Illinois 2023-2024 Regular Session

Illinois Senate Bill SB2799 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	Public Act 103-0626
2	1		SB2799 EnrolledLRB103 37565 KTG 67691 b SB2799 Enrolled LRB103 37565 KTG 67691 b
3	2		SB2799 Enrolled LRB103 37565 KTG 67691 b
4		-	AN ACT concerning aging.
5		-	Be it enacted by the People of the State of Illinois,
6		-	represented in the General Assembly:
7		-	Section 5. The Open Meetings Act is amended by changing
8		-	Sections 1.02 and 2 as follows:
9		-	(5 ILCS 120/1.02) (from Ch. 102, par. 41.02)
10		-	Sec. 1.02. For the purposes of this Act:
11		-	"Meeting" means any gathering, whether in person or by
12		-	video or audio conference, telephone call, electronic means
13		-	(such as, without limitation, electronic mail, electronic
14		-	chat, and instant messaging), or other means of
15		-	contemporaneous interactive communication, of a majority of a
16		-	quorum of the members of a public body held for the purpose of
17		-	discussing public business or, for a 5-member public body, a
18		-	quorum of the members of a public body held for the purpose of
19		-	discussing public business.
20		-	Accordingly, for a 5-member public body, 3 members of the
21		-	body constitute a quorum and the affirmative vote of 3 members
22		-	is necessary to adopt any motion, resolution, or ordinance,
23		-	unless a greater number is otherwise required.
24		-	"Public body" includes all legislative, executive,
25		-	administrative or advisory bodies of the State, counties,
26		-	townships, cities, villages, incorporated towns, school
	3	+	1 AN ACT concerning aging.
	4	+	2 Be it enacted by the People of the State of Illinois,
	5	+	3 represented in the General Assembly:
	6	+	4 Section 5. The Open Meetings Act is amended by changing
	7	+	5 Sections 1.02 and 2 as follows:
	8	+	6 (5 ILCS 120/1.02) (from Ch. 102, par. 41.02)
	9	+	7 Sec. 1.02. For the purposes of this Act:
	10	+	8 "Meeting" means any gathering, whether in person or by
	11	+	9 video or audio conference, telephone call, electronic means
	12	+	10 (such as, without limitation, electronic mail, electronic
	13	+	11 chat, and instant messaging), or other means of
	14	+	12 contemporaneous interactive communication, of a majority of a
	15	+	13 quorum of the members of a public body held for the purpose of
	16	+	14 discussing public business or, for a 5-member public body, a
	17	+	15 quorum of the members of a public body held for the purpose of
	18	+	16 discussing public business.
	19	+	17 Accordingly, for a 5-member public body, 3 members of the
	20	+	18 body constitute a quorum and the affirmative vote of 3 members
	21	+	19 is necessary to adopt any motion, resolution, or ordinance,
	22	+	20 unless a greater number is otherwise required.
	23	+	21 "Public body" includes all legislative, executive,
	24	+	22 administrative or advisory bodies of the State, counties,
	25	+	23 townships, cities, villages, incorporated towns, school
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33		-	districts and all other municipal corporations, boards,
34		-	bureaus, committees or commissions of this State, and any
35		-	subsidiary bodies of any of the foregoing including but not
36		-	limited to committees and subcommittees which are supported in
37		-	whole or in part by tax revenue, or which expend tax revenue,
38		-	except the General Assembly and committees or commissions
39		-	thereof. "Public body" includes tourism boards and convention
40		-	or civic center boards located in counties that are contiguous
41		-	to the Mississippi River with populations of more than 250,000
42		-	but less than 300,000. "Public body" includes the Health
43		-	Facilities and Services Review Board. "Public body" does not
44		-	include a child death review team or the Illinois Child Death
45		-	Review Teams Executive Council established under the Child
46		-	Death Review Team Act, an ethics commission acting under the
47		-	State Officials and Employees Ethics Act, a regional youth
48		-	advisory board or the Statewide Youth Advisory Board
49		-	established under the Department of Children and Family
50		-	Services Statewide Youth Advisory Board Act, or the Illinois
51		-	Independent Tax Tribunal, or the regional interagency fatality
52		-	review teams and the Illinois Fatality Review Team Advisory
53		-	Council established under the Adult Protective Services Act.
54		-	(Source: P.A. 97-1129, eff. 8-28-12; 98-806, eff. 1-1-15.)
55		-	(5 ILCS 120/2) (from Ch. 102, par. 42)
56		-	Sec. 2. Open meetings.
57		-	(a) Openness required. All meetings of public bodies shall
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	34	+	1 districts and all other municipal corporations, boards,
	35	+	2 bureaus, committees or commissions of this State, and any
	36	+	3 subsidiary bodies of any of the foregoing including but not
	37	+	4 limited to committees and subcommittees which are supported in
	38	+	5 whole or in part by tax revenue, or which expend tax revenue,
	39	+	6 except the General Assembly and committees or commissions
	40	+	7 thereof. "Public body" includes tourism boards and convention
	41	+	8 or civic center boards located in counties that are contiguous
	42	+	9 to the Mississippi River with populations of more than 250,000
	43	+	10 but less than 300,000. "Public body" includes the Health
	44	+	11 Facilities and Services Review Board. "Public body" does not
	45	+	12 include a child death review team or the Illinois Child Death
	46	+	13 Review Teams Executive Council established under the Child
	47	+	14 Death Review Team Act, an ethics commission acting under the
	48	+	15 State Officials and Employees Ethics Act, a regional youth
	49	+	16 advisory board or the Statewide Youth Advisory Board
	50	+	17 established under the Department of Children and Family
	51	+	18 Services Statewide Youth Advisory Board Act, or the Illinois
	52	+	19 Independent Tax Tribunal, or the regional interagency fatality
	53	+	20 review teams and the Illinois Fatality Review Team Advisory
	54	+	21 Council established under the Adult Protective Services Act.
	55	+	22 (Source: P.A. 97-1129, eff. 8-28-12; 98-806, eff. 1-1-15.)
	56	+	23 (5 ILCS 120/2) (from Ch. 102, par. 42)
	57	+	24 Sec. 2. Open meetings.
	58	+	25 (a) Openness required. All meetings of public bodies shall
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60		-	be open to the public unless excepted in subsection (c) and
61		-	closed in accordance with Section 2a.
62		-	(b) Construction of exceptions. The exceptions contained
63		-	in subsection (c) are in derogation of the requirement that
64		-	public bodies meet in the open, and therefore, the exceptions
65		-	are to be strictly construed, extending only to subjects
66		-	clearly within their scope. The exceptions authorize but do
67		-	not require the holding of a closed meeting to discuss a
68		-	subject included within an enumerated exception.
69		-	(c) Exceptions. A public body may hold closed meetings to
70		-	consider the following subjects:
71		-	(1) The appointment, employment, compensation,
72		-	discipline, performance, or dismissal of specific
73		-	employees, specific individuals who serve as independent
74		-	contractors in a park, recreational, or educational
75		-	setting, or specific volunteers of the public body or
76		-	legal counsel for the public body, including hearing
77		-	testimony on a complaint lodged against an employee, a
78		-	specific individual who serves as an independent
79		-	contractor in a park, recreational, or educational
80		-	setting, or a volunteer of the public body or against
81		-	legal counsel for the public body to determine its
82		-	validity. However, a meeting to consider an increase in
83		-	compensation to a specific employee of a public body that
84		-	is subject to the Local Government Wage Increase
85		-	Transparency Act may not be closed and shall be open to the
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87	62
88		-	public and posted and held in accordance with this Act.
89		-	(2) Collective negotiating matters between the public
90		-	body and its employees or their representatives, or
91		-	deliberations concerning salary schedules for one or more
92		-	classes of employees.
93		-	(3) The selection of a person to fill a public office,
94		-	as defined in this Act, including a vacancy in a public
95		-	office, when the public body is given power to appoint
96		-	under law or ordinance, or the discipline, performance or
97		-	removal of the occupant of a public office, when the
98		-	public body is given power to remove the occupant under
99		-	law or ordinance.
100		-	(4) Evidence or testimony presented in open hearing,
101		-	or in closed hearing where specifically authorized by law,
102		-	to a quasi-adjudicative body, as defined in this Act,
103		-	provided that the body prepares and makes available for
104		-	public inspection a written decision setting forth its
105		-	determinative reasoning.
106		-	(4.5) Evidence or testimony presented to a school
107		-	board regarding denial of admission to school events or
108		-	property pursuant to Section 24-24 of the School Code,
109		-	provided that the school board prepares and makes
110		-	available for public inspection a written decision setting
111		-	forth its determinative reasoning.
112		-	(5) The purchase or lease of real property for the use
113		-	of the public body, including meetings held for the
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116		-	purpose of discussing whether a particular parcel should
117		-	be acquired.
118		-	(6) The setting of a price for sale or lease of
119		-	property owned by the public body.
120		-	(7) The sale or purchase of securities, investments,
121		-	or investment contracts. This exception shall not apply to
122		-	the investment of assets or income of funds deposited into
123		-	the Illinois Prepaid Tuition Trust Fund.
124		-	(8) Security procedures, school building safety and
125		-	security, and the use of personnel and equipment to
126		-	respond to an actual, a threatened, or a reasonably
127		-	potential danger to the safety of employees, students,
128		-	staff, the public, or public property.
129		-	(9) Student disciplinary cases.
130		-	(10) The placement of individual students in special
131		-	education programs and other matters relating to
132		-	individual students.
133		-	(11) Litigation, when an action against, affecting or
134		-	on behalf of the particular public body has been filed and
135		-	is pending before a court or administrative tribunal, or
136		-	when the public body finds that an action is probable or
137		-	imminent, in which case the basis for the finding shall be
138		-	recorded and entered into the minutes of the closed
139		-	meeting.
140		-	(12) The establishment of reserves or settlement of
141		-	claims as provided in the Local Governmental and
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	69	+	1 be open to the public unless excepted in subsection (c) and
	70	+	2 closed in accordance with Section 2a.
	71	+	3 (b) Construction of exceptions. The exceptions contained
	72	+	4 in subsection (c) are in derogation of the requirement that
	73	+	5 public bodies meet in the open, and therefore, the exceptions
	74	+	6 are to be strictly construed, extending only to subjects
	75	+	7 clearly within their scope. The exceptions authorize but do
	76	+	8 not require the holding of a closed meeting to discuss a
	77	+	9 subject included within an enumerated exception.
	78	+	10 (c) Exceptions. A public body may hold closed meetings to
	79	+	11 consider the following subjects:
	80	+	12 (1) The appointment, employment, compensation,
	81	+	13 discipline, performance, or dismissal of specific
	82	+	14 employees, specific individuals who serve as independent
	83	+	15 contractors in a park, recreational, or educational
	84	+	16 setting, or specific volunteers of the public body or
	85	+	17 legal counsel for the public body, including hearing
	86	+	18 testimony on a complaint lodged against an employee, a
	87	+	19 specific individual who serves as an independent
	88	+	20 contractor in a park, recreational, or educational
	89	+	21 setting, or a volunteer of the public body or against
	90	+	22 legal counsel for the public body to determine its
	91	+	23 validity. However, a meeting to consider an increase in
	92	+	24 compensation to a specific employee of a public body that
	93	+	25 is subject to the Local Government Wage Increase
	94	+	26 Transparency Act may not be closed and shall be open to the
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144		-	Governmental Employees Tort Immunity Act, if otherwise the
145		-	disposition of a claim or potential claim might be
146		-	prejudiced, or the review or discussion of claims, loss or
147		-	risk management information, records, data, advice or
148		-	communications from or with respect to any insurer of the
149		-	public body or any intergovernmental risk management
150		-	association or self insurance pool of which the public
151		-	body is a member.
152		-	(13) Conciliation of complaints of discrimination in
153		-	the sale or rental of housing, when closed meetings are
154		-	authorized by the law or ordinance prescribing fair
155		-	housing practices and creating a commission or
156		-	administrative agency for their enforcement.
157		-	(14) Informant sources, the hiring or assignment of
158		-	undercover personnel or equipment, or ongoing, prior or
159		-	future criminal investigations, when discussed by a public
160		-	body with criminal investigatory responsibilities.
161		-	(15) Professional ethics or performance when
162		-	considered by an advisory body appointed to advise a
163		-	licensing or regulatory agency on matters germane to the
164		-	advisory body's field of competence.
165		-	(16) Self evaluation, practices and procedures or
166		-	professional ethics, when meeting with a representative of
167		-	a statewide association of which the public body is a
168		-	member.
169		-	(17) The recruitment, credentialing, discipline or
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172		-	formal peer review of physicians or other health care
173		-	professionals, or for the discussion of matters protected
174		-	under the federal Patient Safety and Quality Improvement
175		-	Act of 2005, and the regulations promulgated thereunder,
176		-	including 42 C.F.R. Part 3 (73 FR 70732), or the federal
177		-	Health Insurance Portability and Accountability Act of
178		-	1996, and the regulations promulgated thereunder,
179		-	including 45 C.F.R. Parts 160, 162, and 164, by a
180		-	hospital, or other institution providing medical care,
181		-	that is operated by the public body.
182		-	(18) Deliberations for decisions of the Prisoner
183		-	Review Board.
184		-	(19) Review or discussion of applications received
185		-	under the Experimental Organ Transplantation Procedures
186		-	Act.
187		-	(20) The classification and discussion of matters
188		-	classified as confidential or continued confidential by
189		-	the State Government Suggestion Award Board.
190		-	(21) Discussion of minutes of meetings lawfully closed
191		-	under this Act, whether for purposes of approval by the
192		-	body of the minutes or semi-annual review of the minutes
193		-	as mandated by Section 2.06.
194		-	(22) Deliberations for decisions of the State
195		-	Emergency Medical Services Disciplinary Review Board.
196		-	(23) The operation by a municipality of a municipal
197		-	utility or the operation of a municipal power agency or
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200		-	municipal natural gas agency when the discussion involves
201		-	(i) contracts relating to the purchase, sale, or delivery
202		-	of electricity or natural gas or (ii) the results or
203		-	conclusions of load forecast studies.
204		-	(24) Meetings of a residential health care facility
205		-	resident sexual assault and death review team or the
206		-	Executive Council under the Abuse Prevention Review Team
207		-	Act.
208		-	(25) Meetings of an independent team of experts under
209		-	Brian's Law.
210		-	(26) Meetings of a mortality review team appointed
211		-	under the Department of Juvenile Justice Mortality Review
212		-	Team Act.
213		-	(27) (Blank).
214		-	(28) Correspondence and records (i) that may not be
215		-	disclosed under Section 11-9 of the Illinois Public Aid
216		-	Code or (ii) that pertain to appeals under Section 11-8 of
217		-	the Illinois Public Aid Code.
218		-	(29) Meetings between internal or external auditors
219		-	and governmental audit committees, finance committees, and
220		-	their equivalents, when the discussion involves internal
221		-	control weaknesses, identification of potential fraud risk
222		-	areas, known or suspected frauds, and fraud interviews
223		-	conducted in accordance with generally accepted auditing
224		-	standards of the United States of America.
225		-	(30) (Blank). Those meetings or portions of meetings
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	105	+	1 public and posted and held in accordance with this Act.
	106	+	2 (2) Collective negotiating matters between the public
	107	+	3 body and its employees or their representatives, or
	108	+	4 deliberations concerning salary schedules for one or more
	109	+	5 classes of employees.
	110	+	6 (3) The selection of a person to fill a public office,
	111	+	7 as defined in this Act, including a vacancy in a public
	112	+	8 office, when the public body is given power to appoint
	113	+	9 under law or ordinance, or the discipline, performance or
	114	+	10 removal of the occupant of a public office, when the
	115	+	11 public body is given power to remove the occupant under
	116	+	12 law or ordinance.
	117	+	13 (4) Evidence or testimony presented in open hearing,
	118	+	14 or in closed hearing where specifically authorized by law,
	119	+	15 to a quasi-adjudicative body, as defined in this Act,
	120	+	16 provided that the body prepares and makes available for
	121	+	17 public inspection a written decision setting forth its
	122	+	18 determinative reasoning.
	123	+	19 (4.5) Evidence or testimony presented to a school
	124	+	20 board regarding denial of admission to school events or
	125	+	21 property pursuant to Section 24-24 of the School Code,
	126	+	22 provided that the school board prepares and makes
	127	+	23 available for public inspection a written decision setting
	128	+	24 forth its determinative reasoning.
	129	+	25 (5) The purchase or lease of real property for the use
	130	+	26 of the public body, including meetings held for the
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228		-	of a fatality review team or the Illinois Fatality Review
229		-	Team Advisory Council during which a review of the death
230		-	of an eligible adult in which abuse or neglect is
231		-	suspected, alleged, or substantiated is conducted pursuant
232		-	to Section 15 of the Adult Protective Services Act.
233		-	(31) Meetings and deliberations for decisions of the
234		-	Concealed Carry Licensing Review Board under the Firearm
235		-	Concealed Carry Act.
236		-	(32) Meetings between the Regional Transportation
237		-	Authority Board and its Service Boards when the discussion
238		-	involves review by the Regional Transportation Authority
239		-	Board of employment contracts under Section 28d of the
240		-	Metropolitan Transit Authority Act and Sections 3A.18 and
241		-	3B.26 of the Regional Transportation Authority Act.
242		-	(33) Those meetings or portions of meetings of the
243		-	advisory committee and peer review subcommittee created
244		-	under Section 320 of the Illinois Controlled Substances
245		-	Act during which specific controlled substance prescriber,
246		-	dispenser, or patient information is discussed.
247		-	(34) Meetings of the Tax Increment Financing Reform
248		-	Task Force under Section 2505-800 of the Department of
249		-	Revenue Law of the Civil Administrative Code of Illinois.
250		-	(35) Meetings of the group established to discuss
251		-	Medicaid capitation rates under Section 5-30.8 of the
252		-	Illinois Public Aid Code.
253		-	(36) Those deliberations or portions of deliberations
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256		-	for decisions of the Illinois Gaming Board in which there
257		-	is discussed any of the following: (i) personal,
258		-	commercial, financial, or other information obtained from
259		-	any source that is privileged, proprietary, confidential,
260		-	or a trade secret; or (ii) information specifically
261		-	exempted from the disclosure by federal or State law.
262		-	(37) Deliberations for decisions of the Illinois Law
263		-	Enforcement Training Standards Board, the Certification
264		-	Review Panel, and the Illinois State Police Merit Board
265		-	regarding certification and decertification.
266		-	(38) Meetings of the Ad Hoc Statewide Domestic
267		-	Violence Fatality Review Committee of the Illinois
268		-	Criminal Justice Information Authority Board that occur in
269		-	closed executive session under subsection (d) of Section
270		-	35 of the Domestic Violence Fatality Review Act.
271		-	(39) Meetings of the regional review teams under
272		-	subsection (a) of Section 75 of the Domestic Violence
273		-	Fatality Review Act.
274		-	(40) Meetings of the Firearm Owner's Identification
275		-	Card Review Board under Section 10 of the Firearm Owners
276		-	Identification Card Act.
277		-	(d) Definitions. For purposes of this Section:
278		-	"Employee" means a person employed by a public body whose
279		-	relationship with the public body constitutes an
280		-	employer-employee relationship under the usual common law
281		-	rules, and who is not an independent contractor.
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284		-	"Public office" means a position created by or under the
285		-	Constitution or laws of this State, the occupant of which is
286		-	charged with the exercise of some portion of the sovereign
287		-	power of this State. The term "public office" shall include
288		-	members of the public body, but it shall not include
289		-	organizational positions filled by members thereof, whether
290		-	established by law or by a public body itself, that exist to
291		-	assist the body in the conduct of its business.
292		-	"Quasi-adjudicative body" means an administrative body
293		-	charged by law or ordinance with the responsibility to conduct
294		-	hearings, receive evidence or testimony and make
295		-	determinations based thereon, but does not include local
296		-	electoral boards when such bodies are considering petition
297		-	challenges.
298		-	(e) Final action. No final action may be taken at a closed
299		-	meeting. Final action shall be preceded by a public recital of
300		-	the nature of the matter being considered and other
301		-	information that will inform the public of the business being
302		-	conducted.
303		-	(Source: P.A. 102-237, eff. 1-1-22; 102-520, eff. 8-20-21;
304		-	102-558, eff. 8-20-21; 102-813, eff. 5-13-22; 103-311, eff.
305		-	7-28-23.)
306		-	Section 10. The Adult Protective Services Act is amended
307		-	by changing Sections 2, 3, 3.1, 3.5, 4, 5, 6, 7, 7.1, 9, and 15
308		-	and by adding Section 5.1 as follows:
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	141	+	1 purpose of discussing whether a particular parcel should
	142	+	2 be acquired.
	143	+	3 (6) The setting of a price for sale or lease of
	144	+	4 property owned by the public body.
	145	+	5 (7) The sale or purchase of securities, investments,
	146	+	6 or investment contracts. This exception shall not apply to
	147	+	7 the investment of assets or income of funds deposited into
	148	+	8 the Illinois Prepaid Tuition Trust Fund.
	149	+	9 (8) Security procedures, school building safety and
	150	+	10 security, and the use of personnel and equipment to
	151	+	11 respond to an actual, a threatened, or a reasonably
	152	+	12 potential danger to the safety of employees, students,
	153	+	13 staff, the public, or public property.
	154	+	14 (9) Student disciplinary cases.
	155	+	15 (10) The placement of individual students in special
	156	+	16 education programs and other matters relating to
	157	+	17 individual students.
