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



SB2799 EnrolledLRB103 37565 KTG 67691 b

1    AN ACT concerning aging.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Open Meetings Act is amended by changing
5Sections 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.
17    Accordingly, for a 5-member public body, 3 members of the
18body constitute a quorum and the affirmative vote of 3 members
19is necessary to adopt any motion, resolution, or ordinance,
20unless a greater number is otherwise required.
21    "Public body" includes all legislative, executive,
22administrative or advisory bodies of the State, counties,
23townships, cities, villages, incorporated towns, school



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1districts and all other municipal corporations, boards,
2bureaus, committees or commissions of this State, and any
3subsidiary bodies of any of the foregoing including but not
4limited to committees and subcommittees which are supported in
5whole or in part by tax revenue, or which expend tax revenue,
6except the General Assembly and committees or commissions
7thereof. "Public body" includes tourism boards and convention
8or civic center boards located in counties that are contiguous
9to the Mississippi River with populations of more than 250,000
10but less than 300,000. "Public body" includes the Health
11Facilities and Services Review Board. "Public body" does not
12include a child death review team or the Illinois Child Death
13Review Teams Executive Council established under the Child
14Death Review Team Act, an ethics commission acting under the
15State Officials and Employees Ethics Act, a regional youth
16advisory board or the Statewide Youth Advisory Board
17established under the Department of Children and Family
18Services Statewide Youth Advisory Board Act, or the Illinois
19Independent Tax Tribunal, or the regional interagency fatality
20review teams and the Illinois Fatality Review Team Advisory
21Council established under the Adult Protective Services Act.
22(Source: P.A. 97-1129, eff. 8-28-12; 98-806, eff. 1-1-15.)
23    (5 ILCS 120/2)  (from Ch. 102, par. 42)
24    Sec. 2. Open meetings.
25    (a) Openness required. All meetings of public bodies shall



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1be open to the public unless excepted in subsection (c) and
2closed in accordance with Section 2a.
3    (b) Construction of exceptions. The exceptions contained
4in subsection (c) are in derogation of the requirement that
5public bodies meet in the open, and therefore, the exceptions
6are to be strictly construed, extending only to subjects
7clearly within their scope. The exceptions authorize but do
8not require the holding of a closed meeting to discuss a
9subject included within an enumerated exception.
10    (c) Exceptions. A public body may hold closed meetings to
11consider the following subjects:
12        (1) The appointment, employment, compensation,
13    discipline, performance, or dismissal of specific
14    employees, specific individuals who serve as independent
15    contractors in a park, recreational, or educational
16    setting, or specific volunteers of the public body or
17    legal counsel for the public body, including hearing
18    testimony on a complaint lodged against an employee, a
19    specific individual who serves as an independent
20    contractor in a park, recreational, or educational
21    setting, or a volunteer of the public body or against
22    legal counsel for the public body to determine its
23    validity. However, a meeting to consider an increase in
24    compensation to a specific employee of a public body that
25    is subject to the Local Government Wage Increase
26    Transparency Act may not be closed and shall be open to the



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1    public and posted and held in accordance with this Act.
2        (2) Collective negotiating matters between the public
3    body and its employees or their representatives, or
4    deliberations concerning salary schedules for one or more
5    classes of employees.
6        (3) The selection of a person to fill a public office,
7    as defined in this Act, including a vacancy in a public
8    office, when the public body is given power to appoint
9    under law or ordinance, or the discipline, performance or
10    removal of the occupant of a public office, when the
11    public body is given power to remove the occupant under
12    law or ordinance.
13        (4) Evidence or testimony presented in open hearing,
14    or in closed hearing where specifically authorized by law,
15    to a quasi-adjudicative body, as defined in this Act,
16    provided that the body prepares and makes available for
17    public inspection a written decision setting forth its
18    determinative reasoning.
19        (4.5) Evidence or testimony presented to a school
20    board regarding denial of admission to school events or
21    property pursuant to Section 24-24 of the School Code,
22    provided that the school board prepares and makes
23    available for public inspection a written decision setting
24    forth its determinative reasoning.
25        (5) The purchase or lease of real property for the use
26    of the public body, including meetings held for the



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1    purpose of discussing whether a particular parcel should
2    be acquired.
3        (6) The setting of a price for sale or lease of
4    property owned by the public body.
5        (7) The sale or purchase of securities, investments,
6    or investment contracts. This exception shall not apply to
7    the investment of assets or income of funds deposited into
8    the Illinois Prepaid Tuition Trust Fund.
9        (8) Security procedures, school building safety and
10    security, and the use of personnel and equipment to
11    respond to an actual, a threatened, or a reasonably
12    potential danger to the safety of employees, students,
13    staff, the public, or public property.
14        (9) Student disciplinary cases.
15        (10) The placement of individual students in special
16    education programs and other matters relating to
17    individual students.
18        (11) Litigation, when an action against, affecting or
19    on behalf of the particular public body has been filed and
20    is pending before a court or administrative tribunal, or
21    when the public body finds that an action is probable or
22    imminent, in which case the basis for the finding shall be
23    recorded and entered into the minutes of the closed
24    meeting.
25        (12) The establishment of reserves or settlement of
26    claims as provided in the Local Governmental and



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1    Governmental Employees Tort Immunity Act, if otherwise the
2    disposition of a claim or potential claim might be
3    prejudiced, or the review or discussion of claims, loss or
4    risk management information, records, data, advice or
5    communications from or with respect to any insurer of the
6    public body or any intergovernmental risk management
7    association or self insurance pool of which the public
8    body is a member.
9        (13) Conciliation of complaints of discrimination in
10    the sale or rental of housing, when closed meetings are
11    authorized by the law or ordinance prescribing fair
12    housing practices and creating a commission or
13    administrative agency for their enforcement.
14        (14) Informant sources, the hiring or assignment of
15    undercover personnel or equipment, or ongoing, prior or
16    future criminal investigations, when discussed by a public
17    body with criminal investigatory responsibilities.
18        (15) Professional ethics or performance when
19    considered by an advisory body appointed to advise a
20    licensing or regulatory agency on matters germane to the
21    advisory body's field of competence.
22        (16) Self evaluation, practices and procedures or
23    professional ethics, when meeting with a representative of
24    a statewide association of which the public body is a
25    member.
26        (17) The recruitment, credentialing, discipline or



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1    formal peer review of physicians or other health care
2    professionals, or for the discussion of matters protected
3    under the federal Patient Safety and Quality Improvement
4    Act of 2005, and the regulations promulgated thereunder,
5    including 42 C.F.R. Part 3 (73 FR 70732), or the federal
6    Health Insurance Portability and Accountability Act of
7    1996, and the regulations promulgated thereunder,
8    including 45 C.F.R. Parts 160, 162, and 164, by a
9    hospital, or other institution providing medical care,
10    that is operated by the public body.
11        (18) Deliberations for decisions of the Prisoner
12    Review Board.
13        (19) Review or discussion of applications received
14    under the Experimental Organ Transplantation Procedures
15    Act.
16        (20) The classification and discussion of matters
17    classified as confidential or continued confidential by
18    the State Government Suggestion Award Board.
19        (21) Discussion of minutes of meetings lawfully closed
20    under this Act, whether for purposes of approval by the
21    body of the minutes or semi-annual review of the minutes
22    as mandated by Section 2.06.
23        (22) Deliberations for decisions of the State
24    Emergency Medical Services Disciplinary Review Board.
25        (23) The operation by a municipality of a municipal
26    utility or the operation of a municipal power agency or



