| audit shall specifically include the Inspector General's | 8 |
| compliance with the Act and effectiveness in investigating | 9 |
| reports of allegations occurring in any facility or agency. The | 10 |
| Auditor General shall conduct the program audit according to | 11 |
| the provisions of the Illinois State Auditing Act and shall | 12 |
| report its findings to the General Assembly no later than | 13 |
| January 1 following the audit period.
| 14 |
| (x) Nothing in this Section shall be construed to mean that | 15 |
| a patient is a victim of abuse or neglect because of health | 16 |
| care services appropriately provided or not provided by health | 17 |
| care professionals. | 18 |
| (y) Nothing in this Section shall require a facility, | 19 |
| including its employees, agents, medical staff members, and | 20 |
| health care professionals, to provide a service to a patient in | 21 |
| contravention of that patient's stated or implied objection to | 22 |
| the provision of that service on the ground that that service | 23 |
| conflicts with the patient's religious beliefs or practices, | 24 |
| nor shall the failure to provide a service to a patient be | 25 |
| considered abuse under this Section if the patient has objected | 26 |
| to the provision of that service based on his or her religious |
|
|
|
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|
| 1 |
| beliefs or practices.
| 2 |
| (z) The General Assembly recognizes a need to protect from | 3 |
| abuse and neglect clients with developmental disabilities and | 4 |
| adult students with disabilities in public schools who are not | 5 |
| covered by any administrative investigative entity. Therefore, | 6 |
| OIG shall have the authority to investigate and report on | 7 |
| allegations of abuse or neglect of clients with developmental | 8 |
| disabilities. Additionally, when an allegation of abuse or | 9 |
| neglect is received by OIG regarding an adult student with | 10 |
| disabilities, OIG shall make the appropriate law enforcement | 11 |
| referral. The following provisions apply only to | 12 |
| investigations and referrals conducted pursuant to this | 13 |
| subsection (z). The provisions contained in subsections (a) | 14 |
| through (y) of this Section do not apply to this subsection | 15 |
| (z). | 16 |
| (1) Definitions. As used in this subsection: | 17 |
| "Abuse" means a non-accidental act committed by an | 18 |
| employee, parent, or care giver against a client with | 19 |
| developmental disabilities or an adult student with | 20 |
| disabilities that results in physical injury or contact of | 21 |
| a sexual nature. | 22 |
| "Adult student with disabilities" means an adult | 23 |
| public school student between the ages of 18 and 21 years, | 24 |
| inclusive to the day before the student's 22nd birthday, | 25 |
| who is identified as having multiple disabilities as that | 26 |
| term is defined in 34 CFR 300.8(c)(7) and who is enrolled |
|
|
|
09600HB5132sam001 |
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| 1 |
| in an individualized education program as that term is | 2 |
| defined in 34 CFR 300.320. | 3 |
| "Aggravating circumstance" means a factor that is | 4 |
| attendant to a finding and that tends to compound or | 5 |
| increase the culpability of the accused. | 6 |
| "Allegation" means an assertion, complaint, suspicion, | 7 |
| or incident of abuse or neglect by an employee, parent, or | 8 |
| care giver. | 9 |
| "Client with a developmental disability" means a | 10 |
| person over the age of 18 living in a residential facility | 11 |
| licensed by the Department of Children and Family Services | 12 |
| whose residential placement is funded by the Department of | 13 |
| Human Services. | 14 |
| "Credible evidence" means any evidence that relates to | 15 |
| the allegation or incident and that is considered | 16 |
| believable and reliable. | 17 |
| "DCFS" means the Department of Children and Family | 18 |
| Services. | 19 |
| "Department" means the Department of Human Services. | 20 |
| "Employee" means any person employed at a facility | 21 |
| where the abuse or neglect allegedly occurred, or any | 22 |
| person employed by the school district in which the abuse | 23 |
| or neglect allegedly occurred. "Employee" also includes | 24 |
| contractors, subcontractors, employees of contractors or | 25 |
| subcontractors, and volunteers. | 26 |
| "Facility" means a DCFS licensed residential facility. |
|
|
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| 1 |
| "Finding" means OIG's determination regarding whether | 2 |
| an allegation of abuse or neglect is substantiated, | 3 |
| unsubstantiated, or unfounded. | 4 |
| "Inspector General" means the Inspector General from | 5 |
| the Department of Human Services' Office of the Inspector | 6 |
| General. | 7 |
| "Mitigating circumstance" means a condition that is | 8 |
| attendant to a finding and does not excuse or justify the | 9 |
| conduct in question, but may be considered in evaluating | 10 |
| the severity of the conduct, the culpability of the | 11 |
| accused, or both the severity of the conduct and the | 12 |
| culpability of the accused. | 13 |
| "Neglect" means failure by an employee, parent, or care | 14 |
| giver to provide adequate food, shelter, clothing, | 15 |
| personal care, or medical care to ensure the overall | 16 |
| health, well-being or safety of a client with a | 17 |
| developmental disability or an adult student with | 18 |
| disabilities. | 19 |
| "OIG" means the Department of Human Services' Office of | 20 |
| the Inspector General. | 21 |
| "Parent or care giver" means the parent of an adult | 22 |
| student with disabilities or any other person responsible | 23 |
| for the student's welfare or any individual with ongoing | 24 |
| access to the student. | 25 |
| "Raw data" means data that includes, but is not limited | 26 |
| to, any one or more of the following used to compile the |
|
|
|
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| 1 |
| investigative report: the initial complaint, witness | 2 |
| statements, photographs, investigator's notes, police | 3 |
| reports, or incident reports. | 4 |
| "Required reporter" means any employee as defined in | 5 |
| this subsection (z). | 6 |
| "School" means any public school in the State of | 7 |
| Illinois. | 8 |
| "Secretary" means the Secretary of the Department of | 9 |
| Human Services. | 10 |
| "Substantiated" means there is a preponderance of the | 11 |
| evidence to support the allegation. | 12 |
| "Unfounded" means there is no credible evidence to | 13 |
| support the allegation. | 14 |
| "Unsubstantiated" means there is credible evidence, | 15 |
| but less than a preponderance to support the allegation. | 16 |
| (2) Duty to Cooperate. The Inspector General shall at | 17 |
| all times be granted access to any DCFS-licensed facility | 18 |
| where a client with a developmental disability resides for | 19 |
| the purpose of investigating any allegation. The Inspector | 20 |
| General's authority in these settings is limited to | 21 |
| investigating allegations of abuse or neglect. No person | 22 |
| shall obstruct or impede OIG's access to a client with a | 23 |
| developmental disability, and shall not obstruct or impede | 24 |
| the investigation of abuse or neglect. If a person does so | 25 |
| obstruct or impede access to the alleged victim, local law | 26 |
| enforcement agencies shall take all appropriate action to |
|
|
|
09600HB5132sam001 |
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| 1 |
| assist OIG in performing its duties. | 2 |
| (3) Reporting allegations. Any required reporter who | 3 |
| has reasonable cause to believe abuse or neglect of a | 4 |
| client with a developmental disability or an adult student | 5 |
| with disabilities occurred shall report this to the OIG | 6 |
| Hotline within 4 hours of discovery. | 7 |
| (4) Reporting criminal acts. If, during the course of | 8 |
| an investigation of abuse or neglect, OIG determines there | 9 |
| is credible evidence that a crime has been committed, the | 10 |
| incident shall be reported to the appropriate law | 11 |
| enforcement agency and OIG, the facility, and the school | 12 |
| shall defer to that agency regarding the propriety of any | 13 |
| further investigative activity. | 14 |
| (5) Investigative reports. Upon completion of an | 15 |
| investigation, OIG shall issue an investigative report | 16 |
| identifying whether the allegations are substantiated, | 17 |
| unsubstantiated, or unfounded. Within 10 business days | 18 |
| after the transmittal of a completed investigative report | 19 |
| substantiating the allegation, the Inspector General shall | 20 |
| provide a copy of the investigative report to the | 21 |
| Secretary, the Department's Director of the Division of | 22 |
| Developmental Disabilities, the Director of the agency | 23 |
| that owns or operates the facility where the abuse or | 24 |
| neglect occurred, and the licensing bureau of DCFS. In a | 25 |
| substantiated case, the investigative report shall include | 26 |
| any mitigating or aggravating circumstances that were |
|
|
|
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| 1 |
| identified during the investigation and a redacted copy of | 2 |
| the investigative report shall be provided to the accused. | 3 |
| All investigative reports prepared by OIG shall be | 4 |
| considered confidential and shall not be released except as | 5 |
| otherwise provided by the law of this State or as required | 6 |
| under applicable federal law. Unsubstantiated and | 7 |
| unfounded reports shall not be disclosed except with a | 8 |
| court order. Raw data used to compile the investigative | 9 |
| report shall not be subject to release unless required by | 10 |
| law or a court order. | 11 |
| (6) Disclosure of the finding by the Inspector General. | 12 |
| The Inspector General shall disclose the finding of an | 13 |
| investigation to the following persons: (i) the Governor, | 14 |
| (ii) the Secretary, (iii) the Director of the agency that | 15 |
| owns or operates the facility, (iv) the Department's | 16 |
| Director of the Division of Developmental Disabilities, | 17 |
| (v) the alleged victim or guardian if applicable, and (vi) | 18 |
| the accused. The information shall include whether the | 19 |
| allegations were substantiated, unsubstantiated, or | 20 |
| unfounded. | 21 |
| (7) Law enforcement referrals. Upon receipt of a | 22 |
| reportable allegation regarding an adult student with | 23 |
| disabilities, OIG shall make an expeditious referral to the | 24 |
| respective law enforcement entity. | 25 |
| (8) Limitations. OIG shall have no involvement in any | 26 |
| disciplinary proceeding except to provide testimony |
|
|
|
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|
| 1 |
| pursuant to a subpoena. OIG shall be notified in writing of | 2 |
| any action taken as a result of a substantiated finding, | 3 |
| but shall have no involvement in reviewing or implementing | 4 |
| actions taken as a result of the finding. | 5 |
| (9) Sanctions. | 6 |
| (A) When necessary, sanctions may be imposed by the | 7 |
| licensing entity of the facility and shall be designed | 8 |
| to prevent further acts of abuse or neglect, and may | 9 |
| include any one or more of the following: | 10 |
| (i) Appointment of on-site monitors. | 11 |
| (ii) Transfer or relocation of the victim. | 12 |
| (iii) Closure of a facility. | 13 |
| (iv) Termination of any one or more of the | 14 |
| following: licensing, funding, certification, or | 15 |
| licensing enforcement by the licensing entity of | 16 |
| the facility, if any, up to and including | 17 |
| revocation of licensure or an administrative order | 18 |
| of closure, or both. | 19 |
| (B) The Secretary is authorized to withdraw | 20 |
| funding for any facility where an allegation | 21 |
| concerning a client with a developmental disability | 22 |
| was substantiated. | 23 |
| (Source: P.A. 95-545, eff. 8-28-07; 96-407, eff. 8-13-09; | 24 |
| 96-555, eff. 8-18-09; revised 9-25-09.)