	158	+	18 (11) Litigation, when an action against, affecting or
	159	+	19 on behalf of the particular public body has been filed and
	160	+	20 is pending before a court or administrative tribunal, or
	161	+	21 when the public body finds that an action is probable or
	162	+	22 imminent, in which case the basis for the finding shall be
	163	+	23 recorded and entered into the minutes of the closed
	164	+	24 meeting.
	165	+	25 (12) The establishment of reserves or settlement of
	166	+	26 claims as provided in the Local Governmental and
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310	168
311		-	(320 ILCS 20/2) (from Ch. 23, par. 6602)
312		-	Sec. 2. Definitions. As used in this Act, unless the
313		-	context requires otherwise:
314		-	(a) "Abandonment" means the desertion or willful forsaking
315		-	of an eligible adult by an individual responsible for the care
316		-	and custody of that eligible adult under circumstances in
317		-	which a reasonable person would continue to provide care and
318		-	custody. Nothing in this Act shall be construed to mean that an
319		-	eligible adult is a victim of abandonment because of health
320		-	care services provided or not provided by licensed health care
321		-	professionals.
322		-	(a-1) "Abuse" means causing any physical, mental or sexual
323		-	injury to an eligible adult, including exploitation of such
324		-	adult's financial resources, and abandonment or subjecting an
325		-	eligible adult to an environment which creates a likelihood of
326		-	harm to the eligible adult's health, physical and emotional
327		-	well-being, or welfare.
328		-	Nothing in this Act shall be construed to mean that an
329		-	eligible adult is a victim of abuse, abandonment, neglect, or
330		-	self-neglect for the sole reason that he or she is being
331		-	furnished with or relies upon treatment by spiritual means
332		-	through prayer alone, in accordance with the tenets and
333		-	practices of a recognized church or religious denomination.
334		-	Nothing in this Act shall be construed to mean that an
335		-	eligible adult is a victim of abuse because of health care
336	169
337	170
338		-	services provided or not provided by licensed health care
339		-	professionals.
340		-	Nothing in this Act shall be construed to mean that an
341		-	eligible adult is a victim of abuse in cases of criminal
342		-	activity by strangers, telemarketing scams, consumer fraud,
343		-	internet fraud, home repair disputes, complaints against a
344		-	homeowners' association, or complaints between landlords and
345		-	tenants.
346		-	(a-5) "Abuser" means a person who is a family member,
347		-	caregiver, or another person who has a continuing relationship
348		-	with the eligible adult and abuses, abandons, neglects, or
349		-	financially exploits an eligible adult.
350		-	(a-6) "Adult with disabilities" means a person aged 18
351		-	through 59 who resides in a domestic living situation and
352		-	whose disability as defined in subsection (c-5) impairs his or
353		-	her ability to seek or obtain protection from abuse,
354		-	abandonment, neglect, or exploitation.
355		-	(a-7) "Caregiver" means a person who either as a result of
356		-	a family relationship, voluntarily, or in exchange for
357		-	compensation has assumed responsibility for all or a portion
358		-	of the care of an eligible adult who needs assistance with
359		-	activities of daily living or instrumental activities of daily
360		-	living.
361		-	(b) "Department" means the Department on Aging of the
362		-	State of Illinois.
363		-	(c) "Director" means the Director of the Department.
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364	173
365	174
366		-	(c-5) "Disability" means a physical or mental disability,
367		-	including, but not limited to, a developmental disability, an
368		-	intellectual disability, a mental illness as defined under the
369		-	Mental Health and Developmental Disabilities Code, or dementia
370		-	as defined under the Alzheimer's Disease Assistance Act.
371		-	(d) "Domestic living situation" means a residence where
372		-	the eligible adult at the time of the report lives alone or
373		-	with his or her family or a caregiver, or others, or other
374		-	community-based unlicensed facility, but is not:
375		-	(1) A licensed facility as defined in Section 1-113 of
376		-	the Nursing Home Care Act;
377		-	(1.5) A facility licensed under the ID/DD Community
378		-	Care Act;
379		-	(1.6) A facility licensed under the MC/DD Act;
380		-	(1.7) A facility licensed under the Specialized Mental
381		-	Health Rehabilitation Act of 2013;
382		-	(2) A "life care facility" as defined in the Life Care
383		-	Facilities Act;
384		-	(3) A home, institution, or other place operated by
385		-	the federal government or agency thereof or by the State
386		-	of Illinois;
387		-	(4) A hospital, sanitarium, or other institution, the
388		-	principal activity or business of which is the diagnosis,
389		-	care, and treatment of human illness through the
390		-	maintenance and operation of organized facilities
391		-	therefor, which is required to be licensed under the
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	177	+	1 Governmental Employees Tort Immunity Act, if otherwise the
	178	+	2 disposition of a claim or potential claim might be
	179	+	3 prejudiced, or the review or discussion of claims, loss or
	180	+	4 risk management information, records, data, advice or
	181	+	5 communications from or with respect to any insurer of the
	182	+	6 public body or any intergovernmental risk management
	183	+	7 association or self insurance pool of which the public
	184	+	8 body is a member.
	185	+	9 (13) Conciliation of complaints of discrimination in
	186	+	10 the sale or rental of housing, when closed meetings are
	187	+	11 authorized by the law or ordinance prescribing fair
	188	+	12 housing practices and creating a commission or
	189	+	13 administrative agency for their enforcement.
	190	+	14 (14) Informant sources, the hiring or assignment of
	191	+	15 undercover personnel or equipment, or ongoing, prior or
	192	+	16 future criminal investigations, when discussed by a public
	193	+	17 body with criminal investigatory responsibilities.
	194	+	18 (15) Professional ethics or performance when
	195	+	19 considered by an advisory body appointed to advise a
	196	+	20 licensing or regulatory agency on matters germane to the
	197	+	21 advisory body's field of competence.
	198	+	22 (16) Self evaluation, practices and procedures or
	199	+	23 professional ethics, when meeting with a representative of
	200	+	24 a statewide association of which the public body is a
	201	+	25 member.
	202	+	26 (17) The recruitment, credentialing, discipline or
392	203
393	204
394		-	Hospital Licensing Act;
395		-	(5) A "community living facility" as defined in the
396		-	Community Living Facilities Licensing Act;
397		-	(6) (Blank);
398		-	(7) A "community-integrated living arrangement" as
399		-	defined in the Community-Integrated Living Arrangements
400		-	Licensure and Certification Act or a "community
401		-	residential alternative" as licensed under that Act;
402		-	(8) An assisted living or shared housing establishment
403		-	as defined in the Assisted Living and Shared Housing Act;
404		-	or
405		-	(9) A supportive living facility as described in
406		-	Section 5-5.01a of the Illinois Public Aid Code.
407		-	(e) "Eligible adult" means either an adult with
408		-	disabilities aged 18 through 59 or a person aged 60 or older
409		-	who resides in a domestic living situation and is, or is
410		-	alleged to be, abused, abandoned, neglected, or financially
411		-	exploited by another individual or who neglects himself or
412		-	herself. "Eligible adult" also includes an adult who resides
413		-	in any of the facilities that are excluded from the definition
414		-	of "domestic living situation" under paragraphs (1) through
415		-	(9) of subsection (d), if either: (i) the alleged abuse,
416		-	abandonment, or neglect occurs outside of the facility and not
417		-	under facility supervision and the alleged abuser is a family
418		-	member, caregiver, or another person who has a continuing
419		-	relationship with the adult; or (ii) the alleged financial
420	205
421	206
422		-	exploitation is perpetrated by a family member, caregiver, or
423		-	another person who has a continuing relationship with the
424		-	adult, but who is not an employee of the facility where the
425		-	adult resides.
426		-	(f) "Emergency" means a situation in which an eligible
427		-	adult is living in conditions presenting a risk of death or
428		-	physical, mental or sexual injury and the provider agency has
429		-	reason to believe the eligible adult is unable to consent to
430		-	services which would alleviate that risk.
431		-	(f-1) "Financial exploitation" means the use of an
432		-	eligible adult's resources by another to the disadvantage of
433		-	that adult or the profit or advantage of a person other than
434		-	that adult.
435		-	(f-3) "Investment advisor" means any person required to
436		-	register as an investment adviser or investment adviser
437		-	representative under Section 8 of the Illinois Securities Law
438		-	of 1953, which for purposes of this Act excludes any bank,
439		-	trust company, savings bank, or credit union, or their
440		-	respective employees.
441		-	(f-5) "Mandated reporter" means any of the following
442		-	persons while engaged in carrying out their professional
443		-	duties:
444		-	(1) a professional or professional's delegate while
445		-	engaged in: (i) social services, (ii) law enforcement,
446		-	(iii) education, (iv) the care of an eligible adult or
447		-	eligible adults, or (v) any of the occupations required to
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448	209
449	210
450		-	be licensed under the Behavior Analyst Licensing Act, the
451		-	Clinical Psychologist Licensing Act, the Clinical Social
452		-	Work and Social Work Practice Act, the Illinois Dental
453		-	Practice Act, the Dietitian Nutritionist Practice Act, the
454		-	Marriage and Family Therapy Licensing Act, the Medical
455		-	Practice Act of 1987, the Naprapathic Practice Act, the
456		-	Nurse Practice Act, the Nursing Home Administrators
457		-	Licensing and Disciplinary Act, the Illinois Occupational
458		-	Therapy Practice Act, the Illinois Optometric Practice Act
459		-	of 1987, the Pharmacy Practice Act, the Illinois Physical
460		-	Therapy Act, the Physician Assistant Practice Act of 1987,
461		-	the Podiatric Medical Practice Act of 1987, the
462		-	Respiratory Care Practice Act, the Professional Counselor
463		-	and Clinical Professional Counselor Licensing and Practice
464		-	Act, the Illinois Speech-Language Pathology and Audiology
465		-	Practice Act, the Veterinary Medicine and Surgery Practice
466		-	Act of 2004, and the Illinois Public Accounting Act;
467		-	(1.5) an employee of an entity providing developmental
468		-	disabilities services or service coordination funded by
469		-	the Department of Human Services;
470		-	(2) an employee of a vocational rehabilitation
471		-	facility prescribed or supervised by the Department of
472		-	Human Services;
473		-	(3) an administrator, employee, or person providing
474		-	services in or through an unlicensed community based
475		-	facility;
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	213	+	1 formal peer review of physicians or other health care
	214	+	2 professionals, or for the discussion of matters protected
	215	+	3 under the federal Patient Safety and Quality Improvement
	216	+	4 Act of 2005, and the regulations promulgated thereunder,
	217	+	5 including 42 C.F.R. Part 3 (73 FR 70732), or the federal
	218	+	6 Health Insurance Portability and Accountability Act of
	219	+	7 1996, and the regulations promulgated thereunder,
	220	+	8 including 45 C.F.R. Parts 160, 162, and 164, by a
	221	+	9 hospital, or other institution providing medical care,
	222	+	10 that is operated by the public body.
	223	+	11 (18) Deliberations for decisions of the Prisoner
	224	+	12 Review Board.
	225	+	13 (19) Review or discussion of applications received
	226	+	14 under the Experimental Organ Transplantation Procedures
	227	+	15 Act.
	228	+	16 (20) The classification and discussion of matters
	229	+	17 classified as confidential or continued confidential by
	230	+	18 the State Government Suggestion Award Board.
	231	+	19 (21) Discussion of minutes of meetings lawfully closed
	232	+	20 under this Act, whether for purposes of approval by the
	233	+	21 body of the minutes or semi-annual review of the minutes
	234	+	22 as mandated by Section 2.06.
	235	+	23 (22) Deliberations for decisions of the State
	236	+	24 Emergency Medical Services Disciplinary Review Board.
	237	+	25 (23) The operation by a municipality of a municipal
	238	+	26 utility or the operation of a municipal power agency or
476	239
477	240
478		-	(4) any religious practitioner who provides treatment
479		-	by prayer or spiritual means alone in accordance with the
480		-	tenets and practices of a recognized church or religious
481		-	denomination, except as to information received in any
482		-	confession or sacred communication enjoined by the
483		-	discipline of the religious denomination to be held
484		-	confidential;
485		-	(5) field personnel of the Department of Healthcare
486		-	and Family Services, Department of Public Health, and
487		-	Department of Human Services, and any county or municipal
488		-	health department;
489		-	(6) personnel of the Department of Human Services, the
490		-	Guardianship and Advocacy Commission, the State Fire
491		-	Marshal, local fire departments, the Department on Aging
492		-	and its subsidiary Area Agencies on Aging and provider
493		-	agencies, except the State Long Term Care Ombudsman and
494		-	any of his or her representatives or volunteers where
495		-	prohibited from making such a report pursuant to 45 CFR
496		-	1324.11(e)(3)(iv);
497		-	(7) any employee of the State of Illinois not
498		-	otherwise specified herein who is involved in providing
499		-	services to eligible adults, including professionals
500		-	providing medical or rehabilitation services and all other
501		-	persons having direct contact with eligible adults;
502		-	(8) a person who performs the duties of a coroner or
503		-	medical examiner;
504	241
505	242
506		-	(9) a person who performs the duties of a paramedic or
507		-	an emergency medical technician; or
508		-	(10) a person who performs the duties of an investment
509		-	advisor.
510		-	(g) "Neglect" means another individual's failure to
511		-	provide an eligible adult with or willful withholding from an
512		-	eligible adult the necessities of life including, but not
513		-	limited to, food, clothing, shelter or health care. This
514		-	subsection does not create any new affirmative duty to provide
515		-	support to eligible adults. Nothing in this Act shall be
516		-	construed to mean that an eligible adult is a victim of neglect
517		-	because of health care services provided or not provided by
518		-	licensed health care professionals.
519		-	(h) "Provider agency" means any public or nonprofit agency
520		-	in a planning and service area that is selected by the
521		-	Department or appointed by the regional administrative agency
522		-	with prior approval by the Department on Aging to receive and
523		-	assess reports of alleged or suspected abuse, abandonment,
524		-	neglect, or financial exploitation. A provider agency is also
525		-	referenced as a "designated agency" in this Act.
526		-	(i) "Regional administrative agency" means any public or
527		-	nonprofit agency in a planning and service area that provides
528		-	regional oversight and performs functions as set forth in
529		-	subsection (b) of Section 3 of this Act. The Department shall
530		-	designate an Area Agency on Aging as the regional
531		-	administrative agency or, in the event the Area Agency on
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532	245
533	246
534		-	Aging in that planning and service area is deemed by the
535		-	Department to be unwilling or unable to provide those
536		-	functions, the Department may serve as the regional
537		-	administrative agency or designate another qualified entity to
538		-	serve as the regional administrative agency; any such
539		-	designation shall be subject to terms set forth by the
540		-	Department.
541		-	(i-5) "Self-neglect" means a condition that is the result
542		-	of an eligible adult's inability, due to physical or mental
543		-	impairments, or both, or a diminished capacity, to perform
544		-	essential self-care tasks that substantially threaten his or
545		-	her own health, including: providing essential food, clothing,
546		-	shelter, and health care; and obtaining goods and services
547		-	necessary to maintain physical health, mental health,
548		-	emotional well-being, and general safety. The term includes
549		-	compulsive hoarding, which is characterized by the acquisition
550		-	and retention of large quantities of items and materials that
551		-	produce an extensively cluttered living space, which
552		-	significantly impairs the performance of essential self-care
553		-	tasks or otherwise substantially threatens life or safety.
554		-	(j) "Substantiated case" means a reported case of alleged
555		-	or suspected abuse, abandonment, neglect, financial
556		-	exploitation, or self-neglect in which a provider agency,
557		-	after assessment, determines that there is reason to believe
558		-	abuse, abandonment, neglect, or financial exploitation has
559		-	occurred.
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	249	+	1 municipal natural gas agency when the discussion involves
	250	+	2 (i) contracts relating to the purchase, sale, or delivery
	251	+	3 of electricity or natural gas or (ii) the results or
	252	+	4 conclusions of load forecast studies.
	253	+	5 (24) Meetings of a residential health care facility
	254	+	6 resident sexual assault and death review team or the
	255	+	7 Executive Council under the Abuse Prevention Review Team
	256	+	8 Act.
	257	+	9 (25) Meetings of an independent team of experts under
	258	+	10 Brian's Law.
	259	+	11 (26) Meetings of a mortality review team appointed
	260	+	12 under the Department of Juvenile Justice Mortality Review
	261	+	13 Team Act.
	262	+	14 (27) (Blank).
	263	+	15 (28) Correspondence and records (i) that may not be
	264	+	16 disclosed under Section 11-9 of the Illinois Public Aid
	265	+	17 Code or (ii) that pertain to appeals under Section 11-8 of
	266	+	18 the Illinois Public Aid Code.
	267	+	19 (29) Meetings between internal or external auditors
	268	+	20 and governmental audit committees, finance committees, and
	269	+	21 their equivalents, when the discussion involves internal
	270	+	22 control weaknesses, identification of potential fraud risk
	271	+	23 areas, known or suspected frauds, and fraud interviews
	272	+	24 conducted in accordance with generally accepted auditing
	273	+	25 standards of the United States of America.
	274	+	26 (30) (Blank). Those meetings or portions of meetings
560	275
561	276
562		-	(k) "Verified" means a determination that there is "clear
563		-	and convincing evidence" that the specific injury or harm
564		-	alleged was the result of abuse, abandonment, neglect, or
565		-	financial exploitation.
566		-	(Source: P.A. 102-244, eff. 1-1-22; 102-953, eff. 5-27-22;
567		-	103-329, eff. 1-1-24.)
568		-	(320 ILCS 20/3) (from Ch. 23, par. 6603)
569		-	Sec. 3. Responsibilities.
570		-	(a) The Department shall establish, design, and manage a
571		-	protective services program for eligible adults who have been,
572		-	or are alleged to be, victims of abuse, abandonment, neglect,
573		-	financial exploitation, or self-neglect. The Department may
574		-	develop policies and procedures to effectively administer all
575		-	aspects of the program defined in this Act. The Department
576		-	shall contract with or fund, or contract with and fund,
577		-	regional administrative agencies, provider agencies, or both,
578		-	for the provision of those functions, and, contingent on
579		-	adequate funding, with attorneys or legal services provider
580		-	agencies for the provision of legal assistance pursuant to
581		-	this Act. Contingent upon adequate funding, the Department, at
582		-	its discretion, may provide funding for legal assistance for
583		-	eligible adults. For self-neglect, the program shall include
584		-	the following services for eligible adults who have been
585		-	removed from their residences for the purpose of cleanup or
586		-	repairs: temporary housing; counseling; and caseworker
587	277
588	278
589		-	services to try to ensure that the conditions necessitating
590		-	the removal do not reoccur.
591		-	(a-1) The Department shall by rule develop standards for
592		-	minimum staffing levels and staff qualifications. The
593		-	Department shall by rule establish mandatory standards for the
594		-	investigation of abuse, abandonment, neglect, and financial
595		-	exploitation, or self-neglect of eligible adults and mandatory
596		-	procedures for linking eligible adults to appropriate services
597		-	and supports. For self-neglect, the Department may by rule
598		-	establish mandatory standards for the provision of emergent
599		-	casework and follow-up services to mitigate the risk of harm
600		-	or death to the eligible adult.
601		-	(a-5) A provider agency shall, in accordance with rules
602		-	promulgated by the Department, establish a multi-disciplinary
603		-	team to act in an advisory role for the purpose of providing
604		-	professional knowledge and expertise in the handling of
605		-	complex abuse cases involving eligible adults. Each
606		-	multi-disciplinary team shall consist of one volunteer
607		-	representative from the following professions: banking or
608		-	finance; disability care; health care; law; law enforcement;
609		-	mental health care; and clergy. A provider agency may also
610		-	choose to add representatives from the fields of substance
611		-	abuse, domestic violence, sexual assault, or other related
612		-	fields. To support multi-disciplinary teams in this role, law
613		-	enforcement agencies and coroners or medical examiners shall
614		-	supply records as may be requested in particular cases.
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615	281
616	282
617		-	Multi-disciplinary teams shall meet no less than 4 times
618		-	annually.
619		-	(b) Each regional administrative agency shall designate
620		-	provider agencies within its planning and service area with
621		-	prior approval by the Department on Aging, monitor the use of
622		-	services, provide technical assistance to the provider
623		-	agencies and be involved in program development activities.
624		-	(c) Provider agencies shall assist, to the extent
625		-	possible, eligible adults who need agency services to allow
626		-	them to continue to function independently. Such assistance
627		-	shall include, but not be limited to, receiving reports of
628		-	alleged or suspected abuse, abandonment, neglect, financial
629		-	exploitation, or self-neglect, conducting face-to-face
630		-	assessments of such reported cases, determination of
631		-	substantiated cases, referral of substantiated cases for
632		-	necessary support services, referral of criminal conduct to
633		-	law enforcement in accordance with Department guidelines, and
634		-	provision of case work and follow-up services on substantiated
635		-	cases. In the case of a report of alleged or suspected abuse,
636		-	abandonment, or neglect that places an eligible adult at risk
637		-	of injury or death, a provider agency shall respond to the
638		-	report on an emergency basis in accordance with guidelines
639		-	established by the Department by administrative rule and shall
640		-	ensure that it is capable of responding to such a report 24
641		-	hours per day, 7 days per week. A provider agency may use an
642		-	on-call system to respond to reports of alleged or suspected
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	285	+	1 of a fatality review team or the Illinois Fatality Review
	286	+	2 Team Advisory Council during which a review of the death
	287	+	3 of an eligible adult in which abuse or neglect is
	288	+	4 suspected, alleged, or substantiated is conducted pursuant
	289	+	5 to Section 15 of the Adult Protective Services Act.
	290	+	6 (31) Meetings and deliberations for decisions of the
	291	+	7 Concealed Carry Licensing Review Board under the Firearm
	292	+	8 Concealed Carry Act.
