Illinois Senate Bill SB2799 Introduced / Bill

                    103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2799 Introduced 1/17/2024, by Sen. Laura Fine SYNOPSIS AS INTRODUCED: See Index Amends the Adult Protective Services Act. Expands the definition of abuse to include causing any emotional injury to an adult with disabilities aged 18 through 59 or a person aged 60 or older (eligible adults). Provides that, contingent upon adequate funding, the Department on Aging may provide funding for legal assistance for eligible adults. Provides that, for self-neglect cases, the Department shall establish mandatory standards for the provision of emergent casework and follow-up services to mitigate the risk of harm or death to an eligible adult. Provides that, upon receiving a report of self-neglect, a provider agency shall conduct an unannounced face-to-face visit at the residence of the eligible adult to administer an eligibility screening to quickly determine if the eligible adult is posing a substantial threat to himself or herself or to others. Sets forth the process and procedures for eligibility screenings. Provides that if an eligibility screening indicates self-neglect, the provider agency shall develop and implement within 5 business days a case plan for the eligible adult in consultation with any other appropriate provider of services. Requires the Department to establish, by rule, the time period within which an eligibility screening shall begin and within which a service plan shall be implemented. As to all investigations conducted under the Act, requires a provider agency to notify the eligible adult, the alleged abuser, and the reporter of abuse of the agency's final investigative findings. Makes changes to provisions concerning an eligible adult's capacity to consent to an eligibility screening. Changes the minimal number of times the Illinois Fatality Review Team Advisory Council must meet each calendar year. Makes other changes. Repeals a provision permitting the Department to use qualified volunteers to provide companion-type services to eligible adults. Amends the Open Meetings Act. Exempts from the requirements of the Act meetings conducted by the Illinois Fatality Review Team Advisory Council and regional interagency fatality review teams.  LRB103 37565 KTG 67691 b   A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2799 Introduced 1/17/2024, by Sen. Laura Fine SYNOPSIS AS INTRODUCED:  See Index See Index  Amends the Adult Protective Services Act. Expands the definition of abuse to include causing any emotional injury to an adult with disabilities aged 18 through 59 or a person aged 60 or older (eligible adults). Provides that, contingent upon adequate funding, the Department on Aging may provide funding for legal assistance for eligible adults. Provides that, for self-neglect cases, the Department shall establish mandatory standards for the provision of emergent casework and follow-up services to mitigate the risk of harm or death to an eligible adult. Provides that, upon receiving a report of self-neglect, a provider agency shall conduct an unannounced face-to-face visit at the residence of the eligible adult to administer an eligibility screening to quickly determine if the eligible adult is posing a substantial threat to himself or herself or to others. Sets forth the process and procedures for eligibility screenings. Provides that if an eligibility screening indicates self-neglect, the provider agency shall develop and implement within 5 business days a case plan for the eligible adult in consultation with any other appropriate provider of services. Requires the Department to establish, by rule, the time period within which an eligibility screening shall begin and within which a service plan shall be implemented. As to all investigations conducted under the Act, requires a provider agency to notify the eligible adult, the alleged abuser, and the reporter of abuse of the agency's final investigative findings. Makes changes to provisions concerning an eligible adult's capacity to consent to an eligibility screening. Changes the minimal number of times the Illinois Fatality Review Team Advisory Council must meet each calendar year. Makes other changes. Repeals a provision permitting the Department to use qualified volunteers to provide companion-type services to eligible adults. Amends the Open Meetings Act. Exempts from the requirements of the Act meetings conducted by the Illinois Fatality Review Team Advisory Council and regional interagency fatality review teams.  LRB103 37565 KTG 67691 b     LRB103 37565 KTG 67691 b   A BILL FOR
103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2799 Introduced 1/17/2024, by Sen. Laura Fine SYNOPSIS AS INTRODUCED:
See Index See Index
See Index
Amends the Adult Protective Services Act. Expands the definition of abuse to include causing any emotional injury to an adult with disabilities aged 18 through 59 or a person aged 60 or older (eligible adults). Provides that, contingent upon adequate funding, the Department on Aging may provide funding for legal assistance for eligible adults. Provides that, for self-neglect cases, the Department shall establish mandatory standards for the provision of emergent casework and follow-up services to mitigate the risk of harm or death to an eligible adult. Provides that, upon receiving a report of self-neglect, a provider agency shall conduct an unannounced face-to-face visit at the residence of the eligible adult to administer an eligibility screening to quickly determine if the eligible adult is posing a substantial threat to himself or herself or to others. Sets forth the process and procedures for eligibility screenings. Provides that if an eligibility screening indicates self-neglect, the provider agency shall develop and implement within 5 business days a case plan for the eligible adult in consultation with any other appropriate provider of services. Requires the Department to establish, by rule, the time period within which an eligibility screening shall begin and within which a service plan shall be implemented. As to all investigations conducted under the Act, requires a provider agency to notify the eligible adult, the alleged abuser, and the reporter of abuse of the agency's final investigative findings. Makes changes to provisions concerning an eligible adult's capacity to consent to an eligibility screening. Changes the minimal number of times the Illinois Fatality Review Team Advisory Council must meet each calendar year. Makes other changes. Repeals a provision permitting the Department to use qualified volunteers to provide companion-type services to eligible adults. Amends the Open Meetings Act. Exempts from the requirements of the Act meetings conducted by the Illinois Fatality Review Team Advisory Council and regional interagency fatality review teams.
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A BILL FOR
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1  AN ACT concerning aging.
2  Be it enacted by the People of the State of Illinois,
3  represented in the General Assembly:
4  Section 1. The Opening Meetings Act is amended by changing
5  Section 2 as follows:
6  (5 ILCS 120/2) (from Ch. 102, par. 42)
7  Sec. 2. Open meetings.
8  (a) Openness required. All meetings of public bodies shall
9  be open to the public unless excepted in subsection (c) and
10  closed in accordance with Section 2a.
11  (b) Construction of exceptions. The exceptions contained
12  in subsection (c) are in derogation of the requirement that
13  public bodies meet in the open, and therefore, the exceptions
14  are to be strictly construed, extending only to subjects
15  clearly within their scope. The exceptions authorize but do
16  not require the holding of a closed meeting to discuss a
17  subject included within an enumerated exception.
18  (c) Exceptions. A public body may hold closed meetings to
19  consider the following subjects:
20  (1) The appointment, employment, compensation,
21  discipline, performance, or dismissal of specific
22  employees, specific individuals who serve as independent
23  contractors in a park, recreational, or educational