| 25 |
| (Text of Section after amendment by P.A. 96-339 ) |
|
|
|
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LRB096 18641 KTG 40193 a |
|
| 1 |
| Sec. 1-17. Inspector General. | 2 |
| (a) Nature and purpose. It is the express intent of the | 3 |
| General Assembly to ensure the health, safety, and financial | 4 |
| condition of individuals receiving services in this State due | 5 |
| to mental illness, developmental disability, or both by | 6 |
| protecting those persons from acts of abuse, neglect, or both | 7 |
| by service providers. To that end, the Office of the Inspector | 8 |
| General for the Department of Human Services is created to | 9 |
| investigate and report upon allegations of the abuse, neglect, | 10 |
| or financial exploitation of individuals receiving services | 11 |
| within mental health facilities, developmental disabilities | 12 |
| facilities, and community agencies operated, licensed, funded , | 13 |
| or certified by the Department of Human Services or , but not | 14 |
| licensed or certified by any other State agency. It is also the | 15 |
| express intent of the General Assembly to authorize the | 16 |
| Inspector General to investigate alleged or suspected cases of | 17 |
| abuse, neglect, or financial exploitation of adults with | 18 |
| disabilities living in domestic settings in the community under | 19 |
| the Abuse of Adults with Disabilities Intervention Act. | 20 |
| (b) Definitions. The following definitions apply to this | 21 |
| Section: | 22 |
| "Agency" or "community agency" means (i) a community agency | 23 |
| licensed, funded, or certified by the Department or , but not | 24 |
| licensed or certified by any other human services agency of the | 25 |
| State, to provide mental health service or developmental | 26 |
| disabilities service, or (ii) a program licensed, funded, or |
|
|
|
09600HB5132sam001 |
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|
| 1 |
| certified by the Department or , but not licensed or certified | 2 |
| by any other human services agency of the State, to provide | 3 |
| mental health service or developmental disabilities service. | 4 |
| "Aggravating circumstance" means a factor that is | 5 |
| attendant to a finding and that tends to compound or increase | 6 |
| the culpability of the accused. | 7 |
| "Allegation" means an assertion, complaint, suspicion, or | 8 |
| incident involving any of the following conduct by an employee, | 9 |
| facility, or agency against an individual or individuals: | 10 |
| mental abuse, physical abuse, sexual abuse, neglect, or | 11 |
| financial exploitation. | 12 |
| "Day" means working day, unless otherwise specified. | 13 |
| "Deflection" means a situation in which an individual is | 14 |
| presented for admission to a facility or agency, and the | 15 |
| facility staff or agency staff do not admit the individual. | 16 |
| "Deflection" includes triage, redirection, and denial of | 17 |
| admission. | 18 |
| "Department" means the Department of Human Services. | 19 |
| "Developmentally disabled" means having a developmental | 20 |
| disability. | 21 |
| "Developmental disability" means "developmental | 22 |
| disability" as defined in the Mental Health and Developmental | 23 |
| Disabilities Code. | 24 |
| "Egregious neglect" means a finding of neglect as | 25 |
| determined by the Inspector General that (i) represents a gross | 26 |
| failure to adequately provide for, or a callused indifference |
|
|
|
09600HB5132sam001 |
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LRB096 18641 KTG 40193 a |
|
| 1 |
| to, the health, safety, or medical needs of an individual and | 2 |
| (ii) results in an individual's death or other serious | 3 |
| deterioration of an individual's physical condition or mental | 4 |
| condition. | 5 |
| "Employee" means any person who provides services at the | 6 |
| facility or agency on-site or off-site. The service | 7 |
| relationship can be with the individual or with the facility or | 8 |
| agency. Also, "employee" includes any employee or contractual | 9 |
| agent of the Department of Human Services or the community | 10 |
| agency involved in providing or monitoring or administering | 11 |
| mental health or developmental disability services. This | 12 |
| includes but is not limited to: owners, operators, payroll | 13 |
| personnel, contractors, subcontractors, and volunteers. | 14 |
| "Facility" or "State-operated facility" means a mental | 15 |
| health facility or developmental disabilities facility | 16 |
| operated by the Department or certified or licensed by any | 17 |
| other State agency . | 18 |
| "Financial exploitation" means taking unjust advantage of | 19 |
| an individual's assets, property, or financial resources | 20 |
| through deception, intimidation, or conversion for the | 21 |
| employee's, facility's, or agency's own advantage or benefit. | 22 |
| "Finding" means the Office of Inspector General's | 23 |
| determination regarding whether an allegation is | 24 |
| substantiated, unsubstantiated, or unfounded. | 25 |
| "Health care worker registry" or "registry" means the | 26 |
| health care worker registry created by the Nursing Home Care |
|
|
|
09600HB5132sam001 |
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LRB096 18641 KTG 40193 a |
|
| 1 |
| Act. | 2 |
| "Individual" means any person receiving mental health | 3 |
| service, developmental disabilities service, or both from a | 4 |
| facility or agency, while either on-site or off-site. | 5 |
| "Mental abuse" means the use of demeaning, intimidating, or | 6 |
| threatening words, signs, gestures, or other actions by an | 7 |
| employee about an individual and in the presence of an | 8 |
| individual or individuals that results in emotional distress or | 9 |
| maladaptive behavior, or could have resulted in emotional | 10 |
| distress or maladaptive behavior, for any individual present. | 11 |
| "Mental illness" means "mental illness" as defined in the | 12 |
| Mental Health and Developmental Disabilities Code. | 13 |
| "Mentally ill" means having a mental illness. | 14 |
| "Mitigating circumstance" means a condition that (i) is | 15 |
| attendant to a finding, (ii) does not excuse or justify the | 16 |
| conduct in question, but (iii) may be considered in evaluating | 17 |
| the severity of the conduct, the culpability of the accused, or | 18 |
| both the severity of the conduct and the culpability of the | 19 |
| accused. | 20 |
| "Neglect" means an employee's, agency's, or facility's | 21 |
| failure to provide adequate medical care, personal care, or | 22 |
| maintenance and that, as a consequence, (i) causes an | 23 |
| individual pain, injury, or emotional distress, (ii) results in | 24 |
| either an individual's maladaptive behavior or the | 25 |
| deterioration of an individual's physical condition or mental | 26 |
| condition, or (iii) places the individual's health or safety at |
|
|
|
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|
| 1 |
| substantial risk. | 2 |
| "Physical abuse" means an employee's non-accidental and | 3 |
| inappropriate contact with an individual that causes bodily | 4 |
| harm. "Physical abuse" includes actions that cause bodily harm | 5 |
| as a result of an employee directing an individual or person to | 6 |
| physically abuse another individual. | 7 |
| "Recommendation" means an admonition, separate from a | 8 |
| finding, that requires action by the facility, agency, or | 9 |
| Department to correct a systemic issue, problem, or deficiency | 10 |
| identified during an investigation. | 11 |
| "Required reporter" means any employee who suspects, | 12 |
| witnesses, or is informed of an allegation of any one or more | 13 |
| of the following: mental abuse, physical abuse, sexual abuse, | 14 |
| neglect, or financial exploitation. | 15 |
| "Secretary" means the Chief Administrative Officer of the | 16 |
| Department. | 17 |
| "Sexual abuse" means any sexual contact or intimate | 18 |
| physical contact between an employee and an individual, | 19 |
| including an employee's coercion or encouragement of an | 20 |
| individual to engage in sexual behavior that results in sexual | 21 |
| contact, intimate physical contact, sexual behavior, or | 22 |
| intimate physical behavior. | 23 |
| "Substantiated" means there is a preponderance of the | 24 |
| evidence to support the allegation. | 25 |
| "Unfounded" means there is no credible evidence to support | 26 |
| the allegation. |
|
|
|
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| 1 |
| "Unsubstantiated" means there is credible evidence, but | 2 |
| less than a preponderance of evidence to support the | 3 |
| allegation. | 4 |
| (c) Appointment. The Governor shall appoint, and the Senate | 5 |
| shall confirm, an Inspector General. The Inspector General | 6 |
| shall be appointed for a term of 4 years and shall function | 7 |
| within the Department of Human Services and report to the | 8 |
| Secretary and the Governor. | 9 |
| (d) Operation and appropriation. The Inspector General | 10 |
| shall function independently within the Department with | 11 |
| respect to the operations of the Office, including the | 12 |
| performance of investigations and issuance of findings and | 13 |
| recommendations. The appropriation for the Office of Inspector | 14 |
| General shall be separate from the overall appropriation for | 15 |
| the Department. | 16 |
| (e) Powers and duties. The Inspector General shall | 17 |
| investigate reports of suspected mental abuse, physical abuse, | 18 |
| sexual abuse, neglect, or financial exploitation of | 19 |
| individuals in any mental health or developmental disabilities | 20 |
| facility or agency and shall have authority to take immediate | 21 |
| action to prevent any one or more of the following from | 22 |
| happening to individuals under its jurisdiction: mental abuse, | 23 |
| physical abuse, sexual abuse, neglect, or financial | 24 |
| exploitation. Investigations shall be commenced no later than | 25 |
| 24 hours after the report is received by the Inspector General. | 26 |
| Upon written request of an agency of this State, the Inspector |
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| General may assist another agency of the State in investigating | 2 |
| reports of the abuse, neglect, or abuse and neglect of persons | 3 |
| with mental illness, persons with developmental disabilities, | 4 |
| or persons with both. To comply with the requirements of | 5 |
| subsection (k) of this Section, the Inspector General shall | 6 |
| also review all reportable deaths for which there is no | 7 |
| allegation of abuse or neglect. Nothing in this Section shall | 8 |
| preempt any duties of the Medical Review Board set forth in the | 9 |
| Mental Health and Developmental Disabilities Code. The | 10 |
| Inspector General shall have no authority to investigate | 11 |
| alleged violations of the State Officials and Employees Ethics | 12 |
| Act. Allegations of misconduct under the State Officials and | 13 |
| Employees Ethics Act shall be referred to the Office of the | 14 |
| Governor's Executive Inspector General for investigation. | 15 |
| (f) Limitations. The Inspector General shall not conduct an | 16 |
| investigation within an agency or facility if that | 17 |
| investigation would be redundant to or interfere with an | 18 |
| investigation conducted by another State agency. The Inspector | 19 |
| General shall have no supervision over, or involvement in, the | 20 |
| routine programmatic, licensing, funding, or certification | 21 |
| operations of the Department. Nothing in this subsection limits | 22 |
| investigations by the Department that may otherwise be required | 23 |
| by law or that may be necessary in the Department's capacity as | 24 |
| central administrative authority responsible for the operation | 25 |
| of the State's mental health and developmental disabilities | 26 |
| facilities. |
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| (g) Rulemaking authority. The Inspector General shall | 2 |
| promulgate rules establishing minimum requirements for | 3 |
| reporting allegations as well as for initiating, conducting, | 4 |
| and completing investigations based upon the nature of the | 5 |
| allegation or allegations. The rules shall clearly establish | 6 |
| that if 2 or more State agencies could investigate an | 7 |
| allegation, the Inspector General shall not conduct an | 8 |
| investigation that would be redundant to, or interfere with, an | 9 |
| investigation conducted by another State agency . The rules | 10 |
| shall further clarify the method and circumstances under which | 11 |
| the Office of Inspector General may interact with the | 12 |
| licensing, funding, or certification units of the Department in | 13 |
| preventing further occurrences of mental abuse, physical | 14 |
| abuse, sexual abuse, neglect, egregious neglect, and financial | 15 |
| exploitation. | 16 |
| (h) Training programs. The Inspector General shall (i) | 17 |
| establish a comprehensive program to ensure that every person | 18 |
| authorized to conduct investigations receives ongoing training | 19 |
| relative to investigation techniques, communication skills, | 20 |
| and the appropriate means of interacting with persons receiving | 21 |
| treatment for mental illness, developmental disability, or | 22 |
| both mental illness and developmental disability, and (ii) | 23 |
| establish and conduct periodic training programs for facility | 24 |
| and agency employees concerning the prevention and reporting of | 25 |
| any one or more of the following: mental abuse, physical abuse, | 26 |
| sexual abuse, neglect, egregious neglect, or financial |
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| exploitation. Nothing in this Section shall be deemed to | 2 |
| prevent the Office of Inspector General from conducting any | 3 |
| other training as determined by the Inspector General to be | 4 |
| necessary or helpful. | 5 |
| (i) Duty to cooperate. | 6 |
| (1) The Inspector General shall at all times be granted | 7 |
| access to any facility or agency for the purpose of | 8 |
| investigating any allegation, conducting unannounced site | 9 |
| visits, monitoring compliance with a written response, or | 10 |
| completing any other statutorily assigned duty. The | 11 |
| Inspector General shall conduct unannounced site visits to | 12 |
| each facility at least annually for the purpose of | 13 |
| reviewing and making recommendations on systemic issues | 14 |
| relative to preventing, reporting, investigating, and | 15 |
| responding to all of the following: mental abuse, physical | 16 |
| abuse, sexual abuse, neglect, egregious neglect, or | 17 |
| financial exploitation. | 18 |
| (2) Any employee who fails to cooperate with an Office | 19 |
| of the Inspector General investigation is in violation of | 20 |
| this Act. Failure to cooperate with an investigation | 21 |
| includes, but is not limited to, any one or more of the | 22 |
| following: (i) creating and transmitting a false report to | 23 |
| the Office of the Inspector General hotline, (ii) providing | 24 |
| false information to an Office of the Inspector General | 25 |
| Investigator during an investigation, (iii) colluding with | 26 |
| other employees to cover up evidence, (iv) colluding with |
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| other employees to provide false information to an Office | 2 |
| of the Inspector General investigator, (v) destroying | 3 |
| evidence, (vi) withholding evidence, or (vii) otherwise | 4 |
| obstructing an Office of the Inspector General | 5 |
| investigation. Additionally, any employee who, during an | 6 |
| unannounced site visit or written response compliance | 7 |
| check, fails to cooperate with requests from the Office of | 8 |
| the Inspector General is in violation of this Act. | 9 |
| (j) Subpoena powers. The Inspector General shall have the | 10 |
| power to subpoena witnesses and compel the production of all | 11 |
| documents and physical evidence relating to his or her | 12 |
| investigations and any hearings authorized by this Act. This | 13 |
| subpoena power shall not extend to persons or documents of a | 14 |
| labor organization or its representatives insofar as the | 15 |
| persons are acting in a representative capacity to an employee | 16 |
| whose conduct is the subject of an investigation or the | 17 |
| documents relate to that representation. Any person who | 18 |
| otherwise fails to respond to a subpoena or who knowingly | 19 |
| provides false information to the Office of the Inspector | 20 |
| General by subpoena during an investigation is guilty of a | 21 |
| Class A misdemeanor. | 22 |
| (k) Reporting allegations and deaths. | 23 |
| (1) Allegations. If an employee witnesses, is told of, | 24 |
| or has reason to believe an incident of mental abuse, | 25 |
| physical abuse, sexual abuse, neglect, or financial | 26 |
| exploitation has occurred, the employee, agency, or |
|
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| facility shall report the allegation by phone to the Office | 2 |
| of the Inspector General hotline according to the agency's | 3 |
| or facility's procedures, but in no event later than 4 | 4 |
| hours after the initial discovery of the incident, | 5 |
| allegation, or suspicion of any one or more of the | 6 |
| following: mental abuse, physical abuse, sexual abuse, | 7 |
| neglect, or financial exploitation. A required reporter as | 8 |
| defined in subsection (b) of this Section who knowingly or | 9 |
| intentionally fails to comply with these reporting | 10 |
| requirements is guilty of a Class A misdemeanor. | 11 |
| (2) Deaths. Absent an allegation, a required reporter | 12 |
| shall, within 24 hours after initial discovery, report by | 13 |
| phone to the Office of the Inspector General hotline each | 14 |
| of the following: | 15 |
| (i) Any death of an individual occurring within 14 | 16 |
| calendar days after discharge or transfer of the | 17 |
| individual from a residential program or facility. | 18 |
| (ii) Any death of an individual occurring within 24 | 19 |
| hours after deflection from a residential program or | 20 |
| facility. | 21 |
| (iii) Any other death of an individual occurring at | 22 |
| an agency or facility or at any Department-funded site. | 23 |
| (3) Retaliation. It is a violation of this Act for any | 24 |
| employee or administrator of an agency or facility to take | 25 |
| retaliatory action against an employee who acts in good | 26 |