	293	+	9 (32) Meetings between the Regional Transportation
	294	+	10 Authority Board and its Service Boards when the discussion
	295	+	11 involves review by the Regional Transportation Authority
	296	+	12 Board of employment contracts under Section 28d of the
	297	+	13 Metropolitan Transit Authority Act and Sections 3A.18 and
	298	+	14 3B.26 of the Regional Transportation Authority Act.
	299	+	15 (33) Those meetings or portions of meetings of the
	300	+	16 advisory committee and peer review subcommittee created
	301	+	17 under Section 320 of the Illinois Controlled Substances
	302	+	18 Act during which specific controlled substance prescriber,
	303	+	19 dispenser, or patient information is discussed.
	304	+	20 (34) Meetings of the Tax Increment Financing Reform
	305	+	21 Task Force under Section 2505-800 of the Department of
	306	+	22 Revenue Law of the Civil Administrative Code of Illinois.
	307	+	23 (35) Meetings of the group established to discuss
	308	+	24 Medicaid capitation rates under Section 5-30.8 of the
	309	+	25 Illinois Public Aid Code.
	310	+	26 (36) Those deliberations or portions of deliberations
643	311
644	312
645		-	abuse, abandonment, or neglect after hours and on weekends.
646		-	(c-5) Where a provider agency has reason to believe that
647		-	the death of an eligible adult may be the result of abuse,
648		-	abandonment, or neglect, including any reports made after
649		-	death, the agency shall immediately report the matter to both
650		-	the appropriate law enforcement agency and the coroner or
651		-	medical examiner. Between 30 and 45 days after making such a
652		-	report, the provider agency again shall contact the law
653		-	enforcement agency and coroner or medical examiner to
654		-	determine whether any further action was taken. Upon request
655		-	by a provider agency, a law enforcement agency and coroner or
656		-	medical examiner shall supply a summary of its action in
657		-	response to a reported death of an eligible adult. A copy of
658		-	the report shall be maintained and all subsequent follow-up
659		-	with the law enforcement agency and coroner or medical
660		-	examiner shall be documented in the case record of the
661		-	eligible adult. If the law enforcement agency, coroner, or
662		-	medical examiner determines the reported death was caused by
663		-	abuse, abandonment, or neglect by a caregiver, the law
664		-	enforcement agency, coroner, or medical examiner shall inform
665		-	the Department, and the Department shall report the
666		-	caregiver's identity on the Registry as described in Section
667		-	7.5 of this Act.
668		-	(d) (Blank). Upon sufficient appropriations to implement a
669		-	statewide program, the Department shall implement a program,
670		-	based on the recommendations of the Self-Neglect Steering
671	313
672	314
673		-	Committee, for (i) responding to reports of possible
674		-	self-neglect, (ii) protecting the autonomy, rights, privacy,
675		-	and privileges of adults during investigations of possible
676		-	self-neglect and consequential judicial proceedings regarding
677		-	competency, (iii) collecting and sharing relevant information
678		-	and data among the Department, provider agencies, regional
679		-	administrative agencies, and relevant seniors, (iv) developing
680		-	working agreements between provider agencies and law
681		-	enforcement, where practicable, and (v) developing procedures
682		-	for collecting data regarding incidents of self-neglect.
683		-	(Source: P.A. 102-244, eff. 1-1-22.)
684		-	(320 ILCS 20/3.1)
685		-	Sec. 3.1. Adult protective services dementia training.
686		-	(a) This Section shall apply to any person who is employed
687		-	by the Department in the Adult Protective Services division,
688		-	or is contracted with the Department, and works on the
689		-	development or implementation of social services to respond to
690		-	and prevent adult abuse, neglect, or exploitation.
691		-	(b) The Department shall implement a dementia training
692		-	program that must include instruction on the identification of
693		-	people with dementia, risks such as wandering, communication
694		-	impairments, and elder abuse, and the best practices for
695		-	interacting with people with dementia.
696		-	(c) Training of at least 2 hours shall be completed at the
697		-	start of employment with the Adult Protective Services
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698	317
699	318
700		-	division. Persons who are employees of the Adult Protective
701		-	Services division on the effective date of this amendatory Act
702		-	of the 102nd General Assembly shall complete this training
703		-	within 6 months after the effective date of this amendatory
704		-	Act of the 102nd General Assembly. The training shall cover
705		-	the following subjects:
706		-	(1) Alzheimer's disease and dementia.
707		-	(2) Safety risks.
708		-	(3) Communication and behavior.
709		-	(d) Annual continuing education shall include at least 2
710		-	hours of dementia training covering the subjects described in
711		-	subsection (c).
712		-	(e) This Section is designed to address gaps in current
713		-	dementia training requirements for Adult Protective Services
714		-	officials and improve the quality of training. If laws or
715		-	rules existing on the effective date of this amendatory Act of
716		-	the 102nd General Assembly contain more rigorous training
717		-	requirements for Adult Protective Service officials, those
718		-	laws or rules shall apply. Where there is overlap between this
719		-	Section and other laws and rules, the Department shall
720		-	interpret this Section to avoid duplication of requirements
721		-	while ensuring that the minimum requirements set in this
722		-	Section are met.
723		-	(f) The Department may adopt rules for the administration
724		-	of this Section.
725		-	(Source: P.A. 102-4, eff. 4-27-21.)
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	321	+	1 for decisions of the Illinois Gaming Board in which there
	322	+	2 is discussed any of the following: (i) personal,
	323	+	3 commercial, financial, or other information obtained from
	324	+	4 any source that is privileged, proprietary, confidential,
	325	+	5 or a trade secret; or (ii) information specifically
	326	+	6 exempted from the disclosure by federal or State law.
	327	+	7 (37) Deliberations for decisions of the Illinois Law
	328	+	8 Enforcement Training Standards Board, the Certification
	329	+	9 Review Panel, and the Illinois State Police Merit Board
	330	+	10 regarding certification and decertification.
	331	+	11 (38) Meetings of the Ad Hoc Statewide Domestic
	332	+	12 Violence Fatality Review Committee of the Illinois
	333	+	13 Criminal Justice Information Authority Board that occur in
	334	+	14 closed executive session under subsection (d) of Section
	335	+	15 35 of the Domestic Violence Fatality Review Act.
	336	+	16 (39) Meetings of the regional review teams under
	337	+	17 subsection (a) of Section 75 of the Domestic Violence
	338	+	18 Fatality Review Act.
	339	+	19 (40) Meetings of the Firearm Owner's Identification
	340	+	20 Card Review Board under Section 10 of the Firearm Owners
	341	+	21 Identification Card Act.
	342	+	22 (d) Definitions. For purposes of this Section:
	343	+	23 "Employee" means a person employed by a public body whose
	344	+	24 relationship with the public body constitutes an
	345	+	25 employer-employee relationship under the usual common law
	346	+	26 rules, and who is not an independent contractor.
726	347
727	348
728		-	(320 ILCS 20/3.5)
729		-	Sec. 3.5. Other responsibilities. The Department shall
730		-	also be responsible for the following activities, contingent
731		-	upon adequate funding; implementation shall be expanded to
732		-	adults with disabilities upon the effective date of this
733		-	amendatory Act of the 98th General Assembly, except those
734		-	responsibilities under subsection (a), which shall be
735		-	undertaken as soon as practicable:
736		-	(a) promotion of a wide range of endeavors for the
737		-	purpose of preventing abuse, abandonment, neglect,
738		-	financial exploitation, and self-neglect, including, but
739		-	not limited to, promotion of public and professional
740		-	education to increase awareness of abuse, abandonment,
741		-	neglect, financial exploitation, and self-neglect; to
742		-	increase reports; to establish access to and use of the
743		-	Registry established under Section 7.5; and to improve
744		-	response by various legal, financial, social, and health
745		-	systems;
746		-	(b) coordination of efforts with other agencies,
747		-	councils, and like entities, to include but not be limited
748		-	to, the Administrative Office of the Illinois Courts, the
749		-	Office of the Attorney General, the Illinois State Police,
750		-	the Illinois Law Enforcement Training Standards Board, the
751		-	State Triad, the Illinois Criminal Justice Information
752		-	Authority, the Departments of Public Health, Healthcare
753	349
754	350
755		-	and Family Services, and Human Services, the Illinois
756		-	Guardianship and Advocacy Commission, the Family Violence
757		-	Coordinating Council, the Illinois Violence Prevention
758		-	Authority, and other entities which may impact awareness
759		-	of, and response to, abuse, abandonment, neglect,
760		-	financial exploitation, and self-neglect;
761		-	(c) collection and analysis of data;
762		-	(d) monitoring of the performance of regional
763		-	administrative agencies and adult protective services
764		-	agencies;
765		-	(e) promotion of prevention activities;
766		-	(f) establishing and coordinating an aggressive
767		-	training program on the unique nature of adult abuse cases
768		-	with other agencies, councils, and like entities, to
769		-	include but not be limited to the Office of the Attorney
770		-	General, the Illinois State Police, the Illinois Law
771		-	Enforcement Training Standards Board, the State Triad, the
772		-	Illinois Criminal Justice Information Authority, the State
773		-	Departments of Public Health, Healthcare and Family
774		-	Services, and Human Services, the Family Violence
775		-	Coordinating Council, the Illinois Violence Prevention
776		-	Authority, the agency designated by the Governor under
777		-	Section 1 of the Protection and Advocacy for Persons with
778		-	Developmental Disabilities Act, and other entities that
779		-	may impact awareness of and response to abuse,
780		-	abandonment, neglect, financial exploitation, and
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781	353
782	354
783		-	self-neglect;
784		-	(g) solicitation of financial institutions for the
785		-	purpose of making information available to the general
786		-	public warning of financial exploitation of adults and
787		-	related financial fraud or abuse, including such
788		-	information and warnings available through signage or
789		-	other written materials provided by the Department on the
790		-	premises of such financial institutions, provided that the
791		-	manner of displaying or distributing such information is
792		-	subject to the sole discretion of each financial
793		-	institution; and
794		-	(g-1) developing by joint rulemaking with the
795		-	Department of Financial and Professional Regulation
796		-	minimum training standards which shall be used by
797		-	financial institutions for their current and new employees
798		-	with direct customer contact; the Department of Financial
799		-	and Professional Regulation shall retain sole visitation
800		-	and enforcement authority under this subsection (g-1); the
801		-	Department of Financial and Professional Regulation shall
802		-	provide bi-annual reports to the Department setting forth
803		-	aggregate statistics on the training programs required
804		-	under this subsection (g-1). ; and
805		-	(h) coordinating efforts with utility and electric
806		-	companies to send notices in utility bills to explain to
807		-	persons 60 years of age or older their rights regarding
808		-	telemarketing and home repair fraud.
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	356	+	SB2799 Enrolled - 11 - LRB103 37565 KTG 67691 b
	357	+	1 "Public office" means a position created by or under the
	358	+	2 Constitution or laws of this State, the occupant of which is
	359	+	3 charged with the exercise of some portion of the sovereign
	360	+	4 power of this State. The term "public office" shall include
	361	+	5 members of the public body, but it shall not include
	362	+	6 organizational positions filled by members thereof, whether
	363	+	7 established by law or by a public body itself, that exist to
	364	+	8 assist the body in the conduct of its business.
	365	+	9 "Quasi-adjudicative body" means an administrative body
	366	+	10 charged by law or ordinance with the responsibility to conduct
	367	+	11 hearings, receive evidence or testimony and make
	368	+	12 determinations based thereon, but does not include local
	369	+	13 electoral boards when such bodies are considering petition
	370	+	14 challenges.
	371	+	15 (e) Final action. No final action may be taken at a closed
	372	+	16 meeting. Final action shall be preceded by a public recital of
	373	+	17 the nature of the matter being considered and other
	374	+	18 information that will inform the public of the business being
	375	+	19 conducted.
	376	+	20 (Source: P.A. 102-237, eff. 1-1-22; 102-520, eff. 8-20-21;
	377	+	21 102-558, eff. 8-20-21; 102-813, eff. 5-13-22; 103-311, eff.
	378	+	22 7-28-23.)
	379	+	23 Section 10. The Adult Protective Services Act is amended
	380	+	24 by changing Sections 2, 3, 3.1, 3.5, 4, 5, 6, 7, 7.1, 9, and 15
	381	+	25 and by adding Section 5.1 as follows:
809	382
810	383
811		-	(Source: P.A. 102-244, eff. 1-1-22; 102-538, eff. 8-20-21;
812		-	102-813, eff. 5-13-22.)
813		-	(320 ILCS 20/4) (from Ch. 23, par. 6604)
814		-	Sec. 4. Reports of abuse, abandonment, or neglect.
815		-	(a) Any person who suspects the abuse, abandonment,
816		-	neglect, financial exploitation, or self-neglect of an
817		-	eligible adult may report this suspicion or information about
818		-	the suspicious death of an eligible adult to an agency
819		-	designated to receive such reports under this Act or to the
820		-	Department.
821		-	(a-5) If any mandated reporter has reason to believe that
822		-	an eligible adult, who because of a disability or other
823		-	condition or impairment is unable to seek assistance for
824		-	himself or herself, has, within the previous 12 months, been
825		-	subjected to abuse, abandonment, neglect, or financial
826		-	exploitation, the mandated reporter shall, within 24 hours
827		-	after developing such belief, report this suspicion to an
828		-	agency designated to receive such reports under this Act or to
829		-	the Department. The agency designated to receive such reports
830		-	under this Act or the Department may establish a manner in
831		-	which a mandated reporter can make the required report through
832		-	an Internet reporting tool. Information sent and received
833		-	through the Internet reporting tool is subject to the same
834		-	rules in this Act as other types of confidential reporting
835		-	established by the designated agency or the Department.
836	384
837	385
838		-	Whenever a mandated reporter is required to report under this
839		-	Act in his or her capacity as a member of the staff of a
840		-	medical or other public or private institution, facility, or
841		-	agency, he or she shall make a report to an agency designated
842		-	to receive such reports under this Act or to the Department in
843		-	accordance with the provisions of this Act and may also notify
844		-	the person in charge of the institution, facility, or agency
845		-	or his or her designated agent that the report has been made.
846		-	Under no circumstances shall any person in charge of such
847		-	institution, facility, or agency, or his or her designated
848		-	agent to whom the notification has been made, exercise any
849		-	control, restraint, modification, or other change in the
850		-	report or the forwarding of the report to an agency designated
851		-	to receive such reports under this Act or to the Department.
852		-	The privileged quality of communication between any
853		-	professional person required to report and his or her patient
854		-	or client shall not apply to situations involving abused,
855		-	abandoned, neglected, or financially exploited eligible adults
856		-	and shall not constitute grounds for failure to report as
857		-	required by this Act.
858		-	(a-6) If a mandated reporter has reason to believe that
859		-	the death of an eligible adult may be the result of abuse or
860		-	neglect, the matter shall be reported to an agency designated
861		-	to receive such reports under this Act or to the Department for
862		-	subsequent referral to the appropriate law enforcement agency
863		-	and the coroner or medical examiner in accordance with
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864	388
865	389
866		-	subsection (c-5) of Section 3 of this Act.
867		-	(a-7) A person making a report under this Act in the belief
868		-	that it is in the alleged victim's best interest shall be
869		-	immune from criminal or civil liability or professional
870		-	disciplinary action on account of making the report,
871		-	notwithstanding any requirements concerning the
872		-	confidentiality of information with respect to such eligible
873		-	adult which might otherwise be applicable.
874		-	(a-9) Law enforcement officers shall continue to report
875		-	incidents of alleged abuse pursuant to the Illinois Domestic
876		-	Violence Act of 1986, notwithstanding any requirements under
877		-	this Act.
878		-	(b) Any person, institution or agency participating in the
879		-	making of a report, providing information or records related
880		-	to a report, assessment, or services, or participating in the
881		-	investigation of a report under this Act in good faith, or
882		-	taking photographs or x-rays as a result of an authorized
883		-	assessment, shall have immunity from any civil, criminal or
884		-	other liability in any civil, criminal or other proceeding
885		-	brought in consequence of making such report or assessment or
886		-	on account of submitting or otherwise disclosing such
887		-	photographs or x-rays to any agency designated to receive
888		-	reports of alleged or suspected abuse, abandonment, or
889		-	neglect. Any person, institution or agency authorized by the
890		-	Department to provide assessment, intervention, or
891		-	administrative services under this Act shall, in the good
	390	+	SB2799 Enrolled- 12 -LRB103 37565 KTG 67691 b SB2799 Enrolled - 12 - LRB103 37565 KTG 67691 b
	391	+	SB2799 Enrolled - 12 - LRB103 37565 KTG 67691 b
	392	+	1 (320 ILCS 20/2) (from Ch. 23, par. 6602)
	393	+	2 Sec. 2. Definitions. As used in this Act, unless the
	394	+	3 context requires otherwise:
	395	+	4 (a) "Abandonment" means the desertion or willful forsaking
	396	+	5 of an eligible adult by an individual responsible for the care
	397	+	6 and custody of that eligible adult under circumstances in
	398	+	7 which a reasonable person would continue to provide care and
	399	+	8 custody. Nothing in this Act shall be construed to mean that an
	400	+	9 eligible adult is a victim of abandonment because of health
	401	+	10 care services provided or not provided by licensed health care
	402	+	11 professionals.
	403	+	12 (a-1) "Abuse" means causing any physical, mental or sexual
	404	+	13 injury to an eligible adult, including exploitation of such
	405	+	14 adult's financial resources, and abandonment or subjecting an
	406	+	15 eligible adult to an environment which creates a likelihood of
	407	+	16 harm to the eligible adult's health, physical and emotional
	408	+	17 well-being, or welfare.
	409	+	18 Nothing in this Act shall be construed to mean that an
	410	+	19 eligible adult is a victim of abuse, abandonment, neglect, or
	411	+	20 self-neglect for the sole reason that he or she is being
	412	+	21 furnished with or relies upon treatment by spiritual means
	413	+	22 through prayer alone, in accordance with the tenets and
	414	+	23 practices of a recognized church or religious denomination.
	415	+	24 Nothing in this Act shall be construed to mean that an
	416	+	25 eligible adult is a victim of abuse because of health care
892	417
893	418
894		-	faith performance of those services, have immunity from any
895		-	civil, criminal or other liability in any civil, criminal, or
896		-	other proceeding brought as a consequence of the performance
897		-	of those services. For the purposes of any civil, criminal, or
898		-	other proceeding, the good faith of any person required to
899		-	report, permitted to report, or participating in an
900		-	investigation of a report of alleged or suspected abuse,
901		-	abandonment, neglect, financial exploitation, or self-neglect
902		-	shall be presumed.
903		-	(c) The identity of a person making a report of alleged or
904		-	suspected abuse, abandonment, neglect, financial exploitation,
905		-	or self-neglect or a report concerning information about the
906		-	suspicious death of an eligible adult under this Act may be
907		-	disclosed by the Department or other agency provided for in
908		-	this Act only with such person's written consent or by court
909		-	order, but is otherwise confidential.
910		-	(d) The Department shall by rule establish a system for
911		-	filing and compiling reports made under this Act.
912		-	(e) Any physician who willfully fails to report as
913		-	required by this Act shall be referred to the Illinois State
914		-	Medical Disciplinary Board for action in accordance with
915		-	subdivision (A)(22) of Section 22 of the Medical Practice Act
916		-	of 1987. Any dentist or dental hygienist who willfully fails
917		-	to report as required by this Act shall be referred to the
918		-	Department of Financial and Professional Regulation for
919		-	possible disciplinary action in accordance with paragraph 19
920	419
921	420
922		-	of Section 23 of the Illinois Dental Practice Act. Any
923		-	optometrist who willfully fails to report as required by this
924		-	Act shall be referred to the Department of Financial and
925		-	Professional Regulation for action in accordance with
926		-	paragraph (15) of subsection (a) of Section 24 of the Illinois
927		-	Optometric Practice Act of 1987. Any other mandated reporter
928		-	required by this Act to report suspected abuse, abandonment,
929		-	neglect, or financial exploitation who willfully fails to
930		-	report the same is guilty of a Class A misdemeanor.
931		-	(Source: P.A. 102-244, eff. 1-1-22; 103-329, eff. 1-1-24.)
932		-	(320 ILCS 20/5) (from Ch. 23, par. 6605)
933		-	Sec. 5. Procedure.
934		-	(a) A provider agency, upon receiving a report of alleged
935		-	or suspected abuse, abandonment, neglect, or financial
936		-	exploitation, shall conduct a face-to-face assessment with
937		-	respect to such report, in accordance with established law and
938		-	Department protocols, procedures, and policies. A provider
939		-	agency that receives a report of self-neglect shall follow the
940		-	procedures set forth in Section 5.1 designated to receive
941		-	reports of alleged or suspected abuse, abandonment, neglect,
942		-	financial exploitation, or self-neglect under this Act shall,
943		-	upon receiving such a report, conduct a face-to-face
944		-	assessment with respect to such report, in accord with
945		-	established law and Department protocols, procedures, and
946		-	policies. Face-to-face assessments, casework, and follow-up of
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947	423
948	424
949		-	reports of self-neglect by the provider agencies designated to
950		-	receive reports of self-neglect shall be subject to sufficient
951		-	appropriation for statewide implementation of assessments,
952		-	casework, and follow-up of reports of self-neglect. In the
953		-	absence of sufficient appropriation for statewide
954		-	implementation of assessments, casework, and follow-up of
955		-	reports of self-neglect, the designated adult protective
956		-	services provider agency shall refer all reports of
957		-	self-neglect to the appropriate agency or agencies as
958		-	designated by the Department for any follow-up.