 

103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2799 Introduced 1/17/2024, by Sen. Laura Fine SYNOPSIS AS INTRODUCED:
See Index See Index
See Index
Amends the Adult Protective Services Act. Expands the definition of abuse to include causing any emotional injury to an adult with disabilities aged 18 through 59 or a person aged 60 or older (eligible adults). Provides that, contingent upon adequate funding, the Department on Aging may provide funding for legal assistance for eligible adults. Provides that, for self-neglect cases, the Department shall establish mandatory standards for the provision of emergent casework and follow-up services to mitigate the risk of harm or death to an eligible adult. Provides that, upon receiving a report of self-neglect, a provider agency shall conduct an unannounced face-to-face visit at the residence of the eligible adult to administer an eligibility screening to quickly determine if the eligible adult is posing a substantial threat to himself or herself or to others. Sets forth the process and procedures for eligibility screenings. Provides that if an eligibility screening indicates self-neglect, the provider agency shall develop and implement within 5 business days a case plan for the eligible adult in consultation with any other appropriate provider of services. Requires the Department to establish, by rule, the time period within which an eligibility screening shall begin and within which a service plan shall be implemented. As to all investigations conducted under the Act, requires a provider agency to notify the eligible adult, the alleged abuser, and the reporter of abuse of the agency's final investigative findings. Makes changes to provisions concerning an eligible adult's capacity to consent to an eligibility screening. Changes the minimal number of times the Illinois Fatality Review Team Advisory Council must meet each calendar year. Makes other changes. Repeals a provision permitting the Department to use qualified volunteers to provide companion-type services to eligible adults. Amends the Open Meetings Act. Exempts from the requirements of the Act meetings conducted by the Illinois Fatality Review Team Advisory Council and regional interagency fatality review teams.
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A BILL FOR

 

 

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

 

 

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1  provided that the body prepares and makes available for
2  public inspection a written decision setting forth its
3  determinative reasoning.
4  (4.5) Evidence or testimony presented to a school
5  board regarding denial of admission to school events or
6  property pursuant to Section 24-24 of the School Code,
7  provided that the school board prepares and makes
8  available for public inspection a written decision setting
9  forth its determinative reasoning.
10  (5) The purchase or lease of real property for the use
11  of the public body, including meetings held for the
12  purpose of discussing whether a particular parcel should
13  be acquired.
14  (6) The setting of a price for sale or lease of
15  property owned by the public body.
16  (7) The sale or purchase of securities, investments,
17  or investment contracts. This exception shall not apply to
18  the investment of assets or income of funds deposited into
19  the Illinois Prepaid Tuition Trust Fund.
20  (8) Security procedures, school building safety and
21  security, and the use of personnel and equipment to
22  respond to an actual, a threatened, or a reasonably
23  potential danger to the safety of employees, students,
24  staff, the public, or public property.
25  (9) Student disciplinary cases.
26  (10) The placement of individual students in special

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1  advisory committee and peer review subcommittee created
2  under Section 320 of the Illinois Controlled Substances
3  Act during which specific controlled substance prescriber,
4  dispenser, or patient information is discussed.
5  (34) Meetings of the Tax Increment Financing Reform
6  Task Force under Section 2505-800 of the Department of
7  Revenue Law of the Civil Administrative Code of Illinois.
8  (35) Meetings of the group established to discuss
9  Medicaid capitation rates under Section 5-30.8 of the
10  Illinois Public Aid Code.
11  (36) Those deliberations or portions of deliberations
12  for decisions of the Illinois Gaming Board in which there
13  is discussed any of the following: (i) personal,
14  commercial, financial, or other information obtained from
15  any source that is privileged, proprietary, confidential,
16  or a trade secret; or (ii) information specifically
17  exempted from the disclosure by federal or State law.
18  (37) Deliberations for decisions of the Illinois Law
19  Enforcement Training Standards Board, the Certification
20  Review Panel, and the Illinois State Police Merit Board
21  regarding certification and decertification.
22  (38) Meetings of the Ad Hoc Statewide Domestic
23  Violence Fatality Review Committee of the Illinois
24  Criminal Justice Information Authority Board that occur in
25  closed executive session under subsection (d) of Section
26  35 of the Domestic Violence Fatality Review Act.