| faith in conformance with his or her duties as a required |
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| reporter. | 2 |
| (l) Reporting criminal acts. Within 24 hours after | 3 |
| determining that there is credible evidence indicating that a | 4 |
| criminal act may have been committed or that special expertise | 5 |
| may be required in an investigation, the Inspector General | 6 |
| shall notify the Department of State Police or other | 7 |
| appropriate law enforcement authority, or ensure that such | 8 |
| notification is made. The Department of State Police shall | 9 |
| investigate any report from a State-operated facility | 10 |
| indicating a possible murder, sexual assault, or other felony | 11 |
| by an employee. All investigations conducted by the Inspector | 12 |
| General shall be conducted in a manner designed to ensure the | 13 |
| preservation of evidence for possible use in a criminal | 14 |
| prosecution. | 15 |
| (m) Investigative reports. Upon completion of an | 16 |
| investigation, the Office of Inspector General shall issue an | 17 |
| investigative report identifying whether the allegations are | 18 |
| substantiated, unsubstantiated, or unfounded. Within 10 | 19 |
| business days after the transmittal of a completed | 20 |
| investigative report substantiating an allegation, or if a | 21 |
| recommendation is made, the Inspector General shall provide the | 22 |
| investigative report on the case to the Secretary and to the | 23 |
| director of the facility or agency where any one or more of the | 24 |
| following occurred: mental abuse, physical abuse, sexual | 25 |
| abuse, neglect, egregious neglect, or financial exploitation. | 26 |
| In a substantiated case, the investigative report shall include |
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| any mitigating or aggravating circumstances that were | 2 |
| identified during the investigation. If the case involves | 3 |
| substantiated neglect, the investigative report shall also | 4 |
| state whether egregious neglect was found. An investigative | 5 |
| report may also set forth recommendations. All investigative | 6 |
| reports prepared by the Office of the Inspector General shall | 7 |
| be considered confidential and shall not be released except as | 8 |
| provided by the law of this State or as required under | 9 |
| applicable federal law. Unsubstantiated and unfounded reports | 10 |
| shall not be disclosed except as allowed under Section 6 of the | 11 |
| Abused and Neglected Long Term Care Facility Residents | 12 |
| Reporting Act. Raw data used to compile the investigative | 13 |
| report shall not be subject to release unless required by law | 14 |
| or a court order. "Raw data used to compile the investigative | 15 |
| report" includes, but is not limited to, any one or more of the | 16 |
| following: the initial complaint, witness statements, | 17 |
| photographs, investigator's notes, police reports, or incident | 18 |
| reports. If the allegations are substantiated, the accused | 19 |
| shall be provided with a redacted copy of the investigative | 20 |
| report. Death reports where there was no allegation of abuse or | 21 |
| neglect shall only be released pursuant to applicable State or | 22 |
| federal law or a valid court order. | 23 |
| (n) Written responses and reconsideration requests. | 24 |
| (1) Written responses. Within 30 calendar days from | 25 |
| receipt of a substantiated investigative report or an | 26 |
| investigative report which contains recommendations, |
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| absent a reconsideration request, the facility or agency | 2 |
| shall file a written response that addresses, in a concise | 3 |
| and reasoned manner, the actions taken to: (i) protect the | 4 |
| individual; (ii) prevent recurrences; and (iii) eliminate | 5 |
| the problems identified. The response shall include the | 6 |
| implementation and completion dates of such actions. If the | 7 |
| written response is not filed within the allotted 30 | 8 |
| calendar day period, the Secretary shall determine the | 9 |
| appropriate corrective action to be taken. | 10 |
| (2) Reconsideration requests. The facility, agency, | 11 |
| victim or guardian, or the subject employee may request | 12 |
| that the Office of Inspector General reconsider or clarify | 13 |
| its finding based upon additional information. | 14 |
| (o) Disclosure of the finding by the Inspector General. The | 15 |
| Inspector General shall disclose the finding of an | 16 |
| investigation to the following persons and entities : (i) the | 17 |
| Governor, (ii) the Secretary, (iii) the director of the | 18 |
| facility or agency, (iv) the licensing entity of the facility, | 19 |
| if any, (v) the alleged victims and their guardians, (vi) the | 20 |
| complainant, and (vii) the accused (iv) the alleged victims and | 21 |
| their guardians, (v) the complainant, and (vi) the accused . | 22 |
| This information shall include whether the allegations were | 23 |
| deemed substantiated, unsubstantiated, or unfounded. | 24 |
| (p) Secretary review. Upon review of the Inspector | 25 |
| General's investigative report and any agency's or facility's | 26 |
| written response, the Secretary shall accept or reject the |
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| written response and notify the Inspector General of that | 2 |
| determination. The Secretary may further direct that other | 3 |
| administrative action be taken, including, but not limited to, | 4 |
| any one or more of the following: (i) additional site visits, | 5 |
| (ii) training, (iii) provision of technical assistance | 6 |
| relative to administrative needs, licensure or certification, | 7 |
| or (iv) the imposition of appropriate sanctions. | 8 |
| (q) Action by facility or agency. Within 30 days of the | 9 |
| date the Secretary approves the written response or directs | 10 |
| that further administrative action be taken, the facility or | 11 |
| agency shall provide an implementation report to the Inspector | 12 |
| General and the licensing entity of the facility, if any, that | 13 |
| provides the status of the action taken. The facility or agency | 14 |
| shall be allowed an additional 30 days to send notice of | 15 |
| completion of the action or to send an updated implementation | 16 |
| report. If the action has not been completed within the | 17 |
| additional 30 day period, the facility or agency shall send | 18 |
| updated implementation reports every 60 days until completion. | 19 |
| The Inspector General shall conduct a review of any | 20 |
| implementation plan that takes more than 120 days after | 21 |
| approval to complete, and shall monitor compliance through a | 22 |
| random review of approved written responses, which may include, | 23 |
| but are not limited to: (i) site visits, (ii) telephone | 24 |
| contact, and (iii) requests for additional documentation | 25 |
| evidencing compliance. | 26 |
| (r) Sanctions. Sanctions, if imposed by the Secretary under |
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| Subdivision (p)(iv) of this Section, shall be designed to | 2 |
| prevent further acts of mental abuse, physical abuse, sexual | 3 |
| abuse, neglect, egregious neglect, or financial exploitation | 4 |
| or some combination of one or more of those acts at a facility | 5 |
| or agency, and may include any one or more of the following: | 6 |
| (1) Appointment of on-site monitors. | 7 |
| (2) Transfer or relocation of an individual or | 8 |
| individuals. | 9 |
| (3) Closure of units. | 10 |
| (4) Termination of any one or more of the following: | 11 |
| (i) Department licensing, (ii) funding, or (iii) | 12 |
| certification , or (iv) licensing enforcement by the | 13 |
| licensing entity of the facility, if any, up to and | 14 |
| including revocation of licensure or an administrative | 15 |
| order of closure, or both . | 16 |
| The Inspector General may seek the assistance of the | 17 |
| Illinois Attorney General or the office of any State's Attorney | 18 |
| in implementing sanctions. | 19 |
| (s) Health care worker registry. | 20 |
| (1) Reporting to the registry. The Inspector General | 21 |
| shall report to the Department of Public Health's health | 22 |
| care worker registry, a public registry, MR/DD Community | 23 |
| Care Act the identity and finding of each employee of a | 24 |
| facility or agency against whom there is a final | 25 |
| investigative report containing a substantiated allegation | 26 |
| of physical or sexual abuse or egregious neglect of an |
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| individual. MR/DD Community Care Act | 2 |
| (2) Notice to employee. Prior to reporting the name of | 3 |
| an employee, the employee shall be notified of the | 4 |
| Department's obligation to report and shall be granted an | 5 |
| opportunity to request an administrative hearing, the sole | 6 |
| purpose of which is to determine if the substantiated | 7 |
| finding warrants reporting to the registry. Notice to the | 8 |
| employee shall contain a clear and concise statement of the | 9 |
| grounds on which the report to the registry is based, offer | 10 |
| the employee an opportunity for a hearing, and identify the | 11 |
| process for requesting such a hearing. Notice is sufficient | 12 |
| if provided by certified mail to the employee's last known | 13 |
| address. If the employee fails to request a hearing within | 14 |
| 30 days from the date of the notice, the Inspector General | 15 |
| shall report the name of the employee to the registry. | 16 |
| Nothing in this subdivision (s)(2) shall diminish or impair | 17 |
| the rights of a person who is a member of a collective | 18 |
| bargaining unit under the Illinois Public Labor Relations | 19 |
| Act or under any other federal labor statute. | 20 |
| (3) Registry hearings. If the employee requests an | 21 |
| administrative hearing, the employee shall be granted an | 22 |
| opportunity to appear before an administrative law judge to | 23 |
| present reasons why the employee's name should not be | 24 |
| reported to the registry. The Department shall bear the | 25 |
| burden of presenting evidence that establishes, by a | 26 |
| preponderance of the evidence, that the substantiated |
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| finding warrants reporting to the registry. After | 2 |
| considering all the evidence presented, the administrative | 3 |
| law judge shall make a recommendation to the Secretary as | 4 |
| to whether the substantiated finding warrants reporting | 5 |
| the name of the employee to the registry. The Secretary | 6 |
| shall render the final decision. The Department and the | 7 |
| employee shall have the right to request that the | 8 |
| administrative law judge consider a stipulated disposition | 9 |
| of these proceedings. | 10 |
| (4) Testimony at registry hearings. A person who makes | 11 |
| a report or who investigates a report under this Act shall | 12 |
| testify fully in any judicial proceeding resulting from | 13 |
| such a report, as to any evidence of abuse or neglect, or | 14 |
| the cause thereof. No evidence shall be excluded by reason | 15 |
| of any common law or statutory privilege relating to | 16 |
| communications between the alleged perpetrator of abuse or | 17 |
| neglect, or the individual alleged as the victim in the | 18 |
| report, and the person making or investigating the report. | 19 |
| Testimony at hearings is exempt from the confidentiality | 20 |
| requirements of subsection (f) of Section 10 of the Mental | 21 |
| Health and Developmental Disabilities Confidentiality Act. | 22 |
| (5) Employee's rights to collateral action. No | 23 |
| reporting to the registry shall occur and no hearing shall | 24 |
| be set or proceed if an employee notifies the Inspector | 25 |
| General in writing, including any supporting | 26 |
| documentation, that he or she is formally contesting an |
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| adverse employment action resulting from a substantiated | 2 |
| finding by complaint filed with the Illinois Civil Service | 3 |
| Commission, or which otherwise seeks to enforce the | 4 |
| employee's rights pursuant to any applicable collective | 5 |
| bargaining agreement. If an action taken by an employer | 6 |
| against an employee as a result of a finding of physical | 7 |
| abuse, sexual abuse, or egregious neglect is overturned | 8 |
| through an action filed with the Illinois Civil Service | 9 |
| Commission or under any applicable collective bargaining | 10 |
| agreement and if that employee's name has already been sent | 11 |
| to the registry, the employee's name shall be removed from | 12 |
| the registry. | 13 |
| (6) Removal from registry. At any time after the report | 14 |
| to the registry, but no more than once in any 12-month | 15 |
| period, an employee may petition the Department in writing | 16 |
| to remove his or her name from the registry. Upon receiving | 17 |
| notice of such request, the Inspector General shall conduct | 18 |
| an investigation into the petition. Upon receipt of such | 19 |
| request, an administrative hearing will be set by the | 20 |
| Department. At the hearing, the employee shall bear the | 21 |
| burden of presenting evidence that establishes, by a | 22 |
| preponderance of the evidence, that removal of the name | 23 |
| from the registry is in the public interest. The parties | 24 |
| may jointly request that the administrative law judge | 25 |
| consider a stipulated disposition of these proceedings. | 26 |
| (t) Review of Administrative Decisions. The Department |
|
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| shall preserve a record of all proceedings at any formal | 2 |
| hearing conducted by the Department involving health care | 3 |
| worker registry hearings. Final administrative decisions of | 4 |
| the Department are subject to judicial review pursuant to | 5 |
| provisions of the Administrative Review Law. | 6 |
| (u) Quality Care Board. There is created, within the Office | 7 |
| of the Inspector General, a Quality Care Board to be composed | 8 |
| of 7 members appointed by the Governor with the advice and | 9 |
| consent of the Senate. One of the members shall be designated | 10 |
| as chairman by the Governor. Of the initial appointments made | 11 |
| by the Governor, 4 Board members shall each be appointed for a | 12 |
| term of 4 years and 3 members shall each be appointed for a | 13 |
| term of 2 years. Upon the expiration of each member's term, a | 14 |
| successor shall be appointed for a term of 4 years. In the case | 15 |
| of a vacancy in the office of any member, the Governor shall | 16 |
| appoint a successor for the remainder of the unexpired term. | 17 |
| Members appointed by the Governor shall be qualified by | 18 |
| professional knowledge or experience in the area of law, | 19 |
| investigatory techniques, or in the area of care of the | 20 |
| mentally ill or developmentally disabled. Two members | 21 |
| appointed by the Governor shall be persons with a disability or | 22 |
| a parent of a person with a disability. Members shall serve | 23 |
| without compensation, but shall be reimbursed for expenses | 24 |
| incurred in connection with the performance of their duties as | 25 |
| members. | 26 |
| The Board shall meet quarterly, and may hold other meetings |
|
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| on the call of the chairman. Four members shall constitute a | 2 |
| quorum allowing the Board to conduct its business. The Board | 3 |
| may adopt rules and regulations it deems necessary to govern | 4 |
| its own procedures. | 5 |
| The Board shall monitor and oversee the operations, | 6 |
| policies, and procedures of the Inspector General to ensure the | 7 |
| prompt and thorough investigation of allegations of neglect and | 8 |
| abuse. In fulfilling these responsibilities, the Board may do | 9 |
| the following: | 10 |
| (1) Provide independent, expert consultation to the | 11 |
| Inspector General on policies and protocols for | 12 |
| investigations of alleged abuse, neglect, or both abuse and | 13 |
| neglect. | 14 |
| (2) Review existing regulations relating to the | 15 |
| operation of facilities. | 16 |
| (3) Advise the Inspector General as to the content of | 17 |
| training activities authorized under this Section. | 18 |
| (4) Recommend policies concerning methods for | 19 |
| improving the intergovernmental relationships between the | 20 |
| Office of the Inspector General and other State or federal | 21 |
| offices. | 22 |
| (v) Annual report. The Inspector General shall provide to | 23 |
| the General Assembly and the Governor, no later than January 1 | 24 |
| of each year, a summary of reports and investigations made | 25 |
| under this Act for the prior fiscal year with respect to | 26 |
| individuals receiving mental health or developmental |
|
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| disabilities services. The report shall detail the imposition | 2 |
| of sanctions, if any, and the final disposition of any | 3 |
| corrective or administrative action directed by the Secretary. | 4 |
| The summaries shall not contain any confidential or identifying | 5 |
| information of any individual, but shall include objective data | 6 |
| identifying any trends in the number of reported allegations, | 7 |
| the timeliness of the Office of the Inspector General's | 8 |
| investigations, and their disposition, for each facility and | 9 |
| Department-wide, for the most recent 3-year time period. The | 10 |
| report shall also identify, by facility, the staff-to-patient | 11 |
| ratios taking account of direct care staff only. The report | 12 |
| shall also include detailed recommended administrative actions | 13 |
| and matters for consideration by the General Assembly. | 14 |
| (w) Program audit. The Auditor General shall conduct a | 15 |
| program audit of the Office of the Inspector General on an | 16 |
| as-needed basis, as determined by the Auditor General. The | 17 |
| audit shall specifically include the Inspector General's | 18 |
| compliance with the Act and effectiveness in investigating | 19 |
| reports of allegations occurring in any facility or agency. The | 20 |
| Auditor General shall conduct the program audit according to | 21 |
| the provisions of the Illinois State Auditing Act and shall | 22 |
| report its findings to the General Assembly no later than | 23 |
| January 1 following the audit period.
