103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB4338

 

Introduced 1/16/2024, by Rep. Michelle Mussman

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends the Adult Protective Services Act. Expands the definition of abuse to include causing any emotional injury to an adult with disabilities aged 18 through 59 or a person aged 60 or older (eligible adults). Provides that, contingent upon adequate funding, the Department on Aging may provide funding for legal assistance for eligible adults. Provides that, for self-neglect cases, the Department shall establish mandatory standards for the provision of emergent casework and follow-up services to mitigate the risk of harm or death to an eligible adult. Provides that, upon receiving a report of self-neglect, a provider agency shall conduct an unannounced face-to-face visit at the residence of the eligible adult to administer an eligibility screening to quickly determine if the eligible adult is posing a substantial threat to himself or herself or to others. Sets forth the process and procedures for eligibility screenings. Provides that if an eligibility screening indicates self-neglect, the provider agency shall develop and implement within 5 business days a case plan for the eligible adult in consultation with any other appropriate provider of services. Requires the Department to establish, by rule, the time period within which an eligibility screening shall begin and within which a service plan shall be implemented. As to all investigations conducted under the Act, requires a provider agency to notify the eligible adult, the alleged abuser, and the reporter of abuse of the agency's final investigative findings. Makes changes to provisions concerning an eligible adult's capacity to consent to an eligibility screening. Changes the minimal number of times the Illinois Fatality Review Team Advisory Council must meet each calendar year. Makes other changes. Repeals a provision permitting the Department to use qualified volunteers to provide companion-type services to eligible adults. Amends the Open Meetings Act. Exempts from the requirements of the Act meetings conducted by the Illinois Fatality Review Team Advisory Council and regional interagency fatality review teams.


LRB103 35332 KTG 65391 b

 

 

A BILL FOR

 

HB4338LRB103 35332 KTG 65391 b

1    AN ACT concerning aging.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. The Opening Meetings Act is amended by changing
5Section 2 as follows:
 
6    (5 ILCS 120/2)  (from Ch. 102, par. 42)
7    Sec. 2. Open meetings.
8    (a) Openness required. All meetings of public bodies shall
9be open to the public unless excepted in subsection (c) and
10closed in accordance with Section 2a.
11    (b) Construction of exceptions. The exceptions contained
12in subsection (c) are in derogation of the requirement that
13public bodies meet in the open, and therefore, the exceptions
14are to be strictly construed, extending only to subjects
15clearly within their scope. The exceptions authorize but do
16not require the holding of a closed meeting to discuss a
17subject included within an enumerated exception.
18    (c) Exceptions. A public body may hold closed meetings to
19consider the following subjects:
20        (1) The appointment, employment, compensation,
21    discipline, performance, or dismissal of specific
22    employees, specific individuals who serve as independent
23    contractors in a park, recreational, or educational

 

 

HB4338- 2 -LRB103 35332 KTG 65391 b

1    setting, or specific volunteers of the public body or
2    legal counsel for the public body, including hearing
3    testimony on a complaint lodged against an employee, a
4    specific individual who serves as an independent
5    contractor in a park, recreational, or educational
6    setting, or a volunteer of the public body or against
7    legal counsel for the public body to determine its
8    validity. However, a meeting to consider an increase in
9    compensation to a specific employee of a public body that
10    is subject to the Local Government Wage Increase
11    Transparency Act may not be closed and shall be open to the
12    public and posted and held in accordance with this Act.
13        (2) Collective negotiating matters between the public
14    body and its employees or their representatives, or
15    deliberations concerning salary schedules for one or more
16    classes of employees.
17        (3) The selection of a person to fill a public office,
18    as defined in this Act, including a vacancy in a public
19    office, when the public body is given power to appoint
20    under law or ordinance, or the discipline, performance or
21    removal of the occupant of a public office, when the
22    public body is given power to remove the occupant under
23    law or ordinance.
24        (4) Evidence or testimony presented in open hearing,
25    or in closed hearing where specifically authorized by law,
26    to a quasi-adjudicative body, as defined in this Act,

 

 

