Rep. Greg Harris
Filed: 3/19/2014
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| 1 | AMENDMENT TO HOUSE BILL 4327
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| 2 | AMENDMENT NO. ______. Amend House Bill 4327 by replacing | ||||||
| 3 | everything after the enacting clause with the following:
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| 4 | "Section 5. The Open Meetings Act is amended by changing | ||||||
| 5 | Section 2 as follows:
| ||||||
| 6 | (5 ILCS 120/2) (from Ch. 102, par. 42)
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| 7 | Sec. 2. Open meetings.
| ||||||
| 8 | (a) Openness required. All meetings of public
bodies shall | ||||||
| 9 | be open to the public unless excepted in subsection (c)
and | ||||||
| 10 | closed in accordance with Section 2a.
| ||||||
| 11 | (b) Construction of exceptions. The exceptions contained | ||||||
| 12 | in subsection
(c) are in derogation of the requirement that | ||||||
| 13 | public bodies
meet in the open, and therefore, the exceptions | ||||||
| 14 | are to be strictly
construed, extending only to subjects | ||||||
| 15 | clearly within their scope.
The exceptions authorize but do not | ||||||
| 16 | require the holding of
a closed meeting to discuss a subject | ||||||
| |||||||
| |||||||
| 1 | included within an enumerated exception.
| ||||||
| 2 | (c) Exceptions. A public body may hold closed meetings to | ||||||
| 3 | consider the
following subjects:
| ||||||
| 4 | (1) The appointment, employment, compensation, | ||||||
| 5 | discipline, performance,
or dismissal of specific | ||||||
| 6 | employees of the public body or legal counsel for
the | ||||||
| 7 | public body, including hearing
testimony on a complaint | ||||||
| 8 | lodged against an employee of the public body or
against | ||||||
| 9 | legal counsel for the public body to determine its | ||||||
| 10 | validity.
| ||||||
| 11 | (2) Collective negotiating matters between the public | ||||||
| 12 | body and its
employees or their representatives, or | ||||||
| 13 | deliberations concerning salary
schedules for one or more | ||||||
| 14 | classes of employees.
| ||||||
| 15 | (3) The selection of a person to fill a public office,
| ||||||
| 16 | as defined in this Act, including a vacancy in a public | ||||||
| 17 | office, when the public
body is given power to appoint | ||||||
| 18 | under law or ordinance, or the discipline,
performance or | ||||||
| 19 | removal of the occupant of a public office, when the public | ||||||
| 20 | body
is given power to remove the occupant under law or | ||||||
| 21 | ordinance.
| ||||||
| 22 | (4) Evidence or testimony presented in open hearing, or | ||||||
| 23 | in closed
hearing where specifically authorized by law, to
| ||||||
| 24 | a quasi-adjudicative body, as defined in this Act, provided | ||||||
| 25 | that the body
prepares and makes available for public | ||||||
| 26 | inspection a written decision
setting forth its | ||||||
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| |||||||
| 1 | determinative reasoning.
| ||||||
| 2 | (5) The purchase or lease of real property for the use | ||||||
| 3 | of
the public body, including meetings held for the purpose | ||||||
| 4 | of discussing
whether a particular parcel should be | ||||||
| 5 | acquired.
| ||||||
| 6 | (6) The setting of a price for sale or lease of | ||||||
| 7 | property owned
by the public body.
| ||||||
| 8 | (7) The sale or purchase of securities, investments, or | ||||||
| 9 | investment
contracts. This exception shall not apply to the | ||||||
| 10 | investment of assets or income of funds deposited into the | ||||||
| 11 | Illinois Prepaid Tuition Trust Fund.
| ||||||
| 12 | (8) Security procedures and the use of personnel and
| ||||||
| 13 | equipment to respond to an actual, a threatened, or a | ||||||
| 14 | reasonably
potential danger to the safety of employees, | ||||||
| 15 | students, staff, the public, or
public
property.
| ||||||
| 16 | (9) Student disciplinary cases.
| ||||||
| 17 | (10) The placement of individual students in special | ||||||
| 18 | education
programs and other matters relating to | ||||||
| 19 | individual students.
| ||||||
| 20 | (11) Litigation, when an action against, affecting or | ||||||
| 21 | on behalf of the
particular public body has been filed and | ||||||
| 22 | is pending before a court or
administrative tribunal, or | ||||||
| 23 | when the public body finds that an action is
probable or | ||||||
| 24 | imminent, in which case the basis for the finding shall be
| ||||||
| 25 | recorded and entered into the minutes of the closed | ||||||
| 26 | meeting.
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| |||||||
| 1 | (12) The establishment of reserves or settlement of | ||||||
| 2 | claims as provided
in the Local Governmental and | ||||||
| 3 | Governmental Employees Tort Immunity Act, if
otherwise the | ||||||
| 4 | disposition of a claim or potential claim might be
| ||||||
| 5 | prejudiced, or the review or discussion of claims, loss or | ||||||
| 6 | risk management
information, records, data, advice or | ||||||
| 7 | communications from or with respect
to any insurer of the | ||||||
| 8 | public body or any intergovernmental risk management
| ||||||
| 9 | association or self insurance pool of which the public body | ||||||
| 10 | is a member.
| ||||||
| 11 | (13) Conciliation of complaints of discrimination in | ||||||
| 12 | the sale or rental
of housing, when closed meetings are | ||||||
| 13 | authorized by the law or ordinance
prescribing fair housing | ||||||
| 14 | practices and creating a commission or
administrative | ||||||
| 15 | agency for their enforcement.
| ||||||
| 16 | (14) Informant sources, the hiring or assignment of | ||||||
| 17 | undercover personnel
or equipment, or ongoing, prior or | ||||||
| 18 | future criminal investigations, when
discussed by a public | ||||||
| 19 | body with criminal investigatory responsibilities.
| ||||||
| 20 | (15) Professional ethics or performance when | ||||||
| 21 | considered by an advisory
body appointed to advise a | ||||||
| 22 | licensing or regulatory agency on matters
germane to the | ||||||
| 23 | advisory body's field of competence.
| ||||||
| 24 | (16) Self evaluation, practices and procedures or | ||||||
| 25 | professional ethics,
when meeting with a representative of | ||||||
| 26 | a statewide association of which the
public body is a | ||||||
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| 1 | member.
| ||||||
| 2 | (17) The recruitment, credentialing, discipline or | ||||||
| 3 | formal peer review
of physicians or other
health care | ||||||
| 4 | professionals for a hospital, or
other institution | ||||||
| 5 | providing medical care, that is operated by the public | ||||||
| 6 | body.
| ||||||
| 7 | (18) Deliberations for decisions of the Prisoner | ||||||
| 8 | Review Board.
| ||||||
| 9 | (19) Review or discussion of applications received | ||||||
| 10 | under the
Experimental Organ Transplantation Procedures | ||||||
| 11 | Act.
| ||||||
| 12 | (20) The classification and discussion of matters | ||||||
| 13 | classified as
confidential or continued confidential by | ||||||
| 14 | the State Government Suggestion Award
Board.
| ||||||
| 15 | (21) Discussion of minutes of meetings lawfully closed | ||||||
| 16 | under this Act,
whether for purposes of approval by the | ||||||
| 17 | body of the minutes or semi-annual
review of the minutes as | ||||||
| 18 | mandated by Section 2.06.
| ||||||
| 19 | (22) Deliberations for decisions of the State
| ||||||
| 20 | Emergency Medical Services Disciplinary
Review Board.
| ||||||
| 21 | (23) The operation by a municipality of a municipal | ||||||
| 22 | utility or the
operation of a
municipal power agency or | ||||||
| 23 | municipal natural gas agency when the
discussion involves | ||||||
| 24 | (i) contracts relating to the
purchase, sale, or delivery | ||||||
| 25 | of electricity or natural gas or (ii) the results
or | ||||||
| 26 | conclusions of load forecast studies.
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| |||||||
| 1 | (24) Meetings of a residential health care facility | ||||||
| 2 | resident sexual
assault and death review
team or
the | ||||||
| 3 | Executive
Council under the Abuse Prevention Review
Team | ||||||
| 4 | Act.
| ||||||
| 5 | (25) Meetings of an independent team of experts under | ||||||
| 6 | Brian's Law. | ||||||
| 7 | (26) Meetings of a mortality review team appointed | ||||||
| 8 | under the Department of Juvenile Justice Mortality Review | ||||||
| 9 | Team Act. | ||||||
| 10 | (27) (Blank). | ||||||
| 11 | (28) Correspondence and records (i) that may not be | ||||||
| 12 | disclosed under Section 11-9 of the Public Aid Code or (ii) | ||||||
| 13 | that pertain to appeals under Section 11-8 of the Public | ||||||
| 14 | Aid Code. | ||||||
| 15 | (29) Meetings between internal or external auditors | ||||||
| 16 | and governmental audit committees, finance committees, and | ||||||
| 17 | their equivalents, when the discussion involves internal | ||||||
| 18 | control weaknesses, identification of potential fraud risk | ||||||
| 19 | areas, known or suspected frauds, and fraud interviews | ||||||
| 20 | conducted in accordance with generally accepted auditing | ||||||
| 21 | standards of the United States of America. | ||||||
| 22 | (30) Those meetings or portions of meetings of a an | ||||||
| 23 | at-risk adult fatality review team or the Illinois At-Risk | ||||||
| 24 | Adult Fatality Review Team Advisory Council during which a | ||||||
| 25 | review of the death of an eligible adult in which abuse or | ||||||
| 26 | neglect is suspected, alleged, or substantiated is | ||||||
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| |||||||
| 1 | conducted pursuant to Section 15 of the Adult Protective | ||||||
| 2 | Services Act. | ||||||
| 3 | (31) (30) Meetings and deliberations for decisions of | ||||||
| 4 | the Concealed Carry Licensing Review Board under the | ||||||
| 5 | Firearm Concealed Carry Act. | ||||||
| 6 | (d) Definitions. For purposes of this Section:
| ||||||
| 7 | "Employee" means a person employed by a public body whose | ||||||
| 8 | relationship
with the public body constitutes an | ||||||
| 9 | employer-employee relationship under
the usual common law | ||||||
| 10 | rules, and who is not an independent contractor.
| ||||||
| 11 | "Public office" means a position created by or under the
| ||||||
| 12 | Constitution or laws of this State, the occupant of which is | ||||||
| 13 | charged with
the exercise of some portion of the sovereign | ||||||
| 14 | power of this State. The term
"public office" shall include | ||||||
| 15 | members of the public body, but it shall not
include | ||||||
| 16 | organizational positions filled by members thereof, whether
| ||||||
| 17 | established by law or by a public body itself, that exist to | ||||||
| 18 | assist the
body in the conduct of its business.
| ||||||
| 19 | "Quasi-adjudicative body" means an administrative body | ||||||
| 20 | charged by law or
ordinance with the responsibility to conduct | ||||||
| 21 | hearings, receive evidence or
testimony and make | ||||||
| 22 | determinations based
thereon, but does not include
local | ||||||
| 23 | electoral boards when such bodies are considering petition | ||||||
| 24 | challenges.
| ||||||
| 25 | (e) Final action. No final action may be taken at a closed | ||||||
| 26 | meeting.
