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HB2388 Engrossed |
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LRB096 09993 DRJ 20157 b |
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| AN ACT concerning aging.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Elder Abuse and Neglect Act is amended by |
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| changing Sections 2 and 3 as follows:
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| (320 ILCS 20/2) (from Ch. 23, par. 6602)
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| Sec. 2. Definitions. As used in this Act, unless the |
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| context
requires otherwise:
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| (a) "Abuse" means causing any physical, mental or sexual |
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| injury to an
eligible adult, including exploitation of such |
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| adult's financial resources.
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| Nothing in this Act shall be construed to mean that an |
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| eligible adult is a
victim of abuse, neglect, or self-neglect |
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| for the sole reason that he or she is being
furnished with or |
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| relies upon treatment by spiritual means through prayer
alone, |
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| in accordance with the tenets and practices of a recognized |
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| church
or religious denomination.
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| Nothing in this Act shall be construed to mean that an |
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| eligible adult is a
victim of abuse because of health care |
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| services provided or not provided by
licensed health care |
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| professionals.
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| (a-5) "Abuser" means a person who abuses, neglects, or |
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| financially
exploits an eligible adult.
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HB2388 Engrossed |
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LRB096 09993 DRJ 20157 b |
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| (a-7) "Caregiver" means a person who either as a result of |
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| a family
relationship, voluntarily, or in exchange for |
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| compensation has assumed
responsibility for all or a portion of |
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| the care of an eligible adult who needs
assistance with |
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| activities of daily
living.
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| (b) "Department" means the Department on Aging of the State |
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| of Illinois.
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| (c) "Director" means the Director of the Department.
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| (d) "Domestic living situation" means a residence where the |
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| eligible
adult lives alone or with his or her family or a |
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| caregiver, or others,
or a board and care home or other |
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| community-based unlicensed facility, but
is not:
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| (1) A licensed facility as defined in Section 1-113 of |
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| the Nursing Home
Care Act;
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| (2) A "life care facility" as defined in the Life Care |
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| Facilities Act;
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| (3) A home, institution, or other place operated by the |
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| federal
government or agency thereof or by the State of |
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| Illinois;
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| (4) A hospital, sanitarium, or other institution, the |
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| principal activity
or business of which is the diagnosis, |
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| care, and treatment of human illness
through the |
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| maintenance and operation of organized facilities |
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| therefor,
which is required to be licensed under the |
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| Hospital Licensing Act;
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| (5) A "community living facility" as defined in the |
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HB2388 Engrossed |
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LRB096 09993 DRJ 20157 b |
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| Community Living
Facilities Licensing Act;
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| (6) A "community residential alternative" as defined |
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| in the Community
Residential Alternatives Licensing Act;
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| (7) A "community-integrated living arrangement" as |
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| defined in
the Community-Integrated Living Arrangements |
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| Licensure and Certification Act;
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| (8) An assisted living or shared housing establishment |
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| as defined in the Assisted Living and Shared Housing Act; |
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| or
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| (9) A supportive living facility as described in |
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| Section 5-5.01a of the Illinois Public Aid Code.
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| (e) "Eligible adult" means a person 60 years of age or |
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| older who
resides in a domestic living situation and is, or is |
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| alleged
to be, abused, neglected, or financially exploited by |
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| another individual or who neglects himself or herself.
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| (f) "Emergency" means a situation in which an eligible |
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| adult is living
in conditions presenting a risk of death or |
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| physical, mental or sexual
injury and the provider agency has |
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| reason to believe the eligible adult is
unable to
consent to |
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| services which would alleviate that risk.