HB4338- 3 -LRB103 35332 KTG 65391 b

1    provided that the body prepares and makes available for
2    public inspection a written decision setting forth its
3    determinative reasoning.
4        (4.5) Evidence or testimony presented to a school
5    board regarding denial of admission to school events or
6    property pursuant to Section 24-24 of the School Code,
7    provided that the school board prepares and makes
8    available for public inspection a written decision setting
9    forth its determinative reasoning.
10        (5) The purchase or lease of real property for the use
11    of the public body, including meetings held for the
12    purpose of discussing whether a particular parcel should
13    be acquired.
14        (6) The setting of a price for sale or lease of
15    property owned by the public body.
16        (7) The sale or purchase of securities, investments,
17    or investment contracts. This exception shall not apply to
18    the investment of assets or income of funds deposited into
19    the Illinois Prepaid Tuition Trust Fund.
20        (8) Security procedures, school building safety and
21    security, and the use of personnel and equipment to
22    respond to an actual, a threatened, or a reasonably
23    potential danger to the safety of employees, students,
24    staff, the public, or public property.
25        (9) Student disciplinary cases.
26        (10) The placement of individual students in special

 

 

HB4338- 4 -LRB103 35332 KTG 65391 b

1    education programs and other matters relating to
2    individual students.
3        (11) Litigation, when an action against, affecting or
4    on behalf of the particular public body has been filed and
5    is pending before a court or administrative tribunal, or
6    when the public body finds that an action is probable or
7    imminent, in which case the basis for the finding shall be
8    recorded and entered into the minutes of the closed
9    meeting.
10        (12) The establishment of reserves or settlement of
11    claims as provided in the Local Governmental and
12    Governmental Employees Tort Immunity Act, if otherwise the
13    disposition of a claim or potential claim might be
14    prejudiced, or the review or discussion of claims, loss or
15    risk management information, records, data, advice or
16    communications from or with respect to any insurer of the
17    public body or any intergovernmental risk management
18    association or self insurance pool of which the public
19    body is a member.
20        (13) Conciliation of complaints of discrimination in
21    the sale or rental of housing, when closed meetings are
22    authorized by the law or ordinance prescribing fair
23    housing practices and creating a commission or
24    administrative agency for their enforcement.
25        (14) Informant sources, the hiring or assignment of
26    undercover personnel or equipment, or ongoing, prior or

 

 

HB4338- 5 -LRB103 35332 KTG 65391 b

1    future criminal investigations, when discussed by a public
2    body with criminal investigatory responsibilities.
3        (15) Professional ethics or performance when
4    considered by an advisory body appointed to advise a
5    licensing or regulatory agency on matters germane to the
6    advisory body's field of competence.
7        (16) Self evaluation, practices and procedures or
8    professional ethics, when meeting with a representative of
9    a statewide association of which the public body is a
10    member.
11        (17) The recruitment, credentialing, discipline or
12    formal peer review of physicians or other health care
13    professionals, or for the discussion of matters protected
14    under the federal Patient Safety and Quality Improvement
15    Act of 2005, and the regulations promulgated thereunder,
16    including 42 C.F.R. Part 3 (73 FR 70732), or the federal
17    Health Insurance Portability and Accountability Act of
18    1996, and the regulations promulgated thereunder,
19    including 45 C.F.R. Parts 160, 162, and 164, by a
20    hospital, or other institution providing medical care,
21    that is operated by the public body.
22        (18) Deliberations for decisions of the Prisoner
23    Review Board.
24        (19) Review or discussion of applications received
25    under the Experimental Organ Transplantation Procedures
26    Act.