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1    municipal natural gas agency when the discussion involves
2    (i) contracts relating to the purchase, sale, or delivery
3    of electricity or natural gas or (ii) the results or
4    conclusions of load forecast studies.
5        (24) Meetings of a residential health care facility
6    resident sexual assault and death review team or the
7    Executive Council under the Abuse Prevention Review Team
8    Act.
9        (25) Meetings of an independent team of experts under
10    Brian's Law.
11        (26) Meetings of a mortality review team appointed
12    under the Department of Juvenile Justice Mortality Review
13    Team Act.
14        (27) (Blank).
15        (28) Correspondence and records (i) that may not be
16    disclosed under Section 11-9 of the Illinois Public Aid
17    Code or (ii) that pertain to appeals under Section 11-8 of
18    the Illinois Public Aid Code.
19        (29) Meetings between internal or external auditors
20    and governmental audit committees, finance committees, and
21    their equivalents, when the discussion involves internal
22    control weaknesses, identification of potential fraud risk
23    areas, known or suspected frauds, and fraud interviews
24    conducted in accordance with generally accepted auditing
25    standards of the United States of America.
26        (30) (Blank). Those meetings or portions of meetings



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1    of a fatality review team or the Illinois Fatality Review
2    Team Advisory Council during which a review of the death
3    of an eligible adult in which abuse or neglect is
4    suspected, alleged, or substantiated is conducted pursuant
5    to Section 15 of the Adult Protective Services Act.
6        (31) Meetings and deliberations for decisions of the
7    Concealed Carry Licensing Review Board under the Firearm
8    Concealed Carry Act.
9        (32) Meetings between the Regional Transportation
10    Authority Board and its Service Boards when the discussion
11    involves review by the Regional Transportation Authority
12    Board of employment contracts under Section 28d of the
13    Metropolitan Transit Authority Act and Sections 3A.18 and
14    3B.26 of the Regional Transportation Authority Act.
15        (33) Those meetings or portions of meetings of the
16    advisory committee and peer review subcommittee created
17    under Section 320 of the Illinois Controlled Substances
18    Act during which specific controlled substance prescriber,
19    dispenser, or patient information is discussed.
20        (34) Meetings of the Tax Increment Financing Reform
21    Task Force under Section 2505-800 of the Department of
22    Revenue Law of the Civil Administrative Code of Illinois.
23        (35) Meetings of the group established to discuss
24    Medicaid capitation rates under Section 5-30.8 of the
25    Illinois Public Aid Code.
26        (36) Those deliberations or portions of deliberations



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1    for decisions of the Illinois Gaming Board in which there
2    is discussed any of the following: (i) personal,
3    commercial, financial, or other information obtained from
4    any source that is privileged, proprietary, confidential,
5    or a trade secret; or (ii) information specifically
6    exempted from the disclosure by federal or State law.
7        (37) Deliberations for decisions of the Illinois Law
8    Enforcement Training Standards Board, the Certification
9    Review Panel, and the Illinois State Police Merit Board
10    regarding certification and decertification.
11        (38) Meetings of the Ad Hoc Statewide Domestic
12    Violence Fatality Review Committee of the Illinois
13    Criminal Justice Information Authority Board that occur in
14    closed executive session under subsection (d) of Section
15    35 of the Domestic Violence Fatality Review Act.
16        (39) Meetings of the regional review teams under
17    subsection (a) of Section 75 of the Domestic Violence
18    Fatality Review Act.
19        (40) Meetings of the Firearm Owner's Identification
20    Card Review Board under Section 10 of the Firearm Owners
21    Identification Card Act.
22    (d) Definitions. For purposes of this Section:
23    "Employee" means a person employed by a public body whose
24relationship with the public body constitutes an
25employer-employee relationship under the usual common law
26rules, and who is not an independent contractor.



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1    "Public office" means a position created by or under the
2Constitution or laws of this State, the occupant of which is
3charged with the exercise of some portion of the sovereign
4power of this State. The term "public office" shall include
5members of the public body, but it shall not include
6organizational positions filled by members thereof, whether
7established by law or by a public body itself, that exist to
8assist the body in the conduct of its business.
9    "Quasi-adjudicative body" means an administrative body
10charged by law or ordinance with the responsibility to conduct
11hearings, receive evidence or testimony and make
12determinations based thereon, but does not include local
13electoral boards when such bodies are considering petition
15    (e) Final action. No final action may be taken at a closed
16meeting. Final action shall be preceded by a public recital of
17the nature of the matter being considered and other
18information that will inform the public of the business being
20(Source: P.A. 102-237, eff. 1-1-22; 102-520, eff. 8-20-21;
21102-558, eff. 8-20-21; 102-813, eff. 5-13-22; 103-311, eff.
23    Section 10. The Adult Protective Services Act is amended
24by changing Sections 2, 3, 3.1, 3.5, 4, 5, 6, 7, 7.1, 9, and 15
25and by adding Section 5.1 as follows:



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1    (320 ILCS 20/2)  (from Ch. 23, par. 6602)
2    Sec. 2. Definitions. As used in this Act, unless the
3context requires otherwise:
4    (a) "Abandonment" means the desertion or willful forsaking
5of an eligible adult by an individual responsible for the care
6and custody of that eligible adult under circumstances in
7which a reasonable person would continue to provide care and
8custody. Nothing in this Act shall be construed to mean that an
9eligible adult is a victim of abandonment because of health
10care services provided or not provided by licensed health care
12    (a-1) "Abuse" means causing any physical, mental or sexual
13injury to an eligible adult, including exploitation of such
14adult's financial resources, and abandonment or subjecting an
15eligible adult to an environment which creates a likelihood of
16harm to the eligible adult's health, physical and emotional
17well-being, or welfare.
18    Nothing in this Act shall be construed to mean that an
19eligible adult is a victim of abuse, abandonment, neglect, or
20self-neglect for the sole reason that he or she is being
21furnished with or relies upon treatment by spiritual means
22through prayer alone, in accordance with the tenets and
23practices of a recognized church or religious denomination.
24    Nothing in this Act shall be construed to mean that an
25eligible adult is a victim of abuse because of health care



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1services provided or not provided by licensed health care
3    Nothing in this Act shall be construed to mean that an
4eligible adult is a victim of abuse in cases of criminal
5activity by strangers, telemarketing scams, consumer fraud,
6internet fraud, home repair disputes, complaints against a
7homeowners' association, or complaints between landlords and
9    (a-5) "Abuser" means a person who is a family member,
10caregiver, or another person who has a continuing relationship
11with the eligible adult and abuses, abandons, neglects, or
12financially exploits an eligible adult.
13    (a-6) "Adult with disabilities" means a person aged 18
14through 59 who resides in a domestic living situation and
15whose disability as defined in subsection (c-5) impairs his or
16her ability to seek or obtain protection from abuse,
17abandonment, neglect, or exploitation.
18    (a-7) "Caregiver" means a person who either as a result of
19a family relationship, voluntarily, or in exchange for
20compensation has assumed responsibility for all or a portion
21of the care of an eligible adult who needs assistance with
22activities of daily living or instrumental activities of daily
24    (b) "Department" means the Department on Aging of the
25State of Illinois.
26    (c) "Director" means the Director of the Department.