959		-	(b) The assessment shall include, but not be limited to, a
960		-	visit to the residence of the eligible adult who is the subject
961		-	of the report and shall include interviews or consultations
962		-	regarding the allegations with service agencies, immediate
963		-	family members, and individuals who may have knowledge of the
964		-	eligible adult's circumstances based on the consent of the
965		-	eligible adult in all instances, except where the provider
966		-	agency is acting in the best interest of an eligible adult who
967		-	is unable to seek assistance for himself or herself and where
968		-	there are allegations against a caregiver who has assumed
969		-	responsibilities in exchange for compensation. If, after the
970		-	assessment, the provider agency determines that the case is
971		-	substantiated it shall develop a service care plan for the
972		-	eligible adult and may report its findings at any time during
973		-	the case to the appropriate law enforcement agency in accord
974		-	with established law and Department protocols, procedures, and
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	427	+	1 services provided or not provided by licensed health care
	428	+	2 professionals.
	429	+	3 Nothing in this Act shall be construed to mean that an
	430	+	4 eligible adult is a victim of abuse in cases of criminal
	431	+	5 activity by strangers, telemarketing scams, consumer fraud,
	432	+	6 internet fraud, home repair disputes, complaints against a
	433	+	7 homeowners' association, or complaints between landlords and
	434	+	8 tenants.
	435	+	9 (a-5) "Abuser" means a person who is a family member,
	436	+	10 caregiver, or another person who has a continuing relationship
	437	+	11 with the eligible adult and abuses, abandons, neglects, or
	438	+	12 financially exploits an eligible adult.
	439	+	13 (a-6) "Adult with disabilities" means a person aged 18
	440	+	14 through 59 who resides in a domestic living situation and
	441	+	15 whose disability as defined in subsection (c-5) impairs his or
	442	+	16 her ability to seek or obtain protection from abuse,
	443	+	17 abandonment, neglect, or exploitation.
	444	+	18 (a-7) "Caregiver" means a person who either as a result of
	445	+	19 a family relationship, voluntarily, or in exchange for
	446	+	20 compensation has assumed responsibility for all or a portion
	447	+	21 of the care of an eligible adult who needs assistance with
	448	+	22 activities of daily living or instrumental activities of daily
	449	+	23 living.
	450	+	24 (b) "Department" means the Department on Aging of the
	451	+	25 State of Illinois.
	452	+	26 (c) "Director" means the Director of the Department.
975	453
976	454
977		-	policies. In developing a case plan, the provider agency may
978		-	consult with any other appropriate provider of services, and
979		-	such providers shall be immune from civil or criminal
980		-	liability on account of such acts, except for intentional,
981		-	willful, or wanton conduct. The plan shall include alternative
982		-	suggested or recommended services which are appropriate to the
983		-	needs of the eligible adult and which involve the least
984		-	restriction of the eligible adult's activities commensurate
985		-	with his or her needs. Only those services to which consent is
986		-	provided in accordance with Section 9 of this Act shall be
987		-	provided, contingent upon the availability of such services.
988		-	(c) (b) A provider agency shall refer evidence of crimes
989		-	against an eligible adult to the appropriate law enforcement
990		-	agency according to Department policies. A referral to law
991		-	enforcement may be made at intake, at any time during the case,
992		-	or after a report of a suspicious death, depending upon the
993		-	circumstances. Where a provider agency has reason to believe
994		-	the death of an eligible adult may be the result of abuse,
995		-	abandonment, or neglect, the agency shall immediately report
996		-	the matter to the coroner or medical examiner and shall
997		-	cooperate fully with any subsequent investigation.
998		-	(d) (c) If any person other than the alleged victim
999		-	refuses to allow the provider agency to begin an
1000		-	investigation, interferes with the provider agency's ability
1001		-	to conduct an investigation, or refuses to give access to an
1002		-	eligible adult, the appropriate law enforcement agency must be
1003	455
1004	456
1005		-	consulted regarding the investigation.
1006		-	(Source: P.A. 102-244, eff. 1-1-22; 103-329, eff. 1-1-24.)
1007		-	(320 ILCS 20/5.1 new)
1008		-	Sec. 5.1. Procedure for self-neglect.
1009		-	(a) A provider agency, upon receiving a report of
1010		-	self-neglect, shall conduct no less than 2 unannounced
1011		-	face-to-face visits at the residence of the eligible adult to
1012		-	administer, upon consent, the eligibility screening. The
1013		-	eligibility screening is intended to quickly determine if the
1014		-	eligible adult is posing a substantial threat to themselves or
1015		-	others. A full assessment phase shall not be completed for
1016		-	self-neglect cases, and with individual consent, verified
1017		-	self-neglect cases shall immediately enter the casework phase
1018		-	to begin service referrals to mitigate risk unless
1019		-	self-neglect occurs concurrently with another reported abuse
1020		-	type (abuse, neglect, or exploitation), a full assessment
1021		-	shall occur.
1022		-	(b) The eligibility screening shall include, but is not
1023		-	limited to:
1024		-	(1) an interview with the eligible adult;
1025		-	(2) with eligible adult consent, interviews or
1026		-	consultations regarding the allegations with immediate
1027		-	family members, and other individuals who may have
1028		-	knowledge of the eligible adult's circumstances; and
1029		-	(3) an inquiry of active service providers engaged
	457	+
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1030	459
1031	460
1032		-	with the eligible adult who are providing services that
1033		-	are mitigating the risk identified on the intake. These
1034		-	services providers may be, but are not limited to:
1035		-	(i) Managed care organizations.
1036		-	(ii) Case coordination units.
1037		-	(iii) The Department of Human Services' Division
1038		-	of Rehabilitation Services.
1039		-	(iv) The Department of Human Services' Division of
1040		-	Developmental Disabilities.
1041		-	(v) The Department of Human Services' Division of
1042		-	Mental Health.
1043		-	(c) During the visit, a provider agency shall obtain the
1044		-	consent of the eligible adult before initiating the
1045		-	eligibility screening. If the eligible adult cannot consent
1046		-	and no surrogate decision maker is established, and where the
1047		-	provider agency is acting in the best interest of an eligible
1048		-	adult who is unable to seek assistance for themselves, the
1049		-	provider agency shall conduct the eligibility screening as
1050		-	described in subsection (b).
1051		-	(d) When the eligibility screening indicates that the
1052		-	individual is experiencing self-neglect, the provider agency
1053		-	shall within 10 business days and with client consent, develop
1054		-	an initial case plan.
1055		-	(e) In developing a case plan, the provider agency shall
1056		-	consult with any other appropriate provider of services to
1057		-	ensure no duplications of services. Such providers shall be
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	462	+	SB2799 Enrolled - 14 - LRB103 37565 KTG 67691 b
	463	+	1 (c-5) "Disability" means a physical or mental disability,
	464	+	2 including, but not limited to, a developmental disability, an
	465	+	3 intellectual disability, a mental illness as defined under the
	466	+	4 Mental Health and Developmental Disabilities Code, or dementia
	467	+	5 as defined under the Alzheimer's Disease Assistance Act.
	468	+	6 (d) "Domestic living situation" means a residence where
	469	+	7 the eligible adult at the time of the report lives alone or
	470	+	8 with his or her family or a caregiver, or others, or other
	471	+	9 community-based unlicensed facility, but is not:
	472	+	10 (1) A licensed facility as defined in Section 1-113 of
	473	+	11 the Nursing Home Care Act;
	474	+	12 (1.5) A facility licensed under the ID/DD Community
	475	+	13 Care Act;
	476	+	14 (1.6) A facility licensed under the MC/DD Act;
	477	+	15 (1.7) A facility licensed under the Specialized Mental
	478	+	16 Health Rehabilitation Act of 2013;
	479	+	17 (2) A "life care facility" as defined in the Life Care
	480	+	18 Facilities Act;
	481	+	19 (3) A home, institution, or other place operated by
	482	+	20 the federal government or agency thereof or by the State
	483	+	21 of Illinois;
	484	+	22 (4) A hospital, sanitarium, or other institution, the
	485	+	23 principal activity or business of which is the diagnosis,
	486	+	24 care, and treatment of human illness through the
	487	+	25 maintenance and operation of organized facilities
	488	+	26 therefor, which is required to be licensed under the
1058	489
1059	490
1060		-	immune from civil or criminal liability on account of such
1061		-	acts except for intentional, willful, or wanton misconduct.
1062		-	(f) The case plan shall be client directed and include
1063		-	recommended services which are appropriate to the needs and
1064		-	wishes of the individual, and which involve the least
1065		-	restriction of the individual's activities commensurate with
1066		-	the individual's needs.
1067		-	(g) Only those services to which consent is provided in
1068		-	accordance with Section 9 of this Act shall be provided,
1069		-	contingent upon the availability of such services.
1070		-	(320 ILCS 20/6) (from Ch. 23, par. 6606)
1071		-	Sec. 6. Time. The Department shall by rule establish the
1072		-	period of time within which an assessment or eligibility
1073		-	screening shall begin and within which a service care plan
1074		-	shall be implemented. Such rules shall provide for an
1075		-	expedited response to emergency situations.
1076		-	(Source: P.A. 85-1184.)
1077		-	(320 ILCS 20/7) (from Ch. 23, par. 6607)
1078		-	Sec. 7. Review. All services provided to an eligible adult
1079		-	shall be reviewed by the provider agency on at least a
1080		-	quarterly basis for up to one year to determine whether the
1081		-	service care plan should be continued or modified, except
1082		-	that, upon review, the Department on Aging may grant a waiver
1083		-	to extend the service care plan for up to one additional year.
1084	491
1085	492
1086		-	Provider agencies shall demonstrate responsiveness and
1087		-	timeliness to eligible adult needs in the provision of
1088		-	services.
1089		-	(Source: P.A. 95-331, eff. 8-21-07.)
1090		-	(320 ILCS 20/7.1)
1091		-	Sec. 7.1. Final investigative report. A provider agency
1092		-	shall prepare a final investigative report, upon the
1093		-	completion or closure of an investigation, in all cases of
1094		-	reported abuse, abandonment, neglect, financial exploitation,
1095		-	or self-neglect of an eligible adult, whether or not there is a
1096		-	substantiated finding. Upon eligible adult consent, notice of
1097		-	findings shall be provided to the eligible adult, the alleged
1098		-	abuser or abusers, and the reporter by the provider agency at
1099		-	the point of substantiation when provision of such would not
1100		-	create an environment of harm to the eligible adult. When a
1101		-	report is accepted, a notice of findings shall include only
1102		-	substantiation type (Substantiated, No Jurisdiction, Unable to
1103		-	locate, not substantiated).
1104		-	(Source: P.A. 102-244, eff. 1-1-22.)
1105		-	(320 ILCS 20/9) (from Ch. 23, par. 6609)
1106		-	Sec. 9. Authority to consent to services.
1107		-	(a) If an eligible adult consents to an assessment of a
1108		-	reported incident of suspected abuse, abandonment, neglect,
1109		-	financial exploitation, or eligibility screening for
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1110	495
1111	496
1112		-	self-neglect and, following the assessment of such report,
1113		-	consents to services being provided according to the case
1114		-	plan, such services shall be arranged to meet the adult's
1115		-	needs, based upon the availability of resources to provide
1116		-	such services. If an adult withdraws his or her consent for an
1117		-	assessment of the reported incident or withdraws his or her
1118		-	consent for services and refuses to accept such services, the
1119		-	services shall not be provided.
1120		-	(b) If it reasonably appears to the Department or other
1121		-	agency designated under this Act that a person is an eligible
1122		-	adult and lacks the capacity to consent to an assessment, or
1123		-	eligibility screen, of a reported incident of suspected abuse,
1124		-	abandonment, neglect, financial exploitation, or self-neglect
1125		-	or to necessary services, the Department or other agency shall
1126		-	take appropriate action necessary to ameliorate risk to the
1127		-	eligible adult if there is a threat of ongoing harm or another
1128		-	emergency exists. Once the emergent risk has been mitigated,
1129		-	the The Department or the provider other agency shall be
1130		-	authorized to seek the appointment of a temporary guardian as
1131		-	provided in Article XIa of the Probate Act of 1975 or surrogate
1132		-	decision-maker for the purpose of consenting to an assessment
1133		-	or eligibility screen of the reported incident and such
1134		-	services, together with an order for an evaluation of the
1135		-	eligible adult's physical, psychological, and medical
1136		-	condition and decisional capacity.
1137		-	(c) A guardian of the person of an eligible adult may
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	499	+	1 Hospital Licensing Act;
	500	+	2 (5) A "community living facility" as defined in the
	501	+	3 Community Living Facilities Licensing Act;
	502	+	4 (6) (Blank);
	503	+	5 (7) A "community-integrated living arrangement" as
	504	+	6 defined in the Community-Integrated Living Arrangements
	505	+	7 Licensure and Certification Act or a "community
	506	+	8 residential alternative" as licensed under that Act;
	507	+	9 (8) An assisted living or shared housing establishment
	508	+	10 as defined in the Assisted Living and Shared Housing Act;
	509	+	11 or
	510	+	12 (9) A supportive living facility as described in
	511	+	13 Section 5-5.01a of the Illinois Public Aid Code.
	512	+	14 (e) "Eligible adult" means either an adult with
	513	+	15 disabilities aged 18 through 59 or a person aged 60 or older
	514	+	16 who resides in a domestic living situation and is, or is
	515	+	17 alleged to be, abused, abandoned, neglected, or financially
	516	+	18 exploited by another individual or who neglects himself or
	517	+	19 herself. "Eligible adult" also includes an adult who resides
	518	+	20 in any of the facilities that are excluded from the definition
	519	+	21 of "domestic living situation" under paragraphs (1) through
	520	+	22 (9) of subsection (d), if either: (i) the alleged abuse,
	521	+	23 abandonment, or neglect occurs outside of the facility and not
	522	+	24 under facility supervision and the alleged abuser is a family
	523	+	25 member, caregiver, or another person who has a continuing
	524	+	26 relationship with the adult; or (ii) the alleged financial
1138	525
1139	526
1140		-	consent to an assessment of the reported incident and to
1141		-	services being provided according to the case plan. If an
1142		-	eligible adult lacks capacity to consent, an agent having
1143		-	authority under a power of attorney may consent to an
1144		-	assessment of the reported incident and to services. If the
1145		-	guardian or agent is the suspected abuser and he or she
1146		-	withdraws consent for the assessment of the reported incident,
1147		-	or refuses to allow services to be provided to the eligible
1148		-	adult, the Department, an agency designated under this Act, or
1149		-	the office of the Attorney General may request a court order
1150		-	seeking appropriate remedies, and may in addition request
1151		-	removal of the guardian and appointment of a successor
1152		-	guardian or request removal of the agent and appointment of a
1153		-	guardian.
1154		-	(d) If an emergency exists and the Department or other
1155		-	agency designated under this Act reasonably believes that a
1156		-	person is an eligible adult and lacks the capacity to consent
1157		-	to necessary services, the Department or other agency may
1158		-	request an ex parte order from the circuit court of the county
1159		-	in which the petitioner or respondent resides or in which the
1160		-	alleged abuse, abandonment, neglect, financial exploitation,
1161		-	or self-neglect occurred, authorizing an assessment of a
1162		-	report of alleged or suspected abuse, abandonment, neglect,
1163		-	financial exploitation, or self-neglect or the provision of
1164		-	necessary services, or both, including relief available under
1165		-	the Illinois Domestic Violence Act of 1986 in accord with
1166	527
1167	528
1168		-	established law and Department protocols, procedures, and
1169		-	policies. Petitions filed under this subsection shall be
1170		-	treated as expedited proceedings. When an eligible adult is at
1171		-	risk of serious injury or death and it reasonably appears that
1172		-	the eligible adult lacks capacity to consent to necessary
1173		-	services, the Department or other agency designated under this
1174		-	Act may take action necessary to ameliorate the risk in
1175		-	accordance with administrative rules promulgated by the
1176		-	Department.
1177		-	(d-5) For purposes of this Section, an eligible adult
1178		-	"lacks the capacity to consent" if qualified staff of an
1179		-	agency designated under this Act reasonably determine, in
1180		-	accordance with administrative rules promulgated by the
1181		-	Department, that he or she appears either (i) unable to
1182		-	receive and evaluate information related to the assessment or
1183		-	services or (ii) unable to communicate in any manner decisions
1184		-	related to the assessment of the reported incident or
1185		-	services.
1186		-	(e) Within 15 days after the entry of the ex parte
1187		-	emergency order, the order shall expire, or, if the need for
1188		-	assessment of the reported incident or services continues, the
1189		-	provider agency shall petition for the appointment of a
1190		-	guardian as provided in Article XIa of the Probate Act of 1975
1191		-	for the purpose of consenting to such assessment or services
1192		-	or to protect the eligible adult from further harm.
1193		-	(f) If the court enters an ex parte order under subsection
	529	+
	530	+	SB2799 Enrolled - 15 - LRB103 37565 KTG 67691 b
1194	531
1195	532
1196		-	(d) for an assessment of a reported incident of alleged or
1197		-	suspected abuse, abandonment, neglect, financial exploitation,
1198		-	or self-neglect, or for the provision of necessary services in
1199		-	connection with alleged or suspected self-neglect, or for
1200		-	both, the court, as soon as is practicable thereafter, shall
1201		-	appoint a guardian ad litem for the eligible adult who is the
1202		-	subject of the order, for the purpose of reviewing the
1203		-	reasonableness of the order. The guardian ad litem shall
1204		-	review the order and, if the guardian ad litem reasonably
1205		-	believes that the order is unreasonable, the guardian ad litem
1206		-	shall file a petition with the court stating the guardian ad
1207		-	litem's belief and requesting that the order be vacated.
1208		-	(g) In all cases in which there is a substantiated finding
1209		-	of abuse, abandonment, neglect, or financial exploitation by a
1210		-	guardian, the Department shall, within 30 days after the
1211		-	finding, notify the Probate Court with jurisdiction over the
1212		-	guardianship.
1213		-	(Source: P.A. 102-244, eff. 1-1-22.)
1214		-	(320 ILCS 20/15)
1215		-	Sec. 15. Fatality review teams.
1216		-	(a) State policy.
1217		-	(1) Both the State and the community maintain a
1218		-	commitment to preventing the abuse, abandonment, neglect,
1219		-	and financial exploitation of at-risk adults. This
1220		-	includes a charge to bring perpetrators of crimes against
	533	+	SB2799 Enrolled- 16 -LRB103 37565 KTG 67691 b SB2799 Enrolled - 16 - LRB103 37565 KTG 67691 b
	534	+	SB2799 Enrolled - 16 - LRB103 37565 KTG 67691 b
	535	+	1 exploitation is perpetrated by a family member, caregiver, or
	536	+	2 another person who has a continuing relationship with the
	537	+	3 adult, but who is not an employee of the facility where the
	538	+	4 adult resides.
	539	+	5 (f) "Emergency" means a situation in which an eligible
	540	+	6 adult is living in conditions presenting a risk of death or
	541	+	7 physical, mental or sexual injury and the provider agency has
	542	+	8 reason to believe the eligible adult is unable to consent to
	543	+	9 services which would alleviate that risk.
	544	+	10 (f-1) "Financial exploitation" means the use of an
	545	+	11 eligible adult's resources by another to the disadvantage of
	546	+	12 that adult or the profit or advantage of a person other than
	547	+	13 that adult.
	548	+	14 (f-3) "Investment advisor" means any person required to
	549	+	15 register as an investment adviser or investment adviser
	550	+	16 representative under Section 8 of the Illinois Securities Law
	551	+	17 of 1953, which for purposes of this Act excludes any bank,
	552	+	18 trust company, savings bank, or credit union, or their
	553	+	19 respective employees.
	554	+	20 (f-5) "Mandated reporter" means any of the following
	555	+	21 persons while engaged in carrying out their professional
	556	+	22 duties:
	557	+	23 (1) a professional or professional's delegate while
	558	+	24 engaged in: (i) social services, (ii) law enforcement,
	559	+	25 (iii) education, (iv) the care of an eligible adult or
	560	+	26 eligible adults, or (v) any of the occupations required to
1221	561
1222	562
1223		-	at-risk adults to justice and prevent untimely deaths in
1224		-	the community.
1225		-	(2) When an at-risk adult dies, the response to the
1226		-	death by the community, law enforcement, and the State
1227		-	must include an accurate and complete determination of the
1228		-	cause of death, and the development and implementation of
1229		-	measures to prevent future deaths from similar causes.
1230		-	(3) Multidisciplinary and multi-agency reviews of
1231		-	deaths can assist the State and counties in developing a
1232		-	greater understanding of the incidence and causes of
1233		-	premature deaths and the methods for preventing those
1234		-	deaths, improving methods for investigating deaths, and
1235		-	identifying gaps in services to at-risk adults.
1236		-	(4) Access to information regarding the deceased
1237		-	person and his or her family by multidisciplinary and
1238		-	multi-agency fatality review teams is necessary in order
1239		-	to fulfill their purposes and duties.
1240		-	(a-5) Definitions. As used in this Section:
1241		-	"Advisory Council" means the Illinois Fatality Review
1242		-	Team Advisory Council.
1243		-	"Review Team" means a regional interagency fatality
1244		-	review team.