Final action shall be preceded by a public recital of | ||||||
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| 1 | the nature of the
matter being considered and other information | ||||||
| 2 | that will inform the
public of the business being conducted.
| ||||||
| 3 | (Source: P.A. 97-318, eff. 1-1-12; 97-333, eff. 8-12-11; | ||||||
| 4 | 97-452, eff. 8-19-11; 97-813, eff. 7-13-12; 97-876, eff. | ||||||
| 5 | 8-1-12; 98-49, eff. 7-1-13; 98-63, eff. 7-9-13; revised | ||||||
| 6 | 7-23-13.)
| ||||||
| 7 | Section 10. The Freedom of Information Act is amended by | ||||||
| 8 | changing Section 7.5 as follows:
| ||||||
| 9 | (5 ILCS 140/7.5) | ||||||
| 10 | Sec. 7.5. Statutory Exemptions. To the extent provided for | ||||||
| 11 | by the statutes referenced below, the following shall be exempt | ||||||
| 12 | from inspection and copying: | ||||||
| 13 | (a) All information determined to be confidential under | ||||||
| 14 | Section 4002 of the Technology Advancement and Development Act. | ||||||
| 15 | (b) Library circulation and order records identifying | ||||||
| 16 | library users with specific materials under the Library Records | ||||||
| 17 | Confidentiality Act. | ||||||
| 18 | (c) Applications, related documents, and medical records | ||||||
| 19 | received by the Experimental Organ Transplantation Procedures | ||||||
| 20 | Board and any and all documents or other records prepared by | ||||||
| 21 | the Experimental Organ Transplantation Procedures Board or its | ||||||
| 22 | staff relating to applications it has received. | ||||||
| 23 | (d) Information and records held by the Department of | ||||||
| 24 | Public Health and its authorized representatives relating to | ||||||
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| |||||||
| 1 | known or suspected cases of sexually transmissible disease or | ||||||
| 2 | any information the disclosure of which is restricted under the | ||||||
| 3 | Illinois Sexually Transmissible Disease Control Act. | ||||||
| 4 | (e) Information the disclosure of which is exempted under | ||||||
| 5 | Section 30 of the Radon Industry Licensing Act. | ||||||
| 6 | (f) Firm performance evaluations under Section 55 of the | ||||||
| 7 | Architectural, Engineering, and Land Surveying Qualifications | ||||||
| 8 | Based Selection Act. | ||||||
| 9 | (g) Information the disclosure of which is restricted and | ||||||
| 10 | exempted under Section 50 of the Illinois Prepaid Tuition Act. | ||||||
| 11 | (h) Information the disclosure of which is exempted under | ||||||
| 12 | the State Officials and Employees Ethics Act, and records of | ||||||
| 13 | any lawfully created State or local inspector general's office | ||||||
| 14 | that would be exempt if created or obtained by an Executive | ||||||
| 15 | Inspector General's office under that Act. | ||||||
| 16 | (i) Information contained in a local emergency energy plan | ||||||
| 17 | submitted to a municipality in accordance with a local | ||||||
| 18 | emergency energy plan ordinance that is adopted under Section | ||||||
| 19 | 11-21.5-5 of the Illinois Municipal Code. | ||||||
| 20 | (j) Information and data concerning the distribution of | ||||||
| 21 | surcharge moneys collected and remitted by wireless carriers | ||||||
| 22 | under the Wireless Emergency Telephone Safety Act. | ||||||
| 23 | (k) Law enforcement officer identification information or | ||||||
| 24 | driver identification information compiled by a law | ||||||
| 25 | enforcement agency or the Department of Transportation under | ||||||
| 26 | Section 11-212 of the Illinois Vehicle Code. | ||||||
| |||||||
| |||||||
| 1 | (l) Records and information provided to a residential | ||||||
| 2 | health care facility resident sexual assault and death review | ||||||
| 3 | team or the Executive Council under the Abuse Prevention Review | ||||||
| 4 | Team Act. | ||||||
| 5 | (m) Information provided to the predatory lending database | ||||||
| 6 | created pursuant to Article 3 of the Residential Real Property | ||||||
| 7 | Disclosure Act, except to the extent authorized under that | ||||||
| 8 | Article. | ||||||
| 9 | (n) Defense budgets and petitions for certification of | ||||||
| 10 | compensation and expenses for court appointed trial counsel as | ||||||
| 11 | provided under Sections 10 and 15 of the Capital Crimes | ||||||
| 12 | Litigation Act. This subsection (n) shall apply until the | ||||||
| 13 | conclusion of the trial of the case, even if the prosecution | ||||||
| 14 | chooses not to pursue the death penalty prior to trial or | ||||||
| 15 | sentencing. | ||||||
| 16 | (o) Information that is prohibited from being disclosed | ||||||
| 17 | under Section 4 of the Illinois Health and Hazardous Substances | ||||||
| 18 | Registry Act. | ||||||
| 19 | (p) Security portions of system safety program plans, | ||||||
| 20 | investigation reports, surveys, schedules, lists, data, or | ||||||
| 21 | information compiled, collected, or prepared by or for the | ||||||
| 22 | Regional Transportation Authority under Section 2.11 of the | ||||||
| 23 | Regional Transportation Authority Act or the St. Clair County | ||||||
| 24 | Transit District under the Bi-State Transit Safety Act. | ||||||
| 25 | (q) Information prohibited from being disclosed by the | ||||||
| 26 | Personnel Records Review Act. | ||||||
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| |||||||
| 1 | (r) Information prohibited from being disclosed by the | ||||||
| 2 | Illinois School Student Records Act. | ||||||
| 3 | (s) Information the disclosure of which is restricted under | ||||||
| 4 | Section 5-108 of the Public Utilities Act.
| ||||||
| 5 | (t) All identified or deidentified health information in | ||||||
| 6 | the form of health data or medical records contained in, stored | ||||||
| 7 | in, submitted to, transferred by, or released from the Illinois | ||||||
| 8 | Health Information Exchange, and identified or deidentified | ||||||
| 9 | health information in the form of health data and medical | ||||||
| 10 | records of the Illinois Health Information Exchange in the | ||||||
| 11 | possession of the Illinois Health Information Exchange | ||||||
| 12 | Authority due to its administration of the Illinois Health | ||||||
| 13 | Information Exchange. The terms "identified" and | ||||||
| 14 | "deidentified" shall be given the same meaning as in the Health | ||||||
| 15 | Insurance Accountability and Portability Act of 1996, Public | ||||||
| 16 | Law 104-191, or any subsequent amendments thereto, and any | ||||||
| 17 | regulations promulgated thereunder. | ||||||
| 18 | (u) Records and information provided to an independent team | ||||||
| 19 | of experts under Brian's Law. | ||||||
| 20 | (v) Names and information of people who have applied for or | ||||||
| 21 | received Firearm Owner's Identification Cards under the | ||||||
| 22 | Firearm Owners Identification Card Act or applied for or | ||||||
| 23 | received a concealed carry license under the Firearm Concealed | ||||||
| 24 | Carry Act, unless otherwise authorized by the Firearm Concealed | ||||||
| 25 | Carry Act; and databases under the Firearm Concealed Carry Act, | ||||||
| 26 | records of the Concealed Carry Licensing Review Board under the | ||||||
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| |||||||
| 1 | Firearm Concealed Carry Act, and law enforcement agency | ||||||
| 2 | objections under the Firearm Concealed Carry Act. | ||||||
| 3 | (w) Personally identifiable information which is exempted | ||||||
| 4 | from disclosure under subsection (g) of Section 19.1 of the | ||||||
| 5 | Toll Highway Act. | ||||||
| 6 | (x) Information which is exempted from disclosure under | ||||||
| 7 | Section 5-1014.3 of the Counties Code or Section 8-11-21 of the | ||||||
| 8 | Illinois Municipal Code. | ||||||
| 9 | (y) Confidential information under the Adult Protective | ||||||
| 10 | Services Act and its predecessor enabling statute, the Elder | ||||||
| 11 | Abuse and Neglect Act, including information about the identity | ||||||
| 12 | and administrative finding against any caregiver of a verified | ||||||
| 13 | and substantiated decision of significant abuse, neglect, or | ||||||
| 14 | financial exploitation of an eligible adult maintained in the | ||||||
| 15 | Department of Public Health's Health Care Worker Registry. | ||||||
| 16 | (z) Records and information provided to a an at-risk adult | ||||||
| 17 | fatality review team or the Illinois At-Risk Adult Fatality | ||||||
| 18 | Review Team Advisory Council under Section 15 of the Adult | ||||||
| 19 | Protective Services Act. | ||||||
| 20 | (Source: P.A. 97-80, eff. 7-5-11; 97-333, eff. 8-12-11; 97-342, | ||||||
| 21 | eff. 8-12-11; 97-813, eff. 7-13-12; 97-976, eff. 1-1-13; 98-49, | ||||||
| 22 | eff. 7-1-13; 98-63, eff. 7-9-13; revised 7-23-13.)
| ||||||
| 23 | Section 15. The Adult Protective Services Act is amended by | ||||||
| 24 | changing Sections 2, 3.5, 4, 5, 7.5, 8, 9, 13, and 15 as | ||||||
| 25 | follows:
| ||||||
| |||||||
| |||||||
| 1 | (320 ILCS 20/2) (from Ch. 23, par. 6602)
| ||||||
| 2 | Sec. 2. Definitions. As used in this Act, unless the | ||||||
| 3 | context
requires otherwise:
| ||||||
| 4 | (a) "Abuse" means causing any physical, mental or sexual | ||||||
| 5 | injury to an
eligible adult, including exploitation of such | ||||||
| 6 | adult's financial resources.
| ||||||
| 7 | Nothing in this Act shall be construed to mean that an | ||||||
| 8 | eligible adult is a
victim of abuse, neglect, or self-neglect | ||||||
| 9 | for the sole reason that he or she is being
furnished with or | ||||||
| 10 | relies upon treatment by spiritual means through prayer
alone, | ||||||
| 11 | in accordance with the tenets and practices of a recognized | ||||||
| 12 | church
or religious denomination.
| ||||||
| 13 | Nothing in this Act shall be construed to mean that an | ||||||
| 14 | eligible adult is a
victim of abuse because of health care | ||||||
| 15 | services provided or not provided by
licensed health care | ||||||
| 16 | professionals.
| ||||||
| 17 | (a-5) "Abuser" means a person who abuses, neglects, or | ||||||
| 18 | financially
exploits an eligible adult.
| ||||||
| 19 | (a-6) "Adult with disabilities" means a person aged 18 | ||||||
| 20 | through 59 who resides in a domestic living situation and whose | ||||||
| 21 | disability as defined in subsection (c-5) impairs his or her | ||||||
| 22 | ability to seek or obtain protection from abuse, neglect, or | ||||||
| 23 | exploitation. | ||||||
| 24 | (a-7) "Caregiver" means a person who either as a result of | ||||||
| 25 | a family
relationship, voluntarily, or in exchange for | ||||||
| |||||||
| |||||||
| 1 | compensation has assumed
responsibility for all or a portion of | ||||||
| 2 | the care of an eligible adult who needs
assistance with | ||||||
| 3 | activities of daily
living.
| ||||||
| 4 | (b) "Department" means the Department on Aging of the State | ||||||
| 5 | of Illinois.
| ||||||
| 6 | (c) "Director" means the Director of the Department.
| ||||||
| 7 | (c-5) "Disability" means a physical or mental disability, | ||||||
| 8 | including, but not limited to, a developmental disability, an | ||||||
| 9 | intellectual disability, a mental illness as defined under the | ||||||
| 10 | Mental Health and Developmental Disabilities Code, or dementia | ||||||
| 11 | as defined under the Alzheimer's Disease Assistance Act. | ||||||
| 12 | (d) "Domestic living situation" means a residence where the | ||||||
| 13 | eligible
adult at the time of the report lives alone or with | ||||||
| 14 | his or her family or a caregiver, or others,
or other | ||||||
| 15 | community-based unlicensed facility, but
is not:
| ||||||
| 16 | (1) A licensed facility as defined in Section 1-113 of | ||||||
| 17 | the Nursing Home
Care Act;
| ||||||
| 18 | (1.5) A facility licensed under the ID/DD Community | ||||||
| 19 | Care Act; | ||||||
| 20 | (1.7) A facility licensed under the Specialized Mental | ||||||
| 21 | Health Rehabilitation Act of 2013;
| ||||||
| 22 | (2) A "life care facility" as defined in the Life Care | ||||||
| 23 | Facilities Act;
| ||||||
| 24 | (3) A home, institution, or other place operated by the | ||||||
| 25 | federal
government or agency thereof or by the State of | ||||||
| 26 | Illinois;
| ||||||
| |||||||
| |||||||
| 1 | (4) A hospital, sanitarium, or other institution, the | ||||||
| 2 | principal activity
or business of which is the diagnosis, | ||||||
| 3 | care, and treatment of human illness
through the | ||||||
| 4 | maintenance and operation of organized facilities | ||||||
| 5 | therefor,
which is required to be licensed under the | ||||||
| 6 | Hospital Licensing Act;
| ||||||
| 7 | (5) A "community living facility" as defined in the | ||||||
| 8 | Community Living
Facilities Licensing Act;
| ||||||
| 9 | (6) (Blank);
| ||||||
| 10 | (7) A "community-integrated living arrangement" as | ||||||
| 11 | defined in
the Community-Integrated Living Arrangements | ||||||
| 12 | Licensure and Certification Act or a "community | ||||||
| 13 | residential alternative" as licensed under that Act;
| ||||||
| 14 | (8) An assisted living or shared housing establishment | ||||||
| 15 | as defined in the Assisted Living and Shared Housing Act; | ||||||
| 16 | or
| ||||||
| 17 | (9) A supportive living facility as described in | ||||||
| 18 | Section 5-5.01a of the Illinois Public Aid Code.