| 24 |
| (x) Nothing in this Section shall be construed to mean that | 25 |
| a patient is a victim of abuse or neglect because of health | 26 |
| care services appropriately provided or not provided by health |
|
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| care professionals. | 2 |
| (y) Nothing in this Section shall require a facility, | 3 |
| including its employees, agents, medical staff members, and | 4 |
| health care professionals, to provide a service to a patient in | 5 |
| contravention of that patient's stated or implied objection to | 6 |
| the provision of that service on the ground that that service | 7 |
| conflicts with the patient's religious beliefs or practices, | 8 |
| nor shall the failure to provide a service to a patient be | 9 |
| considered abuse under this Section if the patient has objected | 10 |
| to the provision of that service based on his or her religious | 11 |
| beliefs or practices.
| 12 |
| (z) The General Assembly recognizes a need to protect from | 13 |
| abuse and neglect clients with developmental disabilities and | 14 |
| adult students with disabilities in public schools who are not | 15 |
| covered by any administrative investigative entity. Therefore, | 16 |
| OIG shall have the authority to investigate and report on | 17 |
| allegations of abuse or neglect of clients with developmental | 18 |
| disabilities. Additionally, when an allegation of abuse or | 19 |
| neglect is received by OIG regarding an adult student with | 20 |
| disabilities, OIG shall make the appropriate law enforcement | 21 |
| referral. The following provisions apply only to | 22 |
| investigations and referrals conducted pursuant to this | 23 |
| subsection (z). The provisions contained in subsections (a) | 24 |
| through (y) of this Section do not apply to this subsection | 25 |
| (z). | 26 |
| (1) Definitions. As used in this subsection: |
|
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| "Abuse" means a non-accidental act committed by an | 2 |
| employee, parent, or care giver against a client with | 3 |
| developmental disabilities or an adult student with | 4 |
| disabilities that results in physical injury or contact of | 5 |
| a sexual nature. | 6 |
| "Adult student with disabilities" means an adult | 7 |
| public school student between the ages of 18 and 21 years, | 8 |
| inclusive to the day before the student's 22nd birthday, | 9 |
| who is identified as having multiple disabilities as that | 10 |
| term is defined in 34 CFR 300.8(c)(7) and who is enrolled | 11 |
| in an individualized education program as that term is | 12 |
| defined in 34 CFR 300.320. | 13 |
| "Aggravating circumstance" means a factor that is | 14 |
| attendant to a finding and that tends to compound or | 15 |
| increase the culpability of the accused. | 16 |
| "Allegation" means an assertion, complaint, suspicion, | 17 |
| or incident of abuse or neglect by an employee, parent, or | 18 |
| care giver. | 19 |
| "Client with a developmental disability" means a | 20 |
| person over the age of 18 living in a residential facility | 21 |
| licensed by the Department of Children and Family Services | 22 |
| whose residential placement is funded by the Department of | 23 |
| Human Services. | 24 |
| "Credible evidence" means any evidence that relates to | 25 |
| the allegation or incident and that is considered | 26 |
| believable and reliable. |
|
|
|
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| 1 |
| "DCFS" means the Department of Children and Family | 2 |
| Services. | 3 |
| "Department" means the Department of Human Services. | 4 |
| "Employee" means any person employed at a facility | 5 |
| where the abuse or neglect allegedly occurred, or any | 6 |
| person employed by the school district in which the abuse | 7 |
| or neglect allegedly occurred. "Employee" also includes | 8 |
| contractors, subcontractors, employees of contractors or | 9 |
| subcontractors, and volunteers. | 10 |
| "Facility" means a DCFS licensed residential facility. | 11 |
| "Finding" means OIG's determination regarding whether | 12 |
| an allegation of abuse or neglect is substantiated, | 13 |
| unsubstantiated, or unfounded. | 14 |
| "Inspector General" means the Inspector General from | 15 |
| the Department of Human Services' Office of the Inspector | 16 |
| General. | 17 |
| "Mitigating circumstance" means a condition that is | 18 |
| attendant to a finding and does not excuse or justify the | 19 |
| conduct in question, but may be considered in evaluating | 20 |
| the severity of the conduct, the culpability of the | 21 |
| accused, or both the severity of the conduct and the | 22 |
| culpability of the accused. | 23 |
| "Neglect" means failure by an employee, parent, or care | 24 |
| giver to provide adequate food, shelter, clothing, | 25 |
| personal care, or medical care to ensure the overall | 26 |
| health, well-being or safety of a client with a |
|
|
|
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| 1 |
| developmental disability or an adult student with | 2 |
| disabilities. | 3 |
| "OIG" means the Department of Human Services' Office of | 4 |
| the Inspector General. | 5 |
| "Parent or care giver" means the parent of an adult | 6 |
| student with disabilities or any other person responsible | 7 |
| for the student's welfare or any individual with ongoing | 8 |
| access to the student. | 9 |
| "Raw data" means data that includes, but is not limited | 10 |
| to, any one or more of the following used to compile the | 11 |
| investigative report: the initial complaint, witness | 12 |
| statements, photographs, investigator's notes, police | 13 |
| reports, or incident reports. | 14 |
| "Required reporter" means any employee as defined in | 15 |
| this subsection (z). | 16 |
| "School" means any public school in the State of | 17 |
| Illinois. | 18 |
| "Secretary" means the Secretary of the Department of | 19 |
| Human Services. | 20 |
| "Substantiated" means there is a preponderance of the | 21 |
| evidence to support the allegation. | 22 |
| "Unfounded" means there is no credible evidence to | 23 |
| support the allegation. | 24 |
| "Unsubstantiated" means there is credible evidence, | 25 |
| but less than a preponderance to support the allegation. | 26 |
| (2) Duty to Cooperate. The Inspector General shall at |
|
|
|
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| 1 |
| all times be granted access to any DCFS-licensed facility | 2 |
| where a client with a developmental disability resides for | 3 |
| the purpose of investigating any allegation. The Inspector | 4 |
| General's authority in these settings is limited to | 5 |
| investigating allegations of abuse or neglect. No person | 6 |
| shall obstruct or impede OIG's access to a client with a | 7 |
| developmental disability, and shall not obstruct or impede | 8 |
| the investigation of abuse or neglect. If a person does so | 9 |
| obstruct or impede access to the alleged victim, local law | 10 |
| enforcement agencies shall take all appropriate action to | 11 |
| assist OIG in performing its duties. | 12 |
| (3) Reporting allegations. Any required reporter who | 13 |
| has reasonable cause to believe abuse or neglect of a | 14 |
| client with a developmental disability or an adult student | 15 |
| with disabilities occurred shall report this to the OIG | 16 |
| Hotline within 4 hours of discovery. | 17 |
| (4) Reporting criminal acts. If, during the course of | 18 |
| an investigation of abuse or neglect, OIG determines there | 19 |
| is credible evidence that a crime has been committed, the | 20 |
| incident shall be reported to the appropriate law | 21 |
| enforcement agency and OIG, the facility, and the school | 22 |
| shall defer to that agency regarding the propriety of any | 23 |
| further investigative activity. | 24 |
| (5) Investigative reports. Upon completion of an | 25 |
| investigation, OIG shall issue an investigative report | 26 |
| identifying whether the allegations are substantiated, |
|
|
|
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| 1 |
| unsubstantiated, or unfounded. Within 10 business days | 2 |
| after the transmittal of a completed investigative report | 3 |
| substantiating the allegation, the Inspector General shall | 4 |
| provide a copy of the investigative report to the | 5 |
| Secretary, the Department's Director of the Division of | 6 |
| Developmental Disabilities, the Director of the agency | 7 |
| that owns or operates the facility where the abuse or | 8 |
| neglect occurred, and the licensing bureau of DCFS. In a | 9 |
| substantiated case, the investigative report shall include | 10 |
| any mitigating or aggravating circumstances that were | 11 |
| identified during the investigation and a redacted copy of | 12 |
| the investigative report shall be provided to the accused. | 13 |
| All investigative reports prepared by OIG shall be | 14 |
| considered confidential and shall not be released except as | 15 |
| otherwise provided by the law of this State or as required | 16 |
| under applicable federal law. Unsubstantiated and | 17 |
| unfounded reports shall not be disclosed except with a | 18 |
| court order. Raw data used to compile the investigative | 19 |
| report shall not be subject to release unless required by | 20 |
| law or a court order. | 21 |
| (6) Disclosure of the finding by the Inspector General. | 22 |
| The Inspector General shall disclose the finding of an | 23 |
| investigation to the following persons: (i) the Governor, | 24 |
| (ii) the Secretary, (iii) the Director of the agency that | 25 |
| owns or operates the facility, (iv) the Department's | 26 |
| Director of the Division of Developmental Disabilities, |
|
|
|
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| 1 |
| (v) the alleged victim or guardian if applicable, and (vi) | 2 |
| the accused. The information shall include whether the | 3 |
| allegations were substantiated, unsubstantiated, or | 4 |
| unfounded. | 5 |
| (7) Law enforcement referrals. Upon receipt of a | 6 |
| reportable allegation regarding an adult student with | 7 |
| disabilities, OIG shall make an expeditious referral to the | 8 |
| respective law enforcement entity. | 9 |
| (8) Limitations. OIG shall have no involvement in any | 10 |
| disciplinary proceeding except to provide testimony | 11 |
| pursuant to a subpoena. OIG shall be notified in writing of | 12 |
| any action taken as a result of a substantiated finding, | 13 |
| but shall have no involvement in reviewing or implementing | 14 |
| actions taken as a result of the finding. | 15 |
| (9) Sanctions. | 16 |
| (A) When necessary, sanctions may be imposed by the | 17 |
| licensing entity of the facility and shall be designed | 18 |
| to prevent further acts of abuse or neglect, and may | 19 |
| include any one or more of the following: | 20 |
| (i) Appointment of on-site monitors. | 21 |
| (ii) Transfer or relocation of the victim. | 22 |
| (iii) Closure of a facility. | 23 |
| (iv) Termination of any one or more of the | 24 |
| following: licensing, funding, certification, or | 25 |
| licensing enforcement by the licensing entity of | 26 |
| the facility, if any, up to and including |
|
|
|
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|
| 1 |
| revocation of licensure or an administrative order | 2 |
| of closure, or both. | 3 |
| (B) The Secretary is authorized to withdraw | 4 |
| funding for any facility where an allegation | 5 |
| concerning a client with a developmental disability | 6 |
| was substantiated. | 7 |
| (Source: P.A. 95-545, eff. 8-28-07; 96-339, eff. 7-1-10; | 8 |
| 96-407, eff. 8-13-09; 96-555, eff. 8-18-09; revised 9-25-09.)
| 9 |
| Section 10. The Abuse of Adults with Disabilities | 10 |
| Intervention Act is amended by changing Section 35 as follows: | 11 |
| (20 ILCS 2435/35) (from Ch. 23, par. 3395-35) | 12 |
| Sec. 35. Assessment of reports. | 13 |
| (a) The Adults with Disabilities Abuse Project
shall, upon | 14 |
| receiving a report of
alleged
or suspected abuse, neglect, or | 15 |
| exploitation obtain
the consent of the subject of the report to | 16 |
| conduct an assessment with
respect to the report. The | 17 |
| assessment shall include, but not be limited
to, a face-to-face | 18 |
| interview with the adult with disabilities who is the
subject | 19 |
| of the report and may include a visit to the residence of the
| 20 |
| adult with disabilities, and interviews or consultations with | 21 |
| service
agencies or individuals
who may have knowledge of the | 22 |
| circumstances of
the adult with disabilities.
