Illinois General Assembly - Full Text of SB0700
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Full Text of SB0700  102nd General Assembly


Sen. Rachelle Crowe

Filed: 3/26/2021





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2    AMENDMENT NO. ______. Amend Senate Bill 700 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Adult Protective Services Act is amended
5by changing Sections 4, 4.1, 4.2, 5, and 8 as follows:
6    (320 ILCS 20/4)  (from Ch. 23, par. 6604)
7    Sec. 4. Reports of abuse or neglect.
8    (a) Any person who suspects the abuse, neglect, financial
9exploitation, or self-neglect of an eligible adult may report
10this suspicion or information about the suspicious death of an
11eligible adult to an agency designated to receive such reports
12under this Act or to the Department.
13    (a-5) If any mandated reporter has reason to believe that
14an eligible adult, who because of a disability or other
15condition or impairment is unable to seek assistance for
16himself or herself, has, within the previous 12 months, been



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1subjected to abuse, neglect, or financial exploitation, the
2mandated reporter shall, within 24 hours after developing such
3belief, report this suspicion to an agency designated to
4receive such reports under this Act or to the Department. The
5agency designated to receive such reports under this Act or
6the Department may establish a manner in which a mandated
7reporter can make the required report through an Internet
8reporting tool. Information sent and received through the
9Internet reporting tool is subject to the same rules in this
10Act as other types of confidential reporting established by
11the designated agency or the Department. Whenever a mandated
12reporter is required to report under this Act in his or her
13capacity as a member of the staff of a medical or other public
14or private institution, facility, or agency, he or she shall
15make a report to an agency designated to receive such reports
16under this Act or to the Department in accordance with the
17provisions of this Act and may also notify the person in charge
18of the institution, facility, or agency or his or her
19designated agent that the report has been made. Under no
20circumstances shall any person in charge of such institution,
21facility, or agency, or his or her designated agent to whom the
22notification has been made, exercise any control, restraint,
23modification, or other change in the report or the forwarding
24of the report to an agency designated to receive such reports
25under this Act or to the Department. The privileged quality of
26communication between any professional person required to



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1report and his or her patient or client shall not apply to
2situations involving abused, neglected, or financially
3exploited eligible adults and shall not constitute grounds for
4failure to report as required by this Act.
5    (a-6) If a mandated reporter has reason to believe that
6the death of an eligible adult may be the result of abuse or
7neglect, the matter shall be reported to an agency designated
8to receive such reports under this Act or to the Department for
9subsequent referral to the appropriate law enforcement agency
10and the coroner or medical examiner in accordance with
11subsection (c-5) of Section 3 of this Act.
12    (a-7) A person making a report under this Act in the belief
13that it is in the alleged victim's best interest shall be
14immune from criminal or civil liability or professional
15disciplinary action on account of making the report,
16notwithstanding any requirements concerning the
17confidentiality of information with respect to such eligible
18adult which might otherwise be applicable.
19    (a-9) Law enforcement officers shall continue to report
20incidents of alleged abuse pursuant to the Illinois Domestic
21Violence Act of 1986, notwithstanding any requirements under
22this Act.
23    (b) Any person, institution or agency participating in the
24making of a report, providing information or records related
25to a report, assessment, or services, or participating in the
26investigation of a report under this Act in good faith, or



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1taking photographs or x-rays as a result of an authorized
2assessment, shall have immunity from any civil, criminal or
3other liability in any civil, criminal or other proceeding
4brought in consequence of making such report or assessment or
5on account of submitting or otherwise disclosing such
6photographs or x-rays to any agency designated to receive
7reports of alleged or suspected abuse or neglect. Any person,
8institution or agency authorized by the Department to provide
9assessment, intervention, or administrative services under
10this Act shall, in the good faith performance of those
11services, have immunity from any civil, criminal or other
12liability in any civil, criminal, or other proceeding brought
13as a consequence of the performance of those services. For the
14purposes of any civil, criminal, or other proceeding, the good
15faith of any person required to report, permitted to report,
16or participating in an investigation of a report of alleged or
17suspected abuse, neglect, financial exploitation, or
18self-neglect shall be presumed.
19    (c) The identity of a person making a report of alleged or
20suspected abuse, neglect, financial exploitation, or
21self-neglect or a report concerning information about the
22suspicious death of an eligible adult under this Act may be
23disclosed by the Department or other agency provided for in
24this Act only with such person's written consent or by court
25order, but is otherwise confidential.
26    (d) The Department shall by rule establish a system for