| ||||||
| 19 | (e) "Eligible adult" means either an adult with | ||||||
| 20 | disabilities aged 18 through 59 or a person aged 60 or older | ||||||
| 21 | who
resides in a domestic living situation and is, or is | ||||||
| 22 | alleged
to be, abused, neglected, or financially exploited by | ||||||
| 23 | another individual or who neglects himself or herself.
| ||||||
| 24 | (f) "Emergency" means a situation in which an eligible | ||||||
| 25 | adult is living
in conditions presenting a risk of death or | ||||||
| 26 | physical, mental or sexual
injury and the provider agency has | ||||||
| |||||||
| |||||||
| 1 | reason to believe the eligible adult is
unable to
consent to | ||||||
| 2 | services which would alleviate that risk.
| ||||||
| 3 | (f-1) "Financial exploitation" means the use of an eligible | ||||||
| 4 | adult's resources by another to the disadvantage of that adult | ||||||
| 5 | or the profit or advantage of a person other than that adult. | ||||||
| 6 | (f-5) "Mandated reporter" means any of the following | ||||||
| 7 | persons
while engaged in carrying out their professional | ||||||
| 8 | duties:
| ||||||
| 9 | (1) a professional or professional's delegate while | ||||||
| 10 | engaged in: (i) social
services, (ii) law enforcement, | ||||||
| 11 | (iii) education, (iv) the care of an eligible
adult or | ||||||
| 12 | eligible adults, or (v) any of the occupations required to | ||||||
| 13 | be licensed
under
the Clinical Psychologist Licensing Act, | ||||||
| 14 | the Clinical Social Work and Social
Work Practice Act, the | ||||||
| 15 | Illinois Dental Practice Act, the Dietitian Nutritionist | ||||||
| 16 | Practice Act, the Marriage and Family Therapy Licensing | ||||||
| 17 | Act, the
Medical Practice Act of 1987, the Naprapathic | ||||||
| 18 | Practice Act, the
Nurse Practice Act, the Nursing Home
| ||||||
| 19 | Administrators Licensing and
Disciplinary Act, the | ||||||
| 20 | Illinois Occupational Therapy Practice Act, the Illinois
| ||||||
| 21 | Optometric Practice Act of 1987, the Pharmacy Practice Act, | ||||||
| 22 | the
Illinois Physical Therapy Act, the Physician Assistant | ||||||
| 23 | Practice Act of 1987,
the Podiatric Medical Practice Act of | ||||||
| 24 | 1987, the Respiratory Care Practice
Act,
the Professional | ||||||
| 25 | Counselor and
Clinical Professional Counselor Licensing | ||||||
| 26 | and Practice Act, the Illinois Speech-Language
Pathology | ||||||
| |||||||
| |||||||
| 1 | and Audiology Practice Act, the Veterinary Medicine and | ||||||
| 2 | Surgery
Practice Act of 2004, and the Illinois Public | ||||||
| 3 | Accounting Act;
| ||||||
| 4 | (1.5) an employee of an entity providing developmental | ||||||
| 5 | disabilities services or service coordination funded by | ||||||
| 6 | the Department of Human Services;
| ||||||
| 7 | (2) an employee of a vocational rehabilitation | ||||||
| 8 | facility prescribed or
supervised by the Department of | ||||||
| 9 | Human Services;
| ||||||
| 10 | (3) an administrator, employee, or person providing | ||||||
| 11 | services in or through
an unlicensed community based | ||||||
| 12 | facility;
| ||||||
| 13 | (4) any religious practitioner who provides treatment | ||||||
| 14 | by prayer or spiritual means alone in accordance with the | ||||||
| 15 | tenets and practices of a recognized church or religious | ||||||
| 16 | denomination, except as to information received in any | ||||||
| 17 | confession or sacred communication enjoined by the | ||||||
| 18 | discipline of the religious denomination to be held | ||||||
| 19 | confidential;
| ||||||
| 20 | (5) field personnel of the Department of Healthcare and | ||||||
| 21 | Family Services, Department of Public
Health, and | ||||||
| 22 | Department of Human Services, and any county or
municipal | ||||||
| 23 | health department;
| ||||||
| 24 | (6) personnel of the Department of Human Services, the | ||||||
| 25 | Guardianship and
Advocacy Commission, the State Fire | ||||||
| 26 | Marshal, local fire departments, the
Department on Aging | ||||||
| |||||||
| |||||||
| 1 | and its subsidiary Area Agencies on Aging and provider
| ||||||
| 2 | agencies, and the Office of State Long Term Care Ombudsman;
| ||||||
| 3 | (7) any employee of the State of Illinois not otherwise | ||||||
| 4 | specified herein
who is involved in providing services to | ||||||
| 5 | eligible adults, including
professionals providing medical | ||||||
| 6 | or rehabilitation services and all
other persons having | ||||||
| 7 | direct contact with eligible adults;
| ||||||
| 8 | (8) a person who performs the duties of a coroner
or | ||||||
| 9 | medical examiner; or
| ||||||
| 10 | (9) a person who performs the duties of a paramedic or | ||||||
| 11 | an emergency
medical
technician.
| ||||||
| 12 | (g) "Neglect" means
another individual's failure to | ||||||
| 13 | provide an eligible
adult with or willful withholding from an | ||||||
| 14 | eligible adult the necessities of
life including, but not | ||||||
| 15 | limited to, food, clothing, shelter or health care.
This | ||||||
| 16 | subsection does not create any new affirmative duty to provide | ||||||
| 17 | support to
eligible adults. Nothing in this Act shall be | ||||||
| 18 | construed to mean that an
eligible adult is a victim of neglect | ||||||
| 19 | because of health care services provided
or not provided by | ||||||
| 20 | licensed health care professionals.
| ||||||
| 21 | (h) "Provider agency" means any public or nonprofit agency | ||||||
| 22 | in a planning
and service area that is selected by the | ||||||
| 23 | Department or appointed by the regional administrative agency | ||||||
| 24 | with prior
approval by the Department on Aging to receive and | ||||||
| 25 | assess reports of
alleged or suspected abuse, neglect, or | ||||||
| 26 | financial exploitation. A provider agency is also referenced as | ||||||
| |||||||
| |||||||
| 1 | a "designated agency" in this Act.
| ||||||
| 2 | (i) "Regional administrative agency" means any public or | ||||||
| 3 | nonprofit
agency in a planning and service area that provides | ||||||
| 4 | regional oversight and performs functions as set forth in | ||||||
| 5 | subsection (b) of Section 3 of this Act. The Department may | ||||||
| 6 | serve as the regional administrative agency or it may designate | ||||||
| 7 | an Area Agency on Aging or another qualified entity to serve as | ||||||
| 8 | the regional administrative agency; such designation shall be | ||||||
| 9 | subject to terms set forth by the Department. so designated by | ||||||
| 10 | the Department,
provided that the designated Area Agency on | ||||||
| 11 | Aging shall be designated the
regional administrative agency if | ||||||
| 12 | it so requests.
The Department shall assume the functions of | ||||||
| 13 | the regional administrative
agency for any planning and service | ||||||
| 14 | area where another agency is not so
designated.
| ||||||
| 15 | (i-5) "Self-neglect" means a condition that is the result | ||||||
| 16 | of an eligible adult's inability, due to physical or mental | ||||||
| 17 | impairments, or both, or a diminished capacity, to perform | ||||||
| 18 | essential self-care tasks that substantially threaten his or | ||||||
| 19 | her own health, including: providing essential food, clothing, | ||||||
| 20 | shelter, and health care; and obtaining goods and services | ||||||
| 21 | necessary to maintain physical health, mental health, | ||||||
| 22 | emotional well-being, and general safety. The term includes | ||||||
| 23 | compulsive hoarding, which is characterized by the acquisition | ||||||
| 24 | and retention of large quantities of items and materials that | ||||||
| 25 | produce an extensively cluttered living space, which | ||||||
| 26 | significantly impairs the performance of essential self-care | ||||||
| |||||||
| |||||||
| 1 | tasks or otherwise substantially threatens life or safety.
| ||||||
| 2 | (j) "Substantiated case" means a reported case of alleged | ||||||
| 3 | or suspected
abuse, neglect, financial exploitation, or | ||||||
| 4 | self-neglect in which a provider agency,
after assessment, | ||||||
| 5 | determines that there is reason to believe abuse,
neglect, or | ||||||
| 6 | financial exploitation has occurred.
| ||||||
| 7 | (Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-300, | ||||||
| 8 | eff. 8-11-11; 97-706, eff. 6-25-12; 97-813, eff. 7-13-12; | ||||||
| 9 | 97-1141, eff. 12-28-12; 98-49, eff. 7-1-13; 98-104, eff. | ||||||
| 10 | 7-22-13; revised 9-19-13.)
| ||||||
| 11 | (320 ILCS 20/3.5) | ||||||
| 12 | Sec. 3.5. Other Responsibilities. The Department shall | ||||||
| 13 | also be
responsible for the following activities, contingent | ||||||
| 14 | upon adequate funding; implementation shall be expanded to | ||||||
| 15 | adults with disabilities upon the effective date of this | ||||||
| 16 | amendatory Act of the 98th General Assembly, except those | ||||||
| 17 | responsibilities under subsection (a), which shall be | ||||||
| 18 | undertaken as soon as practicable: | ||||||
| 19 | (a) promotion of a wide range of endeavors for the | ||||||
| 20 | purpose of preventing
abuse, neglect, financial | ||||||
| 21 | exploitation, and self-neglect, including, but not limited | ||||||
| 22 | to, promotion of public
and professional education to | ||||||
| 23 | increase awareness of abuse, neglect,
financial | ||||||
| 24 | exploitation, and self-neglect; to increase reports; to | ||||||
| 25 | establish access to and use of the Health Care Worker | ||||||
| |||||||
| |||||||
| 1 | Registry established under Section 7.5; and to improve | ||||||
| 2 | response by
various legal, financial, social, and health | ||||||
| 3 | systems; | ||||||
| 4 | (b) coordination of efforts with other agencies, | ||||||
| 5 | councils, and like
entities, to include but not be limited | ||||||
| 6 | to, the Administrative Office of the Illinois Courts, the | ||||||
| 7 | Office of the Attorney General,
the State Police, the | ||||||
| 8 | Illinois Law Enforcement Training Standards
Board, the | ||||||
| 9 | State Triad, the Illinois Criminal Justice Information
| ||||||
| 10 | Authority, the
Departments of Public Health, Healthcare | ||||||
| 11 | and Family Services, and Human Services, the Illinois | ||||||
| 12 | Guardianship and Advocacy Commission, the Family
Violence | ||||||
| 13 | Coordinating Council, the Illinois Violence Prevention | ||||||
| 14 | Authority,
and other
entities which may impact awareness | ||||||
| 15 | of, and response to, abuse, neglect,
financial | ||||||
| 16 | exploitation, and self-neglect; | ||||||
| 17 | (c) collection and analysis of data; | ||||||
| 18 | (d) monitoring of the performance of regional | ||||||
| 19 | administrative agencies and adult protective services
| ||||||
| 20 | agencies; | ||||||
| 21 | (e) promotion of prevention activities; | ||||||
| 22 | (f) establishing and coordinating an aggressive | ||||||
| 23 | training program on the unique
nature of adult abuse cases | ||||||
| 24 | with other agencies, councils, and like entities,
to | ||||||
| 25 | include but not be limited to the Office of the Attorney | ||||||
| 26 | General, the
State Police, the Illinois Law Enforcement | ||||||
| |||||||
| |||||||
| 1 | Training Standards Board, the
State Triad, the Illinois | ||||||
| 2 | Criminal Justice Information Authority, the State
| ||||||
| 3 | Departments of Public Health, Healthcare and Family | ||||||
| 4 | Services, and Human Services, the Family
Violence | ||||||
| 5 | Coordinating Council, the Illinois Violence Prevention | ||||||
| 6 | Authority,
the agency designated by the Governor under | ||||||
| 7 | Section 1 of the Protection and Advocacy for | ||||||
| 8 | Developmentally Disabled Persons Act, and other entities | ||||||
| 9 | that may impact awareness of and response to
abuse, | ||||||
| 10 | neglect, financial exploitation, and self-neglect; | ||||||
| 11 | (g) solicitation of financial institutions for the | ||||||
| 12 | purpose of making
information available to the general | ||||||
| 13 | public warning of financial exploitation
of adults and | ||||||
| 14 | related financial fraud or abuse, including such
| ||||||
| 15 | information and warnings available through signage or | ||||||
| 16 | other written
materials provided by the Department on the | ||||||
| 17 | premises of such financial
institutions, provided that the | ||||||
| 18 | manner of displaying or distributing such
information is | ||||||
| 19 | subject to the sole discretion of each financial | ||||||
| 20 | institution;
| ||||||
| 21 | (g-1) developing by joint rulemaking with the | ||||||
| 22 | Department of Financial and Professional Regulation | ||||||
| 23 | minimum training standards which shall be used by financial | ||||||
| 24 | institutions for their current and new employees with | ||||||
| 25 | direct customer contact; the Department of Financial and | ||||||
| 26 | Professional Regulation shall retain sole visitation and | ||||||
| |||||||
| |||||||
| 1 | enforcement authority under this subsection (g-1); the | ||||||
| 2 | Department of Financial and Professional Regulation shall | ||||||
| 3 | provide bi-annual reports to the Department setting forth | ||||||
| 4 | aggregate statistics on the training programs required | ||||||
| 5 | under this subsection (g-1); and | ||||||
| 6 | (h) coordinating efforts with utility and electric | ||||||
| 7 | companies to send
notices in utility bills to
explain to | ||||||
| 8 | persons 60 years of age or older
their rights regarding | ||||||
| 9 | telemarketing and home repair fraud. | ||||||
| 10 | (Source: P.A. 98-49, eff. 7-1-13.)