 

 

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1  (39) Meetings of the regional review teams under
2  subsection (a) of Section 75 of the Domestic Violence
3  Fatality Review Act.
4  (40) Meetings of the Firearm Owner's Identification
5  Card Review Board under Section 10 of the Firearm Owners
6  Identification Card Act.
7  (41) Meetings of the Illinois Fatality Review Team
8  Advisory Council and regional interagency fatality review
9  teams under Section 15 of the Adult Protective Services
10  Act.
11  (d) Definitions. For purposes of this Section:
12  "Employee" means a person employed by a public body whose
13  relationship with the public body constitutes an
14  employer-employee relationship under the usual common law
15  rules, and who is not an independent contractor.
16  "Public office" means a position created by or under the
17  Constitution or laws of this State, the occupant of which is
18  charged with the exercise of some portion of the sovereign
19  power of this State. The term "public office" shall include
20  members of the public body, but it shall not include
21  organizational positions filled by members thereof, whether
22  established by law or by a public body itself, that exist to
23  assist the body in the conduct of its business.
24  "Quasi-adjudicative body" means an administrative body
25  charged by law or ordinance with the responsibility to conduct
26  hearings, receive evidence or testimony and make

 

 

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1  determinations based thereon, but does not include local
2  electoral boards when such bodies are considering petition
3  challenges.
4  (e) Final action. No final action may be taken at a closed
5  meeting. Final action shall be preceded by a public recital of
6  the nature of the matter being considered and other
7  information that will inform the public of the business being
8  conducted.
9  (Source: P.A. 102-237, eff. 1-1-22; 102-520, eff. 8-20-21;
10  102-558, eff. 8-20-21; 102-813, eff. 5-13-22; 103-311, eff.
11  7-28-23.)
12  Section 5. The Adult Protective Services Act is amended by
13  changing Sections 2, 3, 3.1, 3.5, 4, 5, 6, 7, 7.1, 9, and 15
14  and by adding Section 5.1 as follows:
15  (320 ILCS 20/2) (from Ch. 23, par. 6602)
16  Sec. 2. Definitions. As used in this Act, unless the
17  context requires otherwise:
18  (a) "Abandonment" means the desertion or willful forsaking
19  of an eligible adult by an individual responsible for the care
20  and custody of that eligible adult under circumstances in
21  which a reasonable person would continue to provide care and
22  custody. Nothing in this Act shall be construed to mean that an
23  eligible adult is a victim of abandonment because of health
24  care services provided or not provided by licensed health care

 

 

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1  professionals.
2  (a-1) "Abuse" means causing any physical, mental,
3  emotional, or sexual injury to an eligible adult, including
4  exploitation of such adult's financial resources, and
5  abandonment.
6  Nothing in this Act shall be construed to mean that an
7  eligible adult is a victim of abuse, abandonment, neglect, or
8  self-neglect for the sole reason that he or she is being
9  furnished with or relies upon treatment by spiritual means
10  through prayer alone, in accordance with the tenets and
11  practices of a recognized church or religious denomination.
12  Nothing in this Act shall be construed to mean that an
13  eligible adult is a victim of abuse because of health care
14  services provided or not provided by licensed health care
15  professionals.
16  Nothing in this Act shall be construed to mean that an
17  eligible adult is a victim of abuse in cases of criminal
18  activity by strangers, telemarketing scams, consumer fraud,
19  internet fraud, home repair disputes, complaints against a
20  homeowners' association, or complaints between landlords and
21  tenants.
22  (a-5) "Abuser" means a person who is a family member,
23  caregiver, or another person who has a continuing relationship
24  with the eligible adult and abuses, abandons, neglects, or
25  financially exploits an eligible adult.
26  (a-6) "Adult with disabilities" means a person aged 18

 

 

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1  through 59 who resides in a domestic living situation and
2  whose disability as defined in subsection (c-5) impairs his or
3  her ability to seek or obtain protection from abuse,
4  abandonment, neglect, or exploitation.
5  (a-7) "Caregiver" means a person who either as a result of
6  a family relationship, voluntarily, or in exchange for
7  compensation has assumed responsibility for all or a portion
8  of the care of an eligible adult who needs assistance with
9  activities of daily living or instrumental activities of daily
10  living.
11  (b) "Department" means the Department on Aging of the
12  State of Illinois.
13  (c) "Director" means the Director of the Department.
14  (c-5) "Disability" means a physical or mental disability,
15  including, but not limited to, a developmental disability, an
16  intellectual disability, a mental illness as defined under the
17  Mental Health and Developmental Disabilities Code, or dementia
18  as defined under the Alzheimer's Disease Assistance Act.
19  (d) "Domestic living situation" means a residence where
20  the eligible adult at the time of the report lives alone or
21  with his or her family or a caregiver, or others, or other
22  community-based unlicensed facility, but is not:
23  (1) A licensed facility as defined in Section 1-113 of
24  the Nursing Home Care Act;
25  (1.5) A facility licensed under the ID/DD Community
26  Care Act;

 

 

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1  (1.6) A facility licensed under the MC/DD Act;
2  (1.7) A facility licensed under the Specialized Mental
3  Health Rehabilitation Act of 2013;
4  (2) A "life care facility" as defined in the Life Care
5  Facilities Act;
6  (3) A home, institution, or other place operated by
7  the federal government or agency thereof or by the State
8  of Illinois;
9  (4) A hospital, sanitarium, or other institution, the
10  principal activity or business of which is the diagnosis,
11  care, and treatment of human illness through the
12  maintenance and operation of organized facilities
13  therefor, which is required to be licensed under the
14  Hospital Licensing Act;
15  (5) A "community living facility" as defined in the
16  Community Living Facilities Licensing Act;
17  (6) (Blank);
18  (7) A "community-integrated living arrangement" as
19  defined in the Community-Integrated Living Arrangements
20  Licensure and Certification Act or a "community
21  residential alternative" as licensed under that Act;
22  (8) An assisted living or shared housing establishment
23  as defined in the Assisted Living and Shared Housing Act;
24  or
25  (9) A supportive living facility as described in
26  Section 5-5.01a of the Illinois Public Aid Code.