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| (f-5) "Mandated reporter" means any of the following |
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| persons
while engaged in carrying out their professional |
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| duties:
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| (1) a professional or professional's delegate while |
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| engaged in: (i) social
services, (ii) law enforcement, |
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| (iii) education, (iv) the care of an eligible
adult or |
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HB2388 Engrossed |
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LRB096 09993 DRJ 20157 b |
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| eligible adults, or (v) any of the occupations required to |
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| be licensed
under
the Clinical Psychologist Licensing Act, |
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| the Clinical Social Work and Social
Work Practice Act, the |
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| Illinois Dental Practice Act, the Dietetic and Nutrition
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| Services Practice Act, the Marriage and Family Therapy |
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| Licensing Act, the
Medical Practice Act of 1987, the |
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| Naprapathic Practice Act, the
Nurse Practice Act, the |
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| Nursing Home
Administrators Licensing and
Disciplinary |
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| Act, the Illinois Occupational Therapy Practice Act, the |
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| Illinois
Optometric Practice Act of 1987, the Pharmacy |
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| Practice Act, the
Illinois Physical Therapy Act, the |
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| Physician Assistant Practice Act of 1987,
the Podiatric |
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| Medical Practice Act of 1987, the Respiratory Care Practice
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| Act,
the Professional Counselor and
Clinical Professional |
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| Counselor Licensing Act, the Illinois Speech-Language
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| Pathology and Audiology Practice Act, the Veterinary |
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| Medicine and Surgery
Practice Act of 2004, and the Illinois |
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| Public Accounting Act;
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| (2) an employee of a vocational rehabilitation |
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| facility prescribed or
supervised by the Department of |
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| Human Services;
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| (3) an administrator, employee, or person providing |
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| services in or through
an unlicensed community based |
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| facility;
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| (4) any religious practitioner who provides treatment |
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| by prayer or spiritual means alone in accordance with the |
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HB2388 Engrossed |
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LRB096 09993 DRJ 20157 b |
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| tenets and practices of a recognized church or religious |
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| denomination, except as to information received in any |
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| confession or sacred communication enjoined by the |
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| discipline of the religious denomination to be held |
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| confidential;
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| (5) field personnel of the Department of Healthcare and |
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| Family Services, Department of Public
Health, and |
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| Department of Human Services, and any county or
municipal |
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| health department;
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| (6) personnel of the Department of Human Services, the |
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| Guardianship and
Advocacy Commission, the State Fire |
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| Marshal, local fire departments, the
Department on Aging |
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| and its subsidiary Area Agencies on Aging and provider
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| agencies, and the Office of State Long Term Care Ombudsman;
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| (7) any employee of the State of Illinois not otherwise |
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| specified herein
who is involved in providing services to |
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| eligible adults, including
professionals providing medical |
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| or rehabilitation services and all
other persons having |
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| direct contact with eligible adults;
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| (8) a person who performs the duties of a coroner
or |
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| medical examiner; or
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| (9) a person who performs the duties of a paramedic or |
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| an emergency
medical
technician.
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| (g) "Neglect" means
another individual's failure to |
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| provide an eligible
adult with or willful withholding from an |
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| eligible adult the necessities of
life including, but not |
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HB2388 Engrossed |
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LRB096 09993 DRJ 20157 b |
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| limited to, food, clothing, shelter or health care.
This |
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| subsection does not create any new affirmative duty to provide |
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| support to
eligible adults. Nothing in this Act shall be |
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| construed to mean that an
eligible adult is a victim of neglect |
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| because of health care services provided
or not provided by |
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| licensed health care professionals.
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| (h) "Provider agency" means any public or nonprofit agency |
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| in a planning
and service area appointed by the regional |
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| administrative agency with prior
approval by the Department on |
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| Aging to receive and assess reports of
alleged or suspected |
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| abuse, neglect, or financial exploitation.
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| (i) "Regional administrative agency" means any public or |
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| nonprofit
agency in a planning and service area so designated |
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| by the Department,
provided that the designated Area Agency on |
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| Aging shall be designated the
regional administrative agency if |
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| it so requests.
The Department shall assume the functions of |
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| the regional administrative
agency for any planning and service |
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| area where another agency is not so
designated.
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| (i-5) "Self-neglect" means a condition that is the result |
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| of an eligible adult's inability, due to physical or mental |
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| impairments, or both, or a diminished capacity, to perform |
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| essential self-care tasks that substantially threaten his or |
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| her own health, including: providing essential food, clothing, |
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| shelter, and health care; and obtaining goods and services |
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| necessary to maintain physical health, mental health, |
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| emotional well-being, and general safety. The term includes |
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HB2388 Engrossed |
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LRB096 09993 DRJ 20157 b |
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| compulsive hoarding, which is characterized by the acquisition |
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| of, and unwillingness or inability to discard, large quantities |
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| of seemingly useless objects that create a significantly |
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| cluttered living space and cause considerable distress or |
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| impairment in functioning (Frost and Hartl, 1996).
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| (j) "Substantiated case" means a reported case of alleged |
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| or suspected
abuse, neglect, financial exploitation, or |
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| self-neglect in which a provider agency,
after assessment, |
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| determines that there is reason to believe abuse,
neglect, or |
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| financial exploitation has occurred.