| ||||||
| 11 | (320 ILCS 20/4) (from Ch. 23, par. 6604)
| ||||||
| 12 | Sec. 4. Reports of abuse or neglect.
| ||||||
| 13 | (a) Any person who suspects the abuse,
neglect,
financial | ||||||
| 14 | exploitation, or self-neglect of an eligible adult may
report
| ||||||
| 15 | this suspicion to an agency designated to receive such
reports | ||||||
| 16 | under this Act or to the Department.
| ||||||
| 17 | (a-5) If any mandated reporter has reason to believe that | ||||||
| 18 | an eligible
adult,
who because of a disability or other | ||||||
| 19 | condition or impairment is unable to seek assistance for | ||||||
| 20 | himself or herself,
has, within the previous 12 months, been | ||||||
| 21 | subjected to abuse, neglect, or
financial exploitation, the | ||||||
| 22 | mandated reporter shall, within 24 hours after
developing
such | ||||||
| 23 | belief, report this suspicion to an agency designated to | ||||||
| 24 | receive such
reports under this Act or
to the Department. The | ||||||
| 25 | agency designated to receive such reports under this Act or the | ||||||
| |||||||
| |||||||
| 1 | Department may establish a manner in which a mandated reporter | ||||||
| 2 | can make the required report through an Internet reporting | ||||||
| 3 | tool. Information sent and received through the Internet | ||||||
| 4 | reporting tool is subject to the same rules in this Act as | ||||||
| 5 | other types of confidential reporting established by the | ||||||
| 6 | designated agency or the Department. Whenever a mandated | ||||||
| 7 | reporter
is required to report under this Act in his or her | ||||||
| 8 | capacity as a member of
the staff of a medical or other public | ||||||
| 9 | or private institution, facility,
or agency, he or she shall | ||||||
| 10 | make a report
to an agency designated to receive such
reports | ||||||
| 11 | under this Act or
to the Department in accordance
with the | ||||||
| 12 | provisions of this Act and may also notify the person in charge | ||||||
| 13 | of
the institution, facility, board and care home, or agency or | ||||||
| 14 | his or her
designated agent that the
report has been made. | ||||||
| 15 | Under no circumstances shall any person in charge of
such | ||||||
| 16 | institution, facility, board and care home, or agency, or his | ||||||
| 17 | or her
designated agent to whom
the notification has been made, | ||||||
| 18 | exercise any control, restraint,
modification, or other change | ||||||
| 19 | in the report or the forwarding of the report
to an agency | ||||||
| 20 | designated to receive such
reports under this Act or
to the | ||||||
| 21 | Department. The privileged quality of communication between | ||||||
| 22 | any
professional
person required to report
and his or her | ||||||
| 23 | patient or client shall not apply to situations involving
| ||||||
| 24 | abused, neglected, or financially exploited eligible adults | ||||||
| 25 | and shall not
constitute
grounds for failure to
report
as | ||||||
| 26 | required by this Act.
| ||||||
| |||||||
| |||||||
| 1 | (a-7) A person making a report
under this Act in the belief | ||||||
| 2 | that it is in the alleged victim's best
interest shall be | ||||||
| 3 | immune from criminal or civil liability or professional
| ||||||
| 4 | disciplinary action on account of making the report, | ||||||
| 5 | notwithstanding any
requirements concerning the | ||||||
| 6 | confidentiality of information with respect to
such eligible | ||||||
| 7 | adult which might otherwise be applicable.
| ||||||
| 8 | (a-9) Law enforcement officers
shall continue to report | ||||||
| 9 | incidents of alleged abuse pursuant to the
Illinois Domestic | ||||||
| 10 | Violence Act of 1986, notwithstanding any requirements
under | ||||||
| 11 | this Act.
| ||||||
| 12 | (b) Any person, institution or agency participating in the | ||||||
| 13 | making of
a report, providing
information or records related to | ||||||
| 14 | a report, assessment, or services, or
participating in the | ||||||
| 15 | investigation of a report under
this Act in good faith, or | ||||||
| 16 | taking photographs or x-rays as a result of an
authorized | ||||||
| 17 | assessment, shall have immunity from any civil, criminal or
| ||||||
| 18 | other liability in any civil, criminal or other proceeding | ||||||
| 19 | brought in
consequence of making such report or assessment or | ||||||
| 20 | on account of submitting
or otherwise disclosing such | ||||||
| 21 | photographs or x-rays to any agency designated
to receive | ||||||
| 22 | reports of alleged or suspected abuse or neglect. Any person,
| ||||||
| 23 | institution or agency authorized by the Department to provide | ||||||
| 24 | assessment,
intervention, or administrative services under | ||||||
| 25 | this Act shall, in the good
faith performance of those | ||||||
| 26 | services, have immunity from any civil, criminal
or other | ||||||
| |||||||
| |||||||
| 1 | liability in any civil, criminal, or other proceeding brought | ||||||
| 2 | as a
consequence of the performance of those services.
For the | ||||||
| 3 | purposes of any civil, criminal, or other proceeding, the good | ||||||
| 4 | faith
of any person required to report, permitted to report, or | ||||||
| 5 | participating in an
investigation of a report of alleged or | ||||||
| 6 | suspected abuse, neglect,
financial exploitation, or | ||||||
| 7 | self-neglect shall be
presumed.
| ||||||
| 8 | (c) The identity of a person making a report of alleged or | ||||||
| 9 | suspected
abuse, neglect, financial exploitation, or | ||||||
| 10 | self-neglect under this Act may be disclosed by the Department
| ||||||
| 11 | or other agency provided for in this Act only with such | ||||||
| 12 | person's written
consent or by court order, but is otherwise | ||||||
| 13 | confidential.
| ||||||
| 14 | (d) The Department shall by rule establish a system for | ||||||
| 15 | filing and
compiling reports made under this Act.
| ||||||
| 16 | (e) Any physician who willfully fails to report as required | ||||||
| 17 | by this Act
shall be referred to the Illinois State Medical | ||||||
| 18 | Disciplinary Board for action
in accordance with subdivision | ||||||
| 19 | (A)(22) of Section 22 of the Medical Practice
Act of 1987. Any | ||||||
| 20 | dentist or dental hygienist who willfully fails to report as
| ||||||
| 21 | required by this Act shall be referred to the Department of | ||||||
| 22 | Professional
Regulation for action in accordance with | ||||||
| 23 | paragraph 19 of Section 23 of the
Illinois Dental Practice Act. | ||||||
| 24 | Any optometrist who willfully fails to report as required by | ||||||
| 25 | this Act shall be referred to the Department of Financial and | ||||||
| 26 | Professional Regulation for action in accordance with | ||||||
| |||||||
| |||||||
| 1 | paragraph (15) of subsection (a) of Section 24 of the Illinois | ||||||
| 2 | Optometric Practice Act of 1987. Any other mandated reporter | ||||||
| 3 | required by
this Act to report suspected abuse, neglect, or | ||||||
| 4 | financial exploitation who
willfully fails to report the same | ||||||
| 5 | is guilty of a Class A misdemeanor.
| ||||||
| 6 | (Source: P.A. 97-860, eff. 7-30-12; 98-49, eff. 7-1-13.)
| ||||||
| 7 | (320 ILCS 20/5) (from Ch. 23, par. 6605)
| ||||||
| 8 | Sec. 5. Procedure.
| ||||||
| 9 | (a) A provider agency designated to receive reports
of | ||||||
| 10 | alleged or suspected abuse, neglect, financial
exploitation, | ||||||
| 11 | or self-neglect under
this Act shall, upon
receiving such a | ||||||
| 12 | report, conduct a face-to-face assessment with respect to
such | ||||||
| 13 | report, in accord with established law and Department | ||||||
| 14 | protocols, procedures, and policies. Face-to-face assessments, | ||||||
| 15 | casework, and follow-up of reports of self-neglect by the | ||||||
| 16 | provider agencies designated to receive reports of | ||||||
| 17 | self-neglect shall be subject to sufficient appropriation for | ||||||
| 18 | statewide implementation of assessments, casework, and | ||||||
| 19 | follow-up of reports of self-neglect. In the absence of | ||||||
| 20 | sufficient appropriation for statewide implementation of | ||||||
| 21 | assessments, casework, and follow-up of reports of | ||||||
| 22 | self-neglect, the designated adult protective services | ||||||
| 23 | provider agency shall refer all reports of self-neglect to the | ||||||
| 24 | appropriate agency or agencies as designated by the Department | ||||||
| 25 | for any follow-up. The assessment shall include, but not be | ||||||
| |||||||
| |||||||
| 1 | limited to, a visit
to the residence of the eligible adult who | ||||||
| 2 | is the subject of the report and
may include interviews or | ||||||
| 3 | consultations with service agencies or
individuals who may have | ||||||
| 4 | knowledge of the eligible adult's circumstances.
If, after the | ||||||
| 5 | assessment, the provider agency determines that the case is
| ||||||
| 6 | substantiated it shall develop a service care plan for the | ||||||
| 7 | eligible adult and may report its findings at any time during | ||||||
| 8 | the case to the appropriate law enforcement agency in accord | ||||||
| 9 | with established law and Department protocols, procedures, and | ||||||
| 10 | policies.