 

 

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1  (e) "Eligible adult" means either an adult with
2  disabilities aged 18 through 59 or a person aged 60 or older
3  who resides in a domestic living situation and is, or is
4  alleged to be, abused, abandoned, neglected, or financially
5  exploited by another individual or who neglects himself or
6  herself. "Eligible adult" also includes an adult who resides
7  in any of the facilities that are excluded from the definition
8  of "domestic living situation" under paragraphs (1) through
9  (9) of subsection (d), if either: (i) the alleged abuse,
10  abandonment, or neglect occurs outside of the facility and not
11  under facility supervision and the alleged abuser is a family
12  member, caregiver, or another person who has a continuing
13  relationship with the adult; or (ii) the alleged financial
14  exploitation is perpetrated by a family member, caregiver, or
15  another person who has a continuing relationship with the
16  adult, but who is not an employee of the facility where the
17  adult resides.
18  (f) "Emergency" means a situation in which an eligible
19  adult is living in conditions presenting a risk of death or
20  physical, mental or sexual injury and the provider agency has
21  reason to believe the eligible adult is unable to consent to
22  services which would alleviate that risk.
23  (f-1) "Financial exploitation" means the use of an
24  eligible adult's resources by another to the disadvantage of
25  that adult or the profit or advantage of a person other than
26  that adult.

 

 

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1  (f-3) "Investment advisor" means any person required to
2  register as an investment adviser or investment adviser
3  representative under Section 8 of the Illinois Securities Law
4  of 1953, which for purposes of this Act excludes any bank,
5  trust company, savings bank, or credit union, or their
6  respective employees.
7  (f-5) "Mandated reporter" means any of the following
8  persons while engaged in carrying out their professional
9  duties:
10  (1) a professional or professional's delegate while
11  engaged in: (i) social services, (ii) law enforcement,
12  (iii) education, (iv) the care of an eligible adult or
13  eligible adults, or (v) any of the occupations required to
14  be licensed under the Behavior Analyst Licensing Act, the
15  Clinical Psychologist Licensing Act, the Clinical Social
16  Work and Social Work Practice Act, the Illinois Dental
17  Practice Act, the Dietitian Nutritionist Practice Act, the
18  Marriage and Family Therapy Licensing Act, the Medical
19  Practice Act of 1987, the Naprapathic Practice Act, the
20  Nurse Practice Act, the Nursing Home Administrators
21  Licensing and Disciplinary Act, the Illinois Occupational
22  Therapy Practice Act, the Illinois Optometric Practice Act
23  of 1987, the Pharmacy Practice Act, the Illinois Physical
24  Therapy Act, the Physician Assistant Practice Act of 1987,
25  the Podiatric Medical Practice Act of 1987, the
26  Respiratory Care Practice Act, the Professional Counselor

 

 

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1  and Clinical Professional Counselor Licensing and Practice
2  Act, the Illinois Speech-Language Pathology and Audiology
3  Practice Act, the Veterinary Medicine and Surgery Practice
4  Act of 2004, and the Illinois Public Accounting Act;
5  (1.5) an employee of an entity providing developmental
6  disabilities services or service coordination funded by
7  the Department of Human Services;
8  (2) an employee of a vocational rehabilitation
9  facility prescribed or supervised by the Department of
10  Human Services;
11  (3) an administrator, employee, or person providing
12  services in or through an unlicensed community based
13  facility;
14  (4) any religious practitioner who provides treatment
15  by prayer or spiritual means alone in accordance with the
16  tenets and practices of a recognized church or religious
17  denomination, except as to information received in any
18  confession or sacred communication enjoined by the
19  discipline of the religious denomination to be held
20  confidential;
21  (5) field personnel of the Department of Healthcare
22  and Family Services, Department of Public Health, and
23  Department of Human Services, and any county or municipal
24  health department;
25  (6) personnel of the Department of Human Services, the
26  Guardianship and Advocacy Commission, the State Fire

 

 

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1  Marshal, local fire departments, the Department on Aging
2  and its subsidiary Area Agencies on Aging and provider
3  agencies, except the State Long Term Care Ombudsman and
4  any of his or her representatives or volunteers where
5  prohibited from making such a report pursuant to 45 CFR
6  1324.11(e)(3)(iv);
7  (7) any employee of the State of Illinois not
8  otherwise specified herein who is involved in providing
9  services to eligible adults, including professionals
10  providing medical or rehabilitation services and all other
11  persons having direct contact with eligible adults;
12  (8) a person who performs the duties of a coroner or
13  medical examiner;
14  (9) a person who performs the duties of a paramedic or
15  an emergency medical technician; or
16  (10) a person who performs the duties of an investment
17  advisor.
18  (g) "Neglect" means another individual's failure to
19  provide an eligible adult with or willful withholding from an
20  eligible adult the necessities of life including, but not
21  limited to, food, clothing, shelter or health care. This
22  subsection does not create any new affirmative duty to provide
23  support to eligible adults. Nothing in this Act shall be
24  construed to mean that an eligible adult is a victim of neglect
25  because of health care services provided or not provided by
26  licensed health care professionals.

