Bill Status of HB 5132   96th General Assembly

Short Description:  DCFS-DISABLED STUDENTS-ABUSE

House Sponsors
Rep. Roger L. Eddy-Dan Brady-Sandy Cole-Patricia R. Bellock, Daniel V. Beiser and Linda Chapa LaVia

Senate Sponsors
(Sen. Don Harmon-Jacqueline Y. Collins)


Last Action  View All Actions

DateChamber Action
  8/20/2010HousePublic Act . . . . . . . . . 96-1446

Statutes Amended In Order of Appearance
20 ILCS 505/5.31 new
325 ILCS 5/2.01 new
325 ILCS 5/3from Ch. 23, par. 2053

Synopsis As Introduced
Amends the Children and Family Services Act and the Abused and Neglected Child Reporting Act. Requires the Department of Children and Family Services to investigate reports of abuse or neglect of a student with disabilities as it would reports of abuse or neglect of a child. Defines "student with disabilities" to mean a public school student between the ages of 18 and 21 years, inclusive to the day before the student's 22nd birthday, who is identified as having multiple disabilities and who is enrolled in an individualized education program. Effective immediately.

House Floor Amendment No. 1
Deletes reference to:
20 ILCS 505/5.31 new
325 ILCS 5/2.01 new
325 ILCS 5/3
Adds reference to:
20 ILCS 1305/1-17
20 ILCS 2435/35from Ch. 23, par. 3395-35
325 ILCS 5/4.4a new

Replaces everything after the enacting clause. Amends the Department of Human Services Act, the Abuse of Adults with Disabilities Intervention Act, and the Abused and Neglected Child Reporting Act. Provides that the Department of Human Services' Office of the Inspector General is created to investigate and report upon allegations of the abuse, neglect, or financial exploitation of individuals receiving services within mental health facilities, developmental disabilities facilities, and community agencies operated, licensed, funded, or certified by the Department of Human Services or by any other State agency (rather than, report upon allegations of the abuse, neglect, or financial exploitation of individuals receiving services within mental health facilities, developmental disabilities facilities, and community agencies operated, licensed, funded, or certified by the Department of Human Services, but not licensed or certified by any other State agency). Changes the definitions of "agency" and "facility" as used in the Department of Human Services Act. Eliminates language providing that the Inspector General shall not conduct an investigation within an agency or facility if that investigation would be redundant to or interfere with an investigation conducted by another State agency. Eliminates language concerning the Inspector General's rulemaking authority. Provides that, in addition to other specified persons, the Inspector General must disclose the finding of its investigation to the licensing entity, if any, of the facility involved. Requires the Adults with Disabilities Abuse Project to initiate the investigation of a report of alleged or suspected abuse, neglect, or financial exploitation within 24 hours of receiving the report. Requires the Department of Children and Family Services to provides the toll-free telephone number maintained by the Department of Human Services' Office of the Inspector General to any person who makes a report of suspected abuse, neglect, or financial exploitation of a disabled adult person between the ages of 18 and 59.

Senate Committee Amendment No. 1
Adds reference to:
325 ILCS 5/2from Ch. 23, par. 2052
325 ILCS 5/3from Ch. 23, par. 2053
325 ILCS 5/7.3from Ch. 23, par. 2057.3
325 ILCS 5/7.7from Ch. 23, par. 2057.7
325 ILCS 5/4from Ch. 23, par. 2054
325 ILCS 5/7from Ch. 23, par. 2057
325 ILCS 5/7.4from Ch. 23, par. 2057.4
325 ILCS 5/7.10from Ch. 23, par. 2057.10
325 ILCS 5/7.14from Ch. 23, par. 2057.14
325 ILCS 5/8.1from Ch. 23, par. 2058.1
325 ILCS 5/8.5from Ch. 23, par. 2058.5
325 ILCS 5/9from Ch. 23, par. 2059
325 ILCS 5/9.1from Ch. 23, par. 2059.1
325 ILCS 5/11from Ch. 23, par. 2061

Replaces everything after the enacting clause. Reinserts similar provisions, but with the following additions: Adds provisions providing that the Department of Human Services' Office of the Inspector General shall have the authority to investigate and report allegations of abuse or neglect of persons with a developmental disability or adult students with disabilities. Contains provisions concerning reporting allegations of abuse; reporting criminal acts; investigation reports; disclosures; sanctions; and other matters. Provides that the Department of Children and Family Services shall be responsible for receiving and investigating reports of adult resident abuse or neglect. Defines "adult resident" and other terms. Effective immediately.

Senate Floor Amendment No. 2
Deletes reference to:
20 ILCS 2435/35from Ch. 23, par. 3395-35

In regards to mental health facilities, developmental disability facilities, and community agencies operated, licensed, funded, or certified by the Department of Human Services, restores language providing that the Department of Human Services' Office of the Inspector General (the Inspector General) shall not conduct an investigation within an agency or facility if that investigation would be redundant to or interfere with an investigation conducted by another State agency. Restores language concerning the Inspector General's rulemaking authority. Adds provisions concerning the Inspector General's reporting and investigation of abuse allegations involving an adult student with a disability. Defines the term "adult student with a disability" and makes changes to other defined terms. Restores language providing that the Inspector General shall disclose the finding of an investigation to (i) the Governor, (ii) the Secretary, (iii) the director of the facility or agency, (iv) the alleged victims and their guardians, (v) the complainant, and (vi) the accused. Eliminates provisions providing that the Inspector General shall have the authority to investigate and report allegations of abuse or neglect of clients with developmental disabilities. Eliminates language providing that the Adults with Disabilities Abuse Project shall, upon receiving a report of alleged or suspected abuse, neglect, or financial exploitation, initiate the investigation within 24 hours of receiving the report. Makes other changes.

