Illinois General Assembly - Full Text of SB2799
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Full Text of SB2799  103rd General Assembly


Sen. Laura Fine

Filed: 3/8/2024





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2    AMENDMENT NO. ______. Amend Senate Bill 2799 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Opening Meetings Act is amended by
5changing Sections 1.02 and 2 as follows:
6    (5 ILCS 120/1.02)  (from Ch. 102, par. 41.02)
7    Sec. 1.02. For the purposes of this Act:
8    "Meeting" means any gathering, whether in person or by
9video or audio conference, telephone call, electronic means
10(such as, without limitation, electronic mail, electronic
11chat, and instant messaging), or other means of
12contemporaneous interactive communication, of a majority of a
13quorum of the members of a public body held for the purpose of
14discussing public business or, for a 5-member public body, a
15quorum of the members of a public body held for the purpose of
16discussing public business.



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1    Accordingly, for a 5-member public body, 3 members of the
2body constitute a quorum and the affirmative vote of 3 members
3is necessary to adopt any motion, resolution, or ordinance,
4unless a greater number is otherwise required.
5    "Public body" includes all legislative, executive,
6administrative or advisory bodies of the State, counties,
7townships, cities, villages, incorporated towns, school
8districts and all other municipal corporations, boards,
9bureaus, committees or commissions of this State, and any
10subsidiary bodies of any of the foregoing including but not
11limited to committees and subcommittees which are supported in
12whole or in part by tax revenue, or which expend tax revenue,
13except the General Assembly and committees or commissions
14thereof. "Public body" includes tourism boards and convention
15or civic center boards located in counties that are contiguous
16to the Mississippi River with populations of more than 250,000
17but less than 300,000. "Public body" includes the Health
18Facilities and Services Review Board. "Public body" does not
19include a child death review team or the Illinois Child Death
20Review Teams Executive Council established under the Child
21Death Review Team Act, an ethics commission acting under the
22State Officials and Employees Ethics Act, a regional youth
23advisory board or the Statewide Youth Advisory Board
24established under the Department of Children and Family
25Services Statewide Youth Advisory Board Act, or the Illinois
26Independent Tax Tribunal, or the regional interagency fatality



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1review teams and the Illinois Fatality Review Team Advisory
2Council established under the Adult Protective Services Act.
3(Source: P.A. 97-1129, eff. 8-28-12; 98-806, eff. 1-1-15.)
4    (5 ILCS 120/2)  (from Ch. 102, par. 42)
5    Sec. 2. Open meetings.
6    (a) Openness required. All meetings of public bodies shall
7be open to the public unless excepted in subsection (c) and
8closed in accordance with Section 2a.
9    (b) Construction of exceptions. The exceptions contained
10in subsection (c) are in derogation of the requirement that
11public bodies meet in the open, and therefore, the exceptions
12are to be strictly construed, extending only to subjects
13clearly within their scope. The exceptions authorize but do
14not require the holding of a closed meeting to discuss a
15subject included within an enumerated exception.
16    (c) Exceptions. A public body may hold closed meetings to
17consider the following subjects:
18        (1) The appointment, employment, compensation,
19    discipline, performance, or dismissal of specific
20    employees, specific individuals who serve as independent
21    contractors in a park, recreational, or educational
22    setting, or specific volunteers of the public body or
23    legal counsel for the public body, including hearing
24    testimony on a complaint lodged against an employee, a
25    specific individual who serves as an independent



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1    contractor in a park, recreational, or educational
2    setting, or a volunteer of the public body or against
3    legal counsel for the public body to determine its
4    validity. However, a meeting to consider an increase in
5    compensation to a specific employee of a public body that
6    is subject to the Local Government Wage Increase
7    Transparency Act may not be closed and shall be open to the
8    public and posted and held in accordance with this Act.
9        (2) Collective negotiating matters between the public
10    body and its employees or their representatives, or
11    deliberations concerning salary schedules for one or more
12    classes of employees.
13        (3) The selection of a person to fill a public office,
14    as defined in this Act, including a vacancy in a public
15    office, when the public body is given power to appoint
16    under law or ordinance, or the discipline, performance or
17    removal of the occupant of a public office, when the
18    public body is given power to remove the occupant under
19    law or ordinance.
20        (4) Evidence or testimony presented in open hearing,
21    or in closed hearing where specifically authorized by law,
22    to a quasi-adjudicative body, as defined in this Act,
23    provided that the body prepares and makes available for
24    public inspection a written decision setting forth its
25    determinative reasoning.
26        (4.5) Evidence or testimony presented to a school



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1    board regarding denial of admission to school events or
2    property pursuant to Section 24-24 of the School Code,
3    provided that the school board prepares and makes
4    available for public inspection a written decision setting
5    forth its determinative reasoning.
6        (5) The purchase or lease of real property for the use
7    of the public body, including meetings held for the
8    purpose of discussing whether a particular parcel should
9    be acquired.
10        (6) The setting of a price for sale or lease of
11    property owned by the public body.
12        (7) The sale or purchase of securities, investments,
13    or investment contracts. This exception shall not apply to
14    the investment of assets or income of funds deposited into
15    the Illinois Prepaid Tuition Trust Fund.
16        (8) Security procedures, school building safety and
17    security, and the use of personnel and equipment to
18    respond to an actual, a threatened, or a reasonably
19    potential danger to the safety of employees, students,
20    staff, the public, or public property.
21        (9) Student disciplinary cases.
22        (10) The placement of individual students in special
23    education programs and other matters relating to
24    individual students.
25        (11) Litigation, when an action against, affecting or
26    on behalf of the particular public body has been filed and



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1    is pending before a court or administrative tribunal, or
2    when the public body finds that an action is probable or
3    imminent, in which case the basis for the finding shall be
4    recorded and entered into the minutes of the closed
5    meeting.
6        (12) The establishment of reserves or settlement of
7    claims as provided in the Local Governmental and
8    Governmental Employees Tort Immunity Act, if otherwise the
9    disposition of a claim or potential claim might be
10    prejudiced, or the review or discussion of claims, loss or
11    risk management information, records, data, advice or
12    communications from or with respect to any insurer of the
13    public body or any intergovernmental risk management
14    association or self insurance pool of which the public
15    body is a member.
16        (13) Conciliation of complaints of discrimination in
17    the sale or rental of housing, when closed meetings are
18    authorized by the law or ordinance prescribing fair
19    housing practices and creating a commission or
20    administrative agency for their enforcement.
21        (14) Informant sources, the hiring or assignment of
22    undercover personnel or equipment, or ongoing, prior or
23    future criminal investigations, when discussed by a public
24    body with criminal investigatory responsibilities.
25        (15) Professional ethics or performance when
26    considered by an advisory body appointed to advise a



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1    licensing or regulatory agency on matters germane to the
2    advisory body's field of competence.
3        (16) Self evaluation, practices and procedures or
4    professional ethics, when meeting with a representative of
5    a statewide association of which the public body is a
6    member.
7        (17) The recruitment, credentialing, discipline or
8    formal peer review of physicians or other health care
9    professionals, or for the discussion of matters protected
10    under the federal Patient Safety and Quality Improvement
11    Act of 2005, and the regulations promulgated thereunder,
12    including 42 C.F.R. Part 3 (73 FR 70732), or the federal
13    Health Insurance Portability and Accountability Act of
14    1996, and the regulations promulgated thereunder,
15    including 45 C.F.R. Parts 160, 162, and 164, by a
16    hospital, or other institution providing medical care,
17    that is operated by the public body.
18        (18) Deliberations for decisions of the Prisoner
19    Review Board.
20        (19) Review or discussion of applications received
21    under the Experimental Organ Transplantation Procedures
22    Act.
23        (20) The classification and discussion of matters
24    classified as confidential or continued confidential by
25    the State Government Suggestion Award Board.
26        (21) Discussion of minutes of meetings lawfully closed