In developing a case plan, the provider agency may | ||||||
| 11 | consult with any other
appropriate provider of services, and | ||||||
| 12 | such providers shall be immune from
civil or criminal liability | ||||||
| 13 | on account of such acts. The plan shall
include alternative | ||||||
| 14 | suggested or recommended
services which are appropriate to the | ||||||
| 15 | needs of the eligible adult and which
involve the least | ||||||
| 16 | restriction of the eligible adult's activities
commensurate | ||||||
| 17 | with his or her needs. Only those services to which consent
is
| ||||||
| 18 | provided in accordance with Section 9 of this Act shall be | ||||||
| 19 | provided,
contingent upon the availability of such services.
| ||||||
| 20 | (b) A provider agency shall refer evidence of crimes | ||||||
| 21 | against an eligible
adult to the appropriate law enforcement | ||||||
| 22 | agency according to Department
policies. A referral to law | ||||||
| 23 | enforcement may be made at intake or any time
during the case. | ||||||
| 24 | Where a provider agency has reason to believe the death of an
| ||||||
| 25 | eligible adult may be the result of abuse or neglect, the | ||||||
| 26 | agency shall
immediately report the matter to the coroner or | ||||||
| |||||||
| |||||||
| 1 | medical examiner and shall
cooperate fully with any subsequent | ||||||
| 2 | investigation. | ||||||
| 3 | (c) If any person other than the alleged victim refuses to | ||||||
| 4 | allow the provider agency to begin
an investigation, interferes | ||||||
| 5 | with the provider agency's ability to
conduct an investigation, | ||||||
| 6 | or refuses to give access to an eligible
adult, the appropriate | ||||||
| 7 | law enforcement agency must be consulted regarding the | ||||||
| 8 | investigation.
| ||||||
| 9 | (Source: P.A. 98-49, eff. 7-1-13.)
| ||||||
| 10 | (320 ILCS 20/7.5) | ||||||
| 11 | Sec. 7.5. Health Care Worker Registry. | ||||||
| 12 | (a) To protect individuals receiving in-home and | ||||||
| 13 | community-based services, the Department on Aging shall | ||||||
| 14 | establish a Registry effective January 1, 2015. | ||||||
| 15 | (a-5) The Registry shall identify individuals against whom | ||||||
| 16 | a verified and substantiated finding was made under this Act of | ||||||
| 17 | significant abuse, neglect, or financial exploitation while | ||||||
| 18 | working for or compensated with public funds from certain | ||||||
| 19 | agencies of the State or while working for a provider that is | ||||||
| 20 | licensed, certified, or regulated by, or paid with public funds | ||||||
| 21 | from these agencies as set forth in subsection (a-10) of this | ||||||
| 22 | Section. | ||||||
| 23 | The information in the Registry shall be confidential | ||||||
| 24 | except as specifically authorized in this Act and shall not be | ||||||
| 25 | deemed a public record. | ||||||
| |||||||
| |||||||
| 1 | (a-10) (a) Reporting to the Registry. The Department on | ||||||
| 2 | Aging shall report to the to the Department of Public Health's | ||||||
| 3 | Health Care Worker Registry the identity of the caregiver when | ||||||
| 4 | a and administrative finding of a verified and substantiated | ||||||
| 5 | decision of significant abuse, neglect, or financial | ||||||
| 6 | exploitation of an eligible adult under this Act that is made | ||||||
| 7 | against a caregiver who works for, is regulated by, or | ||||||
| 8 | compensated with public funds from the Department on Aging, the | ||||||
| 9 | Department of Healthcare and Family Services, the Department of | ||||||
| 10 | Human Services, or the Department of Public Health or who works | ||||||
| 11 | for any caregiver , including consultants and volunteers, | ||||||
| 12 | employed by a provider licensed, certified, or regulated by, or | ||||||
| 13 | paid with public funds from any of these State agencies, the | ||||||
| 14 | Department of Public Health, Healthcare and Family Services, or | ||||||
| 15 | Human Services, or the Department on Aging. For uncompensated | ||||||
| 16 | or privately paid caregivers, the Department on Aging shall | ||||||
| 17 | report only a verified and substantiated decision of | ||||||
| 18 | significant abuse, neglect, or financial exploitation of an | ||||||
| 19 | eligible adult under this Act. | ||||||
| 20 | A An administrative finding against a caregiver that is | ||||||
| 21 | placed in the Registry shall preclude that any caregiver from | ||||||
| 22 | providing direct care, as defined in this Section access or | ||||||
| 23 | other services, including consulting and volunteering, in a | ||||||
| 24 | position with the Department on Aging, the Department of | ||||||
| 25 | Healthcare and Family Services, the Department of Human | ||||||
| 26 | Services, or the Department of Public Health or providers | ||||||
| |||||||
| |||||||
| 1 | thereof as described in this subsection a provider that is | ||||||
| 2 | licensed, certified, or regulated by, or paid with public funds | ||||||
| 3 | from or on behalf of, the State of Illinois or any Department | ||||||
| 4 | thereof, that permits the caregiver direct access to an adult | ||||||
| 5 | aged 60 or older or an adult, over 18, with a disability or to | ||||||
| 6 | that individual's living quarters or personal, financial, or | ||||||
| 7 | medical records. | ||||||
| 8 | (b) Definitions. As used in this Section: | ||||||
| 9 | "Direct care" includes, but is not limited to, direct | ||||||
| 10 | access to a person aged 60 or older or to an adult with | ||||||
| 11 | disabilities aged 18 through 59 to an individual, his or her | ||||||
| 12 | living quarters, or his or her personal, financial, or medical | ||||||
| 13 | records for the purpose of providing nursing care or assistance | ||||||
| 14 | with feeding, dressing, movement, bathing, toileting, other | ||||||
| 15 | personal needs and activities of daily living, or assistance | ||||||
| 16 | with financial transactions. | ||||||
| 17 | "Privately paid caregiver" means any caregiver who has been | ||||||
| 18 | paid with resources other than public funds, regardless of | ||||||
| 19 | licensure, certification, or regulation by the State of | ||||||
| 20 | Illinois and any Department thereof. A privately paid caregiver | ||||||
| 21 | does not include any caregiver that has been licensed, | ||||||
| 22 | certified, or regulated by a State agency, or paid with public | ||||||
| 23 | funds. | ||||||
| 24 | "Significant" means a finding of abuse, neglect, or | ||||||
| 25 | financial exploitation as determined by the Department that (i) | ||||||
| 26 | represents a substantial meaningful failure to adequately | ||||||
| |||||||
| |||||||
| 1 | provide for, or a material indifference to, the financial, | ||||||
| 2 | health, safety, or medical needs of an eligible adult or (ii) | ||||||
| 3 | results in an eligible adult's death or other serious | ||||||
| 4 | deterioration of an eligible adult's financial resources, | ||||||
| 5 | physical condition, or mental condition. | ||||||
| 6 | "Uncompensated caregiver" means a caregiver who, in an | ||||||
| 7 | informal capacity, assists an eligible adult with activities of | ||||||
| 8 | daily living, financial transactions, or chore housekeeping | ||||||
| 9 | type duties. "Uncompensated caregiver" does not refer to an | ||||||
| 10 | individual serving in a formal capacity as a volunteer with a | ||||||
| 11 | provider licensed, certified, or regulated by a State agency. | ||||||
| 12 | (c) Access to and use of the Registry. Access to the | ||||||
| 13 | Registry shall be limited to the Department on Aging, the | ||||||
| 14 | Department of Healthcare and Family Services, the Department of | ||||||
| 15 | Human Services, and the Department of Public Health and | ||||||
| 16 | providers of direct care as described in subsection (a-10) of | ||||||
| 17 | this Section. These State agencies and providers licensed, | ||||||
| 18 | certified, or regulated providers by the Department of Public | ||||||
| 19 | Health, Healthcare and Family Service, or Human Services, or | ||||||
| 20 | the Department on Aging. The State of Illinois, any Department | ||||||
| 21 | thereof, or a provider licensed, certified, or regulated, or | ||||||
| 22 | paid with public funds by, from, or on behalf of the Department | ||||||
| 23 | of Public Health, Healthcare and Family Services, or Human | ||||||
| 24 | Services, or the Department on Aging, shall not hire, or | ||||||
| 25 | compensate, or utilize the services of any person seeking | ||||||
| 26 | employment, retain any contractors, or accept any volunteers to | ||||||
| |||||||
| |||||||
| 1 | provide direct care without first conducting an online check of | ||||||
| 2 | whether the person has been placed on the Registry the person | ||||||
| 3 | through the Department of Public Health's Health Care Worker | ||||||
| 4 | Registry. These State agencies and providers The provider shall | ||||||
| 5 | maintain a copy of the results of the online check to | ||||||
| 6 | demonstrate compliance with this requirement. These State | ||||||
| 7 | agencies and providers are The provider is prohibited from | ||||||
| 8 | retaining, hiring, compensating, or utilizing the services of | ||||||
| 9 | accepting a person to provide direct care if , including as a | ||||||
| 10 | consultant or volunteer, for whom the online check of the | ||||||
| 11 | person reveals a verified and substantiated claim of | ||||||
| 12 | significant abuse, neglect, or financial exploitation or when | ||||||
| 13 | they otherwise gain knowledge of such a finding , to provide | ||||||
| 14 | direct access to any adult aged 60 or older or any adult, over | ||||||
| 15 | 18, with a disability. Additionally, a provider is prohibited | ||||||
| 16 | from retaining a person for whom they gain knowledge of a | ||||||
| 17 | verified and substantiated claim of abuse, neglect, or | ||||||
| 18 | financial exploitation in a position that permits the caregiver | ||||||
| 19 | direct access to provide direct care to any adult aged 60 or | ||||||
| 20 | older or any adult, over 18, with a disability or direct access | ||||||
| 21 | to that individual's living quarters or personal, financial, or | ||||||
| 22 | medical records. Failure to comply with this requirement may | ||||||
| 23 | subject such a provider to corrective action by the appropriate | ||||||
| 24 | regulatory agency or other lawful remedies provided under the | ||||||
| 25 | applicable licensure, certification, or regulatory laws and | ||||||
| 26 | rules. | ||||||
| |||||||
| |||||||
| 1 | (d) Notice to caregiver. The Department on Aging shall
| ||||||
| 2 | establish rules concerning notice to the caregiver in cases of | ||||||
| 3 | a verified and substantiated finding of significant abuse, | ||||||
| 4 | neglect, or financial exploitation against him or her. | ||||||
| 5 | (e) Notification to eligible adults, guardians, or agents. | ||||||
| 6 | As part of its investigation, the Department on Aging shall | ||||||
| 7 | notify an eligible adult, or an eligible adult's guardian or | ||||||
| 8 | agent, that his or her a caregiver's name may be placed on the | ||||||
| 9 | Registry based on a finding as described in subsection (a-10) | ||||||
| 10 | (a-1) of this Section. | ||||||
| 11 | (f) Notification to employer. The Department on Aging shall | ||||||
| 12 | notify the appropriate State agency or provider of direct care, | ||||||
| 13 | when A provider licensed, certified, or regulated by the | ||||||
| 14 | Department of Public Health, Healthcare and Family Services, or | ||||||
| 15 | Human Services, or the Department on Aging shall be notified of | ||||||
| 16 | an administrative finding against any caregiver who is an | ||||||
| 17 | employee, consultant, or volunteer of a verified and | ||||||
| 18 | substantiated finding decision of significant abuse, neglect, | ||||||
| 19 | or financial exploitation of an eligible adult under this Act | ||||||
| 20 | is made against a caregiver. If there is an imminent risk of | ||||||
| 21 | danger to the eligible adult or an imminent risk of misuse of | ||||||
| 22 | personal, medical, or financial information, the caregiver | ||||||
| 23 | shall immediately be barred from providing direct care or | ||||||
| 24 | having direct access to the eligible adult, his or her living | ||||||
| 25 | quarters, or his or her personal, financial, or medical | ||||||
| 26 | records, pending the outcome of any challenge, criminal | ||||||
| |||||||
| |||||||
| 1 | prosecution, or other type of collateral action. | ||||||
| 2 | (g) Caregiver challenges. The Department on Aging
shall | ||||||
| 3 | establish, by rule, procedures concerning caregiver challenges | ||||||
| 4 | to placement on the Registry. | ||||||
| 5 | (h) Caregiver's rights to collateral action. The | ||||||
| 6 | Department on Aging shall not make any report to the Registry | ||||||
| 7 | if a caregiver notifies the Department in writing, including | ||||||
| 8 | any supporting documentation, that he or she is formally | ||||||
| 9 | challenging an adverse employment action resulting from a | ||||||
| 10 | verified and substantiated finding of significant abuse, | ||||||
| 11 | neglect, or financial exploitation by complaint filed with the | ||||||
| 12 | Illinois Civil Service Commission, or by another means which | ||||||
| 13 | seeks to enforce the caregiver's rights pursuant to any | ||||||
| 14 | applicable collective bargaining agreement. If an action taken | ||||||
| 15 | by an employer against a caregiver as a result of a finding of | ||||||
| 16 | significant abuse, neglect, or financial exploitation is | ||||||
| 17 | overturned through an action filed with the Illinois Civil | ||||||
| 18 | Service Commission or under any applicable collective | ||||||
| 19 | bargaining agreement after that caregiver's name has already | ||||||
| 20 | been sent to the Registry, the caregiver's name shall be | ||||||
| 21 | removed from the Registry. | ||||||
| 22 | (i) Removal from Registry. At any time after a report to | ||||||
| 23 | the Registry, but no more than once in each successive 3-year | ||||||
| 24 | period thereafter, for a maximum of 3 such requests, a | ||||||
| 25 | caregiver may write to the Director of the Department on Aging | ||||||
| 26 | to request removal of his or her name from the Registry in | ||||||
| |||||||
| |||||||
| 1 | relationship to a single incident. The caregiver shall bear the | ||||||
| 2 | burden of establishing showing cause that establishes, by a | ||||||
| 3 | preponderance of the evidence, that removal of his or her name | ||||||
| 4 | from the Registry is in the public interest. Upon receiving | ||||||
| 5 | such a request, the Department on Aging shall conduct an | ||||||
| 6 | investigation and consider any evidentiary material provided. | ||||||
| 7 | The Department shall issue a decision either granting or | ||||||
| 8 | denying removal within 60 calendar days, and shall issue such | ||||||
| 9 | decision to the caregiver and report it to the Registry. The | ||||||
| 10 | waiver process at the Department of Public Health does not | ||||||
| 11 | apply to Registry reports from the Department on Aging. The | ||||||
| 12 | Department on Aging shall establish standards for requesting | ||||||
| 13 | the removal of a name from the Registry by rule. | ||||||
| 14 | (j) Referral of Registry reports to health care facilities. | ||||||
| 15 | In the event an eligible adult receiving services from a | ||||||
| 16 | provider agency changes his or her residence from a domestic | ||||||
| 17 | living situation to that of a health care or long term care | ||||||
| 18 | facility, the provider agency shall use reasonable efforts to | ||||||
| 19 | promptly inform the health care facility and the appropriate | ||||||
| 20 | Regional Long Term Care Ombudsman about any Registry reports | ||||||
| 21 | relating to the eligible adult. For purposes of this Section, a | ||||||
| 22 | health care and long term care facility includes, but is not | ||||||
| 23 | limited to, any residential facility licensed, certified, or | ||||||
| 24 | regulated by the Department of Public Health, Healthcare and | ||||||
| 25 | Family Services, or Human Services.