1245		-	(b) The Director, in consultation with the Advisory
1246		-	Council, law enforcement, and other professionals who work in
1247		-	the fields of investigating, treating, or preventing abuse,
1248		-	abandonment, or neglect of at-risk adults, shall appoint
1249	563
1250	564
1251		-	members to a minimum of one review team in each of the
1252		-	Department's planning and service areas. If a review team in
1253		-	an established planning and service area may be better served
1254		-	combining with adjacent planning and service areas for greater
1255		-	access to cases or expansion of expertise, then the Department
1256		-	maintains the right to combine review teams. Each member of a
1257		-	review team shall be appointed for a 2-year term and shall be
1258		-	eligible for reappointment upon the expiration of the term. A
1259		-	review team's purpose in conducting review of at-risk adult
1260		-	deaths is: (i) to assist local agencies in identifying and
1261		-	reviewing suspicious deaths of adult victims of alleged,
1262		-	suspected, or substantiated abuse, abandonment, or neglect in
1263		-	domestic living situations; (ii) to facilitate communications
1264		-	between officials responsible for autopsies and inquests and
1265		-	persons involved in reporting or investigating alleged or
1266		-	suspected cases of abuse, abandonment, neglect, or financial
1267		-	exploitation of at-risk adults and persons involved in
1268		-	providing services to at-risk adults; (iii) to evaluate means
1269		-	by which the death might have been prevented; and (iv) to
1270		-	report its findings to the appropriate agencies and the
1271		-	Advisory Council and make recommendations that may help to
1272		-	reduce the number of at-risk adult deaths caused by abuse,
1273		-	abandonment, and neglect and that may help to improve the
1274		-	investigations of deaths of at-risk adults and increase
1275		-	prosecutions, if appropriate.
1276		-	(b-5) Each such team shall be composed of representatives
	565	+
	566	+	SB2799 Enrolled - 16 - LRB103 37565 KTG 67691 b
1277	567
1278	568
1279		-	of entities and individuals including, but not limited to:
1280		-	(1) the Department on Aging or the delegated regional
1281		-	administrative agency as appointed by the Department;
1282		-	(2) coroners or medical examiners (or both);
1283		-	(3) State's Attorneys;
1284		-	(4) local police departments;
1285		-	(5) forensic units;
1286		-	(6) local health departments;
1287		-	(7) a social service or health care agency that
1288		-	provides services to persons with mental illness, in a
1289		-	program whose accreditation to provide such services is
1290		-	recognized by the Division of Mental Health within the
1291		-	Department of Human Services;
1292		-	(8) a social service or health care agency that
1293		-	provides services to persons with developmental
1294		-	disabilities, in a program whose accreditation to provide
1295		-	such services is recognized by the Division of
1296		-	Developmental Disabilities within the Department of Human
1297		-	Services;
1298		-	(9) a local hospital, trauma center, or provider of
1299		-	emergency medicine;
1300		-	(10) providers of services for eligible adults in
1301		-	domestic living situations; and
1302		-	(11) a physician, psychiatrist, or other health care
1303		-	provider knowledgeable about abuse, abandonment, and
1304		-	neglect of at-risk adults.
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	570	+	SB2799 Enrolled - 17 - LRB103 37565 KTG 67691 b
	571	+	1 be licensed under the Behavior Analyst Licensing Act, the
	572	+	2 Clinical Psychologist Licensing Act, the Clinical Social
	573	+	3 Work and Social Work Practice Act, the Illinois Dental
	574	+	4 Practice Act, the Dietitian Nutritionist Practice Act, the
	575	+	5 Marriage and Family Therapy Licensing Act, the Medical
	576	+	6 Practice Act of 1987, the Naprapathic Practice Act, the
	577	+	7 Nurse Practice Act, the Nursing Home Administrators
	578	+	8 Licensing and Disciplinary Act, the Illinois Occupational
	579	+	9 Therapy Practice Act, the Illinois Optometric Practice Act
	580	+	10 of 1987, the Pharmacy Practice Act, the Illinois Physical
	581	+	11 Therapy Act, the Physician Assistant Practice Act of 1987,
	582	+	12 the Podiatric Medical Practice Act of 1987, the
	583	+	13 Respiratory Care Practice Act, the Professional Counselor
	584	+	14 and Clinical Professional Counselor Licensing and Practice
	585	+	15 Act, the Illinois Speech-Language Pathology and Audiology
	586	+	16 Practice Act, the Veterinary Medicine and Surgery Practice
	587	+	17 Act of 2004, and the Illinois Public Accounting Act;
	588	+	18 (1.5) an employee of an entity providing developmental
	589	+	19 disabilities services or service coordination funded by
	590	+	20 the Department of Human Services;
	591	+	21 (2) an employee of a vocational rehabilitation
	592	+	22 facility prescribed or supervised by the Department of
	593	+	23 Human Services;
	594	+	24 (3) an administrator, employee, or person providing
	595	+	25 services in or through an unlicensed community based
	596	+	26 facility;
1305	597
1306	598
1307		-	(c) A review team shall review cases of deaths of at-risk
1308		-	adults occurring in its planning and service area (i)
1309		-	involving blunt force trauma or an undetermined manner or
1310		-	suspicious cause of death; (ii) if requested by the deceased's
1311		-	attending physician or an emergency room physician; (iii) upon
1312		-	referral by a health care provider; (iv) upon referral by a
1313		-	coroner or medical examiner; (v) constituting an open or
1314		-	closed case from an adult protective services agency, law
1315		-	enforcement agency, State's Attorney's office, or the
1316		-	Department of Human Services' Office of the Inspector General
1317		-	that involves alleged or suspected abuse, abandonment,
1318		-	neglect, or financial exploitation; or (vi) upon referral by a
1319		-	law enforcement agency or State's Attorney's office. If such a
1320		-	death occurs in a planning and service area where a review team
1321		-	has not yet been established, the Director shall request that
1322		-	the Advisory Council or another review team review that death.
1323		-	A team may also review deaths of at-risk adults if the alleged
1324		-	abuse, abandonment, or neglect occurred while the person was
1325		-	residing in a domestic living situation.
1326		-	A review team shall meet not less than 2 4 times a year to
1327		-	discuss cases for its possible review. Each review team, with
1328		-	the advice and consent of the Department, shall establish
1329		-	criteria to be used in discussing cases of alleged, suspected,
1330		-	or substantiated abuse, abandonment, or neglect for review and
1331		-	shall conduct its activities in accordance with any applicable
1332		-	policies and procedures established by the Department.
1333	599
1334	600
1335		-	(c-5) The Illinois Fatality Review Team Advisory Council,
1336		-	consisting of one member from each review team in Illinois,
1337		-	shall be the coordinating and oversight body for review teams
1338		-	and activities in Illinois. The Director may appoint to the
1339		-	Advisory Council any ex-officio members deemed necessary.
1340		-	Persons with expertise needed by the Advisory Council may be
1341		-	invited to meetings. The Advisory Council must select from its
1342		-	members a chairperson and a vice-chairperson, each to serve a
1343		-	2-year term. The chairperson or vice-chairperson may be
1344		-	selected to serve additional, subsequent terms. The Advisory
1345		-	Council must meet at least 2 4 times during each calendar year.
1346		-	The Department may provide or arrange for the staff
1347		-	support necessary for the Advisory Council to carry out its
1348		-	duties. The Director, in cooperation and consultation with the
1349		-	Advisory Council, shall appoint, reappoint, and remove review
1350		-	team members.
1351		-	The Advisory Council has, but is not limited to, the
1352		-	following duties:
1353		-	(1) To serve as the voice of review teams in Illinois.
1354		-	(2) To oversee the review teams in order to ensure
1355		-	that the review teams' work is coordinated and in
1356		-	compliance with State statutes and the operating protocol.
1357		-	(3) To ensure that the data, results, findings, and
1358		-	recommendations of the review teams are adequately used in
1359		-	a timely manner to make any necessary changes to the
1360		-	policies, procedures, and State statutes in order to
	601	+
	602	+	SB2799 Enrolled - 17 - LRB103 37565 KTG 67691 b
1361	603
1362	604
1363		-	protect at-risk adults.
1364		-	(4) To collaborate with the Department in order to
1365		-	develop any legislation needed to prevent unnecessary
1366		-	deaths of at-risk adults.
1367		-	(5) To ensure that the review teams' review processes
1368		-	are standardized in order to convey data, findings, and
1369		-	recommendations in a usable format.
1370		-	(6) To serve as a link with review teams throughout
1371		-	the country and to participate in national review team
1372		-	activities.
1373		-	(7) To provide the review teams with the most current
1374		-	information and practices concerning at-risk adult death
1375		-	review and related topics.
1376		-	(8) To perform any other functions necessary to
1377		-	enhance the capability of the review teams to reduce and
1378		-	prevent at-risk adult fatalities.
1379		-	The Advisory Council may prepare an annual report, in
1380		-	consultation with the Department, using aggregate data
1381		-	gathered by review teams and using the review teams'
1382		-	recommendations to develop education, prevention, prosecution,
1383		-	or other strategies designed to improve the coordination of
1384		-	services for at-risk adults and their families.
1385		-	In any instance where a review team does not operate in
1386		-	accordance with established protocol, the Director, in
1387		-	consultation and cooperation with the Advisory Council, must
1388		-	take any necessary actions to bring the review team into
	605	+	SB2799 Enrolled- 18 -LRB103 37565 KTG 67691 b SB2799 Enrolled - 18 - LRB103 37565 KTG 67691 b
	606	+	SB2799 Enrolled - 18 - LRB103 37565 KTG 67691 b
	607	+	1 (4) any religious practitioner who provides treatment
	608	+	2 by prayer or spiritual means alone in accordance with the
	609	+	3 tenets and practices of a recognized church or religious
	610	+	4 denomination, except as to information received in any
	611	+	5 confession or sacred communication enjoined by the
	612	+	6 discipline of the religious denomination to be held
	613	+	7 confidential;
	614	+	8 (5) field personnel of the Department of Healthcare
	615	+	9 and Family Services, Department of Public Health, and
	616	+	10 Department of Human Services, and any county or municipal
	617	+	11 health department;
	618	+	12 (6) personnel of the Department of Human Services, the
	619	+	13 Guardianship and Advocacy Commission, the State Fire
	620	+	14 Marshal, local fire departments, the Department on Aging
	621	+	15 and its subsidiary Area Agencies on Aging and provider
	622	+	16 agencies, except the State Long Term Care Ombudsman and
	623	+	17 any of his or her representatives or volunteers where
	624	+	18 prohibited from making such a report pursuant to 45 CFR
	625	+	19 1324.11(e)(3)(iv);
	626	+	20 (7) any employee of the State of Illinois not
	627	+	21 otherwise specified herein who is involved in providing
	628	+	22 services to eligible adults, including professionals
	629	+	23 providing medical or rehabilitation services and all other
	630	+	24 persons having direct contact with eligible adults;
	631	+	25 (8) a person who performs the duties of a coroner or
	632	+	26 medical examiner;
1389	633
1390	634
1391		-	compliance with the protocol.
1392		-	(d) Any document or oral or written communication shared
1393		-	within or produced by the review team relating to a case
1394		-	discussed or reviewed by the review team is confidential and
1395		-	is not admissible as evidence in any civil or criminal
1396		-	proceeding, except for use by a State's Attorney's office in
1397		-	prosecuting a criminal case against a caregiver. Those records
1398		-	and information are, however, subject to discovery or
1399		-	subpoena, and are admissible as evidence, to the extent they
1400		-	are otherwise available to the public.
1401		-	Any document or oral or written communication provided to
1402		-	a review team by an individual or entity, and created by that
1403		-	individual or entity solely for the use of the review team, is
1404		-	confidential, is not subject to disclosure to or discoverable
1405		-	by another party, and is not admissible as evidence in any
1406		-	civil or criminal proceeding, except for use by a State's
1407		-	Attorney's office in prosecuting a criminal case against a
1408		-	caregiver. Those records and information are, however, subject
1409		-	to discovery or subpoena, and are admissible as evidence, to
1410		-	the extent they are otherwise available to the public.
1411		-	Each entity or individual represented on the fatality
1412		-	review team may share with other members of the team
1413		-	information in the entity's or individual's possession
1414		-	concerning the decedent who is the subject of the review or
1415		-	concerning any person who was in contact with the decedent, as
1416		-	well as any other information deemed by the entity or
1417	635
1418	636
1419		-	individual to be pertinent to the review. Any such information
1420		-	shared by an entity or individual with other members of the
1421		-	review team is confidential. The intent of this paragraph is
1422		-	to permit the disclosure to members of the review team of any
1423		-	information deemed confidential or privileged or prohibited
1424		-	from disclosure by any other provision of law. Release of
1425		-	confidential communication between domestic violence advocates
1426		-	and a domestic violence victim shall follow subsection (d) of
1427		-	Section 227 of the Illinois Domestic Violence Act of 1986
1428		-	which allows for the waiver of privilege afforded to
1429		-	guardians, executors, or administrators of the estate of the
1430		-	domestic violence victim. This provision relating to the
1431		-	release of confidential communication between domestic
1432		-	violence advocates and a domestic violence victim shall
1433		-	exclude adult protective service providers.
1434		-	A coroner's or medical examiner's office may share with
1435		-	the review team medical records that have been made available
1436		-	to the coroner's or medical examiner's office in connection
1437		-	with that office's investigation of a death.
1438		-	Members of a review team and the Advisory Council are not
1439		-	subject to examination, in any civil or criminal proceeding,
1440		-	concerning information presented to members of the review team
1441		-	or the Advisory Council or opinions formed by members of the
1442		-	review team or the Advisory Council based on that information.
1443		-	A person may, however, be examined concerning information
1444		-	provided to a review team or the Advisory Council.
	637	+
	638	+	SB2799 Enrolled - 18 - LRB103 37565 KTG 67691 b
1445	639
1446	640
1447		-	(d-5) Meetings of the review teams and the Advisory
1448		-	Council are exempt from may be closed to the public under the
1449		-	Open Meetings Act. Records and information provided to a
1450		-	review team and the Advisory Council, and records maintained
1451		-	by a team or the Advisory Council, are exempt from release
1452		-	under the Freedom of Information Act.
1453		-	(e) A review team's recommendation in relation to a case
1454		-	discussed or reviewed by the review team, including, but not
1455		-	limited to, a recommendation concerning an investigation or
1456		-	prosecution, may be disclosed by the review team upon the
1457		-	completion of its review and at the discretion of a majority of
1458		-	its members who reviewed the case.
1459		-	(e-5) The State shall indemnify and hold harmless members
1460		-	of a review team and the Advisory Council for all their acts,
1461		-	omissions, decisions, or other conduct arising out of the
1462		-	scope of their service on the review team or Advisory Council,
1463		-	except those involving willful or wanton misconduct. The
1464		-	method of providing indemnification shall be as provided in
1465		-	the State Employee Indemnification Act.
1466		-	(f) The Department, in consultation with coroners, medical
1467		-	examiners, and law enforcement agencies, shall use aggregate
1468		-	data gathered by and recommendations from the Advisory Council
1469		-	and the review teams to create an annual report and may use
1470		-	those data and recommendations to develop education,
1471		-	prevention, prosecution, or other strategies designed to
1472		-	improve the coordination of services for at-risk adults and
	641	+	SB2799 Enrolled- 19 -LRB103 37565 KTG 67691 b SB2799 Enrolled - 19 - LRB103 37565 KTG 67691 b
	642	+	SB2799 Enrolled - 19 - LRB103 37565 KTG 67691 b
	643	+	1 (9) a person who performs the duties of a paramedic or
	644	+	2 an emergency medical technician; or
	645	+	3 (10) a person who performs the duties of an investment
	646	+	4 advisor.
	647	+	5 (g) "Neglect" means another individual's failure to
	648	+	6 provide an eligible adult with or willful withholding from an
	649	+	7 eligible adult the necessities of life including, but not
	650	+	8 limited to, food, clothing, shelter or health care. This
	651	+	9 subsection does not create any new affirmative duty to provide
	652	+	10 support to eligible adults. Nothing in this Act shall be
	653	+	11 construed to mean that an eligible adult is a victim of neglect
	654	+	12 because of health care services provided or not provided by
	655	+	13 licensed health care professionals.
	656	+	14 (h) "Provider agency" means any public or nonprofit agency
	657	+	15 in a planning and service area that is selected by the
	658	+	16 Department or appointed by the regional administrative agency
	659	+	17 with prior approval by the Department on Aging to receive and
	660	+	18 assess reports of alleged or suspected abuse, abandonment,
	661	+	19 neglect, or financial exploitation. A provider agency is also
	662	+	20 referenced as a "designated agency" in this Act.
	663	+	21 (i) "Regional administrative agency" means any public or
	664	+	22 nonprofit agency in a planning and service area that provides
	665	+	23 regional oversight and performs functions as set forth in
	666	+	24 subsection (b) of Section 3 of this Act. The Department shall
	667	+	25 designate an Area Agency on Aging as the regional
	668	+	26 administrative agency or, in the event the Area Agency on
1473	669
1474	670
1475		-	their families. The Department or other State or county
1476		-	agency, in consultation with coroners, medical examiners, and
1477		-	law enforcement agencies, also may use aggregate data gathered
1478		-	by the review teams to create a database of at-risk
1479		-	individuals.
1480		-	(g) The Department shall adopt such rules and regulations
1481		-	as it deems necessary to implement this Section.
1482		-	(Source: P.A. 102-244, eff. 1-1-22.)
	671	+
	672	+
	673	+
	674	+	SB2799 Enrolled - 19 - LRB103 37565 KTG 67691 b
	675	+
	676	+
	677	+	SB2799 Enrolled- 20 -LRB103 37565 KTG 67691 b SB2799 Enrolled - 20 - LRB103 37565 KTG 67691 b
	678	+	SB2799 Enrolled - 20 - LRB103 37565 KTG 67691 b
	679	+	1 Aging in that planning and service area is deemed by the
	680	+	2 Department to be unwilling or unable to provide those
	681	+	3 functions, the Department may serve as the regional
	682	+	4 administrative agency or designate another qualified entity to
	683	+	5 serve as the regional administrative agency; any such
	684	+	6 designation shall be subject to terms set forth by the
	685	+	7 Department.
	686	+	8 (i-5) "Self-neglect" means a condition that is the result
	687	+	9 of an eligible adult's inability, due to physical or mental
	688	+	10 impairments, or both, or a diminished capacity, to perform
	689	+	11 essential self-care tasks that substantially threaten his or
	690	+	12 her own health, including: providing essential food, clothing,
	691	+	13 shelter, and health care; and obtaining goods and services
	692	+	14 necessary to maintain physical health, mental health,
	693	+	15 emotional well-being, and general safety. The term includes
	694	+	16 compulsive hoarding, which is characterized by the acquisition
	695	+	17 and retention of large quantities of items and materials that
	696	+	18 produce an extensively cluttered living space, which
	697	+	19 significantly impairs the performance of essential self-care
	698	+	20 tasks or otherwise substantially threatens life or safety.
	699	+	21 (j) "Substantiated case" means a reported case of alleged
	700	+	22 or suspected abuse, abandonment, neglect, financial
	701	+	23 exploitation, or self-neglect in which a provider agency,
	702	+	24 after assessment, determines that there is reason to believe
	703	+	25 abuse, abandonment, neglect, or financial exploitation has
	704	+	26 occurred.
	705	+
	706	+
	707	+
	708	+
	709	+
	710	+	SB2799 Enrolled - 20 - LRB103 37565 KTG 67691 b
	711	+
	712	+
	713	+	SB2799 Enrolled- 21 -LRB103 37565 KTG 67691 b SB2799 Enrolled - 21 - LRB103 37565 KTG 67691 b
	714	+	SB2799 Enrolled - 21 - LRB103 37565 KTG 67691 b
	715	+	1 (k) "Verified" means a determination that there is "clear
	716	+	2 and convincing evidence" that the specific injury or harm
	717	+	3 alleged was the result of abuse, abandonment, neglect, or
	718	+	4 financial exploitation.
	719	+	5 (Source: P.A. 102-244, eff. 1-1-22; 102-953, eff. 5-27-22;
	720	+	6 103-329, eff. 1-1-24.)
	721	+	7 (320 ILCS 20/3) (from Ch. 23, par. 6603)
	722	+	8 Sec. 3. Responsibilities.
	723	+	9 (a) The Department shall establish, design, and manage a
	724	+	10 protective services program for eligible adults who have been,
	725	+	11 or are alleged to be, victims of abuse, abandonment, neglect,
	726	+	12 financial exploitation, or self-neglect. The Department may
	727	+	13 develop policies and procedures to effectively administer all
	728	+	14 aspects of the program defined in this Act. The Department
	729	+	15 shall contract with or fund, or contract with and fund,
	730	+	16 regional administrative agencies, provider agencies, or both,
	731	+	17 for the provision of those functions, and, contingent on
	732	+	18 adequate funding, with attorneys or legal services provider
	733	+	19 agencies for the provision of legal assistance pursuant to
	734	+	20 this Act. Contingent upon adequate funding, the Department, at
	735	+	21 its discretion, may provide funding for legal assistance for
	736	+	22 eligible adults. For self-neglect, the program shall include
	737	+	23 the following services for eligible adults who have been
	738	+	24 removed from their residences for the purpose of cleanup or
	739	+	25 repairs: temporary housing; counseling; and caseworker
	740	+
	741	+
	742	+
	743	+
	744	+
	745	+	SB2799 Enrolled - 21 - LRB103 37565 KTG 67691 b
	746	+
	747	+
	748	+	SB2799 Enrolled- 22 -LRB103 37565 KTG 67691 b SB2799 Enrolled - 22 - LRB103 37565 KTG 67691 b
	749	+	SB2799 Enrolled - 22 - LRB103 37565 KTG 67691 b
	750	+	1 services to try to ensure that the conditions necessitating
	751	+	2 the removal do not reoccur.