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1    (c-5) "Disability" means a physical or mental disability,
2including, but not limited to, a developmental disability, an
3intellectual disability, a mental illness as defined under the
4Mental Health and Developmental Disabilities Code, or dementia
5as defined under the Alzheimer's Disease Assistance Act.
6    (d) "Domestic living situation" means a residence where
7the eligible adult at the time of the report lives alone or
8with his or her family or a caregiver, or others, or other
9community-based unlicensed facility, but is not:
10        (1) A licensed facility as defined in Section 1-113 of
11    the Nursing Home Care Act;
12        (1.5) A facility licensed under the ID/DD Community
13    Care Act;
14        (1.6) A facility licensed under the MC/DD Act;
15        (1.7) A facility licensed under the Specialized Mental
16    Health Rehabilitation Act of 2013;
17        (2) A "life care facility" as defined in the Life Care
18    Facilities Act;
19        (3) A home, institution, or other place operated by
20    the federal government or agency thereof or by the State
21    of Illinois;
22        (4) A hospital, sanitarium, or other institution, the
23    principal activity or business of which is the diagnosis,
24    care, and treatment of human illness through the
25    maintenance and operation of organized facilities
26    therefor, which is required to be licensed under the



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1    Hospital Licensing Act;
2        (5) A "community living facility" as defined in the
3    Community Living Facilities Licensing Act;
4        (6) (Blank);
5        (7) A "community-integrated living arrangement" as
6    defined in the Community-Integrated Living Arrangements
7    Licensure and Certification Act or a "community
8    residential alternative" as licensed under that Act;
9        (8) An assisted living or shared housing establishment
10    as defined in the Assisted Living and Shared Housing Act;
11    or
12        (9) A supportive living facility as described in
13    Section 5-5.01a of the Illinois Public Aid Code.
14    (e) "Eligible adult" means either an adult with
15disabilities aged 18 through 59 or a person aged 60 or older
16who resides in a domestic living situation and is, or is
17alleged to be, abused, abandoned, neglected, or financially
18exploited by another individual or who neglects himself or
19herself. "Eligible adult" also includes an adult who resides
20in any of the facilities that are excluded from the definition
21of "domestic living situation" under paragraphs (1) through
22(9) of subsection (d), if either: (i) the alleged abuse,
23abandonment, or neglect occurs outside of the facility and not
24under facility supervision and the alleged abuser is a family
25member, caregiver, or another person who has a continuing
26relationship with the adult; or (ii) the alleged financial



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1exploitation is perpetrated by a family member, caregiver, or
2another person who has a continuing relationship with the
3adult, but who is not an employee of the facility where the
4adult resides.
5    (f) "Emergency" means a situation in which an eligible
6adult is living in conditions presenting a risk of death or
7physical, mental or sexual injury and the provider agency has
8reason to believe the eligible adult is unable to consent to
9services which would alleviate that risk.
10    (f-1) "Financial exploitation" means the use of an
11eligible adult's resources by another to the disadvantage of
12that adult or the profit or advantage of a person other than
13that adult.
14    (f-3) "Investment advisor" means any person required to
15register as an investment adviser or investment adviser
16representative under Section 8 of the Illinois Securities Law
17of 1953, which for purposes of this Act excludes any bank,
18trust company, savings bank, or credit union, or their
19respective employees.
20    (f-5) "Mandated reporter" means any of the following
21persons while engaged in carrying out their professional
23        (1) a professional or professional's delegate while
24    engaged in: (i) social services, (ii) law enforcement,
25    (iii) education, (iv) the care of an eligible adult or
26    eligible adults, or (v) any of the occupations required to



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1    be licensed under the Behavior Analyst Licensing Act, the
2    Clinical Psychologist Licensing Act, the Clinical Social
3    Work and Social Work Practice Act, the Illinois Dental
4    Practice Act, the Dietitian Nutritionist Practice Act, the
5    Marriage and Family Therapy Licensing Act, the Medical
6    Practice Act of 1987, the Naprapathic Practice Act, the
7    Nurse Practice Act, the Nursing Home Administrators
8    Licensing and Disciplinary Act, the Illinois Occupational
9    Therapy Practice Act, the Illinois Optometric Practice Act
10    of 1987, the Pharmacy Practice Act, the Illinois Physical
11    Therapy Act, the Physician Assistant Practice Act of 1987,
12    the Podiatric Medical Practice Act of 1987, the
13    Respiratory Care Practice Act, the Professional Counselor
14    and Clinical Professional Counselor Licensing and Practice
15    Act, the Illinois Speech-Language Pathology and Audiology
16    Practice Act, the Veterinary Medicine and Surgery Practice
17    Act of 2004, and the Illinois Public Accounting Act;
18        (1.5) an employee of an entity providing developmental
19    disabilities services or service coordination funded by
20    the Department of Human Services;
21        (2) an employee of a vocational rehabilitation
22    facility prescribed or supervised by the Department of
23    Human Services;
24        (3) an administrator, employee, or person providing
25    services in or through an unlicensed community based
26    facility;



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1        (4) any religious practitioner who provides treatment
2    by prayer or spiritual means alone in accordance with the
3    tenets and practices of a recognized church or religious
4    denomination, except as to information received in any
5    confession or sacred communication enjoined by the
6    discipline of the religious denomination to be held
7    confidential;
8        (5) field personnel of the Department of Healthcare
9    and Family Services, Department of Public Health, and
10    Department of Human Services, and any county or municipal
11    health department;
12        (6) personnel of the Department of Human Services, the
13    Guardianship and Advocacy Commission, the State Fire
14    Marshal, local fire departments, the Department on Aging
15    and its subsidiary Area Agencies on Aging and provider
16    agencies, except the State Long Term Care Ombudsman and
17    any of his or her representatives or volunteers where
18    prohibited from making such a report pursuant to 45 CFR
19    1324.11(e)(3)(iv);
20        (7) any employee of the State of Illinois not
21    otherwise specified herein who is involved in providing
22    services to eligible adults, including professionals
23    providing medical or rehabilitation services and all other
24    persons having direct contact with eligible adults;
25        (8) a person who performs the duties of a coroner or
26    medical examiner;



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1        (9) a person who performs the duties of a paramedic or
2    an emergency medical technician; or
3        (10) a person who performs the duties of an investment
4    advisor.
5    (g) "Neglect" means another individual's failure to
6provide an eligible adult with or willful withholding from an
7eligible adult the necessities of life including, but not
8limited to, food, clothing, shelter or health care. This
9subsection does not create any new affirmative duty to provide
10support to eligible adults. Nothing in this Act shall be
11construed to mean that an eligible adult is a victim of neglect
12because of health care services provided or not provided by
13licensed health care professionals.
14    (h) "Provider agency" means any public or nonprofit agency
15in a planning and service area that is selected by the
16Department or appointed by the regional administrative agency
17with prior approval by the Department on Aging to receive and
18assess reports of alleged or suspected abuse, abandonment,
19neglect, or financial exploitation. A provider agency is also
20referenced as a "designated agency" in this Act.
21    (i) "Regional administrative agency" means any public or
22nonprofit agency in a planning and service area that provides
23regional oversight and performs functions as set forth in
24subsection (b) of Section 3 of this Act. The Department shall
25designate an Area Agency on Aging as the regional
26administrative agency or, in the event the Area Agency on



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1Aging in that planning and service area is deemed by the
2Department to be unwilling or unable to provide those
3functions, the Department may serve as the regional
4administrative agency or designate another qualified entity to
5serve as the regional administrative agency; any such
6designation shall be subject to terms set forth by the
8    (i-5) "Self-neglect" means a condition that is the result
9of an eligible adult's inability, due to physical or mental
10impairments, or both, or a diminished capacity, to perform
11essential self-care tasks that substantially threaten his or
12her own health, including: providing essential food, clothing,
13shelter, and health care; and obtaining goods and services
14necessary to maintain physical health, mental health,
15emotional well-being, and general safety. The term includes
16compulsive hoarding, which is characterized by the acquisition
17and retention of large quantities of items and materials that
18produce an extensively cluttered living space, which
19significantly impairs the performance of essential self-care
20tasks or otherwise substantially threatens life or safety.
21    (j) "Substantiated case" means a reported case of alleged
22or suspected abuse, abandonment, neglect, financial
23exploitation, or self-neglect in which a provider agency,
24after assessment, determines that there is reason to believe
25abuse, abandonment, neglect, or financial exploitation has