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1filing and compiling reports made under this Act.
2    (e) Any physician who willfully fails to report as
3required by this Act shall be referred to the Illinois State
4Medical Disciplinary Board for action in accordance with
5subdivision (A)(22) of Section 22 of the Medical Practice Act
6of 1987. Any dentist or dental hygienist who willfully fails
7to report as required by this Act shall be referred to the
8Department of Professional Regulation for action in accordance
9with paragraph 19 of Section 23 of the Illinois Dental
10Practice Act. Any optometrist who willfully fails to report as
11required by this Act shall be referred to the Department of
12Financial and Professional Regulation for action in accordance
13with paragraph (15) of subsection (a) of Section 24 of the
14Illinois Optometric Practice Act of 1987. Any other mandated
15reporter required by this Act to report suspected abuse,
16neglect, or financial exploitation who willfully fails to
17report the same is guilty of a Class A misdemeanor.
18(Source: P.A. 97-860, eff. 7-30-12; 98-49, eff. 7-1-13;
1998-1039, eff. 8-25-14.)
20    (320 ILCS 20/4.1)
21    Sec. 4.1. Employer discrimination. No employer shall
22discharge, demote or suspend, or threaten to discharge, demote
23or suspend, or in any manner discriminate against any
24employee: (i) who makes any good faith oral or written report
25of suspected abuse, neglect, or financial exploitation; (ii)



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1who makes any good faith oral or written report concerning
2information about the suspicious death of an eligible adult;
3or (iii) who is or will be a witness or testify in any
4investigation or proceeding concerning a report of suspected
5abuse, neglect, or financial exploitation.
6(Source: P.A. 98-49, eff. 7-1-13.)
7    (320 ILCS 20/4.2)
8    Sec. 4.2. Testimony by mandated reporter and investigator.
9Any mandated reporter who makes a report or any person who
10investigates a report under this Act shall testify fully in
11any judicial proceeding resulting from such report, as to any
12evidence of abuse, neglect, or financial exploitation or the
13cause thereof. Any mandated reporter who is required to report
14a suspected case of or a suspicious death due to abuse,
15neglect, or financial exploitation under Section 4 of this Act
16shall testify fully in any administrative hearing resulting
17from such report, as to any evidence of abuse, neglect, or
18financial exploitation or the cause thereof. No evidence shall
19be excluded by reason of any common law or statutory privilege
20relating to communications between the alleged abuser or the
21eligible adult subject of the report under this Act and the
22person making or investigating the report.
23(Source: P.A. 90-628, eff. 1-1-99.)
24    (320 ILCS 20/5)  (from Ch. 23, par. 6605)



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1    Sec. 5. Procedure.
2    (a) A provider agency designated to receive reports of
3alleged or suspected abuse, neglect, financial exploitation,
4or self-neglect under this Act shall, upon receiving such a
5report, conduct a face-to-face assessment with respect to such
6report, in accord with established law and Department
7protocols, procedures, and policies. Face-to-face assessments,
8casework, and follow-up of reports of self-neglect by the
9provider agencies designated to receive reports of
10self-neglect shall be subject to sufficient appropriation for
11statewide implementation of assessments, casework, and
12follow-up of reports of self-neglect. In the absence of
13sufficient appropriation for statewide implementation of
14assessments, casework, and follow-up of reports of
15self-neglect, the designated adult protective services
16provider agency shall refer all reports of self-neglect to the
17appropriate agency or agencies as designated by the Department
18for any follow-up. The assessment shall include, but not be
19limited to, a visit to the residence of the eligible adult who
20is the subject of the report and shall include interviews or
21consultations regarding the allegations with service agencies,
22immediate family members, and individuals who may have
23knowledge of the eligible adult's circumstances based on the
24consent of the eligible adult in all instances, except where
25the provider agency is acting in the best interest of an
26eligible adult who is unable to seek assistance for himself or