 

 

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1  (h) "Provider agency" means any public or nonprofit agency
2  in a planning and service area that is selected by the
3  Department or appointed by the regional administrative agency
4  with prior approval by the Department on Aging to receive and
5  assess reports of alleged or suspected abuse, abandonment,
6  neglect, or financial exploitation. A provider agency is also
7  referenced as a "designated agency" in this Act.
8  (i) "Regional administrative agency" means any public or
9  nonprofit agency in a planning and service area that provides
10  regional oversight and performs functions as set forth in
11  subsection (b) of Section 3 of this Act. The Department shall
12  designate an Area Agency on Aging as the regional
13  administrative agency or, in the event the Area Agency on
14  Aging in that planning and service area is deemed by the
15  Department to be unwilling or unable to provide those
16  functions, the Department may serve as the regional
17  administrative agency or designate another qualified entity to
18  serve as the regional administrative agency; any such
19  designation shall be subject to terms set forth by the
20  Department.
21  (i-5) "Self-neglect" means a condition that is the result
22  of an eligible adult's inability, due to physical or mental
23  impairments, or both, or a diminished capacity, to perform
24  essential self-care tasks that substantially threaten his or
25  her own health, including: providing essential food, clothing,
26  shelter, and health care; and obtaining goods and services

 

 

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1  necessary to maintain physical health, mental health,
2  emotional well-being, and general safety. The term includes
3  compulsive hoarding, which is characterized by the acquisition
4  and retention of large quantities of items and materials that
5  produce an extensively cluttered living space, which
6  significantly impairs the performance of essential self-care
7  tasks or otherwise substantially threatens life or safety.
8  (j) "Substantiated case" means a reported case of alleged
9  or suspected abuse, abandonment, neglect, financial
10  exploitation, or self-neglect in which a provider agency,
11  after assessment, determines that there is reason to believe
12  abuse, abandonment, neglect, or financial exploitation has
13  occurred.
14  (k) "Verified" means a determination that there is "clear
15  and convincing evidence" that the specific injury or harm
16  alleged was the result of abuse, abandonment, neglect, or
17  financial exploitation.
18  (Source: P.A. 102-244, eff. 1-1-22; 102-953, eff. 5-27-22;
19  103-329, eff. 1-1-24.)
20  (320 ILCS 20/3) (from Ch. 23, par. 6603)
21  Sec. 3. Responsibilities.
22  (a) The Department shall establish, design, and manage a
23  protective services program for eligible adults who have been,
24  or are alleged to be, victims of abuse, abandonment, neglect,
25  financial exploitation, or self-neglect. The Department may

 

 

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1  develop policies and procedures to effectively administer all
2  aspects of the program defined in this Act. The Department
3  shall contract with or fund, or contract with and fund,
4  regional administrative agencies, provider agencies, or both,
5  for the provision of those functions, and, contingent on
6  adequate funding, with attorneys or legal services provider
7  agencies for the provision of legal assistance pursuant to
8  this Act. Contingent upon adequate funding, the Department, at
9  its discretion, may provide funding for legal assistance for
10  eligible adults. For self-neglect, the program shall include
11  the following services for eligible adults who have been
12  removed from their residences for the purpose of cleanup or
13  repairs: temporary housing; counseling; and caseworker
14  services to try to ensure that the conditions necessitating
15  the removal do not reoccur.
16  (a-1) The Department shall by rule develop standards for
17  minimum staffing levels and staff qualifications. The
18  Department shall by rule establish mandatory standards for the
19  investigation of abuse, abandonment, neglect, and financial
20  exploitation, or self-neglect of eligible adults and mandatory
21  procedures for linking eligible adults to appropriate services
22  and supports. For self-neglect, the Department shall establish
23  mandatory standards for the provision of emergent casework and
24  follow-up services to mitigate the risk of harm or death to the
25  eligible adult.
26  (a-5) A provider agency shall, in accordance with rules

 

 

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1  promulgated by the Department, establish a multi-disciplinary
2  team to act in an advisory role for the purpose of providing
3  professional knowledge and expertise in the handling of
4  complex abuse cases involving eligible adults. Each
5  multi-disciplinary team shall consist of one volunteer
6  representative from the following professions: banking or
7  finance; disability care; health care; law; law enforcement;
8  mental health care; and clergy. A provider agency may also
9  choose to add representatives from the fields of substance
10  abuse, domestic violence, sexual assault, or other related
11  fields. To support multi-disciplinary teams in this role, law
12  enforcement agencies and coroners or medical examiners shall
13  supply records as may be requested in particular cases. A
14  multi-disciplinary team shall meet on an as-needed basis
15  whenever a case received by the provider agency requires
16  consultation of the multi-disciplinary team.
17  (b) Each regional administrative agency shall designate
18  provider agencies within its planning and service area with
19  prior approval by the Department on Aging, monitor the use of
20  services, provide technical assistance to the provider
21  agencies and be involved in program development activities.
22  (c) Provider agencies shall assist, to the extent
23  possible, eligible adults who need agency services to allow
24  them to continue to function independently. Such assistance
25  shall include, but not be limited to, receiving reports of
26  alleged or suspected abuse, abandonment, neglect, financial

 

 

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

 

 

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1  response to a reported death of an eligible adult. A copy of
2  the report shall be maintained and all subsequent follow-up
3  with the law enforcement agency and coroner or medical
4  examiner shall be documented in the case record of the
5  eligible adult. If the law enforcement agency, coroner, or
6  medical examiner determines the reported death was caused by
7  abuse, abandonment, or neglect by a caregiver, the law
8  enforcement agency, coroner, or medical examiner shall inform
9  the Department, and the Department shall report the
10  caregiver's identity on the Registry as described in Section
11  7.5 of this Act.
12  (d) (Blank). Upon sufficient appropriations to implement a
13  statewide program, the Department shall implement a program,
14  based on the recommendations of the Self-Neglect Steering
15  Committee, for (i) responding to reports of possible
16  self-neglect, (ii) protecting the autonomy, rights, privacy,
17  and privileges of adults during investigations of possible
18  self-neglect and consequential judicial proceedings regarding
19  competency, (iii) collecting and sharing relevant information
20  and data among the Department, provider agencies, regional
21  administrative agencies, and relevant seniors, (iv) developing
22  working agreements between provider agencies and law
23  enforcement, where practicable, and (v) developing procedures
24  for collecting data regarding incidents of self-neglect.
25  (Source: P.A. 102-244, eff. 1-1-22.)