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1    (k) "Verified" means a determination that there is "clear
2and convincing evidence" that the specific injury or harm
3alleged was the result of abuse, abandonment, neglect, or
4financial exploitation.
5(Source: P.A. 102-244, eff. 1-1-22; 102-953, eff. 5-27-22;
6103-329, eff. 1-1-24.)
7    (320 ILCS 20/3)  (from Ch. 23, par. 6603)
8    Sec. 3. Responsibilities.
9    (a) The Department shall establish, design, and manage a
10protective services program for eligible adults who have been,
11or are alleged to be, victims of abuse, abandonment, neglect,
12financial exploitation, or self-neglect. The Department may
13develop policies and procedures to effectively administer all
14aspects of the program defined in this Act. The Department
15shall contract with or fund, or contract with and fund,
16regional administrative agencies, provider agencies, or both,
17for the provision of those functions, and, contingent on
18adequate funding, with attorneys or legal services provider
19agencies for the provision of legal assistance pursuant to
20this Act. Contingent upon adequate funding, the Department, at
21its discretion, may provide funding for legal assistance for
22eligible adults. For self-neglect, the program shall include
23the following services for eligible adults who have been
24removed from their residences for the purpose of cleanup or
25repairs: temporary housing; counseling; and caseworker



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1services to try to ensure that the conditions necessitating
2the removal do not reoccur.
3    (a-1) The Department shall by rule develop standards for
4minimum staffing levels and staff qualifications. The
5Department shall by rule establish mandatory standards for the
6investigation of abuse, abandonment, neglect, and financial
7exploitation, or self-neglect of eligible adults and mandatory
8procedures for linking eligible adults to appropriate services
9and supports. For self-neglect, the Department may by rule
10establish mandatory standards for the provision of emergent
11casework and follow-up services to mitigate the risk of harm
12or death to the eligible adult.
13    (a-5) A provider agency shall, in accordance with rules
14promulgated by the Department, establish a multi-disciplinary
15team to act in an advisory role for the purpose of providing
16professional knowledge and expertise in the handling of
17complex abuse cases involving eligible adults. Each
18multi-disciplinary team shall consist of one volunteer
19representative from the following professions: banking or
20finance; disability care; health care; law; law enforcement;
21mental health care; and clergy. A provider agency may also
22choose to add representatives from the fields of substance
23abuse, domestic violence, sexual assault, or other related
24fields. To support multi-disciplinary teams in this role, law
25enforcement agencies and coroners or medical examiners shall
26supply records as may be requested in particular cases.



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1Multi-disciplinary teams shall meet no less than 4 times
3    (b) Each regional administrative agency shall designate
4provider agencies within its planning and service area with
5prior approval by the Department on Aging, monitor the use of
6services, provide technical assistance to the provider
7agencies and be involved in program development activities.
8    (c) Provider agencies shall assist, to the extent
9possible, eligible adults who need agency services to allow
10them to continue to function independently. Such assistance
11shall include, but not be limited to, receiving reports of
12alleged or suspected abuse, abandonment, neglect, financial
13exploitation, or self-neglect, conducting face-to-face
14assessments of such reported cases, determination of
15substantiated cases, referral of substantiated cases for
16necessary support services, referral of criminal conduct to
17law enforcement in accordance with Department guidelines, and
18provision of case work and follow-up services on substantiated
19cases. In the case of a report of alleged or suspected abuse,
20abandonment, or neglect that places an eligible adult at risk
21of injury or death, a provider agency shall respond to the
22report on an emergency basis in accordance with guidelines
23established by the Department by administrative rule and shall
24ensure that it is capable of responding to such a report 24
25hours per day, 7 days per week. A provider agency may use an
26on-call system to respond to reports of alleged or suspected



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1abuse, abandonment, or neglect after hours and on weekends.
2    (c-5) Where a provider agency has reason to believe that
3the death of an eligible adult may be the result of abuse,
4abandonment, or neglect, including any reports made after
5death, the agency shall immediately report the matter to both
6the appropriate law enforcement agency and the coroner or
7medical examiner. Between 30 and 45 days after making such a
8report, the provider agency again shall contact the law
9enforcement agency and coroner or medical examiner to
10determine whether any further action was taken. Upon request
11by a provider agency, a law enforcement agency and coroner or
12medical examiner shall supply a summary of its action in
13response to a reported death of an eligible adult. A copy of
14the report shall be maintained and all subsequent follow-up
15with the law enforcement agency and coroner or medical
16examiner shall be documented in the case record of the
17eligible adult. If the law enforcement agency, coroner, or
18medical examiner determines the reported death was caused by
19abuse, abandonment, or neglect by a caregiver, the law
20enforcement agency, coroner, or medical examiner shall inform
21the Department, and the Department shall report the
22caregiver's identity on the Registry as described in Section
237.5 of this Act.
24    (d) (Blank). Upon sufficient appropriations to implement a
25statewide program, the Department shall implement a program,
26based on the recommendations of the Self-Neglect Steering



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1Committee, for (i) responding to reports of possible
2self-neglect, (ii) protecting the autonomy, rights, privacy,
3and privileges of adults during investigations of possible
4self-neglect and consequential judicial proceedings regarding
5competency, (iii) collecting and sharing relevant information
6and data among the Department, provider agencies, regional
7administrative agencies, and relevant seniors, (iv) developing
8working agreements between provider agencies and law
9enforcement, where practicable, and (v) developing procedures
10for collecting data regarding incidents of self-neglect.
11(Source: P.A. 102-244, eff. 1-1-22.)
12    (320 ILCS 20/3.1)
13    Sec. 3.1. Adult protective services dementia training.
14    (a) This Section shall apply to any person who is employed
15by the Department in the Adult Protective Services division,
16or is contracted with the Department, and works on the
17development or implementation of social services to respond to
18and prevent adult abuse, neglect, or exploitation.
19    (b) The Department shall implement a dementia training
20program that must include instruction on the identification of
21people with dementia, risks such as wandering, communication
22impairments, and elder abuse, and the best practices for
23interacting with people with dementia.
24    (c) Training of at least 2 hours shall be completed at the
25start of employment with the Adult Protective Services



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1division. Persons who are employees of the Adult Protective
2Services division on the effective date of this amendatory Act
3of the 102nd General Assembly shall complete this training
4within 6 months after the effective date of this amendatory
5Act of the 102nd General Assembly. The training shall cover
6the following subjects:
7        (1) Alzheimer's disease and dementia.
8        (2) Safety risks.
9        (3) Communication and behavior.
10    (d) Annual continuing education shall include at least 2
11hours of dementia training covering the subjects described in
12subsection (c).
13    (e) This Section is designed to address gaps in current
14dementia training requirements for Adult Protective Services
15officials and improve the quality of training. If laws or
16rules existing on the effective date of this amendatory Act of
17the 102nd General Assembly contain more rigorous training
18requirements for Adult Protective Service officials, those
19laws or rules shall apply. Where there is overlap between this
20Section and other laws and rules, the Department shall
21interpret this Section to avoid duplication of requirements
22while ensuring that the minimum requirements set in this
23Section are met.
24    (f) The Department may adopt rules for the administration
25of this Section.
26(Source: P.A. 102-4, eff. 4-27-21.)



