SJ0104 95TH GENERAL ASSEMBLY

SJ0104 LRB095 21555 DRJ 51644 r

SENATE JOINT RESOLUTION

WHEREAS, A substantial and growing percentage of the adult citizens of Illinois are vulnerable to abuse, neglect, exploitation or victimization as a result of age, disability, status, or health condition; and

WHEREAS, Children of Illinois are also vulnerable to abuse, neglect, exploitation or victimization as a result of disability, status or health condition; and

WHEREAS, Under various Illinois laws, responsibility for addressing abuse, neglect, exploitation and victimization of various segments of the vulnerable populations, and for affording them protection, is dispersed among several agencies including, but not limited to, the Illinois Departments of Public Health (DPH), Aging (DOA), Human Services (DHS), Children and Family Services (DCFS) and others; and

WHEREAS, These agencies have responsibility for licensure and regulation and/or for investigating abuse, neglect and/or exploitation of different population groups in different settings; and

WHEREAS, The settings in which care may be provided to such vulnerable persons ranges widely and includes, but is not limited to, hospitals, nursing homes, mental health facilities, therapeutic day schools, community placements, supportive housing, non-residential programs, other institutional settings, domestic living situations, and other non-institutional settings in the State of Illinois; and

WHEREAS, Licensing, protective, investigative and reporting schemes in Illinois are fragmented, which results in varying standards of protection, gaps in protection and unequal coverage for different population groups, and a patchwork of requirements (and in some cases an absence of requirements) applicable to various settings in which care for individuals in these groups might be provided; and

WHEREAS, This fragmentation has resulted in disparity of treatment and widespread confusion on the part of the persons being served, victims of abuse and neglect, the general public, caregivers, providers, medical and other staff, and others who might regulate, report, investigate or otherwise deal with abuse, neglect, exploitation or victimization of members of these groups or provide care for members of these groups; and

WHEREAS, The incidences of disparate treatment, of gaps in coverage, of inefficient or ineffective reporting schemes, and of abuse, neglect, exploitation and/or victimization of members of vulnerable population groups have been noted by Equip for Equality, the organization designated to implement the federal Protection and Advocacy system for people with disabilities in Illinois, and other incidences have also been noted by the Guardianship and Advocacy Commission, the Department of Public Health, members of the General Assembly, and others; and

WHEREAS, Equip for Equality has detailed many of the disparities and inefficiencies in a public report entitled "Ensuring the Safety of Children and Adults with Disabilities: Filling the Gaps in Illinois' System that Investigates Allegations of Abuse and Neglect" (2008), together with recommendations for change; and

WHEREAS, Best practices across the nation point toward a unified state scheme for licensure, protection, investigation, reporting, and sanctioning abuse, neglect, exploitation and/or victimization of vulnerable populations; and

WHEREAS, The State of Illinois, as a matter of public policy, should afford its citizens generally, and in particular its most vulnerable citizens, the most effective and efficient means of protection and care; therefore, be it

RESOLVED, BY THE SENATE OF THE NINETY-FIFTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE HOUSE OF REPRESENTATIVES CONCURRING HEREIN, that the Work Group on the Care and Protection of Adults and Children is hereby created, to study and recommend to the General Assembly how Illinois' systems of regulating, licensing, investigating and reporting the treatment and care of such vulnerable adults and children, and of investigating and reporting and otherwise addressing the abuse, neglect, exploitation and/or victimization of adults and children, can be changed to provide a unified, comprehensive, cohesive, and more effective and efficient system that affords the maximum protection for the safety and well-being of vulnerable persons of all ages in all settings of care and/or support; and be it further

RESOLVED, That the Work Group shall consist of 25 members, which shall include: at least one member (or designee) each from the Office of the Attorney General, the Departments of Human Services, Children and Family Services, Aging, State Police, and Public Health, the Office of the Inspector General of DHS, and the Guardianship and Advocacy Commission; at least one member (or designee) from Equip for Equality; and 4 members appointed by the President of the Senate, the Minority Leader of the Senate, the Speaker of the House, and the Minority Leader of the House, with one appointment by each of those leaders from relevant professional associations representing care and support givers, disability and health care advocacy groups, local law enforcement agencies, and the general public; and be it further

RESOLVED, That members of the Work Group not representing State agencies or professional associations may be reimbursed for expenses related to their participation; and be it further

RESOLVED, That the Work Group shall select a chair, and that the State agencies represented on the Work Group shall work cooperatively to provide administrative support, meeting space, research and other necessary assistance for the Work Group, and that the Department of Public Health shall be the primary agency responsible for such support; and be it further

RESOLVED, That the Work Group may conduct public hearings and engage in such other information gathering measures as it deems necessary or desirable; and be it further

RESOLVED, That the Work Group shall develop and report its findings and recommendations, including possible funding sources necessary to implement any recommendations, to the House of Representatives in a final report which shall be filed on or before May 31, 2009.