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1herself and where there are allegations against a caregiver
2who has assumed responsibilities in exchange for compensation.
3If, after the assessment, the provider agency determines that
4the case is substantiated it shall develop a service care plan
5for the eligible adult and may report its findings at any time
6during the case to the appropriate law enforcement agency in
7accord with established law and Department protocols,
8procedures, and policies. In developing a case plan, the
9provider agency may consult with any other appropriate
10provider of services, and such providers shall be immune from
11civil or criminal liability on account of such acts. The plan
12shall include alternative suggested or recommended services
13which are appropriate to the needs of the eligible adult and
14which involve the least restriction of the eligible adult's
15activities commensurate with his or her needs. Only those
16services to which consent is provided in accordance with
17Section 9 of this Act shall be provided, contingent upon the
18availability of such services.
19    (b) A provider agency shall refer evidence of crimes
20against an eligible adult to the appropriate law enforcement
21agency according to Department policies. A referral to law
22enforcement may be made at intake, at or any time during the
23case, or after a report of a suspicious death, depending upon
24the circumstances. Where a provider agency has reason to
25believe the death of an eligible adult may be the result of
26abuse or neglect, the agency shall immediately report the



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1matter to the coroner or medical examiner and shall cooperate
2fully with any subsequent investigation.
3    (c) If any person other than the alleged victim refuses to
4allow the provider agency to begin an investigation,
5interferes with the provider agency's ability to conduct an
6investigation, or refuses to give access to an eligible adult,
7the appropriate law enforcement agency must be consulted
8regarding the investigation.
9(Source: P.A. 101-496, eff. 1-1-20.)
10    (320 ILCS 20/8)  (from Ch. 23, par. 6608)
11    Sec. 8. Access to records. All records concerning reports
12of abuse, neglect, financial exploitation, or self-neglect or
13reports of suspicious deaths due to abuse, neglect, financial
14exploitation, or self-neglect and all records generated as a
15result of such reports shall be confidential and shall not be
16disclosed except as specifically authorized by this Act or
17other applicable law. In accord with established law and
18Department protocols, procedures, and policies, access to such
19records, but not access to the identity of the person or
20persons making a report of alleged abuse, neglect, financial
21exploitation, or self-neglect as contained in such records,
22shall be provided, upon request, to the following persons and
23for the following persons:
24        (1) Department staff, provider agency staff, other
25    aging network staff, and regional administrative agency



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1    staff, including staff of the Chicago Department on Aging
2    while that agency is designated as a regional
3    administrative agency, in the furtherance of their
4    responsibilities under this Act;
5        (1.5) A representative of the public guardian acting
6    in the course of investigating the appropriateness of
7    guardianship for the eligible adult or while pursuing a
8    petition for guardianship of the eligible adult pursuant
9    to the Probate Act of 1975;
10        (2) A law enforcement agency or State's Attorney's
11    office investigating known or suspected abuse, neglect,
12    financial exploitation, or self-neglect. Where a provider
13    agency has reason to believe that the death of an eligible
14    adult may be the result of abuse or neglect, including any
15    reports made after death, the agency shall immediately
16    provide the appropriate law enforcement agency with all
17    records pertaining to the eligible adult;
18        (2.5) A law enforcement agency, fire department
19    agency, or fire protection district having proper
20    jurisdiction pursuant to a written agreement between a
21    provider agency and the law enforcement agency, fire
22    department agency, or fire protection district under which
23    the provider agency may furnish to the law enforcement
24    agency, fire department agency, or fire protection
25    district a list of all eligible adults who may be at
26    imminent risk of abuse, neglect, financial exploitation,