	752	+	3 (a-1) The Department shall by rule develop standards for
	753	+	4 minimum staffing levels and staff qualifications. The
	754	+	5 Department shall by rule establish mandatory standards for the
	755	+	6 investigation of abuse, abandonment, neglect, and financial
	756	+	7 exploitation, or self-neglect of eligible adults and mandatory
	757	+	8 procedures for linking eligible adults to appropriate services
	758	+	9 and supports. For self-neglect, the Department may by rule
	759	+	10 establish mandatory standards for the provision of emergent
	760	+	11 casework and follow-up services to mitigate the risk of harm
	761	+	12 or death to the eligible adult.
	762	+	13 (a-5) A provider agency shall, in accordance with rules
	763	+	14 promulgated by the Department, establish a multi-disciplinary
	764	+	15 team to act in an advisory role for the purpose of providing
	765	+	16 professional knowledge and expertise in the handling of
	766	+	17 complex abuse cases involving eligible adults. Each
	767	+	18 multi-disciplinary team shall consist of one volunteer
	768	+	19 representative from the following professions: banking or
	769	+	20 finance; disability care; health care; law; law enforcement;
	770	+	21 mental health care; and clergy. A provider agency may also
	771	+	22 choose to add representatives from the fields of substance
	772	+	23 abuse, domestic violence, sexual assault, or other related
	773	+	24 fields. To support multi-disciplinary teams in this role, law
	774	+	25 enforcement agencies and coroners or medical examiners shall
	775	+	26 supply records as may be requested in particular cases.
	776	+
	777	+
	778	+
	779	+
	780	+
	781	+	SB2799 Enrolled - 22 - LRB103 37565 KTG 67691 b
	782	+
	783	+
	784	+	SB2799 Enrolled- 23 -LRB103 37565 KTG 67691 b SB2799 Enrolled - 23 - LRB103 37565 KTG 67691 b
	785	+	SB2799 Enrolled - 23 - LRB103 37565 KTG 67691 b
	786	+	1 Multi-disciplinary teams shall meet no less than 4 times
	787	+	2 annually.
	788	+	3 (b) Each regional administrative agency shall designate
	789	+	4 provider agencies within its planning and service area with
	790	+	5 prior approval by the Department on Aging, monitor the use of
	791	+	6 services, provide technical assistance to the provider
	792	+	7 agencies and be involved in program development activities.
	793	+	8 (c) Provider agencies shall assist, to the extent
	794	+	9 possible, eligible adults who need agency services to allow
	795	+	10 them to continue to function independently. Such assistance
	796	+	11 shall include, but not be limited to, receiving reports of
	797	+	12 alleged or suspected abuse, abandonment, neglect, financial
	798	+	13 exploitation, or self-neglect, conducting face-to-face
	799	+	14 assessments of such reported cases, determination of
	800	+	15 substantiated cases, referral of substantiated cases for
	801	+	16 necessary support services, referral of criminal conduct to
	802	+	17 law enforcement in accordance with Department guidelines, and
	803	+	18 provision of case work and follow-up services on substantiated
	804	+	19 cases. In the case of a report of alleged or suspected abuse,
	805	+	20 abandonment, or neglect that places an eligible adult at risk
	806	+	21 of injury or death, a provider agency shall respond to the
	807	+	22 report on an emergency basis in accordance with guidelines
	808	+	23 established by the Department by administrative rule and shall
	809	+	24 ensure that it is capable of responding to such a report 24
	810	+	25 hours per day, 7 days per week. A provider agency may use an
	811	+	26 on-call system to respond to reports of alleged or suspected
	812	+
	813	+
	814	+
	815	+
	816	+
	817	+	SB2799 Enrolled - 23 - LRB103 37565 KTG 67691 b
	818	+
	819	+
	820	+	SB2799 Enrolled- 24 -LRB103 37565 KTG 67691 b SB2799 Enrolled - 24 - LRB103 37565 KTG 67691 b
	821	+	SB2799 Enrolled - 24 - LRB103 37565 KTG 67691 b
	822	+	1 abuse, abandonment, or neglect after hours and on weekends.
	823	+	2 (c-5) Where a provider agency has reason to believe that
	824	+	3 the death of an eligible adult may be the result of abuse,
	825	+	4 abandonment, or neglect, including any reports made after
	826	+	5 death, the agency shall immediately report the matter to both
	827	+	6 the appropriate law enforcement agency and the coroner or
	828	+	7 medical examiner. Between 30 and 45 days after making such a
	829	+	8 report, the provider agency again shall contact the law
	830	+	9 enforcement agency and coroner or medical examiner to
	831	+	10 determine whether any further action was taken. Upon request
	832	+	11 by a provider agency, a law enforcement agency and coroner or
	833	+	12 medical examiner shall supply a summary of its action in
	834	+	13 response to a reported death of an eligible adult. A copy of
	835	+	14 the report shall be maintained and all subsequent follow-up
	836	+	15 with the law enforcement agency and coroner or medical
	837	+	16 examiner shall be documented in the case record of the
	838	+	17 eligible adult. If the law enforcement agency, coroner, or
	839	+	18 medical examiner determines the reported death was caused by
	840	+	19 abuse, abandonment, or neglect by a caregiver, the law
	841	+	20 enforcement agency, coroner, or medical examiner shall inform
	842	+	21 the Department, and the Department shall report the
	843	+	22 caregiver's identity on the Registry as described in Section
	844	+	23 7.5 of this Act.
	845	+	24 (d) (Blank). Upon sufficient appropriations to implement a
	846	+	25 statewide program, the Department shall implement a program,
	847	+	26 based on the recommendations of the Self-Neglect Steering
	848	+
	849	+
	850	+
	851	+
	852	+
	853	+	SB2799 Enrolled - 24 - LRB103 37565 KTG 67691 b
	854	+
	855	+
	856	+	SB2799 Enrolled- 25 -LRB103 37565 KTG 67691 b SB2799 Enrolled - 25 - LRB103 37565 KTG 67691 b
	857	+	SB2799 Enrolled - 25 - LRB103 37565 KTG 67691 b
	858	+	1 Committee, for (i) responding to reports of possible
	859	+	2 self-neglect, (ii) protecting the autonomy, rights, privacy,
	860	+	3 and privileges of adults during investigations of possible
	861	+	4 self-neglect and consequential judicial proceedings regarding
	862	+	5 competency, (iii) collecting and sharing relevant information
	863	+	6 and data among the Department, provider agencies, regional
	864	+	7 administrative agencies, and relevant seniors, (iv) developing
	865	+	8 working agreements between provider agencies and law
	866	+	9 enforcement, where practicable, and (v) developing procedures
	867	+	10 for collecting data regarding incidents of self-neglect.
	868	+	11 (Source: P.A. 102-244, eff. 1-1-22.)
	869	+	12 (320 ILCS 20/3.1)
	870	+	13 Sec. 3.1. Adult protective services dementia training.
	871	+	14 (a) This Section shall apply to any person who is employed
	872	+	15 by the Department in the Adult Protective Services division,
	873	+	16 or is contracted with the Department, and works on the
	874	+	17 development or implementation of social services to respond to
	875	+	18 and prevent adult abuse, neglect, or exploitation.
	876	+	19 (b) The Department shall implement a dementia training
	877	+	20 program that must include instruction on the identification of
	878	+	21 people with dementia, risks such as wandering, communication
	879	+	22 impairments, and elder abuse, and the best practices for
	880	+	23 interacting with people with dementia.
	881	+	24 (c) Training of at least 2 hours shall be completed at the
	882	+	25 start of employment with the Adult Protective Services
	883	+
	884	+
	885	+
	886	+
	887	+
	888	+	SB2799 Enrolled - 25 - LRB103 37565 KTG 67691 b
	889	+
	890	+
	891	+	SB2799 Enrolled- 26 -LRB103 37565 KTG 67691 b SB2799 Enrolled - 26 - LRB103 37565 KTG 67691 b
	892	+	SB2799 Enrolled - 26 - LRB103 37565 KTG 67691 b
	893	+	1 division. Persons who are employees of the Adult Protective
	894	+	2 Services division on the effective date of this amendatory Act
	895	+	3 of the 102nd General Assembly shall complete this training
	896	+	4 within 6 months after the effective date of this amendatory
	897	+	5 Act of the 102nd General Assembly. The training shall cover
	898	+	6 the following subjects:
	899	+	7 (1) Alzheimer's disease and dementia.
	900	+	8 (2) Safety risks.
	901	+	9 (3) Communication and behavior.
	902	+	10 (d) Annual continuing education shall include at least 2
	903	+	11 hours of dementia training covering the subjects described in
	904	+	12 subsection (c).
	905	+	13 (e) This Section is designed to address gaps in current
	906	+	14 dementia training requirements for Adult Protective Services
	907	+	15 officials and improve the quality of training. If laws or
	908	+	16 rules existing on the effective date of this amendatory Act of
	909	+	17 the 102nd General Assembly contain more rigorous training
	910	+	18 requirements for Adult Protective Service officials, those
	911	+	19 laws or rules shall apply. Where there is overlap between this
	912	+	20 Section and other laws and rules, the Department shall
	913	+	21 interpret this Section to avoid duplication of requirements
	914	+	22 while ensuring that the minimum requirements set in this
	915	+	23 Section are met.
	916	+	24 (f) The Department may adopt rules for the administration
	917	+	25 of this Section.
	918	+	26 (Source: P.A. 102-4, eff. 4-27-21.)
	919	+
	920	+
	921	+
	922	+
	923	+
	924	+	SB2799 Enrolled - 26 - LRB103 37565 KTG 67691 b
	925	+
	926	+
	927	+	SB2799 Enrolled- 27 -LRB103 37565 KTG 67691 b SB2799 Enrolled - 27 - LRB103 37565 KTG 67691 b
	928	+	SB2799 Enrolled - 27 - LRB103 37565 KTG 67691 b
	929	+	1 (320 ILCS 20/3.5)
	930	+	2 Sec. 3.5. Other responsibilities. The Department shall
	931	+	3 also be responsible for the following activities, contingent
	932	+	4 upon adequate funding; implementation shall be expanded to
	933	+	5 adults with disabilities upon the effective date of this
	934	+	6 amendatory Act of the 98th General Assembly, except those
	935	+	7 responsibilities under subsection (a), which shall be
	936	+	8 undertaken as soon as practicable:
	937	+	9 (a) promotion of a wide range of endeavors for the
	938	+	10 purpose of preventing abuse, abandonment, neglect,
	939	+	11 financial exploitation, and self-neglect, including, but
	940	+	12 not limited to, promotion of public and professional
	941	+	13 education to increase awareness of abuse, abandonment,
	942	+	14 neglect, financial exploitation, and self-neglect; to
	943	+	15 increase reports; to establish access to and use of the
	944	+	16 Registry established under Section 7.5; and to improve
	945	+	17 response by various legal, financial, social, and health
	946	+	18 systems;
	947	+	19 (b) coordination of efforts with other agencies,
	948	+	20 councils, and like entities, to include but not be limited
	949	+	21 to, the Administrative Office of the Illinois Courts, the
	950	+	22 Office of the Attorney General, the Illinois State Police,
	951	+	23 the Illinois Law Enforcement Training Standards Board, the
	952	+	24 State Triad, the Illinois Criminal Justice Information
	953	+	25 Authority, the Departments of Public Health, Healthcare
	954	+
	955	+
	956	+
	957	+
	958	+
	959	+	SB2799 Enrolled - 27 - LRB103 37565 KTG 67691 b
	960	+
	961	+
	962	+	SB2799 Enrolled- 28 -LRB103 37565 KTG 67691 b SB2799 Enrolled - 28 - LRB103 37565 KTG 67691 b
	963	+	SB2799 Enrolled - 28 - LRB103 37565 KTG 67691 b
	964	+	1 and Family Services, and Human Services, the Illinois
	965	+	2 Guardianship and Advocacy Commission, the Family Violence
	966	+	3 Coordinating Council, the Illinois Violence Prevention
	967	+	4 Authority, and other entities which may impact awareness
	968	+	5 of, and response to, abuse, abandonment, neglect,
	969	+	6 financial exploitation, and self-neglect;
	970	+	7 (c) collection and analysis of data;
	971	+	8 (d) monitoring of the performance of regional
	972	+	9 administrative agencies and adult protective services
	973	+	10 agencies;
	974	+	11 (e) promotion of prevention activities;
	975	+	12 (f) establishing and coordinating an aggressive
	976	+	13 training program on the unique nature of adult abuse cases
	977	+	14 with other agencies, councils, and like entities, to
	978	+	15 include but not be limited to the Office of the Attorney
	979	+	16 General, the Illinois State Police, the Illinois Law
	980	+	17 Enforcement Training Standards Board, the State Triad, the
	981	+	18 Illinois Criminal Justice Information Authority, the State
	982	+	19 Departments of Public Health, Healthcare and Family
	983	+	20 Services, and Human Services, the Family Violence
	984	+	21 Coordinating Council, the Illinois Violence Prevention
	985	+	22 Authority, the agency designated by the Governor under
	986	+	23 Section 1 of the Protection and Advocacy for Persons with
	987	+	24 Developmental Disabilities Act, and other entities that
	988	+	25 may impact awareness of and response to abuse,
	989	+	26 abandonment, neglect, financial exploitation, and
	990	+
	991	+
	992	+
	993	+
	994	+
	995	+	SB2799 Enrolled - 28 - LRB103 37565 KTG 67691 b
	996	+
	997	+
	998	+	SB2799 Enrolled- 29 -LRB103 37565 KTG 67691 b SB2799 Enrolled - 29 - LRB103 37565 KTG 67691 b
	999	+	SB2799 Enrolled - 29 - LRB103 37565 KTG 67691 b
	1000	+	1 self-neglect;
	1001	+	2 (g) solicitation of financial institutions for the
	1002	+	3 purpose of making information available to the general
	1003	+	4 public warning of financial exploitation of adults and
	1004	+	5 related financial fraud or abuse, including such
	1005	+	6 information and warnings available through signage or
	1006	+	7 other written materials provided by the Department on the
	1007	+	8 premises of such financial institutions, provided that the
	1008	+	9 manner of displaying or distributing such information is
	1009	+	10 subject to the sole discretion of each financial
	1010	+	11 institution; and
	1011	+	12 (g-1) developing by joint rulemaking with the
	1012	+	13 Department of Financial and Professional Regulation
	1013	+	14 minimum training standards which shall be used by
	1014	+	15 financial institutions for their current and new employees
	1015	+	16 with direct customer contact; the Department of Financial
	1016	+	17 and Professional Regulation shall retain sole visitation
	1017	+	18 and enforcement authority under this subsection (g-1); the
	1018	+	19 Department of Financial and Professional Regulation shall
	1019	+	20 provide bi-annual reports to the Department setting forth
	1020	+	21 aggregate statistics on the training programs required
	1021	+	22 under this subsection (g-1). ; and
	1022	+	23 (h) coordinating efforts with utility and electric
	1023	+	24 companies to send notices in utility bills to explain to
	1024	+	25 persons 60 years of age or older their rights regarding
	1025	+	26 telemarketing and home repair fraud.
	1026	+
	1027	+
	1028	+
	1029	+
	1030	+
	1031	+	SB2799 Enrolled - 29 - LRB103 37565 KTG 67691 b
	1032	+
	1033	+
	1034	+	SB2799 Enrolled- 30 -LRB103 37565 KTG 67691 b SB2799 Enrolled - 30 - LRB103 37565 KTG 67691 b
	1035	+	SB2799 Enrolled - 30 - LRB103 37565 KTG 67691 b
	1036	+	1 (Source: P.A. 102-244, eff. 1-1-22; 102-538, eff. 8-20-21;
	1037	+	2 102-813, eff. 5-13-22.)
	1038	+	3 (320 ILCS 20/4) (from Ch. 23, par. 6604)
	1039	+	4 Sec. 4. Reports of abuse, abandonment, or neglect.
	1040	+	5 (a) Any person who suspects the abuse, abandonment,
	1041	+	6 neglect, financial exploitation, or self-neglect of an
	1042	+	7 eligible adult may report this suspicion or information about
	1043	+	8 the suspicious death of an eligible adult to an agency
	1044	+	9 designated to receive such reports under this Act or to the
	1045	+	10 Department.
	1046	+	11 (a-5) If any mandated reporter has reason to believe that
	1047	+	12 an eligible adult, who because of a disability or other
	1048	+	13 condition or impairment is unable to seek assistance for
	1049	+	14 himself or herself, has, within the previous 12 months, been
	1050	+	15 subjected to abuse, abandonment, neglect, or financial
	1051	+	16 exploitation, the mandated reporter shall, within 24 hours
	1052	+	17 after developing such belief, report this suspicion to an
	1053	+	18 agency designated to receive such reports under this Act or to
	1054	+	19 the Department. The agency designated to receive such reports
	1055	+	20 under this Act or the Department may establish a manner in
	1056	+	21 which a mandated reporter can make the required report through
	1057	+	22 an Internet reporting tool. Information sent and received
	1058	+	23 through the Internet reporting tool is subject to the same
	1059	+	24 rules in this Act as other types of confidential reporting
	1060	+	25 established by the designated agency or the Department.
	1061	+
	1062	+
	1063	+
	1064	+
	1065	+
	1066	+	SB2799 Enrolled - 30 - LRB103 37565 KTG 67691 b
	1067	+
	1068	+
	1069	+	SB2799 Enrolled- 31 -LRB103 37565 KTG 67691 b SB2799 Enrolled - 31 - LRB103 37565 KTG 67691 b
	1070	+	SB2799 Enrolled - 31 - LRB103 37565 KTG 67691 b
	1071	+	1 Whenever a mandated reporter is required to report under this
	1072	+	2 Act in his or her capacity as a member of the staff of a
	1073	+	3 medical or other public or private institution, facility, or
	1074	+	4 agency, he or she shall make a report to an agency designated
	1075	+	5 to receive such reports under this Act or to the Department in
	1076	+	6 accordance with the provisions of this Act and may also notify
	1077	+	7 the person in charge of the institution, facility, or agency
	1078	+	8 or his or her designated agent that the report has been made.
	1079	+	9 Under no circumstances shall any person in charge of such
	1080	+	10 institution, facility, or agency, or his or her designated
	1081	+	11 agent to whom the notification has been made, exercise any
	1082	+	12 control, restraint, modification, or other change in the
	1083	+	13 report or the forwarding of the report to an agency designated
	1084	+	14 to receive such reports under this Act or to the Department.
	1085	+	15 The privileged quality of communication between any
	1086	+	16 professional person required to report and his or her patient
	1087	+	17 or client shall not apply to situations involving abused,
	1088	+	18 abandoned, neglected, or financially exploited eligible adults
	1089	+	19 and shall not constitute grounds for failure to report as
	1090	+	20 required by this Act.
	1091	+	21 (a-6) If a mandated reporter has reason to believe that
	1092	+	22 the death of an eligible adult may be the result of abuse or
	1093	+	23 neglect, the matter shall be reported to an agency designated
	1094	+	24 to receive such reports under this Act or to the Department for
	1095	+	25 subsequent referral to the appropriate law enforcement agency
	1096	+	26 and the coroner or medical examiner in accordance with
	1097	+
	1098	+
	1099	+
	1100	+
	1101	+
	1102	+	SB2799 Enrolled - 31 - LRB103 37565 KTG 67691 b
	1103	+
	1104	+
	1105	+	SB2799 Enrolled- 32 -LRB103 37565 KTG 67691 b SB2799 Enrolled - 32 - LRB103 37565 KTG 67691 b
	1106	+	SB2799 Enrolled - 32 - LRB103 37565 KTG 67691 b
	1107	+	1 subsection (c-5) of Section 3 of this Act.
	1108	+	2 (a-7) A person making a report under this Act in the belief
	1109	+	3 that it is in the alleged victim's best interest shall be
	1110	+	4 immune from criminal or civil liability or professional
	1111	+	5 disciplinary action on account of making the report,
	1112	+	6 notwithstanding any requirements concerning the
	1113	+	7 confidentiality of information with respect to such eligible
	1114	+	8 adult which might otherwise be applicable.
	1115	+	9 (a-9) Law enforcement officers shall continue to report
	1116	+	10 incidents of alleged abuse pursuant to the Illinois Domestic
	1117	+	11 Violence Act of 1986, notwithstanding any requirements under
	1118	+	12 this Act.
	1119	+	13 (b) Any person, institution or agency participating in the
	1120	+	14 making of a report, providing information or records related
	1121	+	15 to a report, assessment, or services, or participating in the
	1122	+	16 investigation of a report under this Act in good faith, or
	1123	+	17 taking photographs or x-rays as a result of an authorized
	1124	+	18 assessment, shall have immunity from any civil, criminal or
	1125	+	19 other liability in any civil, criminal or other proceeding
	1126	+	20 brought in consequence of making such report or assessment or
	1127	+	21 on account of submitting or otherwise disclosing such
	1128	+	22 photographs or x-rays to any agency designated to receive
	1129	+	23 reports of alleged or suspected abuse, abandonment, or
	1130	+	24 neglect. Any person, institution or agency authorized by the
	1131	+	25 Department to provide assessment, intervention, or
	1132	+	26 administrative services under this Act shall, in the good
	1133	+
	1134	+
	1135	+
	1136	+
	1137	+
	1138	+	SB2799 Enrolled - 32 - LRB103 37565 KTG 67691 b
	1139	+
	1140	+
	1141	+	SB2799 Enrolled- 33 -LRB103 37565 KTG 67691 b SB2799 Enrolled - 33 - LRB103 37565 KTG 67691 b
	1142	+	SB2799 Enrolled - 33 - LRB103 37565 KTG 67691 b
	1143	+	1 faith performance of those services, have immunity from any
	1144	+	2 civil, criminal or other liability in any civil, criminal, or
	1145	+	3 other proceeding brought as a consequence of the performance
	1146	+	4 of those services. For the purposes of any civil, criminal, or
	1147	+	5 other proceeding, the good faith of any person required to
	1148	+	6 report, permitted to report, or participating in an
	1149	+	7 investigation of a report of alleged or suspected abuse,
	1150	+	8 abandonment, neglect, financial exploitation, or self-neglect
	1151	+	9 shall be presumed.