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1    under this Act, whether for purposes of approval by the
2    body of the minutes or semi-annual review of the minutes
3    as mandated by Section 2.06.
4        (22) Deliberations for decisions of the State
5    Emergency Medical Services Disciplinary Review Board.
6        (23) The operation by a municipality of a municipal
7    utility or the operation of a municipal power agency or
8    municipal natural gas agency when the discussion involves
9    (i) contracts relating to the purchase, sale, or delivery
10    of electricity or natural gas or (ii) the results or
11    conclusions of load forecast studies.
12        (24) Meetings of a residential health care facility
13    resident sexual assault and death review team or the
14    Executive Council under the Abuse Prevention Review Team
15    Act.
16        (25) Meetings of an independent team of experts under
17    Brian's Law.
18        (26) Meetings of a mortality review team appointed
19    under the Department of Juvenile Justice Mortality Review
20    Team Act.
21        (27) (Blank).
22        (28) Correspondence and records (i) that may not be
23    disclosed under Section 11-9 of the Illinois Public Aid
24    Code or (ii) that pertain to appeals under Section 11-8 of
25    the Illinois Public Aid Code.
26        (29) Meetings between internal or external auditors



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1    and governmental audit committees, finance committees, and
2    their equivalents, when the discussion involves internal
3    control weaknesses, identification of potential fraud risk
4    areas, known or suspected frauds, and fraud interviews
5    conducted in accordance with generally accepted auditing
6    standards of the United States of America.
7        (30) (Blank). Those meetings or portions of meetings
8    of a fatality review team or the Illinois Fatality Review
9    Team Advisory Council during which a review of the death
10    of an eligible adult in which abuse or neglect is
11    suspected, alleged, or substantiated is conducted pursuant
12    to Section 15 of the Adult Protective Services Act.
13        (31) Meetings and deliberations for decisions of the
14    Concealed Carry Licensing Review Board under the Firearm
15    Concealed Carry Act.
16        (32) Meetings between the Regional Transportation
17    Authority Board and its Service Boards when the discussion
18    involves review by the Regional Transportation Authority
19    Board of employment contracts under Section 28d of the
20    Metropolitan Transit Authority Act and Sections 3A.18 and
21    3B.26 of the Regional Transportation Authority Act.
22        (33) Those meetings or portions of meetings of the
23    advisory committee and peer review subcommittee created
24    under Section 320 of the Illinois Controlled Substances
25    Act during which specific controlled substance prescriber,
26    dispenser, or patient information is discussed.



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1        (34) Meetings of the Tax Increment Financing Reform
2    Task Force under Section 2505-800 of the Department of
3    Revenue Law of the Civil Administrative Code of Illinois.
4        (35) Meetings of the group established to discuss
5    Medicaid capitation rates under Section 5-30.8 of the
6    Illinois Public Aid Code.
7        (36) Those deliberations or portions of deliberations
8    for decisions of the Illinois Gaming Board in which there
9    is discussed any of the following: (i) personal,
10    commercial, financial, or other information obtained from
11    any source that is privileged, proprietary, confidential,
12    or a trade secret; or (ii) information specifically
13    exempted from the disclosure by federal or State law.
14        (37) Deliberations for decisions of the Illinois Law
15    Enforcement Training Standards Board, the Certification
16    Review Panel, and the Illinois State Police Merit Board
17    regarding certification and decertification.
18        (38) Meetings of the Ad Hoc Statewide Domestic
19    Violence Fatality Review Committee of the Illinois
20    Criminal Justice Information Authority Board that occur in
21    closed executive session under subsection (d) of Section
22    35 of the Domestic Violence Fatality Review Act.
23        (39) Meetings of the regional review teams under
24    subsection (a) of Section 75 of the Domestic Violence
25    Fatality Review Act.
26        (40) Meetings of the Firearm Owner's Identification



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1    Card Review Board under Section 10 of the Firearm Owners
2    Identification Card Act.
3    (d) Definitions. For purposes of this Section:
4    "Employee" means a person employed by a public body whose
5relationship with the public body constitutes an
6employer-employee relationship under the usual common law
7rules, and who is not an independent contractor.
8    "Public office" means a position created by or under the
9Constitution or laws of this State, the occupant of which is
10charged with the exercise of some portion of the sovereign
11power of this State. The term "public office" shall include
12members of the public body, but it shall not include
13organizational positions filled by members thereof, whether
14established by law or by a public body itself, that exist to
15assist the body in the conduct of its business.
16    "Quasi-adjudicative body" means an administrative body
17charged by law or ordinance with the responsibility to conduct
18hearings, receive evidence or testimony and make
19determinations based thereon, but does not include local
20electoral boards when such bodies are considering petition
22    (e) Final action. No final action may be taken at a closed
23meeting. Final action shall be preceded by a public recital of
24the nature of the matter being considered and other
25information that will inform the public of the business being



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1(Source: P.A. 102-237, eff. 1-1-22; 102-520, eff. 8-20-21;
2102-558, eff. 8-20-21; 102-813, eff. 5-13-22; 103-311, eff.
4    Section 10. The Adult Protective Services Act is amended
5by changing Sections 2, 3, 3.1, 3.5, 4, 5, 6, 7, 7.1, 9, and 15
6and by adding Section 5.1 as follows:
7    (320 ILCS 20/2)  (from Ch. 23, par. 6602)
8    Sec. 2. Definitions. As used in this Act, unless the
9context requires otherwise:
10    (a) "Abandonment" means the desertion or willful forsaking
11of an eligible adult by an individual responsible for the care
12and custody of that eligible adult under circumstances in
13which a reasonable person would continue to provide care and
14custody. Nothing in this Act shall be construed to mean that an
15eligible adult is a victim of abandonment because of health
16care services provided or not provided by licensed health care
18    (a-1) "Abuse" means causing any physical, mental or sexual
19injury to an eligible adult, including exploitation of such
20adult's financial resources, and abandonment or subjecting an
21eligible adult to an environment which creates a likelihood of
22harm to the eligible adult's health, physical and emotional
23well-being, or welfare.
24    Nothing in this Act shall be construed to mean that an



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1eligible adult is a victim of abuse, abandonment, neglect, or
2self-neglect for the sole reason that he or she is being
3furnished with or relies upon treatment by spiritual means
4through prayer alone, in accordance with the tenets and
5practices of a recognized church or religious denomination.
6    Nothing in this Act shall be construed to mean that an
7eligible adult is a victim of abuse because of health care
8services provided or not provided by licensed health care
10    Nothing in this Act shall be construed to mean that an
11eligible adult is a victim of abuse in cases of criminal
12activity by strangers, telemarketing scams, consumer fraud,
13internet fraud, home repair disputes, complaints against a
14homeowners' association, or complaints between landlords and
16    (a-5) "Abuser" means a person who is a family member,
17caregiver, or another person who has a continuing relationship
18with the eligible adult and abuses, abandons, neglects, or
19financially exploits an eligible adult.
20    (a-6) "Adult with disabilities" means a person aged 18
21through 59 who resides in a domestic living situation and
22whose disability as defined in subsection (c-5) impairs his or
23her ability to seek or obtain protection from abuse,
24abandonment, neglect, or exploitation.
25    (a-7) "Caregiver" means a person who either as a result of
26a family relationship, voluntarily, or in exchange for