A determination | 23 |
| shall be
made whether each report is substantiated. If the | 24 |
| Office of Inspector General
determines
that there is clear and |
|
|
|
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| 1 |
| substantial risk of death or great bodily harm, it
shall | 2 |
| immediately
secure or provide emergency protective services | 3 |
| for purposes of preventing
further abuse,
neglect, or | 4 |
| exploitation, and for safeguarding the welfare of the person. | 5 |
| Such
services
must be provided in the least restrictive | 6 |
| environment commensurate with the
adult with
disabilities' | 7 |
| needs. | 8 |
| (a-1) The Adults with Disabilities Abuse Project shall, | 9 |
| upon receiving a report of alleged or suspected abuse, neglect, | 10 |
| or financial exploitation, initiate the investigation within | 11 |
| 24 hours of receiving the report. | 12 |
| (a-5) The Adults with Disabilities Abuse Project shall | 13 |
| initiate an
assessment
of all reports
of alleged or suspected | 14 |
| abuse or neglect within 7 days after receipt of the
report, | 15 |
| except
reports of abuse or neglect that indicate that the life | 16 |
| or safety of an adult
with disabilities
is in imminent danger | 17 |
| shall be assessed within 24 hours after receipt of the
report.
| 18 |
| Reports of exploitation shall be assessed within 30 days after | 19 |
| the receipt of
the report. | 20 |
| (b) (Blank). | 21 |
| (c) The Department shall effect written interagency | 22 |
| agreements
with other
State
departments and any other public | 23 |
| and private agencies to coordinate and
cooperate in the | 24 |
| handling of substantiated cases; to accept and manage
| 25 |
| substantiated cases on a priority basis; and to waive | 26 |
| eligibility requirements
for the adult with disabilities in an |
|
|
|
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|
| 1 |
| emergency. | 2 |
| (d) Every effort shall be made by the Adults with | 3 |
| Disabilities Abuse
Project
to
coordinate and cooperate with | 4 |
| public and private agencies to ensure the
provision of
services | 5 |
| necessary to eliminate further abuse, neglect, and | 6 |
| exploitation of the
adult with
disabilities who is the subject | 7 |
| of the report. | 8 |
| The Office of Inspector General shall
promulgate rules and | 9 |
| regulations to ensure the
effective implementation of the | 10 |
| Adults with Disabilities Abuse
Project statewide. | 11 |
| (e) When the Adults with Disabilities Abuse Project | 12 |
| determines that a case
is
substantiated, it shall refer the | 13 |
| case to the appropriate office within the
Department of
Human | 14 |
| Services to develop, with the consent of and in consultation | 15 |
| with the
adult with
disabilities, a service plan for the adult | 16 |
| with disabilities. | 17 |
| (f) The Adults with Disabilities Abuse Project shall refer | 18 |
| reports of
alleged or suspected
abuse, neglect, or exploitation | 19 |
| to another State agency when that agency has a
statutory
| 20 |
| obligation to investigate such reports. | 21 |
| (g) If the Adults with Disabilities Abuse Project has | 22 |
| reason to believe that
a crime has
been committed, the incident | 23 |
| shall be reported to the appropriate law
enforcement
agency. | 24 |
| (Source: P.A. 91-671, eff. 7-1-00.) | 25 |
| Section 15. The Abused and Neglected Child Reporting Act is |
|
|
|
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|
| 1 |
| amended by changing Sections 2, 3, 4, 7, 7.3, 7.4, 7.7, 7.10, | 2 |
| 7.14, 8.1, 8.5, 9, 9.1, and 11 and by adding Section 4.4a as | 3 |
| follows:
| 4 |
| (325 ILCS 5/2) (from Ch. 23, par. 2052)
| 5 |
| Sec. 2.
(a) The Illinois Department of Children and Family | 6 |
| Services
shall, upon receiving reports made under this Act, | 7 |
| protect the health,
safety, and best
interests of the child in | 8 |
| all situations in which the child is vulnerable to
child abuse | 9 |
| or neglect, offer protective services in order to prevent
any | 10 |
| further harm to the child and to other children in the same
| 11 |
| environment or family, stabilize the home environment,
and | 12 |
| preserve family life whenever possible. Recognizing that | 13 |
| children also can
be abused and neglected
while living in | 14 |
| public or private residential agencies or institutions
meant to | 15 |
| serve them, while attending day care centers, schools, or
| 16 |
| religious activities, or
when in contact with adults who are | 17 |
| responsible for the welfare of the
child at that time,
this Act | 18 |
| also provides for the reporting and investigation
of child | 19 |
| abuse and neglect in such instances. In performing any of these
| 20 |
| duties, the Department may utilize such protective services of | 21 |
| voluntary
agencies as are available.
| 22 |
| (b) The Department shall be responsible for receiving and | 23 |
| investigating reports of adult resident abuse or neglect under | 24 |
| the provisions of this Act. | 25 |
| (Source: P.A. 92-801, eff. 8-16-02.)
|
|
|
|
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|
| 1 |
| (325 ILCS 5/3) (from Ch. 23, par. 2053)
| 2 |
| Sec. 3. As used in this Act unless the context otherwise | 3 |
| requires:
| 4 |
| "Adult resident" means any person between 18 and 22 years | 5 |
| of age who resides in any facility licensed by the Department | 6 |
| under the Child Care Act of 1969. For purposes of this Act, the | 7 |
| criteria set forth in the definitions of "abused child" and | 8 |
| "neglected child" shall be used in determining whether an adult | 9 |
| resident is abused or neglected. | 10 |
| "Child" means any person under the age of 18 years, unless | 11 |
| legally
emancipated by reason of marriage or entry into a | 12 |
| branch of the United
States armed services.
| 13 |
| "Department" means Department of Children and Family | 14 |
| Services.
| 15 |
| "Local law enforcement agency" means the police of a city, | 16 |
| town,
village or other incorporated area or the sheriff of an | 17 |
| unincorporated
area or any sworn officer of the Illinois | 18 |
| Department of State Police.
| 19 |
| "Abused child"
means a child whose parent or immediate | 20 |
| family
member,
or any person responsible for the child's | 21 |
| welfare, or any individual
residing in the same home as the | 22 |
| child, or a paramour of the child's parent:
| 23 |
| (a) inflicts, causes to be inflicted, or allows to be
| 24 |
| inflicted upon
such child physical injury, by other than | 25 |
| accidental means, which causes
death, disfigurement, |
|
|
|
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| 1 |
| impairment of physical or
emotional health, or loss or | 2 |
| impairment of any bodily function;
| 3 |
| (b) creates a substantial risk of physical injury to | 4 |
| such
child by
other than accidental means which would be | 5 |
| likely to cause death,
disfigurement, impairment of | 6 |
| physical or emotional health, or loss or
impairment of any | 7 |
| bodily function;
| 8 |
| (c) commits or allows to be committed any sex offense | 9 |
| against
such child,
as such sex offenses are defined in the | 10 |
| Criminal Code of 1961, as amended,
and extending those | 11 |
| definitions of sex offenses to include children under
18 | 12 |
| years of age;
| 13 |
| (d) commits or allows to be committed an act or acts of
| 14 |
| torture upon
such child;
| 15 |
| (e) inflicts excessive corporal punishment;
| 16 |
| (f) commits or allows to be committed
the offense of
| 17 |
| female
genital mutilation, as defined in Section 12-34 of | 18 |
| the Criminal Code of
1961, against the child; or
| 19 |
| (g) causes to be sold, transferred, distributed, or | 20 |
| given to
such child
under 18 years of age, a controlled | 21 |
| substance as defined in Section 102 of the
Illinois | 22 |
| Controlled Substances Act in violation of Article IV of the | 23 |
| Illinois
Controlled Substances Act or in violation of the | 24 |
| Methamphetamine Control and Community Protection Act, | 25 |
| except for controlled substances that are prescribed
in | 26 |
| accordance with Article III of the Illinois Controlled |
|
|
|
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|
| 1 |
| Substances Act and
are dispensed to such child in a manner | 2 |
| that substantially complies with the
prescription.
| 3 |
| A child shall not be considered abused for the sole reason | 4 |
| that the child
has been relinquished in accordance with the | 5 |
| Abandoned Newborn Infant
Protection Act.
| 6 |
| "Neglected child" means any child who is not receiving the | 7 |
| proper or
necessary nourishment or medically indicated | 8 |
| treatment including food or care
not provided solely on the | 9 |
| basis of the present or anticipated mental or
physical | 10 |
| impairment as determined by a physician acting alone or in
| 11 |
| consultation with other physicians or otherwise is not | 12 |
| receiving the proper or
necessary support or medical or other | 13 |
| remedial care recognized under State law
as necessary for a | 14 |
| child's well-being, or other care necessary for his or her
| 15 |
| well-being, including adequate food, clothing and shelter; or | 16 |
| who is abandoned
by his or her parents or other person | 17 |
| responsible for the child's welfare
without a proper plan of | 18 |
| care; or who has been provided with interim crisis intervention | 19 |
| services under
Section 3-5 of
the Juvenile Court Act of 1987 | 20 |
| and whose parent, guardian, or custodian refuses to
permit
the | 21 |
| child to return home and no other living arrangement agreeable
| 22 |
| to the parent, guardian, or custodian can be made, and the | 23 |
| parent, guardian, or custodian has not made any other | 24 |
| appropriate living arrangement for the child; or who is a | 25 |
| newborn infant whose blood, urine,
or meconium
contains any | 26 |
| amount of a controlled substance as defined in subsection (f) |
|
|
|
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|
| 1 |
| of
Section 102 of the Illinois Controlled Substances Act or a | 2 |
| metabolite thereof,
with the exception of a controlled | 3 |
| substance or metabolite thereof whose
presence in the newborn | 4 |
| infant is the result of medical treatment administered
to the | 5 |
| mother or the newborn infant. A child shall not be considered | 6 |
| neglected
for the sole reason that the child's parent or other | 7 |
| person responsible for his
or her welfare has left the child in | 8 |
| the care of an adult relative for any
period of time. A child | 9 |
| shall not be considered neglected for the sole reason
that the | 10 |
| child has been relinquished in accordance with the Abandoned | 11 |
| Newborn
Infant Protection Act. A child shall not be considered | 12 |
| neglected or abused
for the
sole reason that such child's | 13 |
| parent or other person responsible for his or her
welfare | 14 |
| depends upon spiritual means through prayer alone for the | 15 |
| treatment or
cure of disease or remedial care as provided under | 16 |
| Section 4 of this Act. A
child shall not be considered | 17 |
| neglected or abused solely because the child is
not attending | 18 |
| school in accordance with the requirements of Article 26 of The
| 19 |
| School Code, as amended.
| 20 |
| "Child Protective Service Unit" means certain specialized | 21 |
| State employees of
the Department assigned by the Director to | 22 |
| perform the duties and
responsibilities as provided under | 23 |
| Section 7.2 of this Act.
| 24 |
| "Person responsible for the child's welfare" means the | 25 |
| child's parent;
guardian; foster parent; relative caregiver; | 26 |
| any person responsible for the
child's welfare in a public or |
|
|
|
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|
| 1 |
| private residential agency or institution; any
person | 2 |
| responsible for the child's welfare within a public or private | 3 |
| profit or
not for profit child care facility; or any other | 4 |
| person responsible for the
child's welfare at the time of the | 5 |
| alleged abuse or neglect, or any person who
came to know the | 6 |
| child through an official capacity or position of trust,
| 7 |
| including but not limited to health care professionals, | 8 |
| educational personnel,
recreational supervisors, members of | 9 |
| the clergy, and volunteers or
support personnel in any setting
| 10 |
| where children may be subject to abuse or neglect.
| 11 |
| "Temporary protective custody" means custody within a | 12 |
| hospital or
other medical facility or a place previously | 13 |
| designated for such custody
by the Department, subject to | 14 |
| review by the Court, including a licensed
foster home, group | 15 |
| home, or other institution; but such place shall not
be a jail | 16 |
| or other place for the detention of criminal or juvenile | 17 |
| offenders.
| 18 |
| "An unfounded report" means any report made under this Act | 19 |
| for which
it is determined after an investigation that no | 20 |
| credible evidence of
abuse or neglect exists.
| 21 |
| "An indicated report" means a report made under this Act if | 22 |
| an
investigation determines that credible evidence of the | 23 |
| alleged
abuse or neglect exists.
| 24 |
| "An undetermined report" means any report made under this | 25 |
| Act in
which it was not possible to initiate or complete an | 26 |
| investigation on
the basis of information provided to the |
|
|
|
09600HB5132sam001 |
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|
| 1 |
| Department.
| 2 |
| "Subject of report" means any child reported to the central | 3 |
| register
of child abuse and neglect established under Section | 4 |
| 7.7 of this Act and
his or her parent, guardian or other person | 5 |
| responsible
who is also named in the report.
| 6 |
| "Perpetrator" means a person who, as a result of | 7 |
| investigation, has
been determined by the Department to have | 8 |
| caused child abuse or neglect.
| 9 |
| "Member of the clergy" means a clergyman or practitioner of | 10 |
| any religious
denomination accredited by the religious body to | 11 |
| which he or she belongs.
| 12 |
| (Source: P.A. 94-556, eff. 9-11-05; 95-443, eff. 1-1-08.)
| 13 |
| (325 ILCS 5/4) (from Ch. 23, par. 2054)
| 14 |
| Sec. 4. Persons required to report; privileged | 15 |
| communications;
transmitting false report. Any physician, | 16 |
| resident, intern, hospital,
hospital administrator
and | 17 |
| personnel engaged in examination, care and treatment of | 18 |
| persons, surgeon,
dentist, dentist hygienist, osteopath, | 19 |
| chiropractor, podiatrist, physician
assistant, substance abuse | 20 |
| treatment personnel, funeral home
director or employee, | 21 |
| coroner, medical examiner, emergency medical technician,
| 22 |
| acupuncturist, crisis line or hotline personnel, school | 23 |
| personnel (including administrators and both certified and | 24 |
| non-certified school employees), educational
advocate assigned | 25 |
| to a child pursuant to the School Code, member of a school |
|
|
|
09600HB5132sam001 |
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|
| 1 |
| board or the Chicago Board of Education or the governing body | 2 |
| of a private school (but only to the extent required in | 3 |
| accordance with other provisions of this Section expressly | 4 |
| concerning the duty of school board members to report suspected | 5 |
| child abuse), truant officers,
social worker, social services | 6 |
| administrator,
domestic violence program personnel, registered | 7 |
| nurse, licensed
practical nurse, genetic counselor,
| 8 |
| respiratory care practitioner, advanced practice nurse, home
| 9 |
| health aide, director or staff
assistant of a nursery school or | 10 |
| a child day care center, recreational program
or facility | 11 |
| personnel, law enforcement officer, licensed professional
| 12 |
| counselor, licensed clinical professional counselor, | 13 |
| registered psychologist
and
assistants working under the | 14 |
| direct supervision of a psychologist,
psychiatrist, or field | 15 |
| personnel of the Department of Healthcare and Family Services,
| 16 |
| Juvenile Justice, Public Health, Human Services (acting as | 17 |
| successor to the Department of Mental
Health and Developmental | 18 |
| Disabilities, Rehabilitation Services, or Public Aid),
| 19 |
| Corrections, Human Rights, or Children and Family Services, | 20 |
| supervisor and
administrator of general assistance under the | 21 |
| Illinois Public Aid Code,
probation officer, animal control | 22 |
| officer or Illinois Department of Agriculture Bureau of Animal | 23 |
| Health and Welfare field investigator, or any other foster | 24 |
| parent, homemaker or child care worker
having reasonable cause | 25 |
| to believe a child known to them in their professional
or | 26 |
| official capacity may be an abused child or a neglected child |
|
|
|
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| 1 |
| shall
immediately report or cause a report to be made to the | 2 |
| Department.