Actions 
DateChamber Action
  1/27/2010HouseFiled with the Clerk by Rep. Roger L. Eddy
  1/29/2010HouseFirst Reading
  1/29/2010HouseReferred to Rules Committee
  2/3/2010HouseAssigned to Human Services Committee
  2/19/2010HouseAdded Co-Sponsor Rep. Daniel V. Beiser
  2/19/2010HouseAdded Co-Sponsor Rep. Linda Chapa LaVia
  3/10/2010HouseDo Pass / Short Debate Human Services Committee; 007-000-000
  3/10/2010HousePlaced on Calendar 2nd Reading - Short Debate
  3/12/2010HouseHouse Floor Amendment No. 1 Filed with Clerk by Rep. Roger L. Eddy
  3/12/2010HouseHouse Floor Amendment No. 1 Referred to Rules Committee
  3/15/2010HouseHouse Floor Amendment No. 1 Rules Refers to Human Services Committee
  3/16/2010HouseFiscal Note Requested by Rep. John A. Fritchey
  3/16/2010HouseState Mandates Fiscal Note Requested by Rep. John A. Fritchey
  3/16/2010HouseHome Rule Note Requested by Rep. John A. Fritchey
  3/17/2010HouseHouse Floor Amendment No. 1 Recommends Be Adopted Human Services Committee; 007-000-000
  3/17/2010HouseSecond Reading - Short Debate
  3/17/2010HouseHouse Floor Amendment No. 1 Adopted by Voice Vote
  3/17/2010HouseHeld on Calendar Order of Second Reading - Short Debate
  3/17/2010HouseFiscal Note Requested - Withdrawn by Rep. John A. Fritchey
  3/17/2010HouseState Mandates Fiscal Note Requested - Withdrawn by Rep. John A. Fritchey
  3/17/2010HouseHome Rule Note Requested - Withdrawn by Rep. John A. Fritchey
  3/17/2010HousePlaced on Calendar Order of 3rd Reading - Short Debate
  3/18/2010HouseThird Reading - Short Debate - Passed 110-000-000
  3/23/2010SenateArrive in Senate
  3/23/2010SenatePlaced on Calendar Order of First Reading
  3/23/2010SenateChief Senate Sponsor Sen. Don Harmon
  3/23/2010SenateFirst Reading
  3/23/2010SenateReferred to Assignments
  4/6/2010SenateAssigned to Human Services
  4/19/2010SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. Don Harmon
  4/19/2010SenateSenate Committee Amendment No. 1 Referred to Assignments
  4/20/2010SenateSenate Committee Amendment No. 1 Assignments Refers to Human Services
  4/20/2010SenateSenate Committee Amendment No. 1 Adopted
  4/20/2010SenateDo Pass as Amended Human Services; 007-000-000
  4/20/2010SenatePlaced on Calendar Order of 2nd Reading April 21, 2010
  4/23/2010SenateSecond Reading
  4/23/2010SenatePlaced on Calendar Order of 3rd Reading April 27, 2010
  4/29/2010SenateSenate Floor Amendment No. 2 Filed with Secretary by Sen. Don Harmon
  4/29/2010SenateSenate Floor Amendment No. 2 Referred to Assignments
  4/29/2010SenateSenate Floor Amendment No. 2 Assignments Refers to Human Services
  4/29/2010SenateSenate Floor Amendment No. 2 Recommend Do Adopt Human Services; 009-000-000
  5/3/2010SenateAdded as Alternate Chief Co-Sponsor Sen. Jacqueline Y. Collins
  5/4/2010SenateRecalled to Second Reading
  5/4/2010SenateSenate Floor Amendment No. 2 Adopted; Harmon
  5/4/2010SenatePlaced on Calendar Order of 3rd Reading
  5/4/2010SenateThird Reading - Passed; 056-000-000
  5/4/2010HouseArrived in House
  5/4/2010HousePlaced on Calendar Order of Concurrence Senate Amendment(s) 1, 2
  5/4/2010HouseSenate Committee Amendment No. 1 Motion Filed Concur Rep. Roger L. Eddy
  5/4/2010HouseSenate Floor Amendment No. 2 Motion Filed Concur Rep. Roger L. Eddy
  5/4/2010HouseSenate Committee Amendment No. 1 Motion to Concur Referred to Rules Committee
  5/4/2010HouseSenate Floor Amendment No. 2 Motion to Concur Referred to Rules Committee
  5/6/2010HouseSenate Committee Amendment No. 1 Motion to Concur Rules Referred to Human Services Committee
  5/6/2010HouseSenate Floor Amendment No. 2 Motion to Concur Rules Referred to Human Services Committee
  5/7/2010HouseSenate Committee Amendment No. 1 Motion to Concur Recommends Be Adopted Human Services Committee; 007-000-000
  5/7/2010HouseSenate Floor Amendment No. 2 Motion to Concur Recommends Be Adopted Human Services Committee; 007-000-000
  5/7/2010HouseAdded Chief Co-Sponsor Rep. Sandy Cole
  5/7/2010HouseAdded Chief Co-Sponsor Rep. Patricia R. Bellock
  5/26/2010HouseAdded Chief Co-Sponsor Rep. Dan Brady
  5/26/2010HouseSenate Committee Amendment No. 1 House Concurs 111-000-000
  5/26/2010HouseSenate Floor Amendment No. 2 House Concurs 111-000-000
  5/26/2010HousePassed Both Houses
  6/24/2010HouseSent to the Governor
  8/20/2010HouseGovernor Approved
  8/20/2010HouseEffective Date August 20, 2010
  8/20/2010HousePublic Act . . . . . . . . . 96-1446

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