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1compensation has assumed responsibility for all or a portion
2of the care of an eligible adult who needs assistance with
3activities of daily living or instrumental activities of daily
5    (b) "Department" means the Department on Aging of the
6State of Illinois.
7    (c) "Director" means the Director of the Department.
8    (c-5) "Disability" means a physical or mental disability,
9including, but not limited to, a developmental disability, an
10intellectual disability, a mental illness as defined under the
11Mental Health and Developmental Disabilities Code, or dementia
12as defined under the Alzheimer's Disease Assistance Act.
13    (d) "Domestic living situation" means a residence where
14the eligible adult at the time of the report lives alone or
15with his or her family or a caregiver, or others, or other
16community-based unlicensed facility, but is not:
17        (1) A licensed facility as defined in Section 1-113 of
18    the Nursing Home Care Act;
19        (1.5) A facility licensed under the ID/DD Community
20    Care Act;
21        (1.6) A facility licensed under the MC/DD Act;
22        (1.7) A facility licensed under the Specialized Mental
23    Health Rehabilitation Act of 2013;
24        (2) A "life care facility" as defined in the Life Care
25    Facilities Act;
26        (3) A home, institution, or other place operated by



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1    the federal government or agency thereof or by the State
2    of Illinois;
3        (4) A hospital, sanitarium, or other institution, the
4    principal activity or business of which is the diagnosis,
5    care, and treatment of human illness through the
6    maintenance and operation of organized facilities
7    therefor, which is required to be licensed under the
8    Hospital Licensing Act;
9        (5) A "community living facility" as defined in the
10    Community Living Facilities Licensing Act;
11        (6) (Blank);
12        (7) A "community-integrated living arrangement" as
13    defined in the Community-Integrated Living Arrangements
14    Licensure and Certification Act or a "community
15    residential alternative" as licensed under that Act;
16        (8) An assisted living or shared housing establishment
17    as defined in the Assisted Living and Shared Housing Act;
18    or
19        (9) A supportive living facility as described in
20    Section 5-5.01a of the Illinois Public Aid Code.
21    (e) "Eligible adult" means either an adult with
22disabilities aged 18 through 59 or a person aged 60 or older
23who resides in a domestic living situation and is, or is
24alleged to be, abused, abandoned, neglected, or financially
25exploited by another individual or who neglects himself or
26herself. "Eligible adult" also includes an adult who resides



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1in any of the facilities that are excluded from the definition
2of "domestic living situation" under paragraphs (1) through
3(9) of subsection (d), if either: (i) the alleged abuse,
4abandonment, or neglect occurs outside of the facility and not
5under facility supervision and the alleged abuser is a family
6member, caregiver, or another person who has a continuing
7relationship with the adult; or (ii) the alleged financial
8exploitation is perpetrated by a family member, caregiver, or
9another person who has a continuing relationship with the
10adult, but who is not an employee of the facility where the
11adult resides.
12    (f) "Emergency" means a situation in which an eligible
13adult is living in conditions presenting a risk of death or
14physical, mental or sexual injury and the provider agency has
15reason to believe the eligible adult is unable to consent to
16services which would alleviate that risk.
17    (f-1) "Financial exploitation" means the use of an
18eligible adult's resources by another to the disadvantage of
19that adult or the profit or advantage of a person other than
20that adult.
21    (f-3) "Investment advisor" means any person required to
22register as an investment adviser or investment adviser
23representative under Section 8 of the Illinois Securities Law
24of 1953, which for purposes of this Act excludes any bank,
25trust company, savings bank, or credit union, or their
26respective employees.



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1    (f-5) "Mandated reporter" means any of the following
2persons while engaged in carrying out their professional
4        (1) a professional or professional's delegate while
5    engaged in: (i) social services, (ii) law enforcement,
6    (iii) education, (iv) the care of an eligible adult or
7    eligible adults, or (v) any of the occupations required to
8    be licensed under the Behavior Analyst Licensing Act, the
9    Clinical Psychologist Licensing Act, the Clinical Social
10    Work and Social Work Practice Act, the Illinois Dental
11    Practice Act, the Dietitian Nutritionist Practice Act, the
12    Marriage and Family Therapy Licensing Act, the Medical
13    Practice Act of 1987, the Naprapathic Practice Act, the
14    Nurse Practice Act, the Nursing Home Administrators
15    Licensing and Disciplinary Act, the Illinois Occupational
16    Therapy Practice Act, the Illinois Optometric Practice Act
17    of 1987, the Pharmacy Practice Act, the Illinois Physical
18    Therapy Act, the Physician Assistant Practice Act of 1987,
19    the Podiatric Medical Practice Act of 1987, the
20    Respiratory Care Practice Act, the Professional Counselor
21    and Clinical Professional Counselor Licensing and Practice
22    Act, the Illinois Speech-Language Pathology and Audiology
23    Practice Act, the Veterinary Medicine and Surgery Practice
24    Act of 2004, and the Illinois Public Accounting Act;
25        (1.5) an employee of an entity providing developmental
26    disabilities services or service coordination funded by



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1    the Department of Human Services;
2        (2) an employee of a vocational rehabilitation
3    facility prescribed or supervised by the Department of
4    Human Services;
5        (3) an administrator, employee, or person providing
6    services in or through an unlicensed community based
7    facility;
8        (4) any religious practitioner who provides treatment
9    by prayer or spiritual means alone in accordance with the
10    tenets and practices of a recognized church or religious
11    denomination, except as to information received in any
12    confession or sacred communication enjoined by the
13    discipline of the religious denomination to be held
14    confidential;
15        (5) field personnel of the Department of Healthcare
16    and Family Services, Department of Public Health, and
17    Department of Human Services, and any county or municipal
18    health department;
19        (6) personnel of the Department of Human Services, the
20    Guardianship and Advocacy Commission, the State Fire
21    Marshal, local fire departments, the Department on Aging
22    and its subsidiary Area Agencies on Aging and provider
23    agencies, except the State Long Term Care Ombudsman and
24    any of his or her representatives or volunteers where
25    prohibited from making such a report pursuant to 45 CFR
26    1324.11(e)(3)(iv);



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1        (7) any employee of the State of Illinois not
2    otherwise specified herein who is involved in providing
3    services to eligible adults, including professionals
4    providing medical or rehabilitation services and all other
5    persons having direct contact with eligible adults;
6        (8) a person who performs the duties of a coroner or
7    medical examiner;
8        (9) a person who performs the duties of a paramedic or
9    an emergency medical technician; or
10        (10) a person who performs the duties of an investment
11    advisor.
12    (g) "Neglect" means another individual's failure to
13provide an eligible adult with or willful withholding from an
14eligible adult the necessities of life including, but not
15limited to, food, clothing, shelter or health care. This
16subsection does not create any new affirmative duty to provide
17support to eligible adults. Nothing in this Act shall be
18construed to mean that an eligible adult is a victim of neglect
19because of health care services provided or not provided by
20licensed health care professionals.
21    (h) "Provider agency" means any public or nonprofit agency
22in a planning and service area that is selected by the
23Department or appointed by the regional administrative agency
24with prior approval by the Department on Aging to receive and
25assess reports of alleged or suspected abuse, abandonment,
26neglect, or financial exploitation. A provider agency is also



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1referenced as a "designated agency" in this Act.
2    (i) "Regional administrative agency" means any public or
3nonprofit agency in a planning and service area that provides
4regional oversight and performs functions as set forth in
5subsection (b) of Section 3 of this Act. The Department shall
6designate an Area Agency on Aging as the regional
7administrative agency or, in the event the Area Agency on
8Aging in that planning and service area is deemed by the
9Department to be unwilling or unable to provide those
10functions, the Department may serve as the regional
11administrative agency or designate another qualified entity to
12serve as the regional administrative agency; any such
13designation shall be subject to terms set forth by the
15    (i-5) "Self-neglect" means a condition that is the result
16of an eligible adult's inability, due to physical or mental
17impairments, or both, or a diminished capacity, to perform
18essential self-care tasks that substantially threaten his or
19her own health, including: providing essential food, clothing,
20shelter, and health care; and obtaining goods and services
21necessary to maintain physical health, mental health,
22emotional well-being, and general safety. The term includes
23compulsive hoarding, which is characterized by the acquisition
24and retention of large quantities of items and materials that
25produce an extensively cluttered living space, which
26significantly impairs the performance of essential self-care