 

 

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1  (320 ILCS 20/3.1)
2  Sec. 3.1. Adult protective services dementia training.
3  (a) This Section shall apply to any person who is employed
4  by the Department in the Adult Protective Services division,
5  or is contracted with the Department, and works on the
6  development or implementation of social services to respond to
7  and prevent adult abuse, neglect, or exploitation.
8  (b) The Department shall implement a dementia training
9  program that must include instruction on the identification of
10  people with dementia, risks such as wandering, communication
11  impairments, and elder abuse, and the best practices for
12  interacting with people with dementia.
13  (c) Training of at least 2 hours shall be completed at the
14  start of employment with the Adult Protective Services
15  division. Persons who are employees of the Adult Protective
16  Services division on the effective date of this amendatory Act
17  of the 102nd General Assembly shall complete this training
18  within 6 months after the effective date of this amendatory
19  Act of the 102nd General Assembly. The training shall cover
20  the following subjects:
21  (1) Alzheimer's disease and dementia.
22  (2) Safety risks.
23  (3) Communication and behavior.
24  (d) Annual continuing education shall include at least 2
25  hours of dementia training covering the subjects described in
26  subsection (c).

 

 

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1  (e) This Section is designed to address gaps in current
2  dementia training requirements for Adult Protective Services
3  officials and improve the quality of training. If laws or
4  rules existing on the effective date of this amendatory Act of
5  the 102nd General Assembly contain more rigorous training
6  requirements for Adult Protective Service officials, those
7  laws or rules shall apply. Where there is overlap between this
8  Section and other laws and rules, the Department shall
9  interpret this Section to avoid duplication of requirements
10  while ensuring that the minimum requirements set in this
11  Section are met.
12  (f) The Department may adopt rules for the administration
13  of this Section.
14  (Source: P.A. 102-4, eff. 4-27-21.)
15  (320 ILCS 20/3.5)
16  Sec. 3.5. Other responsibilities. The Department shall
17  also be responsible for the following activities, contingent
18  upon adequate funding; implementation shall be expanded to
19  adults with disabilities upon the effective date of this
20  amendatory Act of the 98th General Assembly, except those
21  responsibilities under subsection (a), which shall be
22  undertaken as soon as practicable:
23  (a) promotion of a wide range of endeavors for the
24  purpose of preventing abuse, abandonment, neglect,
25  financial exploitation, and self-neglect, including, but

 

 

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1  not limited to, promotion of public and professional
2  education to increase awareness of abuse, abandonment,
3  neglect, financial exploitation, and self-neglect; to
4  increase reports; to establish access to and use of the
5  Registry established under Section 7.5; and to improve
6  response by various legal, financial, social, and health
7  systems;
8  (b) coordination of efforts with other agencies,
9  councils, and like entities, to include but not be limited
10  to, the Administrative Office of the Illinois Courts, the
11  Office of the Attorney General, the Illinois State Police,
12  the Illinois Law Enforcement Training Standards Board, the
13  State Triad, the Illinois Criminal Justice Information
14  Authority, the Departments of Public Health, Healthcare
15  and Family Services, and Human Services, the Illinois
16  Guardianship and Advocacy Commission, the Family Violence
17  Coordinating Council, the Illinois Violence Prevention
18  Authority, and other entities which may impact awareness
19  of, and response to, abuse, abandonment, neglect,
20  financial exploitation, and self-neglect;
21  (c) collection and analysis of data;
22  (d) monitoring of the performance of regional
23  administrative agencies and adult protective services
24  agencies;
25  (e) promotion of prevention activities;
26  (f) establishing and coordinating an aggressive

 

 

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1  training program on the unique nature of adult abuse cases
2  with other agencies, councils, and like entities, to
3  include but not be limited to the Office of the Attorney
4  General, the Illinois State Police, the Illinois Law
5  Enforcement Training Standards Board, the State Triad, the
6  Illinois Criminal Justice Information Authority, the State
7  Departments of Public Health, Healthcare and Family
8  Services, and Human Services, the Family Violence
9  Coordinating Council, the Illinois Violence Prevention
10  Authority, the agency designated by the Governor under
11  Section 1 of the Protection and Advocacy for Persons with
12  Developmental Disabilities Act, and other entities that
13  may impact awareness of and response to abuse,
14  abandonment, neglect, financial exploitation, and
15  self-neglect;
16  (g) solicitation of financial institutions for the
17  purpose of making information available to the general
18  public warning of financial exploitation of adults and
19  related financial fraud or abuse, including such
20  information and warnings available through signage or
21  other written materials provided by the Department on the
22  premises of such financial institutions, provided that the
23  manner of displaying or distributing such information is
24  subject to the sole discretion of each financial
25  institution; and
26  (g-1) developing by joint rulemaking with the

