HB1511 Enrolled

LRB094 04018 MKM 34034 b






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    AN ACT concerning human services.

 
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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 Abuse of Adults with Disabilities 
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Intervention Act is amended  by changing Section 45 as follows:
 



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    (20 ILCS 2435/45)  (from Ch. 23, par. 3395-45)



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    Sec. 45. Consent. 

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    (a) If the Adults with Disabilities Abuse
Project has 
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received a report of alleged or
suspected abuse, neglect, or 
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exploitation with regard to an adult with
disabilities who 
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lacks the capacity to consent to an assessment or to services,

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the Adults with Disabilities Abuse Project may seek, directly

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or through another agency,
the appointment of a temporary or 
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permanent guardian for assessment,
provision of services, or 
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any other decision-making authority as is appropriate
for the 
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individual as provided in Article
XIa of the Probate Act of 
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1975 or other relief as provided under the
Illinois Domestic 
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Violence Act of 1986.

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    (a-5) If the adult with disabilities consents to the 
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assessment, such
assessment shall be
conducted.  If the adult 
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with disabilities consents to the services included in
the 
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service
plan, such services shall be provided.  If the adult 
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with disabilities refuses
or withdraws
his or her consent to 
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the completion of the assessment, the assessment shall be

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terminated.
 If the adult with disabilities refuses or withdraws 
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his or her consent to the
provision of
services, the services 
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shall not be provided.

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    (b) A guardian of the person of an adult with
disabilities 
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who is abused,
neglected, or exploited by another individual in 
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a domestic living
situation may consent to an assessment or to 
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services being provided
pursuant to the service plan.  If the 
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guardian is alleged to be the
perpetrator of the abuse, 
 


 






HB1511 Enrolled
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LRB094 04018 MKM 34034 b




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neglect, or exploitation, the Adults with
Disabilities Abuse

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Project
shall, when there is an immediate and urgent necessity, 
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seek the appointment of a temporary substitute guardian

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pursuant to
Section 213.3 of the Illinois Domestic Violence Act 
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of 1986 under the
provisions of Article XIa of the Probate Act 
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of 1975.
If a guardian withdraws his consent or refuses to 
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allow
an assessment or services to be provided to the adult 
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with disabilities,
the Adults with Disabilities Abuse
Project

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may seek directly or through another agency a court order 
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seeking appropriate remedies, and may in addition
request 
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removal of the guardian and appointment of a successor guardian

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pursuant to Article XIa of the Probate Act of 1975.

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    (c) For the purposes of this Section only, "lacks the 
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capacity
to
consent" shall mean that the adult with 
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disabilities
reasonably appears to be
unable by reason of 
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physical or mental condition to receive and evaluate

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information related to the assessment or services, or to 
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communicate
decisions related to the assessment or services.

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(Source: P.A. 90-655, eff. 7-30-98; 91-671, eff. 7-1-00.)

 

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    Section 99. Effective date. This Act takes effect upon 
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becoming law.