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1tasks or otherwise substantially threatens life or safety.
2    (j) "Substantiated case" means a reported case of alleged
3or suspected abuse, abandonment, neglect, financial
4exploitation, or self-neglect in which a provider agency,
5after assessment, determines that there is reason to believe
6abuse, abandonment, neglect, or financial exploitation has
8    (k) "Verified" means a determination that there is "clear
9and convincing evidence" that the specific injury or harm
10alleged was the result of abuse, abandonment, neglect, or
11financial exploitation.
12(Source: P.A. 102-244, eff. 1-1-22; 102-953, eff. 5-27-22;
13103-329, eff. 1-1-24.)
14    (320 ILCS 20/3)  (from Ch. 23, par. 6603)
15    Sec. 3. Responsibilities.
16    (a) The Department shall establish, design, and manage a
17protective services program for eligible adults who have been,
18or are alleged to be, victims of abuse, abandonment, neglect,
19financial exploitation, or self-neglect. The Department may
20develop policies and procedures to effectively administer all
21aspects of the program defined in this Act. The Department
22shall contract with or fund, or contract with and fund,
23regional administrative agencies, provider agencies, or both,
24for the provision of those functions, and, contingent on
25adequate funding, with attorneys or legal services provider



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1agencies for the provision of legal assistance pursuant to
2this Act. Contingent upon adequate funding, the Department, at
3its discretion, may provide funding for legal assistance for
4eligible adults. For self-neglect, the program shall include
5the following services for eligible adults who have been
6removed from their residences for the purpose of cleanup or
7repairs: temporary housing; counseling; and caseworker
8services to try to ensure that the conditions necessitating
9the removal do not reoccur.
10    (a-1) The Department shall by rule develop standards for
11minimum staffing levels and staff qualifications. The
12Department shall by rule establish mandatory standards for the
13investigation of abuse, abandonment, neglect, and financial
14exploitation, or self-neglect of eligible adults and mandatory
15procedures for linking eligible adults to appropriate services
16and supports. For self-neglect, the Department may by rule
17establish mandatory standards for the provision of emergent
18casework and follow-up services to mitigate the risk of harm
19or death to the eligible adult.
20    (a-5) A provider agency shall, in accordance with rules
21promulgated by the Department, establish a multi-disciplinary
22team to act in an advisory role for the purpose of providing
23professional knowledge and expertise in the handling of
24complex abuse cases involving eligible adults. Each
25multi-disciplinary team shall consist of one volunteer
26representative from the following professions: banking or



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1finance; disability care; health care; law; law enforcement;
2mental health care; and clergy. A provider agency may also
3choose to add representatives from the fields of substance
4abuse, domestic violence, sexual assault, or other related
5fields. To support multi-disciplinary teams in this role, law
6enforcement agencies and coroners or medical examiners shall
7supply records as may be requested in particular cases.
8Multi-disciplinary teams shall meet no less than 4 times
10    (b) Each regional administrative agency shall designate
11provider agencies within its planning and service area with
12prior approval by the Department on Aging, monitor the use of
13services, provide technical assistance to the provider
14agencies and be involved in program development activities.
15    (c) Provider agencies shall assist, to the extent
16possible, eligible adults who need agency services to allow
17them to continue to function independently. Such assistance
18shall include, but not be limited to, receiving reports of
19alleged or suspected abuse, abandonment, neglect, financial
20exploitation, or self-neglect, conducting face-to-face
21assessments of such reported cases, determination of
22substantiated cases, referral of substantiated cases for
23necessary support services, referral of criminal conduct to
24law enforcement in accordance with Department guidelines, and
25provision of case work and follow-up services on substantiated
26cases. In the case of a report of alleged or suspected abuse,



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1abandonment, or neglect that places an eligible adult at risk
2of injury or death, a provider agency shall respond to the
3report on an emergency basis in accordance with guidelines
4established by the Department by administrative rule and shall
5ensure that it is capable of responding to such a report 24
6hours per day, 7 days per week. A provider agency may use an
7on-call system to respond to reports of alleged or suspected
8abuse, abandonment, or neglect after hours and on weekends.
9    (c-5) Where a provider agency has reason to believe that
10the death of an eligible adult may be the result of abuse,
11abandonment, or neglect, including any reports made after
12death, the agency shall immediately report the matter to both
13the appropriate law enforcement agency and the coroner or
14medical examiner. Between 30 and 45 days after making such a
15report, the provider agency again shall contact the law
16enforcement agency and coroner or medical examiner to
17determine whether any further action was taken. Upon request
18by a provider agency, a law enforcement agency and coroner or
19medical examiner shall supply a summary of its action in
20response to a reported death of an eligible adult. A copy of
21the report shall be maintained and all subsequent follow-up
22with the law enforcement agency and coroner or medical
23examiner shall be documented in the case record of the
24eligible adult. If the law enforcement agency, coroner, or
25medical examiner determines the reported death was caused by
26abuse, abandonment, or neglect by a caregiver, the law



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1enforcement agency, coroner, or medical examiner shall inform
2the Department, and the Department shall report the
3caregiver's identity on the Registry as described in Section
47.5 of this Act.
5    (d) (Blank). Upon sufficient appropriations to implement a
6statewide program, the Department shall implement a program,
7based on the recommendations of the Self-Neglect Steering
8Committee, for (i) responding to reports of possible
9self-neglect, (ii) protecting the autonomy, rights, privacy,
10and privileges of adults during investigations of possible
11self-neglect and consequential judicial proceedings regarding
12competency, (iii) collecting and sharing relevant information
13and data among the Department, provider agencies, regional
14administrative agencies, and relevant seniors, (iv) developing
15working agreements between provider agencies and law
16enforcement, where practicable, and (v) developing procedures
17for collecting data regarding incidents of self-neglect.
18(Source: P.A. 102-244, eff. 1-1-22.)
19    (320 ILCS 20/3.1)
20    Sec. 3.1. Adult protective services dementia training.
21    (a) This Section shall apply to any person who is employed
22by the Department in the Adult Protective Services division,
23or is contracted with the Department, and works on the
24development or implementation of social services to respond to
25and prevent adult abuse, neglect, or exploitation.



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1    (b) The Department shall implement a dementia training
2program that must include instruction on the identification of
3people with dementia, risks such as wandering, communication
4impairments, and elder abuse, and the best practices for
5interacting with people with dementia.
6    (c) Training of at least 2 hours shall be completed at the
7start of employment with the Adult Protective Services
8division. Persons who are employees of the Adult Protective
9Services division on the effective date of this amendatory Act
10of the 102nd General Assembly shall complete this training
11within 6 months after the effective date of this amendatory
12Act of the 102nd General Assembly. The training shall cover
13the following subjects:
14        (1) Alzheimer's disease and dementia.
15        (2) Safety risks.
16        (3) Communication and behavior.
17    (d) Annual continuing education shall include at least 2
18hours of dementia training covering the subjects described in
19subsection (c).
20    (e) This Section is designed to address gaps in current
21dementia training requirements for Adult Protective Services
22officials and improve the quality of training. If laws or
23rules existing on the effective date of this amendatory Act of
24the 102nd General Assembly contain more rigorous training
25requirements for Adult Protective Service officials, those
26laws or rules shall apply. Where there is overlap between this