| ||||||
| 26 | (k) The Department on Aging shall have immunity from any | ||||||
| |||||||
| |||||||
| 1 | liability, civil or criminal, for reporting information to the | ||||||
| 2 | Registry. | ||||||
| 3 | (Source: P.A. 98-49, eff. 1-1-14; revised 11-12-13.)
| ||||||
| 4 | (320 ILCS 20/8) (from Ch. 23, par. 6608)
| ||||||
| 5 | Sec. 8. Access to records. All records concerning reports | ||||||
| 6 | of abuse,
neglect, financial exploitation, or self-neglect and | ||||||
| 7 | all records generated as a result of
such reports shall be | ||||||
| 8 | confidential and shall not be disclosed except as
specifically | ||||||
| 9 | authorized by this Act or other applicable law. In accord with | ||||||
| 10 | established law and Department protocols, procedures, and | ||||||
| 11 | policies, access to such
records, but not access to the | ||||||
| 12 | identity of the person or persons making a
report of alleged | ||||||
| 13 | abuse, neglect,
financial exploitation, or self-neglect as | ||||||
| 14 | contained in
such records, shall be provided, upon request, to | ||||||
| 15 | the following persons and for the following
persons:
| ||||||
| 16 | (1) Department staff, provider agency staff, other | ||||||
| 17 | aging network staff, and
regional administrative agency | ||||||
| 18 | staff, including staff of the Chicago Department on Aging | ||||||
| 19 | while that agency is designated as a regional | ||||||
| 20 | administrative agency, in the furtherance of their
| ||||||
| 21 | responsibilities under this Act;
| ||||||
| 22 | (2) A law enforcement agency investigating known or | ||||||
| 23 | suspected
abuse, neglect, financial exploitation, or | ||||||
| 24 | self-neglect. Where a provider
agency has reason to believe | ||||||
| 25 | that the
death of an eligible adult may be the result of | ||||||
| |||||||
| |||||||
| 1 | abuse or neglect, including any reports made after death, | ||||||
| 2 | the agency
shall immediately provide the appropriate law | ||||||
| 3 | enforcement agency with all
records pertaining to the | ||||||
| 4 | eligible adult;
| ||||||
| 5 | (2.5) A law enforcement agency, fire department | ||||||
| 6 | agency, or fire protection district having proper | ||||||
| 7 | jurisdiction pursuant to a written agreement between a | ||||||
| 8 | provider agency and the law enforcement agency, fire | ||||||
| 9 | department agency, or fire protection district under which | ||||||
| 10 | the provider agency may furnish to the law enforcement | ||||||
| 11 | agency, fire department agency, or fire protection | ||||||
| 12 | district a list of all eligible adults who may be at | ||||||
| 13 | imminent risk of abuse, neglect, financial exploitation, | ||||||
| 14 | or self-neglect; | ||||||
| 15 | (3) A physician who has before him or her or who is | ||||||
| 16 | involved
in the treatment of an eligible adult whom he or | ||||||
| 17 | she reasonably suspects
may be abused, neglected, | ||||||
| 18 | financially exploited, or self-neglected or who has been
| ||||||
| 19 | referred to the Adult Protective Services Program;
| ||||||
| 20 | (4) An eligible adult reported to be abused,
neglected,
| ||||||
| 21 | financially exploited, or self-neglected, or such adult's | ||||||
| 22 | authorized guardian or agent, unless such
guardian or agent | ||||||
| 23 | is the abuser or the alleged abuser; | ||||||
| 24 | (4.5) An executor or administrator of the estate of an | ||||||
| 25 | eligible adult who is deceased;
| ||||||
| 26 | (5) In cases regarding abuse, neglect, or financial | ||||||
| |||||||
| |||||||
| 1 | exploitation, a court or a guardian ad litem, upon its or | ||||||
| 2 | his or
her finding that access to such records may be
| ||||||
| 3 | necessary for the determination of an issue before the | ||||||
| 4 | court.
However,
such access shall be limited to an in | ||||||
| 5 | camera inspection of the records,
unless the court | ||||||
| 6 | determines that disclosure of the information contained
| ||||||
| 7 | therein is necessary for the resolution of an issue then | ||||||
| 8 | pending before it;
| ||||||
| 9 | (5.5) In cases regarding self-neglect, a guardian ad | ||||||
| 10 | litem;
| ||||||
| 11 | (6) A grand jury, upon its determination that access to | ||||||
| 12 | such
records is necessary in the conduct of its official | ||||||
| 13 | business;
| ||||||
| 14 | (7) Any person authorized by the Director, in writing, | ||||||
| 15 | for
audit or bona fide research purposes;
| ||||||
| 16 | (8) A coroner or medical examiner who has reason to | ||||||
| 17 | believe
that an eligible adult has died as the result of | ||||||
| 18 | abuse, neglect,
financial exploitation, or self-neglect. | ||||||
| 19 | The provider agency shall immediately provide the
coroner
| ||||||
| 20 | or medical examiner with all records pertaining to the | ||||||
| 21 | eligible adult;
| ||||||
| 22 | (8.5) A coroner or medical examiner having proper | ||||||
| 23 | jurisdiction, pursuant to a written agreement between a | ||||||
| 24 | provider agency and the coroner or medical examiner, under | ||||||
| 25 | which the provider agency may furnish to the office of the | ||||||
| 26 | coroner or medical examiner a list of all eligible adults | ||||||
| |||||||
| |||||||
| 1 | who may be at imminent risk of death as a result of abuse, | ||||||
| 2 | neglect, financial exploitation, or self-neglect; | ||||||
| 3 | (9) Department of Financial and Professional | ||||||
| 4 | Regulation staff
and members of the Illinois Medical | ||||||
| 5 | Disciplinary Board or the Social Work Examining and | ||||||
| 6 | Disciplinary Board in the course
of investigating alleged | ||||||
| 7 | violations of the Clinical Social Work and Social Work
| ||||||
| 8 | Practice Act by provider agency staff or other licensing | ||||||
| 9 | bodies at the discretion of the Director of the Department | ||||||
| 10 | on Aging; | ||||||
| 11 | (9-a) Department of Healthcare and Family Services | ||||||
| 12 | staff when that Department is funding services to the | ||||||
| 13 | eligible adult, including access to the identity of the | ||||||
| 14 | eligible adult; | ||||||
| 15 | (9-b) Department of Human Services staff when that | ||||||
| 16 | Department is funding services to the eligible adult or is | ||||||
| 17 | providing reimbursement for services provided by the | ||||||
| 18 | abuser or alleged abuser, including access to the identity | ||||||
| 19 | of the eligible adult; | ||||||
| 20 | (10) Hearing officers in the course of conducting an | ||||||
| 21 | administrative hearing under this Act; parties to such | ||||||
| 22 | hearing shall be entitled to discovery as established by | ||||||
| 23 | rule; to determine whether a verified and substantiated | ||||||
| 24 | finding of significant abuse, neglect, or financial | ||||||
| 25 | exploitation of an eligible adult by a caregiver warrants | ||||||
| 26 | reporting to the Health Care Worker Registry; and
| ||||||
| |||||||
| |||||||
| 1 | (11) A caregiver who challenges placement on the | ||||||
| 2 | Registry shall be given the statement of allegations in the | ||||||
| 3 | abuse report and the substantiation decision in the final | ||||||
| 4 | investigative report; and | ||||||
| 5 | (12) (11) The Illinois Guardianship and Advocacy | ||||||
| 6 | Commission and the agency designated by the Governor under | ||||||
| 7 | Section 1 of the Protection and Advocacy for | ||||||
| 8 | Developmentally Disabled Persons Act shall have access, | ||||||
| 9 | through the Department, to records, including the | ||||||
| 10 | findings, pertaining to a completed or closed | ||||||
| 11 | investigation of a report of suspected abuse, neglect, | ||||||
| 12 | financial exploitation, or self-neglect of an eligible | ||||||
| 13 | adult. | ||||||
| 14 | (Source: P.A. 97-864, eff. 1-1-13; 98-49, eff. 7-1-13.)
| ||||||
| 15 | (320 ILCS 20/9) (from Ch. 23, par. 6609)
| ||||||
| 16 | Sec. 9. Authority to consent to services.
| ||||||
| 17 | (a) If an eligible adult
consents to an assessment of a | ||||||
| 18 | reported incident of suspected abuse, neglect, financial | ||||||
| 19 | exploitation, or self-neglect and, following the assessment of | ||||||
| 20 | such report, consents to services being provided according
to | ||||||
| 21 | the case plan, such services shall be arranged to meet the
| ||||||
| 22 | adult's needs, based upon the availability of resources to | ||||||
| 23 | provide such
services. If an adult withdraws his or her consent | ||||||
| 24 | for an assessment of the reported incident or withdraws his or | ||||||
| 25 | her consent for services and refuses to accept
such services, | ||||||
| |||||||
| |||||||
| 1 | the services shall not be provided.
| ||||||
| 2 | (b) If it reasonably appears to the Department or other | ||||||
| 3 | agency
designated under this Act that a person is an eligible | ||||||
| 4 | adult and lacks the
capacity to consent to an assessment of a | ||||||
| 5 | reported incident of suspected abuse, neglect, financial | ||||||
| 6 | exploitation, or self-neglect or to necessary services, the
| ||||||
| 7 | Department or other agency shall take appropriate action | ||||||
| 8 | necessary to ameliorate risk to the eligible adult if there is | ||||||
| 9 | a threat of ongoing harm or another emergency exists. The | ||||||
| 10 | Department or other agency
shall be authorized to seek the | ||||||
| 11 | notify the Illinois Guardianship and Advocacy Commission, the | ||||||
| 12 | Office of State Guardian, or any other appropriate agency, of | ||||||
| 13 | the potential need for appointment of a temporary guardian as | ||||||
| 14 | provided in Article XIa
of the Probate Act of 1975 for the | ||||||
| 15 | purpose of consenting to an assessment of the reported incident | ||||||
| 16 | and such services, together with an order for an evaluation of | ||||||
| 17 | the eligible adult's physical, psychological, and medical | ||||||
| 18 | condition and decisional capacity.
| ||||||
| 19 | (c) A guardian of the person of an eligible adult may | ||||||
| 20 | consent to
an assessment of the reported incident and to | ||||||
| 21 | services being provided according to the case plan. If an | ||||||
| 22 | eligible adult lacks capacity to consent, an agent having | ||||||
| 23 | authority under a power of attorney may consent to an | ||||||
| 24 | assessment of the reported incident and to services. If the | ||||||
| 25 | guardian or agent is the suspected abuser and he or she
| ||||||
| 26 | withdraws consent for the assessment of the reported incident, | ||||||
| |||||||
| |||||||
| 1 | or refuses to allow services to be provided to
the
eligible | ||||||
| 2 | adult, the Department, an agency designated under this Act, or | ||||||
| 3 | the
office of the Attorney General may
request a court order | ||||||
| 4 | seeking appropriate remedies, and may
in
addition request | ||||||
| 5 | removal of the guardian and appointment of a successor
guardian | ||||||
| 6 | or request removal of the agent and appointment of a guardian.
| ||||||
| 7 | (d) If an emergency exists and the Department or other | ||||||
| 8 | agency designated
under this Act reasonably believes that a | ||||||
| 9 | person is an eligible adult and
lacks the capacity to consent | ||||||
| 10 | to necessary services, the Department or
other agency may | ||||||
| 11 | request an ex parte order from the circuit court of the
county | ||||||
| 12 | in which the petitioner or respondent resides or in which the | ||||||
| 13 | alleged
abuse, neglect, financial exploitation, or | ||||||
| 14 | self-neglect occurred, authorizing
an
assessment of a report of | ||||||
| 15 | alleged or suspected abuse, neglect,
financial exploitation, | ||||||
| 16 | or self-neglect or the provision of necessary services, or
| ||||||
| 17 | both,
including relief available under the Illinois Domestic | ||||||
| 18 | Violence Act of 1986 in accord with established law and | ||||||
| 19 | Department protocols, procedures, and policies.