 

 

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1  Department of Financial and Professional Regulation
2  minimum training standards which shall be used by
3  financial institutions for their current and new employees
4  with direct customer contact; the Department of Financial
5  and Professional Regulation shall retain sole visitation
6  and enforcement authority under this subsection (g-1); the
7  Department of Financial and Professional Regulation shall
8  provide bi-annual reports to the Department setting forth
9  aggregate statistics on the training programs required
10  under this subsection (g-1). ; and
11  (h) coordinating efforts with utility and electric
12  companies to send notices in utility bills to explain to
13  persons 60 years of age or older their rights regarding
14  telemarketing and home repair fraud.
15  (Source: P.A. 102-244, eff. 1-1-22; 102-538, eff. 8-20-21;
16  102-813, eff. 5-13-22.)
17  (320 ILCS 20/4) (from Ch. 23, par. 6604)
18  Sec. 4. Reports of abuse, abandonment, or neglect.
19  (a) Any person who suspects the abuse, abandonment,
20  neglect, financial exploitation, or self-neglect of an
21  eligible adult may report this suspicion or information about
22  the suspicious death of an eligible adult to an agency
23  designated to receive such reports under this Act or to the
24  Department.
25  (a-5) If any mandated reporter has reason to believe that

 

 

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

 

 

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

 

 

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1  (b) Any person, institution or agency participating in the
2  making of a report, providing information or records related
3  to a report, assessment, or services, or participating in the
4  investigation of a report under this Act in good faith, or
5  taking photographs or x-rays as a result of an authorized
6  assessment, shall have immunity from any civil, criminal or
7  other liability in any civil, criminal or other proceeding
8  brought in consequence of making such report or assessment or
9  on account of submitting or otherwise disclosing such
10  photographs or x-rays to any agency designated to receive
11  reports of alleged or suspected abuse, abandonment, or
12  neglect. Any person, institution or agency authorized by the
13  Department to provide assessment, intervention, or
14  administrative services under this Act shall, in the good
15  faith performance of those services, have immunity from any
16  civil, criminal or other liability in any civil, criminal, or
17  other proceeding brought as a consequence of the performance
18  of those services. For the purposes of any civil, criminal, or
19  other proceeding, the good faith of any person required to
20  report, permitted to report, or participating in an
21  investigation of a report of alleged or suspected abuse,
22  abandonment, neglect, financial exploitation, or self-neglect
23  shall be presumed.
24  (c) The identity of a person making a report of alleged or
25  suspected abuse, abandonment, neglect, financial exploitation,
26  or self-neglect or a report concerning information about the

 

 

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1  suspicious death of an eligible adult under this Act may be
2  disclosed by the Department or other agency provided for in
3  this Act only with such person's written consent or by court
4  order, but is otherwise confidential.
5  (d) The Department shall by rule establish a system for
6  filing and compiling reports made under this Act.
7  (e) Any physician who willfully fails to report as
8  required by this Act shall be referred to the Illinois State
9  Medical Disciplinary Board for action in accordance with
10  subdivision (A)(22) of Section 22 of the Medical Practice Act
11  of 1987. Any dentist or dental hygienist who willfully fails
12  to report as required by this Act shall be referred to the
13  Department of Financial and Professional Regulation for
14  possible disciplinary action in accordance with paragraph 19
15  of Section 23 of the Illinois Dental Practice Act. Any
16  optometrist who willfully fails to report as required by this
17  Act shall be referred to the Department of Financial and
18  Professional Regulation for action in accordance with
19  paragraph (15) of subsection (a) of Section 24 of the Illinois
20  Optometric Practice Act of 1987. Any other mandated reporter
21  required by this Act to report suspected abuse, abandonment,
22  neglect, or financial exploitation who willfully fails to
23  report the same is guilty of a Class A misdemeanor.
24  (Source: P.A. 102-244, eff. 1-1-22; 103-329, eff. 1-1-24.)
25  (320 ILCS 20/5) (from Ch. 23, par. 6605)

 

 

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

 

 

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

 

 

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1  or after a report of a suspicious death, depending upon the
2  circumstances. Where a provider agency has reason to believe
3  the death of an eligible adult may be the result of abuse,
4  abandonment, or neglect, the agency shall immediately report
5  the matter to the coroner or medical examiner and shall
6  cooperate fully with any subsequent investigation.
7  (d) (c) If any person other than the alleged victim refuses
8  to allow the provider agency to begin an investigation,
9  interferes with the provider agency's ability to conduct an
10  investigation, or refuses to give access to an eligible adult,
11  the appropriate law enforcement agency must be consulted
12  regarding the investigation.
13  (Source: P.A. 102-244, eff. 1-1-22; 103-329, eff. 1-1-24.)
14  (320 ILCS 20/5.1 new)
15  Sec. 5.1. Procedure for self-neglect.
16  (a) A provider agency, upon receiving a report of
17  self-neglect, shall conduct an unannounced face-to-face visit
18  at the residence of the eligible adult to administer an
19  eligibility screening within the prescribed timeframe. The
20  eligibility screening is intended to quickly determine if the
21  eligible adult is posing a substantial threat to himself or
22  herself or to others. A full assessment phase shall not be
23  completed for self-neglect cases and eligible adults
24  experiencing self-neglect shall immediately enter the casework
25  phase to begin service referrals to mitigate risk.