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1Section and other laws and rules, the Department shall
2interpret this Section to avoid duplication of requirements
3while ensuring that the minimum requirements set in this
4Section are met.
5    (f) The Department may adopt rules for the administration
6of this Section.
7(Source: P.A. 102-4, eff. 4-27-21.)
8    (320 ILCS 20/3.5)
9    Sec. 3.5. Other responsibilities. The Department shall
10also be responsible for the following activities, contingent
11upon adequate funding; implementation shall be expanded to
12adults with disabilities upon the effective date of this
13amendatory Act of the 98th General Assembly, except those
14responsibilities under subsection (a), which shall be
15undertaken as soon as practicable:
16        (a) promotion of a wide range of endeavors for the
17    purpose of preventing abuse, abandonment, neglect,
18    financial exploitation, and self-neglect, including, but
19    not limited to, promotion of public and professional
20    education to increase awareness of abuse, abandonment,
21    neglect, financial exploitation, and self-neglect; to
22    increase reports; to establish access to and use of the
23    Registry established under Section 7.5; and to improve
24    response by various legal, financial, social, and health
25    systems;



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1        (b) coordination of efforts with other agencies,
2    councils, and like entities, to include but not be limited
3    to, the Administrative Office of the Illinois Courts, the
4    Office of the Attorney General, the Illinois State Police,
5    the Illinois Law Enforcement Training Standards Board, the
6    State Triad, the Illinois Criminal Justice Information
7    Authority, the Departments of Public Health, Healthcare
8    and Family Services, and Human Services, the Illinois
9    Guardianship and Advocacy Commission, the Family Violence
10    Coordinating Council, the Illinois Violence Prevention
11    Authority, and other entities which may impact awareness
12    of, and response to, abuse, abandonment, neglect,
13    financial exploitation, and self-neglect;
14        (c) collection and analysis of data;
15        (d) monitoring of the performance of regional
16    administrative agencies and adult protective services
17    agencies;
18        (e) promotion of prevention activities;
19        (f) establishing and coordinating an aggressive
20    training program on the unique nature of adult abuse cases
21    with other agencies, councils, and like entities, to
22    include but not be limited to the Office of the Attorney
23    General, the Illinois State Police, the Illinois Law
24    Enforcement Training Standards Board, the State Triad, the
25    Illinois Criminal Justice Information Authority, the State
26    Departments of Public Health, Healthcare and Family



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1    Services, and Human Services, the Family Violence
2    Coordinating Council, the Illinois Violence Prevention
3    Authority, the agency designated by the Governor under
4    Section 1 of the Protection and Advocacy for Persons with
5    Developmental Disabilities Act, and other entities that
6    may impact awareness of and response to abuse,
7    abandonment, neglect, financial exploitation, and
8    self-neglect;
9        (g) solicitation of financial institutions for the
10    purpose of making information available to the general
11    public warning of financial exploitation of adults and
12    related financial fraud or abuse, including such
13    information and warnings available through signage or
14    other written materials provided by the Department on the
15    premises of such financial institutions, provided that the
16    manner of displaying or distributing such information is
17    subject to the sole discretion of each financial
18    institution; and
19        (g-1) developing by joint rulemaking with the
20    Department of Financial and Professional Regulation
21    minimum training standards which shall be used by
22    financial institutions for their current and new employees
23    with direct customer contact; the Department of Financial
24    and Professional Regulation shall retain sole visitation
25    and enforcement authority under this subsection (g-1); the
26    Department of Financial and Professional Regulation shall



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1    provide bi-annual reports to the Department setting forth
2    aggregate statistics on the training programs required
3    under this subsection (g-1). ; and
4        (h) coordinating efforts with utility and electric
5    companies to send notices in utility bills to explain to
6    persons 60 years of age or older their rights regarding
7    telemarketing and home repair fraud.
8(Source: P.A. 102-244, eff. 1-1-22; 102-538, eff. 8-20-21;
9102-813, eff. 5-13-22.)
10    (320 ILCS 20/4)  (from Ch. 23, par. 6604)
11    Sec. 4. Reports of abuse, abandonment, or neglect.
12    (a) Any person who suspects the abuse, abandonment,
13neglect, financial exploitation, or self-neglect of an
14eligible adult may report this suspicion or information about
15the suspicious death of an eligible adult to an agency
16designated to receive such reports under this Act or to the
18    (a-5) If any mandated reporter has reason to believe that
19an eligible adult, who because of a disability or other
20condition or impairment is unable to seek assistance for
21himself or herself, has, within the previous 12 months, been
22subjected to abuse, abandonment, neglect, or financial
23exploitation, the mandated reporter shall, within 24 hours
24after developing such belief, report this suspicion to an
25agency designated to receive such reports under this Act or to



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1the Department. The agency designated to receive such reports
2under this Act or the Department may establish a manner in
3which a mandated reporter can make the required report through
4an Internet reporting tool. Information sent and received
5through the Internet reporting tool is subject to the same
6rules in this Act as other types of confidential reporting
7established by the designated agency or the Department.
8Whenever a mandated reporter is required to report under this
9Act in his or her capacity as a member of the staff of a
10medical or other public or private institution, facility, or
11agency, he or she shall make a report to an agency designated
12to receive such reports under this Act or to the Department in
13accordance with the provisions of this Act and may also notify
14the person in charge of the institution, facility, or agency
15or his or her designated agent that the report has been made.
16Under no circumstances shall any person in charge of such
17institution, facility, or agency, or his or her designated
18agent to whom the notification has been made, exercise any
19control, restraint, modification, or other change in the
20report or the forwarding of the report to an agency designated
21to receive such reports under this Act or to the Department.
22The privileged quality of communication between any
23professional person required to report and his or her patient
24or client shall not apply to situations involving abused,
25abandoned, neglected, or financially exploited eligible adults
26and shall not constitute grounds for failure to report as



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1required by this Act.
2    (a-6) If a mandated reporter has reason to believe that
3the death of an eligible adult may be the result of abuse or
4neglect, the matter shall be reported to an agency designated
5to receive such reports under this Act or to the Department for
6subsequent referral to the appropriate law enforcement agency
7and the coroner or medical examiner in accordance with
8subsection (c-5) of Section 3 of this Act.
9    (a-7) A person making a report under this Act in the belief
10that it is in the alleged victim's best interest shall be
11immune from criminal or civil liability or professional
12disciplinary action on account of making the report,
13notwithstanding any requirements concerning the
14confidentiality of information with respect to such eligible
15adult which might otherwise be applicable.
16    (a-9) Law enforcement officers shall continue to report
17incidents of alleged abuse pursuant to the Illinois Domestic
18Violence Act of 1986, notwithstanding any requirements under
19this Act.
20    (b) Any person, institution or agency participating in the
21making of a report, providing information or records related
22to a report, assessment, or services, or participating in the
23investigation of a report under this Act in good faith, or
24taking photographs or x-rays as a result of an authorized
25assessment, shall have immunity from any civil, criminal or
26other liability in any civil, criminal or other proceeding



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



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1required by this Act shall be referred to the Illinois State
2Medical Disciplinary Board for action in accordance with
3subdivision (A)(22) of Section 22 of the Medical Practice Act
4of 1987. Any dentist or dental hygienist who willfully fails
5to report as required by this Act shall be referred to the
6Department of Financial and Professional Regulation for
7possible disciplinary action in accordance with paragraph 19
8of Section 23 of the Illinois Dental Practice Act. Any
9optometrist who willfully fails to report as required by this
10Act shall be referred to the Department of Financial and
11Professional Regulation for action in accordance with
12paragraph (15) of subsection (a) of Section 24 of the Illinois
13Optometric Practice Act of 1987. Any other mandated reporter
14required by this Act to report suspected abuse, abandonment,
15neglect, or financial exploitation who willfully fails to
16report the same is guilty of a Class A misdemeanor.
17(Source: P.A. 102-244, eff. 1-1-22; 103-329, eff. 1-1-24.)
18    (320 ILCS 20/5)  (from Ch. 23, par. 6605)
19    Sec. 5. Procedure.
20    (a) A provider agency, upon receiving a report of alleged
21or suspected abuse, abandonment, neglect, or financial
22exploitation, shall conduct a face-to-face assessment with
23respect to such report, in accordance with established law and
24Department protocols, procedures, and policies. A provider
25agency that receives a report of self-neglect shall follow the