Petitions | ||||||
| 20 | filed under this subsection shall be treated as expedited
| ||||||
| 21 | proceedings. When an eligible adult is at risk of serious | ||||||
| 22 | injury or death and it reasonably appears that the eligible | ||||||
| 23 | adult lacks capacity to consent to necessary services, the | ||||||
| 24 | Department or other agency designated under this Act may take | ||||||
| 25 | action necessary to ameliorate the risk in accordance with | ||||||
| 26 | administrative rules promulgated by the Department.
| ||||||
| |||||||
| |||||||
| 1 | (d-5) For purposes of this Section, an eligible adult | ||||||
| 2 | "lacks the capacity to consent" if qualified staff of an agency | ||||||
| 3 | designated under this Act reasonably determine, in accordance | ||||||
| 4 | with administrative rules promulgated by the Department, that | ||||||
| 5 | he or she appears either (i) unable to receive and evaluate | ||||||
| 6 | information related to the assessment or services or (ii) | ||||||
| 7 | unable to communicate in any manner decisions related to the | ||||||
| 8 | assessment of the reported incident or services. | ||||||
| 9 | (e) Within 15 days after the entry of the ex parte | ||||||
| 10 | emergency order, the
order shall expire, or, if the need for | ||||||
| 11 | assessment of the reported incident or services continues, the
| ||||||
| 12 | provider agency shall petition for the appointment of a | ||||||
| 13 | guardian as provided in
Article XIa of the Probate Act of 1975 | ||||||
| 14 | for the purpose of consenting to such
assessment or services or | ||||||
| 15 | to protect the eligible adult from further harm.
| ||||||
| 16 | (f) If the court enters an ex parte order under subsection | ||||||
| 17 | (d) for an assessment of a reported incident of alleged or | ||||||
| 18 | suspected abuse, neglect, financial exploitation, or | ||||||
| 19 | self-neglect, or for the provision of necessary services in | ||||||
| 20 | connection with alleged or suspected self-neglect, or for both, | ||||||
| 21 | the court, as soon as is practicable thereafter, shall appoint | ||||||
| 22 | a guardian ad litem for the eligible adult who is the subject | ||||||
| 23 | of the order, for the purpose of reviewing the reasonableness | ||||||
| 24 | of the order. The guardian ad litem shall review the order and, | ||||||
| 25 | if the guardian ad litem reasonably believes that the order is | ||||||
| 26 | unreasonable, the guardian ad litem shall file a petition with | ||||||
| |||||||
| |||||||
| 1 | the court stating the guardian ad litem's belief and requesting | ||||||
| 2 | that the order be vacated.
| ||||||
| 3 | (g) In all cases in which there is a substantiated finding | ||||||
| 4 | of abuse, neglect, or financial exploitation by a guardian, the | ||||||
| 5 | Department shall, within 30 days after the finding, notify the | ||||||
| 6 | Probate Court with jurisdiction over the guardianship. | ||||||
| 7 | (Source: P.A. 98-49, eff. 7-1-13.)
| ||||||
| 8 | (320 ILCS 20/13)
| ||||||
| 9 | Sec. 13. Access.
| ||||||
| 10 | (a) In accord with established law and Department | ||||||
| 11 | protocols, procedures, and policies, the designated provider | ||||||
| 12 | agencies shall have access to
eligible adults who have been | ||||||
| 13 | reported or found to be victims of abuse,
neglect,
financial | ||||||
| 14 | exploitation, or self-neglect
in order to assess the validity | ||||||
| 15 | of the
report, assess
other needs of the eligible adult, and | ||||||
| 16 | provide services in accordance with this
Act.
| ||||||
| 17 | (a-5) A representative of the Department or a designated | ||||||
| 18 | provider agency that is actively involved in an abuse, neglect, | ||||||
| 19 | financial exploitation, or self-neglect investigation under | ||||||
| 20 | this Act shall be allowed access to the financial records, | ||||||
| 21 | mental and physical health records, and other relevant | ||||||
| 22 | evaluative records of the eligible adult which are in the | ||||||
| 23 | possession of any individual, financial institution, health | ||||||
| 24 | care provider, mental health provider, educational facility, | ||||||
| 25 | or other facility if necessary to complete the investigation | ||||||
| |||||||
| |||||||
| 1 | mandated by this Act. The provider or facility shall provide | ||||||
| 2 | such records to the representative upon receipt of a written | ||||||
| 3 | request and certification from the Department or designated | ||||||
| 4 | provider agency that an investigation is being conducted under | ||||||
| 5 | this Act and that records are pertinent to the investigation. | ||||||
| 6 | Any records received by such representative, the | ||||||
| 7 | confidentiality of which is protected by another law or rule, | ||||||
| 8 | shall be maintained as confidential, except for such use as may | ||||||
| 9 | be necessary for any administrative or other legal proceeding. | ||||||
| 10 | (b) Where access to an eligible adult is denied, including | ||||||
| 11 | the refusal to provide requested records, the Office of the | ||||||
| 12 | Attorney
General, the Department, or the provider agency may | ||||||
| 13 | petition the court for an
order to require appropriate access | ||||||
| 14 | where:
| ||||||
| 15 | (1) a caregiver or third party has interfered with the | ||||||
| 16 | assessment or
service plan, or
| ||||||
| 17 | (2) the agency has reason to believe that the eligible | ||||||
| 18 | adult is denying
access because of coercion, extortion, or | ||||||
| 19 | justifiable fear of future abuse,
neglect, or financial | ||||||
| 20 | exploitation.
| ||||||
| 21 | (c) The petition for an order requiring appropriate access | ||||||
| 22 | shall be afforded
an expedited hearing in the circuit court.
| ||||||
| 23 | (d) If the provider agency has substantiated financial
| ||||||
| 24 | exploitation against an eligible adult, and has documented a | ||||||
| 25 | reasonable belief
that the eligible adult will be irreparably | ||||||
| 26 | harmed as a result of the financial
exploitation, the Office of | ||||||
| |||||||
| |||||||
| 1 | the Attorney General, the Department, or the
provider agency | ||||||
| 2 | may petition for an order freezing the assets of the eligible
| ||||||
| 3 | adult. The petition shall be filed in the county or counties in | ||||||
| 4 | which the
assets are located. The court's order shall prohibit | ||||||
| 5 | the sale, gifting,
transfer, or wasting of the assets of the | ||||||
| 6 | eligible adult, both real and
personal, owned by, or vested in, | ||||||
| 7 | the eligible adult, without the express
permission of the | ||||||
| 8 | court. The petition to freeze the assets of the eligible
adult | ||||||
| 9 | shall be afforded an expedited hearing in the circuit court.
| ||||||
| 10 | (Source: P.A. 96-526, eff. 1-1-10.)
| ||||||
| 11 | (320 ILCS 20/15) | ||||||
| 12 | Sec. 15. Abuse Fatality Review Teams. | ||||||
| 13 | (a) State policy. | ||||||
| 14 | (1) Both the State and the community maintain a | ||||||
| 15 | commitment to preventing the abuse, neglect, and financial | ||||||
| 16 | exploitation of at-risk adults. This includes a charge to | ||||||
| 17 | bring perpetrators of crimes against at-risk adults to | ||||||
| 18 | justice and prevent untimely deaths in the community. | ||||||
| 19 | (2) When an at-risk adult dies, the response to the | ||||||
| 20 | death by the community, law enforcement, and the State must | ||||||
| 21 | include an accurate and complete determination of the cause | ||||||
| 22 | of death, and the development and implementation of | ||||||
| 23 | measures to prevent future deaths from similar causes. | ||||||
| 24 | (3) Multidisciplinary and multi-agency reviews of | ||||||
| 25 | deaths can assist the State and counties in developing a | ||||||
| |||||||
| |||||||
| 1 | greater understanding of the incidence and causes of | ||||||
| 2 | premature deaths and the methods for preventing those | ||||||
| 3 | deaths, improving methods for investigating deaths, and | ||||||
| 4 | identifying gaps in services to at-risk adults. | ||||||
| 5 | (4) Access to information regarding the deceased | ||||||
| 6 | person and his or her family by multidisciplinary and | ||||||
| 7 | multi-agency at-risk adult fatality review teams is | ||||||
| 8 | necessary in order to fulfill their purposes and duties. | ||||||
| 9 | (a-5) Definitions. As used in this Section: | ||||||
| 10 | "Advisory Council" means the Illinois At-Risk Adult | ||||||
| 11 | Fatality Review Team Advisory Council. | ||||||
| 12 | "Review Team" means a regional interagency at-risk | ||||||
| 13 | adult fatality review team. | ||||||
| 14 | (b) The Director, in consultation with the Advisory | ||||||
| 15 | Council, law enforcement, and other professionals who work in | ||||||
| 16 | the fields of investigating, treating, or preventing abuse or | ||||||
| 17 | neglect of at-risk adults, shall appoint members to a minimum | ||||||
| 18 | of one review team in each of the Department's planning and | ||||||
| 19 | service areas. Each member of a review team shall be appointed | ||||||
| 20 | for a 2-year term and shall be eligible for reappointment upon | ||||||
| 21 | the expiration of the term. A review team's purpose in | ||||||
| 22 | conducting review of at-risk adult deaths is: (i) to assist | ||||||
| 23 | local agencies in identifying and reviewing suspicious deaths | ||||||
| 24 | of adult victims of alleged, suspected, or substantiated abuse | ||||||
| 25 | or neglect in domestic living situations; (ii) to facilitate | ||||||
| 26 | communications between officials responsible for autopsies and | ||||||
| |||||||
| |||||||
| 1 | inquests and persons involved in reporting or investigating | ||||||
| 2 | alleged or suspected cases of abuse, neglect, or financial | ||||||
| 3 | exploitation of at-risk adults and persons involved in | ||||||
| 4 | providing services to at-risk adults; (iii) to evaluate means | ||||||
| 5 | by which the death might have been prevented; and (iv) to | ||||||
| 6 | report its findings to the appropriate agencies and the | ||||||
| 7 | Advisory Council and make recommendations that may help to | ||||||
| 8 | reduce the number of at-risk adult deaths caused by abuse and | ||||||
| 9 | neglect and that may help to improve the investigations of | ||||||
| 10 | deaths of at-risk adults and increase prosecutions, if | ||||||
| 11 | appropriate. | ||||||
| 12 | (b-5) Each such team shall be composed of representatives | ||||||
| 13 | of entities and individuals including, but not limited to: | ||||||
| 14 | (1) the Department on Aging; | ||||||
| 15 | (2) coroners or medical examiners (or both); | ||||||
| 16 | (3) State's Attorneys; | ||||||
| 17 | (4) local police departments; | ||||||
| 18 | (5) forensic units; | ||||||
| 19 | (6) local health departments; | ||||||
| 20 | (7) a social service or health care agency that | ||||||
| 21 | provides services to persons with mental illness, in a | ||||||
| 22 | program whose accreditation to provide such services is | ||||||
| 23 | recognized by the Division of Mental Health within the | ||||||
| 24 | Department of Human Services; | ||||||
| 25 | (8) a social service or health care agency that | ||||||
| 26 | provides services to persons with developmental | ||||||
| |||||||
| |||||||
| 1 | disabilities, in a program whose accreditation to provide | ||||||
| 2 | such services is recognized by the Division of | ||||||
| 3 | Developmental Disabilities within the Department of Human | ||||||
| 4 | Services; | ||||||
| 5 | (9) a local hospital, trauma center, or provider of | ||||||
| 6 | emergency medicine; | ||||||
| 7 | (10) providers of services for eligible adults in | ||||||
| 8 | domestic living situations; and | ||||||
| 9 | (11) a physician, psychiatrist, or other health care | ||||||