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1    or self-neglect;
2        (3) A physician who has before him or her or who is
3    involved in the treatment of an eligible adult whom he or
4    she reasonably suspects may be abused, neglected,
5    financially exploited, or self-neglected or who has been
6    referred to the Adult Protective Services Program;
7        (4) An eligible adult reported to be abused,
8    neglected, financially exploited, or self-neglected, or
9    such adult's authorized guardian or agent, unless such
10    guardian or agent is the abuser or the alleged abuser;
11        (4.5) An executor or administrator of the estate of an
12    eligible adult who is deceased;
13        (5) In cases regarding abuse, neglect, or financial
14    exploitation, a court or a guardian ad litem, upon its or
15    his or her finding that access to such records may be
16    necessary for the determination of an issue before the
17    court. However, such access shall be limited to an in
18    camera inspection of the records, unless the court
19    determines that disclosure of the information contained
20    therein is necessary for the resolution of an issue then
21    pending before it;
22        (5.5) In cases regarding self-neglect, a guardian ad
23    litem;
24        (6) A grand jury, upon its determination that access
25    to such records is necessary in the conduct of its
26    official business;



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1        (7) Any person authorized by the Director, in writing,
2    for audit or bona fide research purposes;
3        (8) A coroner or medical examiner who has reason to
4    believe that an eligible adult has died as the result of
5    abuse, neglect, financial exploitation, or self-neglect.
6    The provider agency shall immediately provide the coroner
7    or medical examiner with all records pertaining to the
8    eligible adult;
9        (8.5) A coroner or medical examiner having proper
10    jurisdiction, pursuant to a written agreement between a
11    provider agency and the coroner or medical examiner, under
12    which the provider agency may furnish to the office of the
13    coroner or medical examiner a list of all eligible adults
14    who may be at imminent risk of death as a result of abuse,
15    neglect, financial exploitation, or self-neglect;
16        (9) Department of Financial and Professional
17    Regulation staff and members of the Illinois Medical
18    Disciplinary Board or the Social Work Examining and
19    Disciplinary Board in the course of investigating alleged
20    violations of the Clinical Social Work and Social Work
21    Practice Act by provider agency staff or other licensing
22    bodies at the discretion of the Director of the Department
23    on Aging;
24        (9-a) Department of Healthcare and Family Services
25    staff and provider agency staff when that Department is
26    funding services to the eligible adult, including access



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1    to the identity of the eligible adult;
2        (9-b) Department of Human Services staff and provider
3    agency staff when that Department is funding services to
4    the eligible adult or is providing reimbursement for
5    services provided by the abuser or alleged abuser,
6    including access to the identity of the eligible adult;
7        (10) Hearing officers in the course of conducting an
8    administrative hearing under this Act; parties to such
9    hearing shall be entitled to discovery as established by
10    rule;
11        (11) A caregiver who challenges placement on the
12    Registry shall be given the statement of allegations in
13    the abuse report and the substantiation decision in the
14    final investigative report; and
15        (12) The Illinois Guardianship and Advocacy Commission
16    and the agency designated by the Governor under Section 1
17    of the Protection and Advocacy for Persons with
18    Developmental Disabilities Act shall have access, through
19    the Department, to records, including the findings,
20    pertaining to a completed or closed investigation of a
21    report of suspected abuse, neglect, financial
22    exploitation, or self-neglect of an eligible adult.
23(Source: P.A. 98-49, eff. 7-1-13; 98-1039, eff. 8-25-14;
2499-143, eff. 7-27-15; 99-287, eff. 1-1-16; 99-547, eff.
257-15-16; 99-642, eff. 7-28-16.)



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1    Section 99. Effective date. This Act takes effect January
21, 2022.".