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1procedures set forth in Section 5.1 designated to receive
2reports of alleged or suspected abuse, abandonment, neglect,
3financial exploitation, or self-neglect under this Act shall,
4upon receiving such a report, conduct a face-to-face
5assessment with respect to such report, in accord with
6established law and Department protocols, procedures, and
7policies. Face-to-face assessments, casework, and follow-up of
8reports of self-neglect by the provider agencies designated to
9receive reports of self-neglect shall be subject to sufficient
10appropriation for statewide implementation of assessments,
11casework, and follow-up of reports of self-neglect. In the
12absence of sufficient appropriation for statewide
13implementation of assessments, casework, and follow-up of
14reports of self-neglect, the designated adult protective
15services provider agency shall refer all reports of
16self-neglect to the appropriate agency or agencies as
17designated by the Department for any follow-up.
18    (b) The assessment shall include, but not be limited to, a
19visit to the residence of the eligible adult who is the subject
20of the report and shall include interviews or consultations
21regarding the allegations with service agencies, immediate
22family members, and individuals who may have knowledge of the
23eligible adult's circumstances based on the consent of the
24eligible adult in all instances, except where the provider
25agency is acting in the best interest of an eligible adult who
26is unable to seek assistance for himself or herself and where



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1there are allegations against a caregiver who has assumed
2responsibilities in exchange for compensation. If, after the
3assessment, the provider agency determines that the case is
4substantiated it shall develop a service care plan for the
5eligible adult and may report its findings at any time during
6the case to the appropriate law enforcement agency in accord
7with established law and Department protocols, procedures, and
8policies. In developing a case plan, the provider agency may
9consult with any other appropriate provider of services, and
10such providers shall be immune from civil or criminal
11liability on account of such acts. The plan shall include
12alternative suggested or recommended services which are
13appropriate to the needs of the eligible adult and which
14involve 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    (c) (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 any time during the case,
23or after a report of a suspicious death, depending upon the
24circumstances. Where a provider agency has reason to believe
25the death of an eligible adult may be the result of abuse,
26abandonment, or neglect, the agency shall immediately report



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1the matter to the coroner or medical examiner and shall
2cooperate fully with any subsequent investigation.
3    (d) (c) If any person other than the alleged victim
4refuses to allow the provider agency to begin an
5investigation, interferes with the provider agency's ability
6to conduct an investigation, or refuses to give access to an
7eligible adult, the appropriate law enforcement agency must be
8consulted regarding the investigation.
9(Source: P.A. 102-244, eff. 1-1-22; 103-329, eff. 1-1-24.)
10    (320 ILCS 20/5.1 new)
11    Sec. 5.1. Procedure for self-neglect.
12    (a) A provider agency, upon receiving a report of
13self-neglect, shall conduct no less than 2 unannounced
14face-to-face visits at the residence of the eligible adult to
15administer, upon consent, the eligibility screening. The
16eligibility screening is intended to quickly determine if the
17eligible adult is posing a substantial threat to themselves or
18others. A full assessment phase shall not be completed for
19self-neglect cases, and with individual consent, verified
20self-neglect cases shall immediately enter the casework phase
21to begin service referrals to mitigate risk unless
22self-neglect occurs concurrently with another reported abuse
23type (abuse, neglect, or exploitation), a full assessment
24shall occur.
25    (b) The eligibility screening shall include, but is not



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1limited to:
2        (1) an interview with the eligible adult;
3        (2) with eligible adult consent, interviews or
4    consultations regarding the allegations with immediate
5    family members, and other individuals who may have
6    knowledge of the eligible adult's circumstances; and
7        (3) an inquiry of active service providers engaged
8    with the eligible adult who are providing services that
9    are mitigating the risk identified on the intake. These
10    services providers may be, but are not limited to:
11            (i) Managed care organizations.
12            (ii) Case coordination units.
13            (iii) The Department of Human Services' Division
14        of Rehabilitation Services.
15            (iv) The Department of Human Services' Division of
16        Developmental Disabilities.
17            (v) The Department of Human Services' Division of
18        Mental Health.
19    (c) During the visit, a provider agency shall obtain the
20consent of the eligible adult before initiating the
21eligibility screening. If the eligible adult cannot consent
22and no surrogate decision maker is established, and where the
23provider agency is acting in the best interest of an eligible
24adult who is unable to seek assistance for themselves, the
25provider agency shall conduct the eligibility screening as
26described in subsection (b).



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1    (d) When the eligibility screening indicates that the
2individual is experiencing self-neglect, the provider agency
3shall within 10 business days and with client consent, develop
4an initial case plan.
5    (e) In developing a case plan, the provider agency shall
6consult with any other appropriate provider of services to
7ensure no duplications of services. Such providers shall be
8immune from civil or criminal liability on account of such
9acts except for intentional, willful, or wanton misconduct.
10    (f) The case plan shall be client directed and include
11recommended services which are appropriate to the needs and
12wishes of the individual, and which involve the least
13restriction of the individual's activities commensurate with
14the individual's needs.
15    (g) Only those services to which consent is provided in
16accordance with Section 9 of this Act shall be provided,
17contingent upon the availability of such services.
18    (320 ILCS 20/6)  (from Ch. 23, par. 6606)
19    Sec. 6. Time. The Department shall by rule establish the
20period of time within which an assessment or eligibility
21screening shall begin and within which a service care plan
22shall be implemented. Such rules shall provide for an
23expedited response to emergency situations.
24(Source: P.A. 85-1184.)



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1    (320 ILCS 20/7)  (from Ch. 23, par. 6607)
2    Sec. 7. Review. All services provided to an eligible adult
3shall be reviewed by the provider agency on at least a
4quarterly basis for up to one year to determine whether the
5service care plan should be continued or modified, except
6that, upon review, the Department on Aging may grant a waiver
7to extend the service care plan for up to one additional year.
8Provider agencies shall demonstrate responsiveness and
9timeliness to eligible adult needs in the provision of
11(Source: P.A. 95-331, eff. 8-21-07.)
12    (320 ILCS 20/7.1)
13    Sec. 7.1. Final investigative report. A provider agency
14shall prepare a final investigative report, upon the
15completion or closure of an investigation, in all cases of
16reported abuse, abandonment, neglect, financial exploitation,
17or self-neglect of an eligible adult, whether or not there is a
18substantiated finding. Upon eligible adult consent, notice of
19findings shall be provided to the eligible adult, the alleged
20abuser or abusers, and the reporter by the provider agency at
21the point of substantiation when provision of such would not
22create an environment of harm to the eligible adult. When a
23report is accepted, a notice of findings shall include only
24substantiation type (Substantiated, No Jurisdiction, Unable to
25locate, not substantiated).