| 10 | provider knowledgeable about abuse and neglect of at-risk | ||||||
| 11 | adults. | ||||||
| 12 | (c) A review team shall review cases of deaths of at-risk | ||||||
| 13 | adults occurring in its planning and service area (i) involving | ||||||
| 14 | blunt force trauma or an undetermined manner or suspicious | ||||||
| 15 | cause of death, (ii) if requested by the deceased's attending | ||||||
| 16 | physician or an emergency room physician, (iii) upon referral | ||||||
| 17 | by a health care provider, (iv) upon referral by a coroner or | ||||||
| 18 | medical examiner, (v) constituting an open or closed case from | ||||||
| 19 | an adult protective services agency, law enforcement agency, | ||||||
| 20 | State's Attorney's office, or the Department of Human Services' | ||||||
| 21 | Office of the Inspector General that involves alleged or | ||||||
| 22 | suspected abuse, neglect, or financial exploitation; or
(vi) | ||||||
| 23 | upon referral by a law enforcement agency or State's Attorney's | ||||||
| 24 | office. If such a death occurs in a planning and service area | ||||||
| 25 | where a review team has not yet been established, the Director | ||||||
| 26 | shall request that the Advisory Council or another review team | ||||||
| |||||||
| |||||||
| 1 | review that death. A team may also review deaths of at-risk | ||||||
| 2 | adults if the alleged abuse or neglect occurred while the | ||||||
| 3 | person was residing in a domestic living situation. | ||||||
| 4 | A review team shall meet not less than 6 times a year to | ||||||
| 5 | discuss cases for its possible review. Each review team, with | ||||||
| 6 | the advice and consent of the Department, shall establish | ||||||
| 7 | criteria to be used in discussing cases of alleged, suspected, | ||||||
| 8 | or substantiated abuse or neglect for review and shall conduct | ||||||
| 9 | its activities in accordance with any applicable policies and | ||||||
| 10 | procedures established by the Department. | ||||||
| 11 | (c-5) The Illinois At-Risk Adult Fatality Review Team Teams | ||||||
| 12 | Advisory Council, consisting of one member from each review | ||||||
| 13 | team in Illinois, shall be the coordinating and oversight body | ||||||
| 14 | for review teams and activities in Illinois. The Director may | ||||||
| 15 | appoint to the Advisory Council any ex-officio members deemed | ||||||
| 16 | necessary. Persons with expertise needed by the Advisory | ||||||
| 17 | Council may be invited to meetings. The Advisory Council must | ||||||
| 18 | select from its members a chairperson and a vice-chairperson, | ||||||
| 19 | each to serve a 2-year term. The chairperson or | ||||||
| 20 | vice-chairperson may be selected to serve additional, | ||||||
| 21 | subsequent terms. The Advisory Council must meet at least 4 | ||||||
| 22 | times during each calendar year. | ||||||
| 23 | The Department may provide or arrange for the staff support | ||||||
| 24 | necessary for the Advisory Council to carry out its duties. The | ||||||
| 25 | Director, in cooperation and consultation with the Advisory | ||||||
| 26 | Council, shall appoint, reappoint, and remove review team | ||||||
| |||||||
| |||||||
| 1 | members. | ||||||
| 2 | The Advisory Council has, but is not limited to, the | ||||||
| 3 | following duties: | ||||||
| 4 | (1) To serve as the voice of review teams in Illinois. | ||||||
| 5 | (2) To oversee the review teams in order to ensure that | ||||||
| 6 | the review teams' work is coordinated and in compliance | ||||||
| 7 | with State statutes and the operating protocol. | ||||||
| 8 | (3) To ensure that the data, results, findings, and | ||||||
| 9 | recommendations of the review teams are adequately used in | ||||||
| 10 | a timely manner to make any necessary changes to the | ||||||
| 11 | policies, procedures, and State statutes in order to | ||||||
| 12 | protect at-risk adults. | ||||||
| 13 | (4) To collaborate with the Department in order to | ||||||
| 14 | develop any legislation needed to prevent unnecessary | ||||||
| 15 | deaths of at-risk adults. | ||||||
| 16 | (5) To ensure that the review teams' review processes | ||||||
| 17 | are standardized in order to convey data, findings, and | ||||||
| 18 | recommendations in a usable format. | ||||||
| 19 | (6) To serve as a link with review teams throughout the | ||||||
| 20 | country and to participate in national review team | ||||||
| 21 | activities. | ||||||
| 22 | (7) To provide the review teams with the most current | ||||||
| 23 | information and practices concerning at-risk adult death | ||||||
| 24 | review and related topics. | ||||||
| 25 | (8) To perform any other functions necessary to enhance | ||||||
| 26 | the capability of the review teams to reduce and prevent | ||||||
| |||||||
| |||||||
| 1 | at-risk adult fatalities. | ||||||
| 2 | The Advisory Council may prepare an annual report, in | ||||||
| 3 | consultation with the Department, using aggregate data | ||||||
| 4 | gathered by review teams and using the review teams' | ||||||
| 5 | recommendations to develop education, prevention, prosecution, | ||||||
| 6 | or other strategies designed to improve the coordination of | ||||||
| 7 | services for at-risk adults and their families. | ||||||
| 8 | In any instance where a review team does not operate in | ||||||
| 9 | accordance with established protocol, the Director, in | ||||||
| 10 | consultation and cooperation with the Advisory Council, must | ||||||
| 11 | take any necessary actions to bring the review team into | ||||||
| 12 | compliance with the protocol. | ||||||
| 13 | (d) Any document or oral or written communication shared | ||||||
| 14 | within or produced by the review team relating to a case | ||||||
| 15 | discussed or reviewed by the review team is confidential and is | ||||||
| 16 | not admissible as evidence in any civil or criminal proceeding, | ||||||
| 17 | except for use by a State's Attorney's office in prosecuting a | ||||||
| 18 | criminal case against a caregiver. Those records and | ||||||
| 19 | information are, however, subject to discovery or subpoena, and | ||||||
| 20 | are admissible as evidence, to the extent they are otherwise | ||||||
| 21 | available to the public. | ||||||
| 22 | Any document or oral or written communication provided to a | ||||||
| 23 | review team by an individual or entity, and created by that | ||||||
| 24 | individual or entity solely for the use of the review team, is | ||||||
| 25 | confidential, is not subject to disclosure to or discoverable | ||||||
| 26 | by another party, and is not admissible as evidence in any | ||||||
| |||||||
| |||||||
| 1 | civil or criminal proceeding, except for use by a State's | ||||||
| 2 | Attorney's office in prosecuting a criminal case against a | ||||||
| 3 | caregiver. Those records and information are, however, subject | ||||||
| 4 | to discovery or subpoena, and are admissible as evidence, to | ||||||
| 5 | the extent they are otherwise available to the public. | ||||||
| 6 | Each entity or individual represented on the abuse fatality | ||||||
| 7 | review team may share with other members of the team | ||||||
| 8 | information in the entity's or individual's possession | ||||||
| 9 | concerning the decedent who is the subject of the review or | ||||||
| 10 | concerning any person who was in contact with the decedent, as | ||||||
| 11 | well as any other information deemed by the entity or | ||||||
| 12 | individual to be pertinent to the review. Any such information | ||||||
| 13 | shared by an entity or individual with other members of the | ||||||
| 14 | review team is confidential. The intent of this paragraph is to | ||||||
| 15 | permit the disclosure to members of the review team of any | ||||||
| 16 | information deemed confidential or privileged or prohibited | ||||||
| 17 | from disclosure by any other provision of law. Release of | ||||||
| 18 | confidential communication between domestic violence advocates | ||||||
| 19 | and a domestic violence victim shall follow subsection (d) of | ||||||
| 20 | Section 227 of the Illinois Domestic Violence Act of 1986 which | ||||||
| 21 | allows for the waiver of privilege afforded to guardians, | ||||||
| 22 | executors, or administrators of the estate of the domestic | ||||||
| 23 | violence victim. This provision relating to the release of | ||||||
| 24 | confidential communication between domestic violence advocates | ||||||
| 25 | and a domestic violence victim shall exclude adult protective | ||||||
| 26 | service providers.
| ||||||
| |||||||
| |||||||
| 1 | A coroner's or medical examiner's office may share with the | ||||||
| 2 | review team medical records that have been made available to | ||||||
| 3 | the coroner's or medical examiner's office in connection with | ||||||
| 4 | that office's investigation of a death. | ||||||
| 5 | Members of a review team and the Advisory Council are not | ||||||
| 6 | subject to examination, in any civil or criminal proceeding, | ||||||
| 7 | concerning information presented to members of the review team | ||||||
| 8 | or the Advisory Council or opinions formed by members of the | ||||||
| 9 | review team or the Advisory Council based on that information. | ||||||
| 10 | A person may, however, be examined concerning information | ||||||
| 11 | provided to a review team or the Advisory Council. | ||||||
| 12 | (d-5) Meetings of the review teams and the Advisory Council | ||||||
| 13 | may be closed to the public under the Open Meetings Act. | ||||||
| 14 | Records and information provided to a review team and the | ||||||
| 15 | Advisory Council, and records maintained by a team or the | ||||||
| 16 | Advisory Council, are exempt from release under the Freedom of | ||||||
| 17 | Information Act. | ||||||
| 18 | (e) A review team's recommendation in relation to a case | ||||||
| 19 | discussed or reviewed by the review team, including, but not | ||||||
| 20 | limited to, a recommendation concerning an investigation or | ||||||
| 21 | prosecution, may be disclosed by the review team upon the | ||||||
| 22 | completion of its review and at the discretion of a majority of | ||||||
| 23 | its members who reviewed the case. | ||||||
| 24 | (e-5) The State shall indemnify and hold harmless members | ||||||
| 25 | of a review team and the Advisory Council for all their acts, | ||||||
| 26 | omissions, decisions, or other conduct arising out of the scope | ||||||
| |||||||
| |||||||
| 1 | of their service on the review team or Advisory Council, except | ||||||
| 2 | those involving willful or wanton misconduct. The method of | ||||||
| 3 | providing indemnification shall be as provided in the State | ||||||
| 4 | Employee Indemnification Act. | ||||||
| 5 | (f) The Department, in consultation with coroners, medical | ||||||
| 6 | examiners, and law enforcement agencies, shall use aggregate | ||||||
| 7 | data gathered by and recommendations from the Advisory Council | ||||||
| 8 | and the review teams to create an annual report and may use | ||||||
| 9 | those data and recommendations to develop education, | ||||||
| 10 | prevention, prosecution, or other strategies designed to | ||||||
| 11 | improve the coordination of services for at-risk adults and | ||||||
| 12 | their families. The Department or other State or county agency, | ||||||
| 13 | in consultation with coroners, medical examiners, and law | ||||||
| 14 | enforcement agencies, also may use aggregate data gathered by | ||||||
| 15 | the review teams to create a database of at-risk individuals.
| ||||||
| 16 | (g) The Department shall adopt such rules and regulations | ||||||
| 17 | as it deems necessary to implement this Section. | ||||||
| 18 | (Source: P.A. 98-49, eff. 7-1-13.)
| ||||||
| 19 | Section 99. Effective date. This Act takes effect upon | ||||||
| 20 | becoming law.".
| ||||||