| 3 |
| Any member of the clergy having reasonable cause to believe | 4 |
| that a child
known to that member of the clergy in his or her | 5 |
| professional capacity may be
an abused child as defined in item | 6 |
| (c) of the definition of "abused child" in
Section 3 of this | 7 |
| Act shall immediately report or cause a report to be made to
| 8 |
| the Department.
| 9 |
| If an allegation is raised to a school board member during | 10 |
| the course of an open or closed school board meeting that a | 11 |
| child who is enrolled in the school district of which he or she | 12 |
| is a board member is an abused child as defined in Section 3 of | 13 |
| this Act, the member shall direct or cause the school board to | 14 |
| direct the superintendent of the school district or other | 15 |
| equivalent school administrator to comply with the | 16 |
| requirements of this Act concerning the reporting of child | 17 |
| abuse. For purposes of this paragraph, a school board member is | 18 |
| granted the authority in his or her individual capacity to | 19 |
| direct the superintendent of the school district or other | 20 |
| equivalent school administrator to comply with the | 21 |
| requirements of this Act concerning the reporting of child | 22 |
| abuse.
| 23 |
| Notwithstanding any other provision of this Act, if an | 24 |
| employee of a school district has made a report or caused a | 25 |
| report to be made to the Department under this Act involving | 26 |
| the conduct of a current or former employee of the school |
|
|
|
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| district and a request is made by another school district for | 2 |
| the provision of information concerning the job performance or | 3 |
| qualifications of the current or former employee because he or | 4 |
| she is an applicant for employment with the requesting school | 5 |
| district, the general superintendent of the school district to | 6 |
| which the request is being made must disclose to the requesting | 7 |
| school district the fact that an employee of the school | 8 |
| district has made a report involving the conduct of the | 9 |
| applicant or caused a report to be made to the Department, as | 10 |
| required under this Act. Only the fact that an employee of the | 11 |
| school district has made a report involving the conduct of the | 12 |
| applicant or caused a report to be made to the Department may | 13 |
| be disclosed by the general superintendent of the school | 14 |
| district to which the request for information concerning the | 15 |
| applicant is made, and this fact may be disclosed only in cases | 16 |
| where the employee and the general superintendent have not been | 17 |
| informed by the Department that the allegations were unfounded. | 18 |
| An employee of a school district who is or has been the subject | 19 |
| of a report made pursuant to this Act during his or her | 20 |
| employment with the school district must be informed by that | 21 |
| school district that if he or she applies for employment with | 22 |
| another school district, the general superintendent of the | 23 |
| former school district, upon the request of the school district | 24 |
| to which the employee applies, shall notify that requesting | 25 |
| school district that the employee is or was the subject of such | 26 |
| a report.
|
|
|
|
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| 1 |
| Whenever
such person is required to report under this Act | 2 |
| in his capacity as a member of
the staff of a medical or other | 3 |
| public or private institution, school, facility
or agency, or | 4 |
| as a member of the clergy, he shall
make report immediately to | 5 |
| the Department in accordance
with the provisions of this Act | 6 |
| and may also notify the person in charge of
such institution, | 7 |
| school, facility or agency, or church, synagogue, temple,
| 8 |
| mosque, or other religious institution, or his
designated agent | 9 |
| that such
report has been made. Under no circumstances shall | 10 |
| any person in charge of
such institution, school, facility or | 11 |
| agency, or church, synagogue, temple,
mosque, or other | 12 |
| religious institution, or his
designated agent to whom
such | 13 |
| notification has been made, exercise any control, restraint, | 14 |
| modification
or other change in the report or the forwarding of | 15 |
| such report to the
Department.
| 16 |
| The privileged quality of communication between any | 17 |
| professional
person required to report
and his patient or | 18 |
| client shall not apply to situations involving abused or
| 19 |
| neglected children and shall not constitute grounds for failure | 20 |
| to report
as required by this Act.
| 21 |
| A member of the clergy may claim the privilege under | 22 |
| Section 8-803 of the
Code of Civil Procedure.
| 23 |
| In addition to the above persons required to
report | 24 |
| suspected cases of abused or neglected children, any other | 25 |
| person
may make a report if such person has reasonable cause to | 26 |
| believe a child
may be an abused child or a neglected child.
|
|
|
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| 1 |
| Any person who enters into
employment on and after July 1, | 2 |
| 1986 and is mandated by virtue of that
employment to report | 3 |
| under this Act, shall sign a statement on a form
prescribed by | 4 |
| the Department, to the effect that the employee has knowledge
| 5 |
| and understanding of the reporting requirements of this Act. | 6 |
| The statement
shall be signed prior to commencement of the | 7 |
| employment. The signed
statement shall be retained by the | 8 |
| employer. The cost of printing,
distribution, and filing of the | 9 |
| statement shall be borne by the employer.
| 10 |
| The Department shall provide copies of this Act, upon | 11 |
| request, to all
employers employing persons who shall be | 12 |
| required under the provisions of
this Section to report under | 13 |
| this Act.
| 14 |
| Any person who knowingly transmits a false report to the | 15 |
| Department
commits the offense of disorderly conduct under | 16 |
| subsection (a)(7) of
Section 26-1 of the "Criminal Code of | 17 |
| 1961". Any person who violates this
provision a second or | 18 |
| subsequent time shall be guilty of a Class 3
felony.
| 19 |
| Any person who knowingly and willfully violates any | 20 |
| provision of this
Section other than a second or subsequent | 21 |
| violation of transmitting a
false report as described in the
| 22 |
| preceding paragraph, is guilty of a
Class A misdemeanor for
a | 23 |
| first violation and a Class
4 felony for a
second or subsequent | 24 |
| violation; except that if the person acted as part
of a plan or | 25 |
| scheme having as its object the
prevention of discovery of an | 26 |
| abused or neglected child by lawful authorities
for the
purpose |
|
|
|
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| of protecting or insulating any person or entity from arrest or
| 2 |
| prosecution, the
person is guilty of a Class 4 felony for a | 3 |
| first offense and a Class 3 felony
for a second or
subsequent | 4 |
| offense (regardless of whether the second or subsequent offense
| 5 |
| involves any
of the same facts or persons as the first or other | 6 |
| prior offense).
| 7 |
| A child whose parent, guardian or custodian in good faith | 8 |
| selects and depends
upon spiritual means through prayer alone | 9 |
| for the treatment or cure of
disease or remedial care may be | 10 |
| considered neglected or abused, but not for
the sole reason | 11 |
| that his parent, guardian or custodian accepts and
practices | 12 |
| such beliefs.
| 13 |
| A child shall not be considered neglected or abused solely | 14 |
| because the
child is not attending school in accordance with | 15 |
| the requirements of
Article 26 of the School Code, as amended.
| 16 |
| Nothing in this Act prohibits a mandated reporter who | 17 |
| reasonably believes that an animal is being abused or neglected | 18 |
| in violation of the Humane Care for Animals Act from reporting | 19 |
| animal abuse or neglect to the Department of Agriculture's | 20 |
| Bureau of Animal Health and Welfare. | 21 |
| A home rule unit may not regulate the reporting of child | 22 |
| abuse or neglect in a manner inconsistent with the provisions | 23 |
| of this Section. This Section is a limitation under subsection | 24 |
| (i) of Section 6 of Article VII of the Illinois Constitution on | 25 |
| the concurrent exercise by home rule units of powers and | 26 |
| functions exercised by the State. |
|
|
|
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|
| 1 |
| For purposes of this Section "child abuse or neglect" | 2 |
| includes abuse or neglect of an adult resident as defined in | 3 |
| this Act. | 4 |
| (Source: P.A. 95-10, eff. 6-30-07; 95-461, eff. 8-27-07; | 5 |
| 95-876, eff. 8-21-08; 95-908, eff. 8-26-08; 96-494, eff. | 6 |
| 8-14-09.)
| 7 |
| (325 ILCS 5/4.4a new) | 8 |
| Sec. 4.4a. Department of Children and Family Services duty | 9 |
| to report to Department of Human Services' Office of Inspector | 10 |
| General. Whenever the Department receives, by means of its | 11 |
| statewide toll-free telephone number established under Section | 12 |
| 7.6 for the purpose of reporting suspected child abuse or | 13 |
| neglect or by any other means or from any mandated reporter | 14 |
| under Section 4 of this Act, a report of suspected abuse, | 15 |
| neglect, or financial exploitation of a disabled adult between | 16 |
| the ages of 18 and 59 and who is not a ward of the Department, | 17 |
| the Department shall instruct the reporter to contact the | 18 |
| Department of Human Services' Office of the Inspector General | 19 |
| and shall provide the reporter with the statewide, 24-hour | 20 |
| toll-free telephone number established and maintained by the | 21 |
| Department of Human Services' Office of the Inspector General.
| 22 |
| (325 ILCS 5/7) (from Ch. 23, par. 2057)
| 23 |
| Sec. 7. Time and manner of making reports. All reports of | 24 |
| suspected
child abuse or neglect made
under this Act shall be |
|
|
|
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|
| 1 |
| made immediately by telephone to the central register
| 2 |
| established under Section 7.7 on the single, State-wide, | 3 |
| toll-free telephone
number established in Section 7.6, or in | 4 |
| person or by telephone through
the nearest Department office. | 5 |
| The Department shall, in cooperation with
school officials, | 6 |
| distribute
appropriate materials in school buildings
listing | 7 |
| the toll-free telephone number established in Section 7.6,
| 8 |
| including methods of making a report under this Act.
The | 9 |
| Department may, in cooperation with appropriate members of the | 10 |
| clergy,
distribute appropriate materials in churches, | 11 |
| synagogues, temples, mosques, or
other religious buildings | 12 |
| listing the toll-free telephone number
established in Section | 13 |
| 7.6, including methods of making a report under this
Act.
| 14 |
| Wherever the Statewide number is posted, there shall also | 15 |
| be posted the
following notice:
| 16 |
| "Any person who knowingly transmits a false report to the | 17 |
| Department
commits the offense of disorderly conduct under | 18 |
| subsection (a)(7) of
Section 26-1 of the Criminal Code of 1961. | 19 |
| A first violation of this
subsection is a Class A misdemeanor, | 20 |
| punishable by a term of imprisonment
for up to one year, or by | 21 |
| a fine not to exceed $1,000, or by both such term
and fine. A | 22 |
| second or subsequent violation is a Class 4 felony."
| 23 |
| The report required by this Act shall include, if known, | 24 |
| the name
and address of the child and his parents or other | 25 |
| persons having his
custody; the child's age; the nature of the | 26 |
| child's condition including any
evidence of previous injuries |
|
|
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| 1 |
| or disabilities; and any other information
that the person | 2 |
| filing the report believes might be helpful in
establishing the | 3 |
| cause of such abuse or neglect and the identity of the
person | 4 |
| believed to have caused such abuse or neglect. Reports made to | 5 |
| the
central register through the State-wide, toll-free | 6 |
| telephone number shall
be immediately transmitted by the | 7 |
| Department to the appropriate Child Protective Service
Unit. | 8 |
| All such reports alleging the death of a child,
serious injury | 9 |
| to a child including, but not limited to, brain damage,
skull | 10 |
| fractures, subdural hematomas, and internal injuries, torture | 11 |
| of a
child, malnutrition of a child, and sexual abuse to a | 12 |
| child, including, but
not limited to, sexual intercourse, | 13 |
| sexual exploitation, sexual
molestation, and sexually | 14 |
| transmitted disease in a child age
12 and under, shall also be | 15 |
| immediately transmitted by the Department to the appropriate | 16 |
| local law enforcement agency. The Department shall within 24 | 17 |
| hours orally notify local law
enforcement personnel and the | 18 |
| office of the State's Attorney of the
involved county of the | 19 |
| receipt of any report alleging the death of a child,
serious | 20 |
| injury to a child including, but not limited to, brain damage,
| 21 |
| skull fractures, subdural hematomas, and, internal injuries, | 22 |
| torture of a
child, malnutrition of a child, and sexual abuse | 23 |
| to a child, including, but
not limited to, sexual intercourse, | 24 |
| sexual exploitation, sexual
molestation, and sexually | 25 |
| transmitted disease in a child age
twelve and under. All
oral | 26 |
| reports made by the Department to local law enforcement |
|
|
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| 1 |
| personnel and
the office of the State's Attorney of the | 2 |
| involved county shall be
confirmed in writing within 24
hours | 3 |
| of the oral report. All reports by
persons mandated to report | 4 |
| under this Act shall be confirmed in writing to
the appropriate | 5 |
| Child Protective Service Unit, which may be on forms
supplied | 6 |
| by the Department, within 48 hours of any initial report.
| 7 |
| Written confirmation reports from persons not required to | 8 |
| report by this
Act may be made to the appropriate Child | 9 |
| Protective Service Unit. Written
reports from persons required | 10 |
| by this Act to report shall be admissible
in evidence in any | 11 |
| judicial proceeding relating to child abuse or neglect.