	1152	+	10 (c) The identity of a person making a report of alleged or
	1153	+	11 suspected abuse, abandonment, neglect, financial exploitation,
	1154	+	12 or self-neglect or a report concerning information about the
	1155	+	13 suspicious death of an eligible adult under this Act may be
	1156	+	14 disclosed by the Department or other agency provided for in
	1157	+	15 this Act only with such person's written consent or by court
	1158	+	16 order, but is otherwise confidential.
	1159	+	17 (d) The Department shall by rule establish a system for
	1160	+	18 filing and compiling reports made under this Act.
	1161	+	19 (e) Any physician who willfully fails to report as
	1162	+	20 required by this Act shall be referred to the Illinois State
	1163	+	21 Medical Disciplinary Board for action in accordance with
	1164	+	22 subdivision (A)(22) of Section 22 of the Medical Practice Act
	1165	+	23 of 1987. Any dentist or dental hygienist who willfully fails
	1166	+	24 to report as required by this Act shall be referred to the
	1167	+	25 Department of Financial and Professional Regulation for
	1168	+	26 possible disciplinary action in accordance with paragraph 19
	1169	+
	1170	+
	1171	+
	1172	+
	1173	+
	1174	+	SB2799 Enrolled - 33 - LRB103 37565 KTG 67691 b
	1175	+
	1176	+
	1177	+	SB2799 Enrolled- 34 -LRB103 37565 KTG 67691 b SB2799 Enrolled - 34 - LRB103 37565 KTG 67691 b
	1178	+	SB2799 Enrolled - 34 - LRB103 37565 KTG 67691 b
	1179	+	1 of Section 23 of the Illinois Dental Practice Act. Any
	1180	+	2 optometrist who willfully fails to report as required by this
	1181	+	3 Act shall be referred to the Department of Financial and
	1182	+	4 Professional Regulation for action in accordance with
	1183	+	5 paragraph (15) of subsection (a) of Section 24 of the Illinois
	1184	+	6 Optometric Practice Act of 1987. Any other mandated reporter
	1185	+	7 required by this Act to report suspected abuse, abandonment,
	1186	+	8 neglect, or financial exploitation who willfully fails to
	1187	+	9 report the same is guilty of a Class A misdemeanor.
	1188	+	10 (Source: P.A. 102-244, eff. 1-1-22; 103-329, eff. 1-1-24.)
	1189	+	11 (320 ILCS 20/5) (from Ch. 23, par. 6605)
	1190	+	12 Sec. 5. Procedure.
	1191	+	13 (a) A provider agency, upon receiving a report of alleged
	1192	+	14 or suspected abuse, abandonment, neglect, or financial
	1193	+	15 exploitation, shall conduct a face-to-face assessment with
	1194	+	16 respect to such report, in accordance with established law and
	1195	+	17 Department protocols, procedures, and policies. A provider
	1196	+	18 agency that receives a report of self-neglect shall follow the
	1197	+	19 procedures set forth in Section 5.1 designated to receive
	1198	+	20 reports of alleged or suspected abuse, abandonment, neglect,
	1199	+	21 financial exploitation, or self-neglect under this Act shall,
	1200	+	22 upon receiving such a report, conduct a face-to-face
	1201	+	23 assessment with respect to such report, in accord with
	1202	+	24 established law and Department protocols, procedures, and
	1203	+	25 policies. Face-to-face assessments, casework, and follow-up of
	1204	+
	1205	+
	1206	+
	1207	+
	1208	+
	1209	+	SB2799 Enrolled - 34 - LRB103 37565 KTG 67691 b
	1210	+
	1211	+
	1212	+	SB2799 Enrolled- 35 -LRB103 37565 KTG 67691 b SB2799 Enrolled - 35 - LRB103 37565 KTG 67691 b
	1213	+	SB2799 Enrolled - 35 - LRB103 37565 KTG 67691 b
	1214	+	1 reports of self-neglect by the provider agencies designated to
	1215	+	2 receive reports of self-neglect shall be subject to sufficient
	1216	+	3 appropriation for statewide implementation of assessments,
	1217	+	4 casework, and follow-up of reports of self-neglect. In the
	1218	+	5 absence of sufficient appropriation for statewide
	1219	+	6 implementation of assessments, casework, and follow-up of
	1220	+	7 reports of self-neglect, the designated adult protective
	1221	+	8 services provider agency shall refer all reports of
	1222	+	9 self-neglect to the appropriate agency or agencies as
	1223	+	10 designated by the Department for any follow-up.
	1224	+	11 (b) The assessment shall include, but not be limited to, a
	1225	+	12 visit to the residence of the eligible adult who is the subject
	1226	+	13 of the report and shall include interviews or consultations
	1227	+	14 regarding the allegations with service agencies, immediate
	1228	+	15 family members, and individuals who may have knowledge of the
	1229	+	16 eligible adult's circumstances based on the consent of the
	1230	+	17 eligible adult in all instances, except where the provider
	1231	+	18 agency is acting in the best interest of an eligible adult who
	1232	+	19 is unable to seek assistance for himself or herself and where
	1233	+	20 there are allegations against a caregiver who has assumed
	1234	+	21 responsibilities in exchange for compensation. If, after the
	1235	+	22 assessment, the provider agency determines that the case is
	1236	+	23 substantiated it shall develop a service care plan for the
	1237	+	24 eligible adult and may report its findings at any time during
	1238	+	25 the case to the appropriate law enforcement agency in accord
	1239	+	26 with established law and Department protocols, procedures, and
	1240	+
	1241	+
	1242	+
	1243	+
	1244	+
	1245	+	SB2799 Enrolled - 35 - LRB103 37565 KTG 67691 b
	1246	+
	1247	+
	1248	+	SB2799 Enrolled- 36 -LRB103 37565 KTG 67691 b SB2799 Enrolled - 36 - LRB103 37565 KTG 67691 b
	1249	+	SB2799 Enrolled - 36 - LRB103 37565 KTG 67691 b
	1250	+	1 policies. In developing a case plan, the provider agency may
	1251	+	2 consult with any other appropriate provider of services, and
	1252	+	3 such providers shall be immune from civil or criminal
	1253	+	4 liability on account of such acts, except for intentional,
	1254	+	5 willful, or wanton conduct. The plan shall include alternative
	1255	+	6 suggested or recommended services which are appropriate to the
	1256	+	7 needs of the eligible adult and which involve the least
	1257	+	8 restriction of the eligible adult's activities commensurate
	1258	+	9 with his or her needs. Only those services to which consent is
	1259	+	10 provided in accordance with Section 9 of this Act shall be
	1260	+	11 provided, contingent upon the availability of such services.
	1261	+	12 (c) (b) A provider agency shall refer evidence of crimes
	1262	+	13 against an eligible adult to the appropriate law enforcement
	1263	+	14 agency according to Department policies. A referral to law
	1264	+	15 enforcement may be made at intake, at any time during the case,
	1265	+	16 or after a report of a suspicious death, depending upon the
	1266	+	17 circumstances. Where a provider agency has reason to believe
	1267	+	18 the death of an eligible adult may be the result of abuse,
	1268	+	19 abandonment, or neglect, the agency shall immediately report
	1269	+	20 the matter to the coroner or medical examiner and shall
	1270	+	21 cooperate fully with any subsequent investigation.
	1271	+	22 (d) (c) If any person other than the alleged victim
	1272	+	23 refuses to allow the provider agency to begin an
	1273	+	24 investigation, interferes with the provider agency's ability
	1274	+	25 to conduct an investigation, or refuses to give access to an
	1275	+	26 eligible adult, the appropriate law enforcement agency must be
	1276	+
	1277	+
	1278	+
	1279	+
	1280	+
	1281	+	SB2799 Enrolled - 36 - LRB103 37565 KTG 67691 b
	1282	+
	1283	+
	1284	+	SB2799 Enrolled- 37 -LRB103 37565 KTG 67691 b SB2799 Enrolled - 37 - LRB103 37565 KTG 67691 b
	1285	+	SB2799 Enrolled - 37 - LRB103 37565 KTG 67691 b
	1286	+	1 consulted regarding the investigation.
	1287	+	2 (Source: P.A. 102-244, eff. 1-1-22; 103-329, eff. 1-1-24.)
	1288	+	3 (320 ILCS 20/5.1 new)
	1289	+	4 Sec. 5.1. Procedure for self-neglect.
	1290	+	5 (a) A provider agency, upon receiving a report of
	1291	+	6 self-neglect, shall conduct no less than 2 unannounced
	1292	+	7 face-to-face visits at the residence of the eligible adult to
	1293	+	8 administer, upon consent, the eligibility screening. The
	1294	+	9 eligibility screening is intended to quickly determine if the
	1295	+	10 eligible adult is posing a substantial threat to themselves or
	1296	+	11 others. A full assessment phase shall not be completed for
	1297	+	12 self-neglect cases, and with individual consent, verified
	1298	+	13 self-neglect cases shall immediately enter the casework phase
	1299	+	14 to begin service referrals to mitigate risk unless
	1300	+	15 self-neglect occurs concurrently with another reported abuse
	1301	+	16 type (abuse, neglect, or exploitation), a full assessment
	1302	+	17 shall occur.
	1303	+	18 (b) The eligibility screening shall include, but is not
	1304	+	19 limited to:
	1305	+	20 (1) an interview with the eligible adult;
	1306	+	21 (2) with eligible adult consent, interviews or
	1307	+	22 consultations regarding the allegations with immediate
	1308	+	23 family members, and other individuals who may have
	1309	+	24 knowledge of the eligible adult's circumstances; and
	1310	+	25 (3) an inquiry of active service providers engaged
	1311	+
	1312	+
	1313	+
	1314	+
	1315	+
	1316	+	SB2799 Enrolled - 37 - LRB103 37565 KTG 67691 b
	1317	+
	1318	+
	1319	+	SB2799 Enrolled- 38 -LRB103 37565 KTG 67691 b SB2799 Enrolled - 38 - LRB103 37565 KTG 67691 b
	1320	+	SB2799 Enrolled - 38 - LRB103 37565 KTG 67691 b
	1321	+	1 with the eligible adult who are providing services that
	1322	+	2 are mitigating the risk identified on the intake. These
	1323	+	3 services providers may be, but are not limited to:
	1324	+	4 (i) Managed care organizations.
	1325	+	5 (ii) Case coordination units.
	1326	+	6 (iii) The Department of Human Services' Division
	1327	+	7 of Rehabilitation Services.
	1328	+	8 (iv) The Department of Human Services' Division of
	1329	+	9 Developmental Disabilities.
	1330	+	10 (v) The Department of Human Services' Division of
	1331	+	11 Mental Health.
	1332	+	12 (c) During the visit, a provider agency shall obtain the
	1333	+	13 consent of the eligible adult before initiating the
	1334	+	14 eligibility screening. If the eligible adult cannot consent
	1335	+	15 and no surrogate decision maker is established, and where the
	1336	+	16 provider agency is acting in the best interest of an eligible
	1337	+	17 adult who is unable to seek assistance for themselves, the
	1338	+	18 provider agency shall conduct the eligibility screening as
	1339	+	19 described in subsection (b).
	1340	+	20 (d) When the eligibility screening indicates that the
	1341	+	21 individual is experiencing self-neglect, the provider agency
	1342	+	22 shall within 10 business days and with client consent, develop
	1343	+	23 an initial case plan.
	1344	+	24 (e) In developing a case plan, the provider agency shall
	1345	+	25 consult with any other appropriate provider of services to
	1346	+	26 ensure no duplications of services. Such providers shall be
	1347	+
	1348	+
	1349	+
	1350	+
	1351	+
	1352	+	SB2799 Enrolled - 38 - LRB103 37565 KTG 67691 b
	1353	+
	1354	+
	1355	+	SB2799 Enrolled- 39 -LRB103 37565 KTG 67691 b SB2799 Enrolled - 39 - LRB103 37565 KTG 67691 b
	1356	+	SB2799 Enrolled - 39 - LRB103 37565 KTG 67691 b
	1357	+	1 immune from civil or criminal liability on account of such
	1358	+	2 acts except for intentional, willful, or wanton misconduct.
	1359	+	3 (f) The case plan shall be client directed and include
	1360	+	4 recommended services which are appropriate to the needs and
	1361	+	5 wishes of the individual, and which involve the least
	1362	+	6 restriction of the individual's activities commensurate with
	1363	+	7 the individual's needs.
	1364	+	8 (g) Only those services to which consent is provided in
	1365	+	9 accordance with Section 9 of this Act shall be provided,
	1366	+	10 contingent upon the availability of such services.
	1367	+	11 (320 ILCS 20/6) (from Ch. 23, par. 6606)
	1368	+	12 Sec. 6. Time. The Department shall by rule establish the
	1369	+	13 period of time within which an assessment or eligibility
	1370	+	14 screening shall begin and within which a service care plan
	1371	+	15 shall be implemented. Such rules shall provide for an
	1372	+	16 expedited response to emergency situations.
	1373	+	17 (Source: P.A. 85-1184.)
	1374	+	18 (320 ILCS 20/7) (from Ch. 23, par. 6607)
	1375	+	19 Sec. 7. Review. All services provided to an eligible adult
	1376	+	20 shall be reviewed by the provider agency on at least a
	1377	+	21 quarterly basis for up to one year to determine whether the
	1378	+	22 service care plan should be continued or modified, except
	1379	+	23 that, upon review, the Department on Aging may grant a waiver
	1380	+	24 to extend the service care plan for up to one additional year.
	1381	+
	1382	+
	1383	+
	1384	+
	1385	+
	1386	+	SB2799 Enrolled - 39 - LRB103 37565 KTG 67691 b
	1387	+
	1388	+
	1389	+	SB2799 Enrolled- 40 -LRB103 37565 KTG 67691 b SB2799 Enrolled - 40 - LRB103 37565 KTG 67691 b
	1390	+	SB2799 Enrolled - 40 - LRB103 37565 KTG 67691 b
	1391	+	1 Provider agencies shall demonstrate responsiveness and
	1392	+	2 timeliness to eligible adult needs in the provision of
	1393	+	3 services.
	1394	+	4 (Source: P.A. 95-331, eff. 8-21-07.)
	1395	+	5 (320 ILCS 20/7.1)
	1396	+	6 Sec. 7.1. Final investigative report. A provider agency
	1397	+	7 shall prepare a final investigative report, upon the
	1398	+	8 completion or closure of an investigation, in all cases of
	1399	+	9 reported abuse, abandonment, neglect, financial exploitation,
	1400	+	10 or self-neglect of an eligible adult, whether or not there is a
	1401	+	11 substantiated finding. Upon eligible adult consent, notice of
	1402	+	12 findings shall be provided to the eligible adult, the alleged
	1403	+	13 abuser or abusers, and the reporter by the provider agency at
	1404	+	14 the point of substantiation when provision of such would not
	1405	+	15 create an environment of harm to the eligible adult. When a
	1406	+	16 report is accepted, a notice of findings shall include only
	1407	+	17 substantiation type (Substantiated, No Jurisdiction, Unable to
	1408	+	18 locate, not substantiated).
	1409	+	19 (Source: P.A. 102-244, eff. 1-1-22.)
	1410	+	20 (320 ILCS 20/9) (from Ch. 23, par. 6609)
	1411	+	21 Sec. 9. Authority to consent to services.
	1412	+	22 (a) If an eligible adult consents to an assessment of a
	1413	+	23 reported incident of suspected abuse, abandonment, neglect,
	1414	+	24 financial exploitation, or eligibility screening for
	1415	+
	1416	+
	1417	+
	1418	+
	1419	+
	1420	+	SB2799 Enrolled - 40 - LRB103 37565 KTG 67691 b
	1421	+
	1422	+
	1423	+	SB2799 Enrolled- 41 -LRB103 37565 KTG 67691 b SB2799 Enrolled - 41 - LRB103 37565 KTG 67691 b
	1424	+	SB2799 Enrolled - 41 - LRB103 37565 KTG 67691 b
	1425	+	1 self-neglect and, following the assessment of such report,
	1426	+	2 consents to services being provided according to the case
	1427	+	3 plan, such services shall be arranged to meet the adult's
	1428	+	4 needs, based upon the availability of resources to provide
	1429	+	5 such services. If an adult withdraws his or her consent for an
	1430	+	6 assessment of the reported incident or withdraws his or her
	1431	+	7 consent for services and refuses to accept such services, the
	1432	+	8 services shall not be provided.
	1433	+	9 (b) If it reasonably appears to the Department or other
	1434	+	10 agency designated under this Act that a person is an eligible
	1435	+	11 adult and lacks the capacity to consent to an assessment, or
	1436	+	12 eligibility screen, of a reported incident of suspected abuse,
	1437	+	13 abandonment, neglect, financial exploitation, or self-neglect
	1438	+	14 or to necessary services, the Department or other agency shall
	1439	+	15 take appropriate action necessary to ameliorate risk to the
	1440	+	16 eligible adult if there is a threat of ongoing harm or another
	1441	+	17 emergency exists. Once the emergent risk has been mitigated,
	1442	+	18 the The Department or the provider other agency shall be
	1443	+	19 authorized to seek the appointment of a temporary guardian as
	1444	+	20 provided in Article XIa of the Probate Act of 1975 or surrogate
	1445	+	21 decision-maker for the purpose of consenting to an assessment
	1446	+	22 or eligibility screen of the reported incident and such
	1447	+	23 services, together with an order for an evaluation of the
	1448	+	24 eligible adult's physical, psychological, and medical
	1449	+	25 condition and decisional capacity.
	1450	+	26 (c) A guardian of the person of an eligible adult may
	1451	+
	1452	+
	1453	+
	1454	+
	1455	+
	1456	+	SB2799 Enrolled - 41 - LRB103 37565 KTG 67691 b
	1457	+
	1458	+
	1459	+	SB2799 Enrolled- 42 -LRB103 37565 KTG 67691 b SB2799 Enrolled - 42 - LRB103 37565 KTG 67691 b
	1460	+	SB2799 Enrolled - 42 - LRB103 37565 KTG 67691 b
	1461	+	1 consent to an assessment of the reported incident and to
	1462	+	2 services being provided according to the case plan. If an
	1463	+	3 eligible adult lacks capacity to consent, an agent having
	1464	+	4 authority under a power of attorney may consent to an
	1465	+	5 assessment of the reported incident and to services. If the
	1466	+	6 guardian or agent is the suspected abuser and he or she
	1467	+	7 withdraws consent for the assessment of the reported incident,
	1468	+	8 or refuses to allow services to be provided to the eligible
	1469	+	9 adult, the Department, an agency designated under this Act, or
	1470	+	10 the office of the Attorney General may request a court order
	1471	+	11 seeking appropriate remedies, and may in addition request
	1472	+	12 removal of the guardian and appointment of a successor
	1473	+	13 guardian or request removal of the agent and appointment of a
	1474	+	14 guardian.
	1475	+	15 (d) If an emergency exists and the Department or other
	1476	+	16 agency designated under this Act reasonably believes that a
	1477	+	17 person is an eligible adult and lacks the capacity to consent
	1478	+	18 to necessary services, the Department or other agency may
	1479	+	19 request an ex parte order from the circuit court of the county
	1480	+	20 in which the petitioner or respondent resides or in which the
	1481	+	21 alleged abuse, abandonment, neglect, financial exploitation,
	1482	+	22 or self-neglect occurred, authorizing an assessment of a
	1483	+	23 report of alleged or suspected abuse, abandonment, neglect,
	1484	+	24 financial exploitation, or self-neglect or the provision of
	1485	+	25 necessary services, or both, including relief available under
	1486	+	26 the Illinois Domestic Violence Act of 1986 in accord with
	1487	+
	1488	+
	1489	+
	1490	+
	1491	+
	1492	+	SB2799 Enrolled - 42 - LRB103 37565 KTG 67691 b
	1493	+
	1494	+
	1495	+	SB2799 Enrolled- 43 -LRB103 37565 KTG 67691 b SB2799 Enrolled - 43 - LRB103 37565 KTG 67691 b
	1496	+	SB2799 Enrolled - 43 - LRB103 37565 KTG 67691 b
	1497	+	1 established law and Department protocols, procedures, and
	1498	+	2 policies. Petitions filed under this subsection shall be
	1499	+	3 treated as expedited proceedings. When an eligible adult is at
	1500	+	4 risk of serious injury or death and it reasonably appears that
	1501	+	5 the eligible adult lacks capacity to consent to necessary
	1502	+	6 services, the Department or other agency designated under this
	1503	+	7 Act may take action necessary to ameliorate the risk in
	1504	+	8 accordance with administrative rules promulgated by the
	1505	+	9 Department.
	1506	+	10 (d-5) For purposes of this Section, an eligible adult
	1507	+	11 "lacks the capacity to consent" if qualified staff of an
	1508	+	12 agency designated under this Act reasonably determine, in
	1509	+	13 accordance with administrative rules promulgated by the
	1510	+	14 Department, that he or she appears either (i) unable to
	1511	+	15 receive and evaluate information related to the assessment or
	1512	+	16 services or (ii) unable to communicate in any manner decisions
	1513	+	17 related to the assessment of the reported incident or
	1514	+	18 services.