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1    (320 ILCS 20/3.5)
2    Sec. 3.5. Other responsibilities. The Department shall
3also be responsible for the following activities, contingent
4upon adequate funding; implementation shall be expanded to
5adults with disabilities upon the effective date of this
6amendatory Act of the 98th General Assembly, except those
7responsibilities under subsection (a), which shall be
8undertaken as soon as practicable:
9        (a) promotion of a wide range of endeavors for the
10    purpose of preventing abuse, abandonment, neglect,
11    financial exploitation, and self-neglect, including, but
12    not limited to, promotion of public and professional
13    education to increase awareness of abuse, abandonment,
14    neglect, financial exploitation, and self-neglect; to
15    increase reports; to establish access to and use of the
16    Registry established under Section 7.5; and to improve
17    response by various legal, financial, social, and health
18    systems;
19        (b) coordination of efforts with other agencies,
20    councils, and like entities, to include but not be limited
21    to, the Administrative Office of the Illinois Courts, the
22    Office of the Attorney General, the Illinois State Police,
23    the Illinois Law Enforcement Training Standards Board, the
24    State Triad, the Illinois Criminal Justice Information
25    Authority, the Departments of Public Health, Healthcare



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



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1    self-neglect;
2        (g) solicitation of financial institutions for the
3    purpose of making information available to the general
4    public warning of financial exploitation of adults and
5    related financial fraud or abuse, including such
6    information and warnings available through signage or
7    other written materials provided by the Department on the
8    premises of such financial institutions, provided that the
9    manner of displaying or distributing such information is
10    subject to the sole discretion of each financial
11    institution; and
12        (g-1) developing by joint rulemaking with the
13    Department of Financial and Professional Regulation
14    minimum training standards which shall be used by
15    financial institutions for their current and new employees
16    with direct customer contact; the Department of Financial
17    and Professional Regulation shall retain sole visitation
18    and enforcement authority under this subsection (g-1); the
19    Department of Financial and Professional Regulation shall
20    provide bi-annual reports to the Department setting forth
21    aggregate statistics on the training programs required
22    under this subsection (g-1). ; and
23        (h) coordinating efforts with utility and electric
24    companies to send notices in utility bills to explain to
25    persons 60 years of age or older their rights regarding
26    telemarketing and home repair fraud.



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1(Source: P.A. 102-244, eff. 1-1-22; 102-538, eff. 8-20-21;
2102-813, eff. 5-13-22.)
3    (320 ILCS 20/4)  (from Ch. 23, par. 6604)
4    Sec. 4. Reports of abuse, abandonment, or neglect.
5    (a) Any person who suspects the abuse, abandonment,
6neglect, financial exploitation, or self-neglect of an
7eligible adult may report this suspicion or information about
8the suspicious death of an eligible adult to an agency
9designated to receive such reports under this Act or to the
11    (a-5) If any mandated reporter has reason to believe that
12an eligible adult, who because of a disability or other
13condition or impairment is unable to seek assistance for
14himself or herself, has, within the previous 12 months, been
15subjected to abuse, abandonment, neglect, or financial
16exploitation, the mandated reporter shall, within 24 hours
17after developing such belief, report this suspicion to an
18agency designated to receive such reports under this Act or to
19the Department. The agency designated to receive such reports
20under this Act or the Department may establish a manner in
21which a mandated reporter can make the required report through
22an Internet reporting tool. Information sent and received
23through the Internet reporting tool is subject to the same
24rules in this Act as other types of confidential reporting
25established by the designated agency or the Department.



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1Whenever a mandated reporter is required to report under this
2Act in his or her capacity as a member of the staff of a
3medical or other public or private institution, facility, or
4agency, he or she shall make a report to an agency designated
5to receive such reports under this Act or to the Department in
6accordance with the provisions of this Act and may also notify
7the person in charge of the institution, facility, or agency
8or his or her designated agent that the report has been made.
9Under no circumstances shall any person in charge of such
10institution, facility, or agency, or his or her designated
11agent to whom the notification has been made, exercise any
12control, restraint, modification, or other change in the
13report or the forwarding of the report to an agency designated
14to receive such reports under this Act or to the Department.
15The privileged quality of communication between any
16professional person required to report and his or her patient
17or client shall not apply to situations involving abused,
18abandoned, neglected, or financially exploited eligible adults
19and shall not constitute grounds for failure to report as
20required by this Act.
21    (a-6) If a mandated reporter has reason to believe that
22the death of an eligible adult may be the result of abuse or
23neglect, the matter shall be reported to an agency designated
24to receive such reports under this Act or to the Department for
25subsequent referral to the appropriate law enforcement agency
26and the coroner or medical examiner in accordance with



SB2799 Enrolled- 32 -LRB103 37565 KTG 67691 b

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



SB2799 Enrolled- 33 -LRB103 37565 KTG 67691 b

1faith performance of those services, have immunity from any
2civil, criminal or other liability in any civil, criminal, or
3other proceeding brought as a consequence of the performance
4of those services. For the purposes of any civil, criminal, or
5other proceeding, the good faith of any person required to
6report, permitted to report, or participating in an
7investigation of a report of alleged or suspected abuse,
8abandonment, neglect, financial exploitation, or self-neglect
9shall be presumed.
10    (c) The identity of a person making a report of alleged or
11suspected abuse, abandonment, neglect, financial exploitation,
12or self-neglect or a report concerning information about the
13suspicious death of an eligible adult under this Act may be
14disclosed by the Department or other agency provided for in
15this Act only with such person's written consent or by court
16order, but is otherwise confidential.
17    (d) The Department shall by rule establish a system for
18filing and compiling reports made under this Act.
19    (e) Any physician who willfully fails to report as
20required by this Act shall be referred to the Illinois State
21Medical Disciplinary Board for action in accordance with
22subdivision (A)(22) of Section 22 of the Medical Practice Act
23of 1987. Any dentist or dental hygienist who willfully fails
24to report as required by this Act shall be referred to the
25Department of Financial and Professional Regulation for
26possible disciplinary action in accordance with paragraph 19



SB2799 Enrolled- 34 -LRB103 37565 KTG 67691 b

1of Section 23 of the Illinois Dental Practice Act. Any
2optometrist who willfully fails to report as required by this
3Act shall be referred to the Department of Financial and
4Professional Regulation for action in accordance with
5paragraph (15) of subsection (a) of Section 24 of the Illinois
6Optometric Practice Act of 1987. Any other mandated reporter
7required by this Act to report suspected abuse, abandonment,
8neglect, or financial exploitation who willfully fails to
9report the same is guilty of a Class A misdemeanor.
10(Source: P.A. 102-244, eff. 1-1-22; 103-329, eff. 1-1-24.)
11    (320 ILCS 20/5)  (from Ch. 23, par. 6605)
12    Sec. 5. Procedure.
13    (a) A provider agency, upon receiving a report of alleged
14or suspected abuse, abandonment, neglect, or financial
15exploitation, shall conduct a face-to-face assessment with
16respect to such report, in accordance with established law and
17Department protocols, procedures, and policies. A provider
18agency that receives a report of self-neglect shall follow the
19procedures set forth in Section 5.1 designated to receive
20reports of alleged or suspected abuse, abandonment, neglect,
21financial exploitation, or self-neglect under this Act shall,
22upon receiving such a report, conduct a face-to-face
23assessment with respect to such report, in accord with
24established law and Department protocols, procedures, and
25policies. Face-to-face assessments, casework, and follow-up of