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| (Source: P.A. 94-1064, eff. 1-1-07; 95-639, eff. 10-5-07; |
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| 95-689, eff. 10-29-07; 95-876, eff. 8-21-08.)
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| (320 ILCS 20/3) (from Ch. 23, par. 6603)
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| Sec. 3. Responsibilities.
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| (a) The Department shall establish,
design and manage a |
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| program of response and services for persons 60 years
of age |
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| and
older who have been, or are alleged to be, victims of |
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| abuse, neglect, financial exploitation, or self-neglect. The |
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| Department
shall contract with or fund or, contract with and |
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| fund, regional
administrative
agencies, provider
agencies, or |
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| both, for the provision of those
functions, and, contingent on |
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| adequate funding, with attorneys or legal
services provider |
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| agencies for the
provision of legal assistance pursuant to this |
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| Act. The program shall include the following services for |
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| eligible adults who have been removed from their residences for |
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HB2388 Engrossed |
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LRB096 09993 DRJ 20157 b |
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| the purpose of cleanup or repairs: temporary housing; |
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| counseling; and caseworker services to try to ensure that the |
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| conditions necessitating the removal do not reoccur.
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| (b) Each regional administrative agency shall designate |
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| provider
agencies within its planning and service area with |
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| prior approval by the
Department on Aging, monitor the use of |
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| services, provide technical
assistance to the provider |
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| agencies and be involved in program development
activities.
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| (c) Provider agencies shall assist, to the extent possible, |
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| eligible
adults who need agency
services to allow them to |
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| continue to function independently. Such
assistance shall |
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| include but not be limited to receiving reports of alleged
or |
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| suspected abuse, neglect, financial exploitation,
or |
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| self-neglect, conducting face-to-face assessments of
such |
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| reported cases, determination of substantiated cases, referral |
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| of
substantiated cases for necessary support services,
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| referral of criminal conduct to law enforcement in accordance |
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| with Department
guidelines,
and provision of case
work and |
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| follow-up services on substantiated cases. In the case of a |
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| report of alleged or suspected abuse or neglect that places an |
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| eligible adult at risk of injury or death, a provider agency |
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| shall respond to the report on an emergency basis in accordance |
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| with guidelines established by the Department by |
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| administrative rule and shall ensure that it is capable of |
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| responding to such a report 24 hours per day, 7 days per week. |
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| A provider agency may use an on-call system to respond to |
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HB2388 Engrossed |
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LRB096 09993 DRJ 20157 b |
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| reports of alleged or suspected abuse or neglect after hours |
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| and on weekends.
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| (d) By January 1, 2008, the Department on Aging, in |
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| cooperation with an Elder Self-Neglect Steering Committee, |
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| shall by rule develop protocols, procedures, and policies for |
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| (i) responding to reports of possible self-neglect, (ii) |
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| protecting the autonomy, rights, privacy, and privileges of |
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| adults during investigations of possible self-neglect and |
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| consequential judicial proceedings regarding competency, (iii) |
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| collecting and sharing relevant information and data among the |
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| Department, provider agencies, regional administrative |
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| agencies, and relevant seniors, (iv) developing working |
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| agreements between provider agencies and law enforcement, |
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| where practicable, and (v) developing procedures for |
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| collecting data regarding incidents of self-neglect. The Elder |
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| Self-Neglect Steering Committee shall be comprised of one |
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| person selected by the Elder Abuse Advisory Committee of the |
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| Department on Aging; 3 persons selected, on the request of the |
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| Director of Aging, by State or regional organizations that |
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| advocate for the rights of seniors, at least one of whom shall |
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| be a legal assistance attorney who represents seniors in |
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| competency proceedings; 2 persons selected, on the request of |
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| the Director of Aging, by statewide organizations that |
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| represent social workers and other persons who provide direct |
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| intervention and care to housebound seniors who are likely to |
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| neglect themselves; an expert on geropsychiatry, appointed by |
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HB2388 Engrossed |
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LRB096 09993 DRJ 20157 b |
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| the Secretary of Human Services; an expert on issues of |
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| physical health associated with seniors, appointed by the |
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| Director of Public Health; one representative of a law |
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| enforcement agency; one representative of the Chicago |
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| Department on Aging; and 3 other persons selected by the |
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| Director of Aging, including an expert from an institution of |
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| higher education who is familiar with the relevant areas of |
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| data collection and study.
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| (Source: P.A. 94-1064, eff. 1-1-07; 95-76, eff. 6-1-08 .)
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