	1515	+	19 (e) Within 15 days after the entry of the ex parte
	1516	+	20 emergency order, the order shall expire, or, if the need for
	1517	+	21 assessment of the reported incident or services continues, the
	1518	+	22 provider agency shall petition for the appointment of a
	1519	+	23 guardian as provided in Article XIa of the Probate Act of 1975
	1520	+	24 for the purpose of consenting to such assessment or services
	1521	+	25 or to protect the eligible adult from further harm.
	1522	+	26 (f) If the court enters an ex parte order under subsection
	1523	+
	1524	+
	1525	+
	1526	+
	1527	+
	1528	+	SB2799 Enrolled - 43 - LRB103 37565 KTG 67691 b
	1529	+
	1530	+
	1531	+	SB2799 Enrolled- 44 -LRB103 37565 KTG 67691 b SB2799 Enrolled - 44 - LRB103 37565 KTG 67691 b
	1532	+	SB2799 Enrolled - 44 - LRB103 37565 KTG 67691 b
	1533	+	1 (d) for an assessment of a reported incident of alleged or
	1534	+	2 suspected abuse, abandonment, neglect, financial exploitation,
	1535	+	3 or self-neglect, or for the provision of necessary services in
	1536	+	4 connection with alleged or suspected self-neglect, or for
	1537	+	5 both, the court, as soon as is practicable thereafter, shall
	1538	+	6 appoint a guardian ad litem for the eligible adult who is the
	1539	+	7 subject of the order, for the purpose of reviewing the
	1540	+	8 reasonableness of the order. The guardian ad litem shall
	1541	+	9 review the order and, if the guardian ad litem reasonably
	1542	+	10 believes that the order is unreasonable, the guardian ad litem
	1543	+	11 shall file a petition with the court stating the guardian ad
	1544	+	12 litem's belief and requesting that the order be vacated.
	1545	+	13 (g) In all cases in which there is a substantiated finding
	1546	+	14 of abuse, abandonment, neglect, or financial exploitation by a
	1547	+	15 guardian, the Department shall, within 30 days after the
	1548	+	16 finding, notify the Probate Court with jurisdiction over the
	1549	+	17 guardianship.
	1550	+	18 (Source: P.A. 102-244, eff. 1-1-22.)
	1551	+	19 (320 ILCS 20/15)
	1552	+	20 Sec. 15. Fatality review teams.
	1553	+	21 (a) State policy.
	1554	+	22 (1) Both the State and the community maintain a
	1555	+	23 commitment to preventing the abuse, abandonment, neglect,
	1556	+	24 and financial exploitation of at-risk adults. This
	1557	+	25 includes a charge to bring perpetrators of crimes against
	1558	+
	1559	+
	1560	+
	1561	+
	1562	+
	1563	+	SB2799 Enrolled - 44 - LRB103 37565 KTG 67691 b
	1564	+
	1565	+
	1566	+	SB2799 Enrolled- 45 -LRB103 37565 KTG 67691 b SB2799 Enrolled - 45 - LRB103 37565 KTG 67691 b
	1567	+	SB2799 Enrolled - 45 - LRB103 37565 KTG 67691 b
	1568	+	1 at-risk adults to justice and prevent untimely deaths in
	1569	+	2 the community.
	1570	+	3 (2) When an at-risk adult dies, the response to the
	1571	+	4 death by the community, law enforcement, and the State
	1572	+	5 must include an accurate and complete determination of the
	1573	+	6 cause of death, and the development and implementation of
	1574	+	7 measures to prevent future deaths from similar causes.
	1575	+	8 (3) Multidisciplinary and multi-agency reviews of
	1576	+	9 deaths can assist the State and counties in developing a
	1577	+	10 greater understanding of the incidence and causes of
	1578	+	11 premature deaths and the methods for preventing those
	1579	+	12 deaths, improving methods for investigating deaths, and
	1580	+	13 identifying gaps in services to at-risk adults.
	1581	+	14 (4) Access to information regarding the deceased
	1582	+	15 person and his or her family by multidisciplinary and
	1583	+	16 multi-agency fatality review teams is necessary in order
	1584	+	17 to fulfill their purposes and duties.
	1585	+	18 (a-5) Definitions. As used in this Section:
	1586	+	19 "Advisory Council" means the Illinois Fatality Review
	1587	+	20 Team Advisory Council.
	1588	+	21 "Review Team" means a regional interagency fatality
	1589	+	22 review team.
	1590	+	23 (b) The Director, in consultation with the Advisory
	1591	+	24 Council, law enforcement, and other professionals who work in
	1592	+	25 the fields of investigating, treating, or preventing abuse,
	1593	+	26 abandonment, or neglect of at-risk adults, shall appoint
	1594	+
	1595	+
	1596	+
	1597	+
	1598	+
	1599	+	SB2799 Enrolled - 45 - LRB103 37565 KTG 67691 b
	1600	+
	1601	+
	1602	+	SB2799 Enrolled- 46 -LRB103 37565 KTG 67691 b SB2799 Enrolled - 46 - LRB103 37565 KTG 67691 b
	1603	+	SB2799 Enrolled - 46 - LRB103 37565 KTG 67691 b
	1604	+	1 members to a minimum of one review team in each of the
	1605	+	2 Department's planning and service areas. If a review team in
	1606	+	3 an established planning and service area may be better served
	1607	+	4 combining with adjacent planning and service areas for greater
	1608	+	5 access to cases or expansion of expertise, then the Department
	1609	+	6 maintains the right to combine review teams. Each member of a
	1610	+	7 review team shall be appointed for a 2-year term and shall be
	1611	+	8 eligible for reappointment upon the expiration of the term. A
	1612	+	9 review team's purpose in conducting review of at-risk adult
	1613	+	10 deaths is: (i) to assist local agencies in identifying and
	1614	+	11 reviewing suspicious deaths of adult victims of alleged,
	1615	+	12 suspected, or substantiated abuse, abandonment, or neglect in
	1616	+	13 domestic living situations; (ii) to facilitate communications
	1617	+	14 between officials responsible for autopsies and inquests and
	1618	+	15 persons involved in reporting or investigating alleged or
	1619	+	16 suspected cases of abuse, abandonment, neglect, or financial
	1620	+	17 exploitation of at-risk adults and persons involved in
	1621	+	18 providing services to at-risk adults; (iii) to evaluate means
	1622	+	19 by which the death might have been prevented; and (iv) to
	1623	+	20 report its findings to the appropriate agencies and the
	1624	+	21 Advisory Council and make recommendations that may help to
	1625	+	22 reduce the number of at-risk adult deaths caused by abuse,
	1626	+	23 abandonment, and neglect and that may help to improve the
	1627	+	24 investigations of deaths of at-risk adults and increase
	1628	+	25 prosecutions, if appropriate.
	1629	+	26 (b-5) Each such team shall be composed of representatives
	1630	+
	1631	+
	1632	+
	1633	+
	1634	+
	1635	+	SB2799 Enrolled - 46 - LRB103 37565 KTG 67691 b
	1636	+
	1637	+
	1638	+	SB2799 Enrolled- 47 -LRB103 37565 KTG 67691 b SB2799 Enrolled - 47 - LRB103 37565 KTG 67691 b
	1639	+	SB2799 Enrolled - 47 - LRB103 37565 KTG 67691 b
	1640	+	1 of entities and individuals including, but not limited to:
	1641	+	2 (1) the Department on Aging or the delegated regional
	1642	+	3 administrative agency as appointed by the Department;
	1643	+	4 (2) coroners or medical examiners (or both);
	1644	+	5 (3) State's Attorneys;
	1645	+	6 (4) local police departments;
	1646	+	7 (5) forensic units;
	1647	+	8 (6) local health departments;
	1648	+	9 (7) a social service or health care agency that
	1649	+	10 provides services to persons with mental illness, in a
	1650	+	11 program whose accreditation to provide such services is
	1651	+	12 recognized by the Division of Mental Health within the
	1652	+	13 Department of Human Services;
	1653	+	14 (8) a social service or health care agency that
	1654	+	15 provides services to persons with developmental
	1655	+	16 disabilities, in a program whose accreditation to provide
	1656	+	17 such services is recognized by the Division of
	1657	+	18 Developmental Disabilities within the Department of Human
	1658	+	19 Services;
	1659	+	20 (9) a local hospital, trauma center, or provider of
	1660	+	21 emergency medicine;
	1661	+	22 (10) providers of services for eligible adults in
	1662	+	23 domestic living situations; and
	1663	+	24 (11) a physician, psychiatrist, or other health care
	1664	+	25 provider knowledgeable about abuse, abandonment, and
	1665	+	26 neglect of at-risk adults.
	1666	+
	1667	+
	1668	+
	1669	+
	1670	+
	1671	+	SB2799 Enrolled - 47 - LRB103 37565 KTG 67691 b
	1672	+
	1673	+
	1674	+	SB2799 Enrolled- 48 -LRB103 37565 KTG 67691 b SB2799 Enrolled - 48 - LRB103 37565 KTG 67691 b
	1675	+	SB2799 Enrolled - 48 - LRB103 37565 KTG 67691 b
	1676	+	1 (c) A review team shall review cases of deaths of at-risk
	1677	+	2 adults occurring in its planning and service area (i)
	1678	+	3 involving blunt force trauma or an undetermined manner or
	1679	+	4 suspicious cause of death; (ii) if requested by the deceased's
	1680	+	5 attending physician or an emergency room physician; (iii) upon
	1681	+	6 referral by a health care provider; (iv) upon referral by a
	1682	+	7 coroner or medical examiner; (v) constituting an open or
	1683	+	8 closed case from an adult protective services agency, law
	1684	+	9 enforcement agency, State's Attorney's office, or the
	1685	+	10 Department of Human Services' Office of the Inspector General
	1686	+	11 that involves alleged or suspected abuse, abandonment,
	1687	+	12 neglect, or financial exploitation; or (vi) upon referral by a
	1688	+	13 law enforcement agency or State's Attorney's office. If such a
	1689	+	14 death occurs in a planning and service area where a review team
	1690	+	15 has not yet been established, the Director shall request that
	1691	+	16 the Advisory Council or another review team review that death.
	1692	+	17 A team may also review deaths of at-risk adults if the alleged
	1693	+	18 abuse, abandonment, or neglect occurred while the person was
	1694	+	19 residing in a domestic living situation.
	1695	+	20 A review team shall meet not less than 2 4 times a year to
	1696	+	21 discuss cases for its possible review. Each review team, with
	1697	+	22 the advice and consent of the Department, shall establish
	1698	+	23 criteria to be used in discussing cases of alleged, suspected,
	1699	+	24 or substantiated abuse, abandonment, or neglect for review and
	1700	+	25 shall conduct its activities in accordance with any applicable
	1701	+	26 policies and procedures established by the Department.
	1702	+
	1703	+
	1704	+
	1705	+
	1706	+
	1707	+	SB2799 Enrolled - 48 - LRB103 37565 KTG 67691 b
	1708	+
	1709	+
	1710	+	SB2799 Enrolled- 49 -LRB103 37565 KTG 67691 b SB2799 Enrolled - 49 - LRB103 37565 KTG 67691 b
	1711	+	SB2799 Enrolled - 49 - LRB103 37565 KTG 67691 b
	1712	+	1 (c-5) The Illinois Fatality Review Team Advisory Council,
	1713	+	2 consisting of one member from each review team in Illinois,
	1714	+	3 shall be the coordinating and oversight body for review teams
	1715	+	4 and activities in Illinois. The Director may appoint to the
	1716	+	5 Advisory Council any ex-officio members deemed necessary.
	1717	+	6 Persons with expertise needed by the Advisory Council may be
	1718	+	7 invited to meetings. The Advisory Council must select from its
	1719	+	8 members a chairperson and a vice-chairperson, each to serve a
	1720	+	9 2-year term. The chairperson or vice-chairperson may be
	1721	+	10 selected to serve additional, subsequent terms. The Advisory
	1722	+	11 Council must meet at least 2 4 times during each calendar year.
	1723	+	12 The Department may provide or arrange for the staff
	1724	+	13 support necessary for the Advisory Council to carry out its
	1725	+	14 duties. The Director, in cooperation and consultation with the
	1726	+	15 Advisory Council, shall appoint, reappoint, and remove review
	1727	+	16 team members.
	1728	+	17 The Advisory Council has, but is not limited to, the
	1729	+	18 following duties:
	1730	+	19 (1) To serve as the voice of review teams in Illinois.
	1731	+	20 (2) To oversee the review teams in order to ensure
	1732	+	21 that the review teams' work is coordinated and in
	1733	+	22 compliance with State statutes and the operating protocol.
	1734	+	23 (3) To ensure that the data, results, findings, and
	1735	+	24 recommendations of the review teams are adequately used in
	1736	+	25 a timely manner to make any necessary changes to the
	1737	+	26 policies, procedures, and State statutes in order to
	1738	+
	1739	+
	1740	+
	1741	+
	1742	+
	1743	+	SB2799 Enrolled - 49 - LRB103 37565 KTG 67691 b
	1744	+
	1745	+
	1746	+	SB2799 Enrolled- 50 -LRB103 37565 KTG 67691 b SB2799 Enrolled - 50 - LRB103 37565 KTG 67691 b
	1747	+	SB2799 Enrolled - 50 - LRB103 37565 KTG 67691 b
	1748	+	1 protect at-risk adults.
	1749	+	2 (4) To collaborate with the Department in order to
	1750	+	3 develop any legislation needed to prevent unnecessary
	1751	+	4 deaths of at-risk adults.
	1752	+	5 (5) To ensure that the review teams' review processes
	1753	+	6 are standardized in order to convey data, findings, and
	1754	+	7 recommendations in a usable format.
	1755	+	8 (6) To serve as a link with review teams throughout
	1756	+	9 the country and to participate in national review team
	1757	+	10 activities.
	1758	+	11 (7) To provide the review teams with the most current
	1759	+	12 information and practices concerning at-risk adult death
	1760	+	13 review and related topics.
	1761	+	14 (8) To perform any other functions necessary to
	1762	+	15 enhance the capability of the review teams to reduce and
	1763	+	16 prevent at-risk adult fatalities.
	1764	+	17 The Advisory Council may prepare an annual report, in
	1765	+	18 consultation with the Department, using aggregate data
	1766	+	19 gathered by review teams and using the review teams'
	1767	+	20 recommendations to develop education, prevention, prosecution,
	1768	+	21 or other strategies designed to improve the coordination of
	1769	+	22 services for at-risk adults and their families.
	1770	+	23 In any instance where a review team does not operate in
	1771	+	24 accordance with established protocol, the Director, in
	1772	+	25 consultation and cooperation with the Advisory Council, must
	1773	+	26 take any necessary actions to bring the review team into
	1774	+
	1775	+
	1776	+
	1777	+
	1778	+
	1779	+	SB2799 Enrolled - 50 - LRB103 37565 KTG 67691 b
	1780	+
	1781	+
	1782	+	SB2799 Enrolled- 51 -LRB103 37565 KTG 67691 b SB2799 Enrolled - 51 - LRB103 37565 KTG 67691 b
	1783	+	SB2799 Enrolled - 51 - LRB103 37565 KTG 67691 b
	1784	+	1 compliance with the protocol.
	1785	+	2 (d) Any document or oral or written communication shared
	1786	+	3 within or produced by the review team relating to a case
	1787	+	4 discussed or reviewed by the review team is confidential and
	1788	+	5 is not admissible as evidence in any civil or criminal
	1789	+	6 proceeding, except for use by a State's Attorney's office in
	1790	+	7 prosecuting a criminal case against a caregiver. Those records
	1791	+	8 and information are, however, subject to discovery or
	1792	+	9 subpoena, and are admissible as evidence, to the extent they
	1793	+	10 are otherwise available to the public.
	1794	+	11 Any document or oral or written communication provided to
	1795	+	12 a review team by an individual or entity, and created by that
	1796	+	13 individual or entity solely for the use of the review team, is
	1797	+	14 confidential, is not subject to disclosure to or discoverable
	1798	+	15 by another party, and is not admissible as evidence in any
	1799	+	16 civil or criminal proceeding, except for use by a State's
	1800	+	17 Attorney's office in prosecuting a criminal case against a
	1801	+	18 caregiver. Those records and information are, however, subject
	1802	+	19 to discovery or subpoena, and are admissible as evidence, to
	1803	+	20 the extent they are otherwise available to the public.
	1804	+	21 Each entity or individual represented on the fatality
	1805	+	22 review team may share with other members of the team
	1806	+	23 information in the entity's or individual's possession
	1807	+	24 concerning the decedent who is the subject of the review or
	1808	+	25 concerning any person who was in contact with the decedent, as
	1809	+	26 well as any other information deemed by the entity or
	1810	+
	1811	+
	1812	+
	1813	+
	1814	+
	1815	+	SB2799 Enrolled - 51 - LRB103 37565 KTG 67691 b
	1816	+
	1817	+
	1818	+	SB2799 Enrolled- 52 -LRB103 37565 KTG 67691 b SB2799 Enrolled - 52 - LRB103 37565 KTG 67691 b
	1819	+	SB2799 Enrolled - 52 - LRB103 37565 KTG 67691 b
	1820	+	1 individual to be pertinent to the review. Any such information
	1821	+	2 shared by an entity or individual with other members of the
	1822	+	3 review team is confidential. The intent of this paragraph is
	1823	+	4 to permit the disclosure to members of the review team of any
	1824	+	5 information deemed confidential or privileged or prohibited
	1825	+	6 from disclosure by any other provision of law. Release of
	1826	+	7 confidential communication between domestic violence advocates
	1827	+	8 and a domestic violence victim shall follow subsection (d) of
	1828	+	9 Section 227 of the Illinois Domestic Violence Act of 1986
	1829	+	10 which allows for the waiver of privilege afforded to
	1830	+	11 guardians, executors, or administrators of the estate of the
	1831	+	12 domestic violence victim. This provision relating to the
	1832	+	13 release of confidential communication between domestic
	1833	+	14 violence advocates and a domestic violence victim shall
	1834	+	15 exclude adult protective service providers.
	1835	+	16 A coroner's or medical examiner's office may share with
	1836	+	17 the review team medical records that have been made available
	1837	+	18 to the coroner's or medical examiner's office in connection
	1838	+	19 with that office's investigation of a death.
	1839	+	20 Members of a review team and the Advisory Council are not
	1840	+	21 subject to examination, in any civil or criminal proceeding,
	1841	+	22 concerning information presented to members of the review team
	1842	+	23 or the Advisory Council or opinions formed by members of the
	1843	+	24 review team or the Advisory Council based on that information.
	1844	+	25 A person may, however, be examined concerning information
	1845	+	26 provided to a review team or the Advisory Council.
	1846	+
	1847	+
	1848	+
	1849	+
	1850	+
	1851	+	SB2799 Enrolled - 52 - LRB103 37565 KTG 67691 b
	1852	+
	1853	+
	1854	+	SB2799 Enrolled- 53 -LRB103 37565 KTG 67691 b SB2799 Enrolled - 53 - LRB103 37565 KTG 67691 b
	1855	+	SB2799 Enrolled - 53 - LRB103 37565 KTG 67691 b
	1856	+	1 (d-5) Meetings of the review teams and the Advisory
	1857	+	2 Council are exempt from may be closed to the public under the
	1858	+	3 Open Meetings Act. Records and information provided to a
	1859	+	4 review team and the Advisory Council, and records maintained
	1860	+	5 by a team or the Advisory Council, are exempt from release
	1861	+	6 under the Freedom of Information Act.
	1862	+	7 (e) A review team's recommendation in relation to a case
	1863	+	8 discussed or reviewed by the review team, including, but not
	1864	+	9 limited to, a recommendation concerning an investigation or
	1865	+	10 prosecution, may be disclosed by the review team upon the
	1866	+	11 completion of its review and at the discretion of a majority of
	1867	+	12 its members who reviewed the case.
	1868	+	13 (e-5) The State shall indemnify and hold harmless members
	1869	+	14 of a review team and the Advisory Council for all their acts,
	1870	+	15 omissions, decisions, or other conduct arising out of the
	1871	+	16 scope of their service on the review team or Advisory Council,
	1872	+	17 except those involving willful or wanton misconduct. The
	1873	+	18 method of providing indemnification shall be as provided in
	1874	+	19 the State Employee Indemnification Act.
	1875	+	20 (f) The Department, in consultation with coroners, medical
	1876	+	21 examiners, and law enforcement agencies, shall use aggregate
	1877	+	22 data gathered by and recommendations from the Advisory Council
	1878	+	23 and the review teams to create an annual report and may use
	1879	+	24 those data and recommendations to develop education,
	1880	+	25 prevention, prosecution, or other strategies designed to
	1881	+	26 improve the coordination of services for at-risk adults and
	1882	+
	1883	+
	1884	+
	1885	+
	1886	+
	1887	+	SB2799 Enrolled - 53 - LRB103 37565 KTG 67691 b
	1888	+
	1889	+
	1890	+	SB2799 Enrolled- 54 -LRB103 37565 KTG 67691 b SB2799 Enrolled - 54 - LRB103 37565 KTG 67691 b
	1891	+	SB2799 Enrolled - 54 - LRB103 37565 KTG 67691 b
	1892	+	1 their families. The Department or other State or county
	1893	+	2 agency, in consultation with coroners, medical examiners, and
	1894	+	3 law enforcement agencies, also may use aggregate data gathered
	1895	+	4 by the review teams to create a database of at-risk
	1896	+	5 individuals.
	1897	+	6 (g) The Department shall adopt such rules and regulations
	1898	+	7 as it deems necessary to implement this Section.
	1899	+	8 (Source: P.A. 102-244, eff. 1-1-22.)
	1900	+
	1901	+
	1902	+
	1903	+
	1904	+
	1905	+	SB2799 Enrolled - 54 - LRB103 37565 KTG 67691 b