 

 

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1  (b) The eligibility screening shall include, but is not
2  limited to:
3  (1) an interview with the eligible adult;
4  (2) interviews or consultations regarding the
5  allegations with immediate family members and other
6  individuals who may have knowledge of the eligible adult's
7  circumstances; and
8  (3) an inquiry of active service providers engaged
9  with the eligible adult who are providing services that
10  are mitigating the risk identified on the intake. These
11  service providers may be, but are not limited to:
12  (i) Managed care organizations.
13  (ii) Case coordination units.
14  (iii) The Department of Human Services' Division
15  of Rehabilitation Services.
16  (iv) The Department of Human Services' Division of
17  Developmental Disabiliti
  es.
18  (v) The Department of Human Services' Division of
19  Mental Health.
20  (c) During the visit, a provider agency shall obtain the
21  consent of the eligible adult before initiating the
22  eligibility screening. If the eligible adult cannot consent,
23  and where the provider agency is acting in the best interest of
24  an eligible adult who is unable to seek assistance for
25  themselves, the provider agency shall conduct the eligibility
26  screening as described in subsection (b).

 

 

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1  (d) When the eligibility screening indicates that the
2  vulnerable adult is experiencing self-neglect, the provider
3  agency shall, within 5 business days and with client consent,
4  develop and implement a case plan.
5  (e) In developing a case plan, the provider agency shall
6  consult with any other appropriate provider of services to
7  ensure that there are no duplications of services. Such
8  providers shall be immune from civil or criminal liability on
9  account of such acts.
10  (f) The service plan shall include alternative, suggested,
11  or recommended services which are appropriate to the needs of
12  the eligible adult and which involve the least restriction of
13  the eligible adult's activities commensurate with his or her
14  needs.
15  (g) Only those services to which consent is provided in
16  accordance with Section 9 shall be provided, contingent upon
17  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
20  period of time within which an assessment or eligibility
21  screening shall begin and within which a service care plan
22  shall be implemented. Such rules shall provide for an
23  expedited 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
3  shall be reviewed by the provider agency on at least a
4  quarterly basis for up to one year to determine whether the
5  service care plan should be continued or modified, except
6  that, upon review, the Department on Aging may grant a waiver
7  to extend the service care plan for up to one additional year.
8  The provider agency shall demonstrate responsiveness to the
9  eligible adult's needs in the provision of services.
10  (Source: P.A. 95-331, eff. 8-21-07.)
11  (320 ILCS 20/7.1)
12  Sec. 7.1. Final investigative report. A provider agency
13  shall prepare a final investigative report, upon the
14  completion or closure of an investigation, in all cases of
15  reported abuse, abandonment, neglect, financial exploitation,
16  or self-neglect of an eligible adult, whether or not there is a
17  substantiated finding. Notice of findings shall be provided to
18  the eligible adult, the alleged abuser, and the reporter by
19  the provider agency.
20  (Source: P.A. 102-244, eff. 1-1-22.)
21  (320 ILCS 20/9) (from Ch. 23, par. 6609)
22  Sec. 9. Authority to consent to services.
23  (a) If an eligible adult consents to an assessment of a
24  reported incident of suspected abuse, abandonment, neglect, or

 

 

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

 

 

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

 

 

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1  financial exploitation, or self-neglect or the provision of
2  necessary services, or both, including relief available under
3  the Illinois Domestic Violence Act of 1986 in accord with
4  established law and Department protocols, procedures, and
5  policies. Petitions filed under this subsection shall be
6  treated as expedited proceedings. When an eligible adult is at
7  risk of serious injury or death and it reasonably appears that
8  the eligible adult lacks capacity to consent to necessary
9  services, the Department or other agency designated under this
10  Act may take action necessary to ameliorate the risk in
11  accordance with administrative rules promulgated by the
12  Department.
13  (d-5) For purposes of this Section, an eligible adult
14  "lacks the capacity to consent" if qualified staff of an
15  agency designated under this Act reasonably determine, in
16  accordance with administrative rules promulgated by the
17  Department, that he or she appears either (i) unable to
18  receive and evaluate information related to the assessment or
19  services or (ii) unable to communicate in any manner decisions
20  related to the assessment of the reported incident or
21  services.
22  (e) Within 15 days after the entry of the ex parte
23  emergency order, the order shall expire, or, if the need for
24  assessment of the reported incident or services continues, the
25  provider agency shall petition for the appointment of a
26  guardian as provided in Article XIa of the Probate Act of 1975

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1  and the review teams to create an annual report and may use
2  those data and recommendations to develop education,
3  prevention, prosecution, or other strategies designed to
4  improve the coordination of services for at-risk adults and
5  their families. The Department or other State or county
6  agency, in consultation with coroners, medical examiners, and
7  law enforcement agencies, also may use aggregate data gathered
8  by the review teams to create a database of at-risk
9  individuals.
10  (g) The Department shall adopt such rules and regulations
11  as it deems necessary to implement this Section.
12  (Source: P.A. 102-244, eff. 1-1-22.)
13  (320 ILCS 20/14 rep.)
14  Section 10. The Adult Protective Services Act is amended
15  by repealing Section 14.
SB2799- 53 -LRB103 37565 KTG 67691 b 1 INDEX 2 Statutes amended in order of appearance  SB2799- 53 -LRB103 37565 KTG 67691 b   SB2799 - 53 - LRB103 37565 KTG 67691 b  1  INDEX 2  Statutes amended in order of appearance
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  SB2799 - 53 - LRB103 37565 KTG 67691 b
1  INDEX
2  Statutes amended in order of appearance

 

 

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  SB2799 - 53 - LRB103 37565 KTG 67691 b
1  INDEX
2  Statutes amended in order of appearance

 

 

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