SB2799 Enrolled- 35 -LRB103 37565 KTG 67691 b

1reports of self-neglect by the provider agencies designated to
2receive reports of self-neglect shall be subject to sufficient
3appropriation for statewide implementation of assessments,
4casework, and follow-up of reports of self-neglect. In the
5absence of sufficient appropriation for statewide
6implementation of assessments, casework, and follow-up of
7reports of self-neglect, the designated adult protective
8services provider agency shall refer all reports of
9self-neglect to the appropriate agency or agencies as
10designated by the Department for any follow-up.
11    (b) The assessment shall include, but not be limited to, a
12visit to the residence of the eligible adult who is the subject
13of the report and shall include interviews or consultations
14regarding the allegations with service agencies, immediate
15family members, and individuals who may have knowledge of the
16eligible adult's circumstances based on the consent of the
17eligible adult in all instances, except where the provider
18agency is acting in the best interest of an eligible adult who
19is unable to seek assistance for himself or herself and where
20there are allegations against a caregiver who has assumed
21responsibilities in exchange for compensation. If, after the
22assessment, the provider agency determines that the case is
23substantiated it shall develop a service care plan for the
24eligible adult and may report its findings at any time during
25the case to the appropriate law enforcement agency in accord
26with established law and Department protocols, procedures, and



SB2799 Enrolled- 36 -LRB103 37565 KTG 67691 b

1policies. In developing a case plan, the provider agency may
2consult with any other appropriate provider of services, and
3such providers shall be immune from civil or criminal
4liability on account of such acts, except for intentional,
5willful, or wanton conduct. The plan shall include alternative
6suggested or recommended services which are appropriate to the
7needs of the eligible adult and which involve the least
8restriction of the eligible adult's activities commensurate
9with his or her needs. Only those services to which consent is
10provided in accordance with Section 9 of this Act shall be
11provided, contingent upon the availability of such services.
12    (c) (b) A provider agency shall refer evidence of crimes
13against an eligible adult to the appropriate law enforcement
14agency according to Department policies. A referral to law
15enforcement may be made at intake, at any time during the case,
16or after a report of a suspicious death, depending upon the
17circumstances. Where a provider agency has reason to believe
18the death of an eligible adult may be the result of abuse,
19abandonment, or neglect, the agency shall immediately report
20the matter to the coroner or medical examiner and shall
21cooperate fully with any subsequent investigation.
22    (d) (c) If any person other than the alleged victim
23refuses to allow the provider agency to begin an
24investigation, interferes with the provider agency's ability
25to conduct an investigation, or refuses to give access to an
26eligible adult, the appropriate law enforcement agency must be



SB2799 Enrolled- 37 -LRB103 37565 KTG 67691 b

1consulted regarding the investigation.
2(Source: P.A. 102-244, eff. 1-1-22; 103-329, eff. 1-1-24.)
3    (320 ILCS 20/5.1 new)
4    Sec. 5.1. Procedure for self-neglect.
5    (a) A provider agency, upon receiving a report of
6self-neglect, shall conduct no less than 2 unannounced
7face-to-face visits at the residence of the eligible adult to
8administer, upon consent, the eligibility screening. The
9eligibility screening is intended to quickly determine if the
10eligible adult is posing a substantial threat to themselves or
11others. A full assessment phase shall not be completed for
12self-neglect cases, and with individual consent, verified
13self-neglect cases shall immediately enter the casework phase
14to begin service referrals to mitigate risk unless
15self-neglect occurs concurrently with another reported abuse
16type (abuse, neglect, or exploitation), a full assessment
17shall occur.
18    (b) The eligibility screening shall include, but is not
19limited to:
20        (1) an interview with the eligible adult;
21        (2) with eligible adult consent, interviews or
22    consultations regarding the allegations with immediate
23    family members, and other individuals who may have
24    knowledge of the eligible adult's circumstances; and
25        (3) an inquiry of active service providers engaged



SB2799 Enrolled- 38 -LRB103 37565 KTG 67691 b

1    with the eligible adult who are providing services that
2    are mitigating the risk identified on the intake. These
3    services providers may be, but are not limited to:
4            (i) Managed care organizations.
5            (ii) Case coordination units.
6            (iii) The Department of Human Services' Division
7        of Rehabilitation Services.
8            (iv) The Department of Human Services' Division of
9        Developmental Disabilities.
10            (v) The Department of Human Services' Division of
11        Mental Health.
12    (c) During the visit, a provider agency shall obtain the
13consent of the eligible adult before initiating the
14eligibility screening. If the eligible adult cannot consent
15and no surrogate decision maker is established, and where the
16provider agency is acting in the best interest of an eligible
17adult who is unable to seek assistance for themselves, the
18provider agency shall conduct the eligibility screening as
19described in subsection (b).
20    (d) When the eligibility screening indicates that the
21individual is experiencing self-neglect, the provider agency
22shall within 10 business days and with client consent, develop
23an initial case plan.
24    (e) In developing a case plan, the provider agency shall
25consult with any other appropriate provider of services to
26ensure no duplications of services. Such providers shall be



SB2799 Enrolled- 39 -LRB103 37565 KTG 67691 b

1immune from civil or criminal liability on account of such
2acts except for intentional, willful, or wanton misconduct.
3    (f) The case plan shall be client directed and include
4recommended services which are appropriate to the needs and
5wishes of the individual, and which involve the least
6restriction of the individual's activities commensurate with
7the individual's needs.
8    (g) Only those services to which consent is provided in
9accordance with Section 9 of this Act shall be provided,
10contingent upon the availability of such services.
11    (320 ILCS 20/6)  (from Ch. 23, par. 6606)
12    Sec. 6. Time. The Department shall by rule establish the
13period of time within which an assessment or eligibility
14screening shall begin and within which a service care plan
15shall be implemented. Such rules shall provide for an
16expedited response to emergency situations.
17(Source: P.A. 85-1184.)
18    (320 ILCS 20/7)  (from Ch. 23, par. 6607)
19    Sec. 7. Review. All services provided to an eligible adult
20shall be reviewed by the provider agency on at least a
21quarterly basis for up to one year to determine whether the
22service care plan should be continued or modified, except
23that, upon review, the Department on Aging may grant a waiver
24to extend the service care plan for up to one additional year.



SB2799 Enrolled- 40 -LRB103 37565 KTG 67691 b

1Provider agencies shall demonstrate responsiveness and
2timeliness to eligible adult needs in the provision of
4(Source: P.A. 95-331, eff. 8-21-07.)
5    (320 ILCS 20/7.1)
6    Sec. 7.1. Final investigative report. A provider agency
7shall prepare a final investigative report, upon the
8completion or closure of an investigation, in all cases of
9reported abuse, abandonment, neglect, financial exploitation,
10or self-neglect of an eligible adult, whether or not there is a
11substantiated finding. Upon eligible adult consent, notice of
12findings shall be provided to the eligible adult, the alleged
13abuser or abusers, and the reporter by the provider agency at
14the point of substantiation when provision of such would not
15create an environment of harm to the eligible adult. When a
16report is accepted, a notice of findings shall include only
17substantiation type (Substantiated, No Jurisdiction, Unable to
18locate, not substantiated).
19(Source: P.A. 102-244, eff. 1-1-22.)
20    (320 ILCS 20/9)  (from Ch. 23, par. 6609)
21    Sec. 9. Authority to consent to services.
22    (a) If an eligible adult consents to an assessment of a
23reported incident of suspected abuse, abandonment, neglect,
24financial exploitation, or eligibility screening for