Reports | 12 |
| involving known or suspected child abuse or neglect in public | 13 |
| or
private residential agencies or institutions shall be made | 14 |
| and received
in the same manner as all other reports made under | 15 |
| this Act.
| 16 |
| For purposes of this Section "child" includes an adult | 17 |
| resident as defined in this Act. | 18 |
| (Source: P.A. 95-57, eff. 8-10-07.)
| 19 |
| (325 ILCS 5/7.3) (from Ch. 23, par. 2057.3)
| 20 |
| Sec. 7.3. (a) The Department shall be the sole agency | 21 |
| responsible for receiving
and investigating reports of child | 22 |
| abuse or neglect made under this Act,
including reports of | 23 |
| adult resident abuse or neglect as defined in this Act, except | 24 |
| where investigations by other agencies may be required with
| 25 |
| respect to reports alleging the death of a child, serious |
|
|
|
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| 1 |
| injury to a child
or sexual abuse to a child made pursuant to | 2 |
| Sections 4.1 or 7 of this Act,
and except that the Department | 3 |
| may delegate the performance of the
investigation to the | 4 |
| Department of State Police, a law enforcement agency
and to | 5 |
| those private social service agencies which have been | 6 |
| designated for
this purpose by the Department prior to July 1, | 7 |
| 1980.
| 8 |
| (b) Notwithstanding any other provision of this Act, the | 9 |
| Department shall adopt rules expressly allowing law | 10 |
| enforcement personnel to investigate reports of suspected | 11 |
| child abuse or neglect concurrently with the Department, | 12 |
| without regard to whether the Department determines a report to | 13 |
| be "indicated" or "unfounded" or deems a report to be | 14 |
| "undetermined".
| 15 |
| (Source: P.A. 95-57, eff. 8-10-07.)
| 16 |
| (325 ILCS 5/7.4) (from Ch. 23, par. 2057.4)
| 17 |
| Sec. 7.4. (a) The Department shall be capable of receiving | 18 |
| reports of
suspected child abuse or neglect 24 hours a day, 7 | 19 |
| days a week. Whenever
the Department receives a report alleging | 20 |
| that a child is a
truant as defined in Section 26-2a of The | 21 |
| School Code, as now or hereafter
amended, the Department shall | 22 |
| notify the superintendent of the school
district in which the | 23 |
| child resides and the appropriate superintendent of
the | 24 |
| educational service region. The notification to the | 25 |
| appropriate
officials by the Department shall not be considered |
|
|
|
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| 1 |
| an allegation of abuse
or neglect under this Act.
| 2 |
| (a-5) Beginning January 1, 2010, the Department of Children | 3 |
| and Family Services may implement a 5-year demonstration of a | 4 |
| "differential response program" in accordance with criteria, | 5 |
| standards, and procedures prescribed by rule. The program may | 6 |
| provide that, upon receiving a report, the Department shall | 7 |
| determine whether to conduct a family assessment or an | 8 |
| investigation as appropriate to prevent or provide a remedy for | 9 |
| child abuse or neglect. | 10 |
| For purposes of this subsection (a-5), "family assessment" | 11 |
| means a comprehensive assessment of child safety, risk of | 12 |
| subsequent child maltreatment, and family strengths and needs | 13 |
| that is applied to a child maltreatment report that does not | 14 |
| allege substantial child endangerment. "Family assessment" | 15 |
| does not include a determination as to whether child | 16 |
| maltreatment occurred but does determine the need for services | 17 |
| to address the safety of family members and the risk of | 18 |
| subsequent maltreatment. | 19 |
| For purposes of this subsection (a-5), "investigation" | 20 |
| means fact-gathering related to the current safety of a child | 21 |
| and the risk of subsequent abuse or neglect that determines | 22 |
| whether a report of suspected child abuse or neglect should be | 23 |
| indicated or unfounded and whether child protective services | 24 |
| are needed. | 25 |
| Under the "differential response program" implemented | 26 |
| under this subsection (a-5), the Department: |
|
|
|
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| 1 |
| (1) Shall conduct an investigation on reports | 2 |
| involving substantial child abuse or neglect. | 3 |
| (2) Shall begin an immediate investigation if, at any | 4 |
| time when it is using a family assessment response, it | 5 |
| determines that there is reason to believe that substantial | 6 |
| child abuse or neglect or a serious threat to the child's | 7 |
| safety exists. | 8 |
| (3) May conduct a family assessment for reports that do | 9 |
| not allege substantial child endangerment. In determining | 10 |
| that a family assessment is appropriate, the Department may | 11 |
| consider issues including, but not limited to, child | 12 |
| safety, parental cooperation, and the need for an immediate | 13 |
| response. | 14 |
| (4) Shall promulgate criteria, standards, and | 15 |
| procedures that shall be applied in making this | 16 |
| determination, taking into consideration the Child | 17 |
| Endangerment Risk Assessment Protocol of the Department. | 18 |
| (5) May conduct a family assessment on a report that | 19 |
| was initially screened and assigned for an investigation. | 20 |
| In determining that a complete investigation is not | 21 |
| required, the Department must document the reason for | 22 |
| terminating the investigation and notify the local law | 23 |
| enforcement agency or the Department of State Police if the | 24 |
| local law enforcement agency or Department of State Police is | 25 |
| conducting a joint investigation. | 26 |
| Once it is determined that a "family assessment" will be |
|
|
|
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| 1 |
| implemented, the case shall not be reported to the central | 2 |
| register of abuse and neglect reports. | 3 |
| During a family assessment, the Department shall collect | 4 |
| any available and relevant information to determine child | 5 |
| safety, risk of subsequent abuse or neglect, and family | 6 |
| strengths. | 7 |
| Information collected includes, but is not limited to, when | 8 |
| relevant: information with regard to the person reporting the | 9 |
| alleged abuse or neglect, including the nature of the | 10 |
| reporter's relationship to the child and to the alleged | 11 |
| offender, and the basis of the reporter's knowledge for the | 12 |
| report; the child allegedly being abused or neglected; the | 13 |
| alleged offender; the child's caretaker; and other collateral | 14 |
| sources having relevant information related to the alleged | 15 |
| abuse or neglect. Information relevant to the assessment must | 16 |
| be asked for, and may include: | 17 |
| (A) The child's sex and age, prior reports of abuse or | 18 |
| neglect, information relating to developmental | 19 |
| functioning, credibility of the child's statement, and | 20 |
| whether the information provided under this paragraph (A) | 21 |
| is consistent with other information collected during the | 22 |
| course of the assessment or investigation. | 23 |
| (B) The alleged offender's age, a record check for | 24 |
| prior reports of abuse or neglect, and criminal charges and | 25 |
| convictions. The alleged offender may submit supporting | 26 |
| documentation relevant to the assessment. |
|
|
|
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|
| 1 |
| (C) Collateral source information regarding the | 2 |
| alleged abuse or neglect and care of the child. Collateral | 3 |
| information includes, when relevant: (i) a medical | 4 |
| examination of the child; (ii) prior medical records | 5 |
| relating to the alleged maltreatment or care of the child | 6 |
| maintained by any facility, clinic, or health care | 7 |
| professional, and an interview with the treating | 8 |
| professionals; and (iii) interviews with the child's | 9 |
| caretakers, including the child's parent, guardian, foster | 10 |
| parent, child care provider, teachers, counselors, family | 11 |
| members, relatives, and other persons who may have | 12 |
| knowledge regarding the alleged maltreatment and the care | 13 |
| of the child. | 14 |
| (D) Information on the existence of domestic abuse and | 15 |
| violence in the home of the child, and substance abuse. | 16 |
| Nothing in this subsection (a-5) precludes the Department | 17 |
| from collecting other relevant information necessary to | 18 |
| conduct the assessment or investigation. Nothing in this | 19 |
| subsection (a-5) shall be construed to allow the name or | 20 |
| identity of a reporter to be disclosed in violation of the | 21 |
| protections afforded under Section 7.19 of this Act. | 22 |
| After conducting the family assessment, the Department | 23 |
| shall determine whether services are needed to address the | 24 |
| safety of the child and other family members and the risk of | 25 |
| subsequent abuse or neglect. | 26 |
| Upon completion of the family assessment, if the Department |
|
|
|
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|
| 1 |
| concludes that no services shall be offered, then the case | 2 |
| shall be closed. If the Department concludes that services | 3 |
| shall be offered, the Department shall develop a family | 4 |
| preservation plan and offer or refer services to the family. | 5 |
| At any time during a family assessment, if the Department | 6 |
| believes there is any reason to stop the assessment and conduct | 7 |
| an investigation based on the information discovered, the | 8 |
| Department shall do so. | 9 |
| The procedures available to the Department in conducting | 10 |
| investigations under this Act shall be followed as appropriate | 11 |
| during a family assessment. | 12 |
| The Department shall arrange for an independent evaluation | 13 |
| of the "differential response program" authorized and | 14 |
| implemented under this subsection (a-5) to determine whether it | 15 |
| is meeting the goals in accordance with Section 2 of this Act. | 16 |
| The Department may adopt administrative rules necessary for the | 17 |
| execution of this Section, in accordance with Section 4 of the | 18 |
| Children and Family Services Act. | 19 |
| The demonstration conducted under this subsection (a-5) | 20 |
| shall become a permanent program on January 1, 2015, upon | 21 |
| completion of the demonstration project period.
| 22 |
| (b) (1) The following procedures shall be followed in the | 23 |
| investigation
of all reports of suspected abuse or neglect | 24 |
| of a child, except as provided
in subsection (c) of this | 25 |
| Section.
| 26 |
| (2) If, during a family assessment authorized by |
|
|
|
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|
| 1 |
| subsection (a-5) or an investigation, it appears that the | 2 |
| immediate safety or well-being of a child is
endangered, | 3 |
| that the family may flee or the child disappear, or that | 4 |
| the
facts otherwise so warrant, the Child Protective | 5 |
| Service Unit shall
commence an investigation immediately, | 6 |
| regardless of the time of day or
night. All other | 7 |
| investigations shall be commenced within 24
hours of | 8 |
| receipt of the report. Upon receipt of a report, the Child
| 9 |
| Protective Service Unit shall conduct a family assessment | 10 |
| authorized by subsection (a-5) or begin an initial | 11 |
| investigation and make an initial
determination whether | 12 |
| the report is a good faith indication of alleged
child | 13 |
| abuse or neglect.
| 14 |
| (3) Based on an initial investigation, if the Unit | 15 |
| determines the report is a good faith
indication of alleged | 16 |
| child abuse or neglect, then a formal investigation
shall | 17 |
| commence and, pursuant to Section 7.12 of this Act, may or | 18 |
| may not
result in an indicated report. The formal | 19 |
| investigation shall include:
direct contact with the | 20 |
| subject or subjects of the report as soon as
possible after | 21 |
| the report is received; an
evaluation of the environment of | 22 |
| the child named in the report and any other
children in the | 23 |
| same environment; a determination of the risk to such
| 24 |
| children if they continue to remain in the existing | 25 |
| environments, as well
as a determination of the nature, | 26 |
| extent and cause of any condition
enumerated in such |
|
|
|
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|
| 1 |
| report; the name, age and condition of other children in
| 2 |
| the environment; and an evaluation as to whether there | 3 |
| would be an
immediate and urgent necessity to remove the | 4 |
| child from the environment if
appropriate family | 5 |
| preservation services were provided. After seeing to
the | 6 |
| safety of the child or children, the Department shall
| 7 |
| forthwith notify the subjects of the report in writing, of | 8 |
| the existence
of the report and their rights existing under | 9 |
| this Act in regard to amendment
or expungement. To fulfill | 10 |
| the requirements of this Section, the Child
Protective | 11 |
| Service Unit shall have the capability of providing or | 12 |
| arranging
for comprehensive emergency services to children | 13 |
| and families at all times
of the day or night.
| 14 |
| (4) If (i) at the conclusion of the Unit's initial | 15 |
| investigation of a
report, the Unit determines the report | 16 |
| to be a good faith indication of
alleged child abuse or | 17 |
| neglect that warrants a formal investigation by
the Unit, | 18 |
| the Department, any law enforcement agency or any other
| 19 |
| responsible agency and (ii) the person who is alleged to | 20 |
| have caused the
abuse or neglect is employed or otherwise | 21 |
| engaged in an activity resulting
in frequent contact with | 22 |
| children and the alleged abuse or neglect are in
the course | 23 |
| of such employment or activity, then the Department shall,
| 24 |
| except in investigations where the Director determines | 25 |
| that such
notification would be detrimental to the | 26 |
| Department's investigation, inform
the appropriate |
|
|
|
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| supervisor or administrator of that employment or activity
| 2 |
| that the Unit has commenced a formal investigation pursuant | 3 |
| to this Act,
which may or may not result in an indicated | 4 |
| report. The Department shall also
notify the person being | 5 |
| investigated, unless the Director determines that
such | 6 |
| notification would be detrimental to the Department's | 7 |
| investigation.
| 8 |
| (c) In an investigation of a report of suspected abuse or | 9 |
| neglect of
a child by a school employee at a school or on | 10 |
| school grounds, the
Department shall make reasonable efforts to | 11 |
| follow the following procedures:
| 12 |
| (1) Investigations involving teachers shall not, to | 13 |
| the extent possible,
be conducted when the teacher is | 14 |
| scheduled to conduct classes.
Investigations involving | 15 |
| other school employees shall be conducted so as to
minimize | 16 |
| disruption of the school day. The school employee accused | 17 |
| of
child abuse or neglect may have his superior, his | 18 |
| association or union
representative and his attorney | 19 |
| present at any interview or meeting at
which the teacher or | 20 |
| administrator is present. The accused school employee
| 21 |
| shall be informed by a representative of the Department, at | 22 |
| any
interview or meeting, of the accused school employee's | 23 |
| due process rights
and of the steps in the investigation | 24 |
| process.