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1(Source: P.A. 102-244, eff. 1-1-22.)
2    (320 ILCS 20/9)  (from Ch. 23, par. 6609)
3    Sec. 9. Authority to consent to services.
4    (a) If an eligible adult consents to an assessment of a
5reported incident of suspected abuse, abandonment, neglect,
6financial exploitation, or eligibility screening for
7self-neglect and, following the assessment of such report,
8consents to services being provided according to the case
9plan, such services shall be arranged to meet the adult's
10needs, based upon the availability of resources to provide
11such services. If an adult withdraws his or her consent for an
12assessment of the reported incident or withdraws his or her
13consent for services and refuses to accept such services, the
14services shall not be provided.
15    (b) If it reasonably appears to the Department or other
16agency designated under this Act that a person is an eligible
17adult and lacks the capacity to consent to an assessment, or
18eligibility screen, of a reported incident of suspected abuse,
19abandonment, neglect, financial exploitation, or self-neglect
20or to necessary services, the Department or other agency shall
21take appropriate action necessary to ameliorate risk to the
22eligible adult if there is a threat of ongoing harm or another
23emergency exists. Once the emergent risk has been mitigated,
24the The Department or the provider other agency shall be
25authorized to seek the appointment of a temporary guardian as



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1provided in Article XIa of the Probate Act of 1975 or surrogate
2decision-maker for the purpose of consenting to an assessment
3or eligibility screen of the reported incident and such
4services, together with an order for an evaluation of the
5eligible adult's physical, psychological, and medical
6condition and decisional capacity.
7    (c) A guardian of the person of an eligible adult may
8consent to an assessment of the reported incident and to
9services being provided according to the case plan. If an
10eligible adult lacks capacity to consent, an agent having
11authority under a power of attorney may consent to an
12assessment of the reported incident and to services. If the
13guardian or agent is the suspected abuser and he or she
14withdraws consent for the assessment of the reported incident,
15or refuses to allow services to be provided to the eligible
16adult, the Department, an agency designated under this Act, or
17the office of the Attorney General may request a court order
18seeking appropriate remedies, and may in addition request
19removal of the guardian and appointment of a successor
20guardian or request removal of the agent and appointment of a
22    (d) If an emergency exists and the Department or other
23agency designated under this Act reasonably believes that a
24person is an eligible adult and lacks the capacity to consent
25to necessary services, the Department or other agency may
26request an ex parte order from the circuit court of the county



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1in which the petitioner or respondent resides or in which the
2alleged abuse, abandonment, neglect, financial exploitation,
3or self-neglect occurred, authorizing an assessment of a
4report of alleged or suspected abuse, abandonment, neglect,
5financial exploitation, or self-neglect or the provision of
6necessary services, or both, including relief available under
7the Illinois Domestic Violence Act of 1986 in accord with
8established law and Department protocols, procedures, and
9policies. Petitions filed under this subsection shall be
10treated as expedited proceedings. When an eligible adult is at
11risk of serious injury or death and it reasonably appears that
12the eligible adult lacks capacity to consent to necessary
13services, the Department or other agency designated under this
14Act may take action necessary to ameliorate the risk in
15accordance with administrative rules promulgated by the
17    (d-5) For purposes of this Section, an eligible adult
18"lacks the capacity to consent" if qualified staff of an
19agency designated under this Act reasonably determine, in
20accordance with administrative rules promulgated by the
21Department, that he or she appears either (i) unable to
22receive and evaluate information related to the assessment or
23services or (ii) unable to communicate in any manner decisions
24related to the assessment of the reported incident or
26    (e) Within 15 days after the entry of the ex parte



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1emergency order, the order shall expire, or, if the need for
2assessment of the reported incident or services continues, the
3provider agency shall petition for the appointment of a
4guardian as provided in Article XIa of the Probate Act of 1975
5for the purpose of consenting to such assessment or services
6or to protect the eligible adult from further harm.
7    (f) If the court enters an ex parte order under subsection
8(d) for an assessment of a reported incident of alleged or
9suspected abuse, abandonment, neglect, financial exploitation,
10or self-neglect, or for the provision of necessary services in
11connection with alleged or suspected self-neglect, or for
12both, the court, as soon as is practicable thereafter, shall
13appoint a guardian ad litem for the eligible adult who is the
14subject of the order, for the purpose of reviewing the
15reasonableness of the order. The guardian ad litem shall
16review the order and, if the guardian ad litem reasonably
17believes that the order is unreasonable, the guardian ad litem
18shall file a petition with the court stating the guardian ad
19litem's belief and requesting that the order be vacated.
20    (g) In all cases in which there is a substantiated finding
21of abuse, abandonment, neglect, or financial exploitation by a
22guardian, the Department shall, within 30 days after the
23finding, notify the Probate Court with jurisdiction over the
25(Source: P.A. 102-244, eff. 1-1-22.)



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1    (320 ILCS 20/15)
2    Sec. 15. Fatality review teams.
3    (a) State policy.
4        (1) Both the State and the community maintain a
5    commitment to preventing the abuse, abandonment, neglect,
6    and financial exploitation of at-risk adults. This
7    includes a charge to bring perpetrators of crimes against
8    at-risk adults to justice and prevent untimely deaths in
9    the community.
10        (2) When an at-risk adult dies, the response to the
11    death by the community, law enforcement, and the State
12    must include an accurate and complete determination of the
13    cause of death, and the development and implementation of
14    measures to prevent future deaths from similar causes.
15        (3) Multidisciplinary and multi-agency reviews of
16    deaths can assist the State and counties in developing a
17    greater understanding of the incidence and causes of
18    premature deaths and the methods for preventing those
19    deaths, improving methods for investigating deaths, and
20    identifying gaps in services to at-risk adults.
21        (4) Access to information regarding the deceased
22    person and his or her family by multidisciplinary and
23    multi-agency fatality review teams is necessary in order
24    to fulfill their purposes and duties.
25    (a-5) Definitions. As used in this Section:
26        "Advisory Council" means the Illinois Fatality Review



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1    Team Advisory Council.
2        "Review Team" means a regional interagency fatality
3    review team.
4    (b) The Director, in consultation with the Advisory
5Council, law enforcement, and other professionals who work in
6the fields of investigating, treating, or preventing abuse,
7abandonment, or neglect of at-risk adults, shall appoint
8members to a minimum of one review team in each of the
9Department's planning and service areas. If a review team in
10an established planning and service area may be better served
11combining with adjacent planning and service areas for greater
12access to cases or expansion of expertise, then the Department
13maintains the right to combine review teams. Each member of a
14review team shall be appointed for a 2-year term and shall be
15eligible for reappointment upon the expiration of the term. A
16review team's purpose in conducting review of at-risk adult
17deaths is: (i) to assist local agencies in identifying and
18reviewing suspicious deaths of adult victims of alleged,
19suspected, or substantiated abuse, abandonment, or neglect in
20domestic living situations; (ii) to facilitate communications
21between officials responsible for autopsies and inquests and
22persons involved in reporting or investigating alleged or
23suspected cases of abuse, abandonment, neglect, or financial
24exploitation of at-risk adults and persons involved in
25providing services to at-risk adults; (iii) to evaluate means
26by which the death might have been prevented; and (iv) to



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1report its findings to the appropriate agencies and the
2Advisory Council and make recommendations that may help to
3reduce the number of at-risk adult deaths caused by abuse,
4abandonment, and neglect and that may help to improve the
5investigations of deaths of at-risk adults and increase
6prosecutions, if appropriate.
7    (b-5) Each such team shall be composed of representatives
8of entities and individuals including, but not limited to:
9        (1) the Department on Aging or the delegated regional
10    administrative agency as appointed by the Department;
11        (2) coroners or medical examiners (or both);
12        (3) State's Attorneys;
13        (4) local police departments;
14        (5) forensic units;
15        (6) local health departments;
16        (7) a social service or health care agency that
17    provides services to persons with mental illness, in a
18    program whose accreditation to provide such services is
19    recognized by the Division of Mental Health within the
20    Department of Human Services;
21        (8) a social service or health care agency that
22    provides services to persons with developmental
23    disabilities, in a program whose accreditation to provide
24    such services is recognized by the Division of
25    Developmental Disabilities within the Department of Human
26    Services;