SB2799 Enrolled- 41 -LRB103 37565 KTG 67691 b

1self-neglect and, following the assessment of such report,
2consents to services being provided according to the case
3plan, such services shall be arranged to meet the adult's
4needs, based upon the availability of resources to provide
5such services. If an adult withdraws his or her consent for an
6assessment of the reported incident or withdraws his or her
7consent for services and refuses to accept such services, the
8services shall not be provided.
9    (b) If it reasonably appears to the Department or other
10agency designated under this Act that a person is an eligible
11adult and lacks the capacity to consent to an assessment, or
12eligibility screen, of a reported incident of suspected abuse,
13abandonment, neglect, financial exploitation, or self-neglect
14or to necessary services, the Department or other agency shall
15take appropriate action necessary to ameliorate risk to the
16eligible adult if there is a threat of ongoing harm or another
17emergency exists. Once the emergent risk has been mitigated,
18the The Department or the provider other agency shall be
19authorized to seek the appointment of a temporary guardian as
20provided in Article XIa of the Probate Act of 1975 or surrogate
21decision-maker for the purpose of consenting to an assessment
22or eligibility screen of the reported incident and such
23services, together with an order for an evaluation of the
24eligible adult's physical, psychological, and medical
25condition and decisional capacity.
26    (c) A guardian of the person of an eligible adult may



SB2799 Enrolled- 42 -LRB103 37565 KTG 67691 b

1consent to an assessment of the reported incident and to
2services being provided according to the case plan. If an
3eligible adult lacks capacity to consent, an agent having
4authority under a power of attorney may consent to an
5assessment of the reported incident and to services. If the
6guardian or agent is the suspected abuser and he or she
7withdraws consent for the assessment of the reported incident,
8or refuses to allow services to be provided to the eligible
9adult, the Department, an agency designated under this Act, or
10the office of the Attorney General may request a court order
11seeking appropriate remedies, and may in addition request
12removal of the guardian and appointment of a successor
13guardian or request removal of the agent and appointment of a
15    (d) If an emergency exists and the Department or other
16agency designated under this Act reasonably believes that a
17person is an eligible adult and lacks the capacity to consent
18to necessary services, the Department or other agency may
19request an ex parte order from the circuit court of the county
20in which the petitioner or respondent resides or in which the
21alleged abuse, abandonment, neglect, financial exploitation,
22or self-neglect occurred, authorizing an assessment of a
23report of alleged or suspected abuse, abandonment, neglect,
24financial exploitation, or self-neglect or the provision of
25necessary services, or both, including relief available under
26the Illinois Domestic Violence Act of 1986 in accord with



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1established law and Department protocols, procedures, and
2policies. Petitions filed under this subsection shall be
3treated as expedited proceedings. When an eligible adult is at
4risk of serious injury or death and it reasonably appears that
5the eligible adult lacks capacity to consent to necessary
6services, the Department or other agency designated under this
7Act may take action necessary to ameliorate the risk in
8accordance with administrative rules promulgated by the
10    (d-5) For purposes of this Section, an eligible adult
11"lacks the capacity to consent" if qualified staff of an
12agency designated under this Act reasonably determine, in
13accordance with administrative rules promulgated by the
14Department, that he or she appears either (i) unable to
15receive and evaluate information related to the assessment or
16services or (ii) unable to communicate in any manner decisions
17related to the assessment of the reported incident or
19    (e) Within 15 days after the entry of the ex parte
20emergency order, the order shall expire, or, if the need for
21assessment of the reported incident or services continues, the
22provider agency shall petition for the appointment of a
23guardian as provided in Article XIa of the Probate Act of 1975
24for the purpose of consenting to such assessment or services
25or to protect the eligible adult from further harm.
26    (f) If the court enters an ex parte order under subsection



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1(d) for an assessment of a reported incident of alleged or
2suspected abuse, abandonment, neglect, financial exploitation,
3or self-neglect, or for the provision of necessary services in
4connection with alleged or suspected self-neglect, or for
5both, the court, as soon as is practicable thereafter, shall
6appoint a guardian ad litem for the eligible adult who is the
7subject of the order, for the purpose of reviewing the
8reasonableness of the order. The guardian ad litem shall
9review the order and, if the guardian ad litem reasonably
10believes that the order is unreasonable, the guardian ad litem
11shall file a petition with the court stating the guardian ad
12litem's belief and requesting that the order be vacated.
13    (g) In all cases in which there is a substantiated finding
14of abuse, abandonment, neglect, or financial exploitation by a
15guardian, the Department shall, within 30 days after the
16finding, notify the Probate Court with jurisdiction over the
18(Source: P.A. 102-244, eff. 1-1-22.)
19    (320 ILCS 20/15)
20    Sec. 15. Fatality review teams.
21    (a) State policy.
22        (1) Both the State and the community maintain a
23    commitment to preventing the abuse, abandonment, neglect,
24    and financial exploitation of at-risk adults. This
25    includes a charge to bring perpetrators of crimes against



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1    at-risk adults to justice and prevent untimely deaths in
2    the community.
3        (2) When an at-risk adult dies, the response to the
4    death by the community, law enforcement, and the State
5    must include an accurate and complete determination of the
6    cause of death, and the development and implementation of
7    measures to prevent future deaths from similar causes.
8        (3) Multidisciplinary and multi-agency reviews of
9    deaths can assist the State and counties in developing a
10    greater understanding of the incidence and causes of
11    premature deaths and the methods for preventing those
12    deaths, improving methods for investigating deaths, and
13    identifying gaps in services to at-risk adults.
14        (4) Access to information regarding the deceased
15    person and his or her family by multidisciplinary and
16    multi-agency fatality review teams is necessary in order
17    to fulfill their purposes and duties.
18    (a-5) Definitions. As used in this Section:
19        "Advisory Council" means the Illinois Fatality Review
20    Team Advisory Council.
21        "Review Team" means a regional interagency fatality
22    review team.
23    (b) The Director, in consultation with the Advisory
24Council, law enforcement, and other professionals who work in
25the fields of investigating, treating, or preventing abuse,
26abandonment, or neglect of at-risk adults, shall appoint



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1members to a minimum of one review team in each of the
2Department's planning and service areas. If a review team in
3an established planning and service area may be better served
4combining with adjacent planning and service areas for greater
5access to cases or expansion of expertise, then the Department
6maintains the right to combine review teams. Each member of a
7review team shall be appointed for a 2-year term and shall be
8eligible for reappointment upon the expiration of the term. A
9review team's purpose in conducting review of at-risk adult
10deaths is: (i) to assist local agencies in identifying and
11reviewing suspicious deaths of adult victims of alleged,
12suspected, or substantiated abuse, abandonment, or neglect in
13domestic living situations; (ii) to facilitate communications
14between officials responsible for autopsies and inquests and
15persons involved in reporting or investigating alleged or
16suspected cases of abuse, abandonment, neglect, or financial
17exploitation of at-risk adults and persons involved in
18providing services to at-risk adults; (iii) to evaluate means
19by which the death might have been prevented; and (iv) to
20report its findings to the appropriate agencies and the
21Advisory Council and make recommendations that may help to
22reduce the number of at-risk adult deaths caused by abuse,
23abandonment, and neglect and that may help to improve the
24investigations of deaths of at-risk adults and increase
25prosecutions, if appropriate.
26    (b-5) Each such team shall be composed of representatives



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1of entities and individuals including, but not limited to:
2        (1) the Department on Aging or the delegated regional
3    administrative agency as appointed by the Department;
4        (2) coroners or medical examiners (or both);
5        (3) State's Attorneys;
6        (4) local police departments;
7        (5) forensic units;
8        (6) local health departments;
9        (7) a social service or health care agency that
10    provides services to persons with mental illness, in a
11    program whose accreditation to provide such services is
12    recognized by the Division of Mental Health within the
13    Department of Human Services;
14        (8) a social service or health care agency that
15    provides services to persons with developmental
16    disabilities, in a program whose accreditation to provide
17    such services is recognized by the Division of
18    Developmental Disabilities within the Department of Human
19    Services;
20        (9) a local hospital, trauma center, or provider of
21    emergency medicine;
22        (10) providers of services for eligible adults in
23    domestic living situations; and
24        (11) a physician, psychiatrist, or other health care
25    provider knowledgeable about abuse, abandonment, and
26    neglect of at-risk adults.