The information shall include, but need not | 25 |
| necessarily be limited to the
right, subject to the | 26 |
| approval of the Department, of the school employee to
|
|
|
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| confront the accuser, if the accuser is 14 years of age or | 2 |
| older, or the
right to review the specific allegations | 3 |
| which gave rise to the
investigation, and the right to | 4 |
| review all materials and evidence that have
been submitted | 5 |
| to the Department in support of the allegation. These due
| 6 |
| process rights shall also include the right of the school | 7 |
| employee to
present countervailing evidence regarding the | 8 |
| accusations.
| 9 |
| (2) If a report of neglect or abuse of a child by a | 10 |
| teacher or
administrator does not involve allegations of | 11 |
| sexual abuse or extreme
physical abuse, the Child | 12 |
| Protective Service Unit shall make reasonable
efforts to | 13 |
| conduct the initial investigation in coordination with the
| 14 |
| employee's supervisor.
| 15 |
| If the Unit determines that the report is a good faith | 16 |
| indication of
potential child abuse or neglect, it shall | 17 |
| then commence a formal
investigation under paragraph (3) of | 18 |
| subsection (b) of this Section.
| 19 |
| (3) If a report of neglect or abuse of a child by a | 20 |
| teacher or
administrator involves an allegation of sexual | 21 |
| abuse or extreme physical
abuse, the Child Protective Unit | 22 |
| shall commence an investigation under
paragraph (2) of | 23 |
| subsection (b) of this Section.
| 24 |
| (c-5) In any instance in which a report is made or caused | 25 |
| to made by a school district employee involving the conduct of | 26 |
| a person employed by the school district, at the time the |
|
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| report was made, as required under Section 4 of this Act, the | 2 |
| Child Protective Service Unit shall send a copy of its final | 3 |
| finding report to the general superintendent of that school | 4 |
| district.
| 5 |
| (d) If the Department has contact with an employer, or with | 6 |
| a religious
institution or religious official having | 7 |
| supervisory or hierarchical authority
over a member of the | 8 |
| clergy accused of the abuse of a child,
in the course of its
| 9 |
| investigation, the Department shall notify the employer or the | 10 |
| religious
institution or religious official, in writing, when a
| 11 |
| report is unfounded so that any record of the investigation can | 12 |
| be expunged
from the employee's or member of the clergy's | 13 |
| personnel or other
records. The Department shall also notify
| 14 |
| the employee or the member of the clergy, in writing, that | 15 |
| notification
has been sent to the employer or to the | 16 |
| appropriate religious institution or
religious official
| 17 |
| informing the employer or religious institution or religious | 18 |
| official that
the
Department's investigation has resulted in
an | 19 |
| unfounded report.
| 20 |
| (e) Upon request by the Department, the
Department of State | 21 |
| Police and law enforcement agencies are
authorized to provide | 22 |
| criminal history record information
as defined in the Illinois | 23 |
| Uniform Conviction Information Act and information
maintained | 24 |
| in
the adjudicatory and dispositional record system as defined | 25 |
| in Section
2605-355 of the Department of State Police Law (20 | 26 |
| ILCS
2605/2605-355) to properly
designated
employees of the
|
|
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| 1 |
| Department of Children
and Family Services if the Department | 2 |
| determines the information is
necessary to perform its duties | 3 |
| under the Abused and
Neglected Child Reporting Act, the Child | 4 |
| Care Act of 1969, and the Children and
Family Services Act. The
| 5 |
| request shall be in the form and manner required
by
the | 6 |
| Department of State Police. Any information obtained by the | 7 |
| Department of
Children
and Family Services under this Section | 8 |
| is
confidential and may not be transmitted outside the | 9 |
| Department of Children
and Family Services other than to a | 10 |
| court of competent jurisdiction or unless
otherwise authorized | 11 |
| by law.
Any employee of the Department of Children and Family | 12 |
| Services who transmits
confidential information in
violation | 13 |
| of this
Section or causes the information to be
transmitted in | 14 |
| violation of this Section is guilty of a Class A
misdemeanor | 15 |
| unless the transmittal of
the
information is
authorized by this | 16 |
| Section or otherwise authorized by law.
| 17 |
| (f) For purposes of this Section "child abuse or neglect" | 18 |
| includes abuse or neglect of an adult resident as defined in | 19 |
| this Act. | 20 |
| (Source: P.A. 95-908, eff. 8-26-08; 96-760, eff. 1-1-10.)
| 21 |
| (325 ILCS 5/7.7) (from Ch. 23, par. 2057.7)
| 22 |
| Sec. 7.7. There shall be a central register of all cases of | 23 |
| suspected
child abuse or neglect reported and maintained by the | 24 |
| Department under this
Act. Through the recording of initial, | 25 |
| preliminary, and final
reports, the central register shall be |
|
|
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| 1 |
| operated in such a manner as to enable
the Department to: (1) | 2 |
| immediately identify and locate prior reports of
child abuse or | 3 |
| neglect; (2) continuously monitor the current status
of all | 4 |
| reports of child abuse or neglect being provided services under | 5 |
| this
Act; and (3) regularly evaluate the effectiveness of | 6 |
| existing laws and programs
through the development and analysis | 7 |
| of statistical and other information.
| 8 |
| The Department shall maintain in the central register a | 9 |
| listing of unfounded
reports where the subject of the unfounded | 10 |
| report requests that the record
not be expunged because the | 11 |
| subject alleges an intentional false report
was made. Such a | 12 |
| request must be made by the subject in writing to the
| 13 |
| Department, within 10 days of the investigation.
| 14 |
| The Department shall also maintain in the central register | 15 |
| a listing of
unfounded reports where the report was classified | 16 |
| as a priority one or priority
two report in accordance with the | 17 |
| Department's rules or the report was made by
a person mandated | 18 |
| to report suspected abuse or neglect under this Act.
| 19 |
| The Department shall maintain in the central register for 3 | 20 |
| years a listing
of unfounded reports involving the death of a | 21 |
| child, the sexual abuse of a
child, or serious physical injury | 22 |
| to a child as defined by the Department in
rules.
| 23 |
| For purposes of this Section "child abuse or neglect" | 24 |
| includes abuse or neglect of an adult resident as defined in | 25 |
| this Act. | 26 |
| (Source: P.A. 90-15, eff. 6-13-97.)
|
|
|
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| 1 |
| (325 ILCS 5/7.10) (from Ch. 23, par. 2057.10)
| 2 |
| Sec. 7.10.
Upon the receipt of each oral report made under | 3 |
| this Act, the
Child Protective Service Unit shall immediately | 4 |
| transmit a copy thereof
to the state central register of child | 5 |
| abuse and neglect. A preliminary
report from a Child Protective | 6 |
| Service Unit shall be made at the time of
the first of any | 7 |
| 30-day extensions made pursuant to Section 7.12 and shall
| 8 |
| describe the status of the related investigation up to that | 9 |
| time, including
an evaluation of the present family situation | 10 |
| and danger to the child or
children, corrections or up-dating | 11 |
| of the initial report, and actions taken
or contemplated.
| 12 |
| For purposes of this Section "child" includes an adult | 13 |
| resident as defined in this Act. | 14 |
| (Source: P.A. 86-904.)
| 15 |
| (325 ILCS 5/7.14) (from Ch. 23, par. 2057.14)
| 16 |
| Sec. 7.14. All reports in the central register shall be | 17 |
| classified in one
of three categories: "indicated", | 18 |
| "unfounded" or "undetermined", as the
case may be. After the | 19 |
| report is classified, the person making the
classification | 20 |
| shall determine whether the child named in the
report is the | 21 |
| subject of an action under Article II of the Juvenile Court
Act | 22 |
| of 1987. If the child is the subject of an action under Article | 23 |
| II of the
Juvenile Court Act, the Department shall transmit a | 24 |
| copy of the report to
the guardian ad litem appointed for the |
|
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| 1 |
| child under Section 2-17 of the
Juvenile Court Act. All | 2 |
| information identifying the subjects of an unfounded
report | 3 |
| shall be expunged from the register
forthwith, except as | 4 |
| provided in Section 7.7.
Unfounded reports may only be made | 5 |
| available to the Child
Protective Service Unit when | 6 |
| investigating a subsequent report of suspected
abuse or | 7 |
| maltreatment involving a child named in the unfounded report; | 8 |
| and to
the subject of the report, provided that the subject | 9 |
| requests the report within
60 days of being notified that the | 10 |
| report was unfounded. The Child Protective
Service Unit shall | 11 |
| not indicate the subsequent report solely based upon the
| 12 |
| existence of the prior unfounded report or reports. | 13 |
| Notwithstanding any other
provision of law to the contrary, an | 14 |
| unfounded report shall not be admissible
in any judicial or | 15 |
| administrative proceeding or action.
Identifying information | 16 |
| on all other records shall be
removed from the register no | 17 |
| later than 5 years after the report is indicated.
However, if | 18 |
| another report is received involving the same child, his | 19 |
| sibling
or offspring, or a child in the care of the persons | 20 |
| responsible for the
child's welfare, or involving the same | 21 |
| alleged offender, the
identifying
information may be | 22 |
| maintained in the register
until 5 years after the subsequent | 23 |
| case or report is closed.
| 24 |
| Notwithstanding any other provision of this Section, | 25 |
| identifying
information in indicated reports involving serious | 26 |
| physical injury to a child as defined by the
Department in |
|
|
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| 1 |
| rules, may be retained longer than 5 years after the report
is | 2 |
| indicated or after the subsequent case or report is closed, and | 3 |
| may not
be removed from the register except as provided by the | 4 |
| Department in rules. Identifying information in indicated | 5 |
| reports involving sexual penetration of a child, sexual | 6 |
| molestation of a child, sexual exploitation of a child, torture | 7 |
| of a child, or the death of a child, as defined by the | 8 |
| Department in rules, shall be retained for a period of not less | 9 |
| than 50 years after the report is indicated or after the | 10 |
| subsequent case or report is closed.
| 11 |
| For purposes of this Section "child" includes an adult | 12 |
| resident as defined in this Act. | 13 |
| (Source: P.A. 94-160, eff. 7-11-05.)
| 14 |
| (325 ILCS 5/8.1) (from Ch. 23, par. 2058.1)
| 15 |
| Sec. 8.1.
If the Child Protective Service Unit determines | 16 |
| after
investigating a report that there is no credible evidence | 17 |
| that a child is
abused or neglected, it shall deem the report | 18 |
| to be an unfounded report.
However, if it appears that the | 19 |
| child or family could benefit from other
social services, the | 20 |
| local service may suggest such services, including
services | 21 |
| under Section 8.2, for the family's voluntary acceptance or | 22 |
| refusal.
If the family declines such services, the Department | 23 |
| shall take appropriate
action in keeping with the best interest | 24 |
| of the child, including referring a
member of the child's | 25 |
| family to a facility licensed by the Department of
Human |
|
|
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| 1 |
| Services or the Department of
Public Health. For purposes of | 2 |
| this Section "child" includes an adult resident as defined in | 3 |
| this Act.
| 4 |
| (Source: P.A. 88-85; 88-487; 88-670, eff. 12-2-94; 89-507, eff. | 5 |
| 7-1-97.)
| 6 |
| (325 ILCS 5/8.5) (from Ch. 23, par. 2058.5)
| 7 |
| Sec. 8.5.
The Child Protective Service Unit shall maintain | 8 |
| a local child
abuse and neglect index of all cases reported | 9 |
| under this Act which will
enable it to determine the location | 10 |
| of case records and to monitor the timely
and proper | 11 |
| investigation and disposition of cases. The index shall include
| 12 |
| the information contained in the initial, progress, and final | 13 |
| reports required
under this Act, and any other appropriate | 14 |
| information. For purposes of this Section "child abuse and | 15 |
| neglect" includes abuse or neglect of an adult resident as | 16 |
| defined in this Act.
| 17 |
| (Source: P.A. 81-1077.)
| 18 |
| (325 ILCS 5/9) (from Ch. 23, par. 2059)
| 19 |
| Sec. 9. Any person, institution or agency, under this Act, | 20 |
| participating
in good faith in the making of a report or | 21 |
| referral, or in the investigation of
such a report or referral | 22 |
| or in the taking of photographs and x-rays
or in the retaining | 23 |
| a child in temporary protective custody or in making a
| 24 |
| disclosure of information concerning reports of child abuse and |
|
|
|
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|
| 1 |
| neglect in
compliance with Sections 4.2 and 11.1 of this Act or | 2 |
| Section 4 of this Act, as it relates to disclosure by school | 3 |
| personnel and except in cases of wilful or wanton misconduct,
| 4 |
| shall have immunity
from any liability, civil,
criminal or that | 5 |
| otherwise might result by reason of such actions. For
the | 6 |
| purpose of any proceedings,
civil or criminal, the good faith | 7 |
| of any persons required to report or refer,
or permitted to | 8 |
| report,
cases of suspected child abuse or neglect or permitted | 9 |
| to refer
individuals under this Act or required to disclose | 10 |
| information concerning
reports of child abuse and neglect in | 11 |
| compliance with Sections 4.2 and 11.1
of this Act, shall be | 12 |
| presumed. For purposes of this Section "child abuse and | 13 |
| neglect" includes abuse or neglect of an adult resident as | 14 |
| defined in this Act.
| 15 |
| (Source: P.A. 95-908, eff. 8-26-08.)
| 16 |
| (325 ILCS 5/9.1) (from Ch. 23, par. 2059.1)
| 17 |
| Sec. 9.1. Employer discrimination. No employer shall | 18 |
| discharge,
demote or suspend, or threaten to discharge, demote | 19 |
| or suspend, or in any
manner discriminate against any employee | 20 |
| who makes any good faith oral or
written report of suspected | 21 |
| child abuse or neglect, or who is or will be a
witness or | 22 |
| testify in any investigation or proceeding concerning a report
| 23 |
| of suspected child abuse or neglect. For purposes of this | 24 |
| Section "child abuse or neglect" includes abuse or neglect of | 25 |
| an adult resident as defined in this Act.
|
|
|
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|
| 1 |
| (Source: P.A. 86-904.)
| 2 |
| (325 ILCS 5/11) (from Ch. 23, par. 2061)
| 3 |
| Sec. 11.
All records concerning reports
of child abuse and | 4 |
| neglect
or records concerning referrals under this Act
and
all | 5 |
| records generated as a result of such reports or referrals, | 6 |
| shall be
confidential
and shall not be disclosed except as | 7 |
| specifically authorized by this Act
or other applicable law. It | 8 |
| is a Class A misdemeanor to permit, assist,
or encourage the | 9 |
| unauthorized release of any information contained in such
| 10 |
| reports, referrals or records.
| 11 |
| Nothing contained in this Section prevents the sharing or | 12 |
| disclosure of
records relating or pertaining to the death of a | 13 |
| minor under the care of or
receiving services from the | 14 |
| Department of Children and Family Services and
under the | 15 |
| jurisdiction of the juvenile court with the juvenile court, the
| 16 |
| State's Attorney, and the minor's attorney. For purposes of | 17 |
| this Section "child abuse and neglect" includes abuse or | 18 |
| neglect of an adult resident as defined in this Act.
| 19 |
| (Source: P.A. 90-15, eff. 6-13-97.)
| 20 |
| Section 95. No acceleration or delay. Where this Act makes | 21 |
| changes in a statute that is represented in this Act by text | 22 |
| that is not yet or no longer in effect (for example, a Section | 23 |
| represented by multiple versions), the use of that text does | 24 |
| not accelerate or delay the taking effect of (i) the changes |
|
|
|
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|
| 1 |
| made by this Act or (ii) provisions derived from any other | 2 |
| Public Act. | 3 |
| Section 99. Effective date. This Act takes effect upon | 4 |
| becoming law.".
|
|