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1        (9) a local hospital, trauma center, or provider of
2    emergency medicine;
3        (10) providers of services for eligible adults in
4    domestic living situations; and
5        (11) a physician, psychiatrist, or other health care
6    provider knowledgeable about abuse, abandonment, and
7    neglect of at-risk adults.
8    (c) A review team shall review cases of deaths of at-risk
9adults occurring in its planning and service area (i)
10involving blunt force trauma or an undetermined manner or
11suspicious cause of death; (ii) if requested by the deceased's
12attending physician or an emergency room physician; (iii) upon
13referral by a health care provider; (iv) upon referral by a
14coroner or medical examiner; (v) constituting an open or
15closed case from an adult protective services agency, law
16enforcement agency, State's Attorney's office, or the
17Department of Human Services' Office of the Inspector General
18that involves alleged or suspected abuse, abandonment,
19neglect, or financial exploitation; or (vi) upon referral by a
20law enforcement agency or State's Attorney's office. If such a
21death occurs in a planning and service area where a review team
22has not yet been established, the Director shall request that
23the Advisory Council or another review team review that death.
24A team may also review deaths of at-risk adults if the alleged
25abuse, abandonment, or neglect occurred while the person was
26residing in a domestic living situation.



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1    A review team shall meet not less than 2 4 times a year to
2discuss cases for its possible review. Each review team, with
3the advice and consent of the Department, shall establish
4criteria to be used in discussing cases of alleged, suspected,
5or substantiated abuse, abandonment, or neglect for review and
6shall conduct its activities in accordance with any applicable
7policies and procedures established by the Department.
8    (c-5) The Illinois Fatality Review Team Advisory Council,
9consisting of one member from each review team in Illinois,
10shall be the coordinating and oversight body for review teams
11and activities in Illinois. The Director may appoint to the
12Advisory Council any ex-officio members deemed necessary.
13Persons with expertise needed by the Advisory Council may be
14invited to meetings. The Advisory Council must select from its
15members a chairperson and a vice-chairperson, each to serve a
162-year term. The chairperson or vice-chairperson may be
17selected to serve additional, subsequent terms. The Advisory
18Council must meet at least 2 4 times during each calendar year.
19    The Department may provide or arrange for the staff
20support necessary for the Advisory Council to carry out its
21duties. The Director, in cooperation and consultation with the
22Advisory Council, shall appoint, reappoint, and remove review
23team members.
24    The Advisory Council has, but is not limited to, the
25following duties:
26        (1) To serve as the voice of review teams in Illinois.



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1        (2) To oversee the review teams in order to ensure
2    that the review teams' work is coordinated and in
3    compliance with State statutes and the operating protocol.
4        (3) To ensure that the data, results, findings, and
5    recommendations of the review teams are adequately used in
6    a timely manner to make any necessary changes to the
7    policies, procedures, and State statutes in order to
8    protect at-risk adults.
9        (4) To collaborate with the Department in order to
10    develop any legislation needed to prevent unnecessary
11    deaths of at-risk adults.
12        (5) To ensure that the review teams' review processes
13    are standardized in order to convey data, findings, and
14    recommendations in a usable format.
15        (6) To serve as a link with review teams throughout
16    the country and to participate in national review team
17    activities.
18        (7) To provide the review teams with the most current
19    information and practices concerning at-risk adult death
20    review and related topics.
21        (8) To perform any other functions necessary to
22    enhance the capability of the review teams to reduce and
23    prevent at-risk adult fatalities.
24    The Advisory Council may prepare an annual report, in
25consultation with the Department, using aggregate data
26gathered by review teams and using the review teams'



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1recommendations to develop education, prevention, prosecution,
2or other strategies designed to improve the coordination of
3services for at-risk adults and their families.
4    In any instance where a review team does not operate in
5accordance with established protocol, the Director, in
6consultation and cooperation with the Advisory Council, must
7take any necessary actions to bring the review team into
8compliance with the protocol.
9    (d) Any document or oral or written communication shared
10within or produced by the review team relating to a case
11discussed or reviewed by the review team is confidential and
12is not admissible as evidence in any civil or criminal
13proceeding, except for use by a State's Attorney's office in
14prosecuting a criminal case against a caregiver. Those records
15and information are, however, subject to discovery or
16subpoena, and are admissible as evidence, to the extent they
17are otherwise available to the public.
18    Any document or oral or written communication provided to
19a review team by an individual or entity, and created by that
20individual or entity solely for the use of the review team, is
21confidential, is not subject to disclosure to or discoverable
22by another party, and is not admissible as evidence in any
23civil or criminal proceeding, except for use by a State's
24Attorney's office in prosecuting a criminal case against a
25caregiver. Those records and information are, however, subject
26to discovery or subpoena, and are admissible as evidence, to



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1the extent they are otherwise available to the public.
2    Each entity or individual represented on the fatality
3review team may share with other members of the team
4information in the entity's or individual's possession
5concerning the decedent who is the subject of the review or
6concerning any person who was in contact with the decedent, as
7well as any other information deemed by the entity or
8individual to be pertinent to the review. Any such information
9shared by an entity or individual with other members of the
10review team is confidential. The intent of this paragraph is
11to permit the disclosure to members of the review team of any
12information deemed confidential or privileged or prohibited
13from disclosure by any other provision of law. Release of
14confidential communication between domestic violence advocates
15and a domestic violence victim shall follow subsection (d) of
16Section 227 of the Illinois Domestic Violence Act of 1986
17which allows for the waiver of privilege afforded to
18guardians, executors, or administrators of the estate of the
19domestic violence victim. This provision relating to the
20release of confidential communication between domestic
21violence advocates and a domestic violence victim shall
22exclude adult protective service providers.
23    A coroner's or medical examiner's office may share with
24the review team medical records that have been made available
25to the coroner's or medical examiner's office in connection
26with that office's investigation of a death.



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1    Members of a review team and the Advisory Council are not
2subject to examination, in any civil or criminal proceeding,
3concerning information presented to members of the review team
4or the Advisory Council or opinions formed by members of the
5review team or the Advisory Council based on that information.
6A person may, however, be examined concerning information
7provided to a review team or the Advisory Council.
8    (d-5) Meetings of the review teams and the Advisory
9Council are exempt from may be closed to the public under the
10Open Meetings Act. Records and information provided to a
11review team and the Advisory Council, and records maintained
12by a team or the Advisory Council, are exempt from release
13under the Freedom of Information Act.
14    (e) A review team's recommendation in relation to a case
15discussed or reviewed by the review team, including, but not
16limited to, a recommendation concerning an investigation or
17prosecution, may be disclosed by the review team upon the
18completion of its review and at the discretion of a majority of
19its members who reviewed the case.
20    (e-5) The State shall indemnify and hold harmless members
21of a review team and the Advisory Council for all their acts,
22omissions, decisions, or other conduct arising out of the
23scope of their service on the review team or Advisory Council,
24except those involving willful or wanton misconduct. The
25method of providing indemnification shall be as provided in
26the State Employee Indemnification Act.



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1    (f) The Department, in consultation with coroners, medical
2examiners, and law enforcement agencies, shall use aggregate
3data gathered by and recommendations from the Advisory Council
4and the review teams to create an annual report and may use
5those data and recommendations to develop education,
6prevention, prosecution, or other strategies designed to
7improve the coordination of services for at-risk adults and
8their families. The Department or other State or county
9agency, in consultation with coroners, medical examiners, and
10law enforcement agencies, also may use aggregate data gathered
11by the review teams to create a database of at-risk
13    (g) The Department shall adopt such rules and regulations
14as it deems necessary to implement this Section.
15(Source: P.A. 102-244, eff. 1-1-22.)
16    (320 ILCS 20/14 rep.)
17    Section 15. The Adult Protective Services Act is amended
18by repealing Section 14.".