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1    (c) A review team shall review cases of deaths of at-risk
2adults occurring in its planning and service area (i)
3involving blunt force trauma or an undetermined manner or
4suspicious cause of death; (ii) if requested by the deceased's
5attending physician or an emergency room physician; (iii) upon
6referral by a health care provider; (iv) upon referral by a
7coroner or medical examiner; (v) constituting an open or
8closed case from an adult protective services agency, law
9enforcement agency, State's Attorney's office, or the
10Department of Human Services' Office of the Inspector General
11that involves alleged or suspected abuse, abandonment,
12neglect, or financial exploitation; or (vi) upon referral by a
13law enforcement agency or State's Attorney's office. If such a
14death occurs in a planning and service area where a review team
15has not yet been established, the Director shall request that
16the Advisory Council or another review team review that death.
17A team may also review deaths of at-risk adults if the alleged
18abuse, abandonment, or neglect occurred while the person was
19residing in a domestic living situation.
20    A review team shall meet not less than 2 4 times a year to
21discuss cases for its possible review. Each review team, with
22the advice and consent of the Department, shall establish
23criteria to be used in discussing cases of alleged, suspected,
24or substantiated abuse, abandonment, or neglect for review and
25shall conduct its activities in accordance with any applicable
26policies and procedures established by the Department.



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1    (c-5) The Illinois Fatality Review Team Advisory Council,
2consisting of one member from each review team in Illinois,
3shall be the coordinating and oversight body for review teams
4and activities in Illinois. The Director may appoint to the
5Advisory Council any ex-officio members deemed necessary.
6Persons with expertise needed by the Advisory Council may be
7invited to meetings. The Advisory Council must select from its
8members a chairperson and a vice-chairperson, each to serve a
92-year term. The chairperson or vice-chairperson may be
10selected to serve additional, subsequent terms. The Advisory
11Council must meet at least 2 4 times during each calendar year.
12    The Department may provide or arrange for the staff
13support necessary for the Advisory Council to carry out its
14duties. The Director, in cooperation and consultation with the
15Advisory Council, shall appoint, reappoint, and remove review
16team members.
17    The Advisory Council has, but is not limited to, the
18following duties:
19        (1) To serve as the voice of review teams in Illinois.
20        (2) To oversee the review teams in order to ensure
21    that the review teams' work is coordinated and in
22    compliance with State statutes and the operating protocol.
23        (3) To ensure that the data, results, findings, and
24    recommendations of the review teams are adequately used in
25    a timely manner to make any necessary changes to the
26    policies, procedures, and State statutes in order to



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1    protect at-risk adults.
2        (4) To collaborate with the Department in order to
3    develop any legislation needed to prevent unnecessary
4    deaths of at-risk adults.
5        (5) To ensure that the review teams' review processes
6    are standardized in order to convey data, findings, and
7    recommendations in a usable format.
8        (6) To serve as a link with review teams throughout
9    the country and to participate in national review team
10    activities.
11        (7) To provide the review teams with the most current
12    information and practices concerning at-risk adult death
13    review and related topics.
14        (8) To perform any other functions necessary to
15    enhance the capability of the review teams to reduce and
16    prevent at-risk adult fatalities.
17    The Advisory Council may prepare an annual report, in
18consultation with the Department, using aggregate data
19gathered by review teams and using the review teams'
20recommendations to develop education, prevention, prosecution,
21or other strategies designed to improve the coordination of
22services for at-risk adults and their families.
23    In any instance where a review team does not operate in
24accordance with established protocol, the Director, in
25consultation and cooperation with the Advisory Council, must
26take any necessary actions to bring the review team into



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1compliance with the protocol.
2    (d) Any document or oral or written communication shared
3within or produced by the review team relating to a case
4discussed or reviewed by the review team is confidential and
5is not admissible as evidence in any civil or criminal
6proceeding, except for use by a State's Attorney's office in
7prosecuting a criminal case against a caregiver. Those records
8and information are, however, subject to discovery or
9subpoena, and are admissible as evidence, to the extent they
10are otherwise available to the public.
11    Any document or oral or written communication provided to
12a review team by an individual or entity, and created by that
13individual or entity solely for the use of the review team, is
14confidential, is not subject to disclosure to or discoverable
15by another party, and is not admissible as evidence in any
16civil or criminal proceeding, except for use by a State's
17Attorney's office in prosecuting a criminal case against a
18caregiver. Those records and information are, however, subject
19to discovery or subpoena, and are admissible as evidence, to
20the extent they are otherwise available to the public.
21    Each entity or individual represented on the fatality
22review team may share with other members of the team
23information in the entity's or individual's possession
24concerning the decedent who is the subject of the review or
25concerning any person who was in contact with the decedent, as
26well as any other information deemed by the entity or



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1individual to be pertinent to the review. Any such information
2shared by an entity or individual with other members of the
3review team is confidential. The intent of this paragraph is
4to permit the disclosure to members of the review team of any
5information deemed confidential or privileged or prohibited
6from disclosure by any other provision of law. Release of
7confidential communication between domestic violence advocates
8and a domestic violence victim shall follow subsection (d) of
9Section 227 of the Illinois Domestic Violence Act of 1986
10which allows for the waiver of privilege afforded to
11guardians, executors, or administrators of the estate of the
12domestic violence victim. This provision relating to the
13release of confidential communication between domestic
14violence advocates and a domestic violence victim shall
15exclude adult protective service providers.
16    A coroner's or medical examiner's office may share with
17the review team medical records that have been made available
18to the coroner's or medical examiner's office in connection
19with that office's investigation of a death.
20    Members of a review team and the Advisory Council are not
21subject to examination, in any civil or criminal proceeding,
22concerning information presented to members of the review team
23or the Advisory Council or opinions formed by members of the
24review team or the Advisory Council based on that information.
25A person may, however, be examined concerning information
26provided to a review team or the Advisory Council.



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1    (d-5) Meetings of the review teams and the Advisory
2Council are exempt from may be closed to the public under the
3Open Meetings Act. Records and information provided to a
4review team and the Advisory Council, and records maintained
5by a team or the Advisory Council, are exempt from release
6under the Freedom of Information Act.
7    (e) A review team's recommendation in relation to a case
8discussed or reviewed by the review team, including, but not
9limited to, a recommendation concerning an investigation or
10prosecution, may be disclosed by the review team upon the
11completion of its review and at the discretion of a majority of
12its members who reviewed the case.
13    (e-5) The State shall indemnify and hold harmless members
14of a review team and the Advisory Council for all their acts,
15omissions, decisions, or other conduct arising out of the
16scope of their service on the review team or Advisory Council,
17except those involving willful or wanton misconduct. The
18method of providing indemnification shall be as provided in
19the State Employee Indemnification Act.
20    (f) The Department, in consultation with coroners, medical
21examiners, and law enforcement agencies, shall use aggregate
22data gathered by and recommendations from the Advisory Council
23and the review teams to create an annual report and may use
24those data and recommendations to develop education,
25prevention, prosecution, or other strategies designed to
26improve the coordination of services for at-risk adults and



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1their families. The Department or other State or county
2agency, in consultation with coroners, medical examiners, and
3law enforcement agencies, also may use aggregate data gathered
4by the review teams to create a database of at-risk
6    (g) The Department shall adopt such rules and regulations
7as it deems necessary to implement this Section.
8(Source: P.A. 102-244, eff. 1-1-22.)
9    (320 ILCS 20/14 rep.)
10    Section 15. The Adult Protective Services Act is amended
11by repealing Section 14.