 

 

HB4338- 6 -LRB103 35332 KTG 65391 b

1        (20) The classification and discussion of matters
2    classified as confidential or continued confidential by
3    the State Government Suggestion Award Board.
4        (21) Discussion of minutes of meetings lawfully closed
5    under this Act, whether for purposes of approval by the
6    body of the minutes or semi-annual review of the minutes
7    as mandated by Section 2.06.
8        (22) Deliberations for decisions of the State
9    Emergency Medical Services Disciplinary Review Board.
10        (23) The operation by a municipality of a municipal
11    utility or the operation of a municipal power agency or
12    municipal natural gas agency when the discussion involves
13    (i) contracts relating to the purchase, sale, or delivery
14    of electricity or natural gas or (ii) the results or
15    conclusions of load forecast studies.
16        (24) Meetings of a residential health care facility
17    resident sexual assault and death review team or the
18    Executive Council under the Abuse Prevention Review Team
19    Act.
20        (25) Meetings of an independent team of experts under
21    Brian's Law.
22        (26) Meetings of a mortality review team appointed
23    under the Department of Juvenile Justice Mortality Review
24    Team Act.
25        (27) (Blank).
26        (28) Correspondence and records (i) that may not be

 

 

HB4338- 7 -LRB103 35332 KTG 65391 b

1    disclosed under Section 11-9 of the Illinois Public Aid
2    Code or (ii) that pertain to appeals under Section 11-8 of
3    the Illinois Public Aid Code.
4        (29) Meetings between internal or external auditors
5    and governmental audit committees, finance committees, and
6    their equivalents, when the discussion involves internal
7    control weaknesses, identification of potential fraud risk
8    areas, known or suspected frauds, and fraud interviews
9    conducted in accordance with generally accepted auditing
10    standards of the United States of America.
11        (30) Those meetings or portions of meetings of a
12    fatality review team or the Illinois Fatality Review Team
13    Advisory Council during which a review of the death of an
14    eligible adult in which abuse or neglect is suspected,
15    alleged, or substantiated is conducted pursuant to Section
16    15 of the Adult Protective Services Act.
17        (31) Meetings and deliberations for decisions of the
18    Concealed Carry Licensing Review Board under the Firearm
19    Concealed Carry Act.
20        (32) Meetings between the Regional Transportation
21    Authority Board and its Service Boards when the discussion
22    involves review by the Regional Transportation Authority
23    Board of employment contracts under Section 28d of the
24    Metropolitan Transit Authority Act and Sections 3A.18 and
25    3B.26 of the Regional Transportation Authority Act.
26        (33) Those meetings or portions of meetings of the

 

 

HB4338- 8 -LRB103 35332 KTG 65391 b

1    advisory committee and peer review subcommittee created
2    under Section 320 of the Illinois Controlled Substances
3    Act during which specific controlled substance prescriber,
4    dispenser, or patient information is discussed.
5        (34) Meetings of the Tax Increment Financing Reform
6    Task Force under Section 2505-800 of the Department of
7    Revenue Law of the Civil Administrative Code of Illinois.
8        (35) Meetings of the group established to discuss
9    Medicaid capitation rates under Section 5-30.8 of the
10    Illinois Public Aid Code.
11        (36) Those deliberations or portions of deliberations
12    for decisions of the Illinois Gaming Board in which there
13    is discussed any of the following: (i) personal,
14    commercial, financial, or other information obtained from
15    any source that is privileged, proprietary, confidential,
16    or a trade secret; or (ii) information specifically
17    exempted from the disclosure by federal or State law.
18        (37) Deliberations for decisions of the Illinois Law
19    Enforcement Training Standards Board, the Certification
20    Review Panel, and the Illinois State Police Merit Board
21    regarding certification and decertification.
22        (38) Meetings of the Ad Hoc Statewide Domestic
23    Violence Fatality Review Committee of the Illinois
24    Criminal Justice Information Authority Board that occur in
25    closed executive session under subsection (d) of Section
26    35 of the Domestic Violence Fatality Review Act.

 

 

HB4338- 9 -LRB103 35332 KTG 65391 b

1        (39) Meetings of the regional review teams under
2    subsection (a) of Section 75 of the Domestic Violence
3    Fatality Review Act.
4        (40) Meetings of the Firearm Owner's Identification
5    Card Review Board under Section 10 of the Firearm Owners
6    Identification Card Act.
7        (41) Meetings of the Illinois Fatality Review Team
8    Advisory Council and regional interagency fatality review
9    teams under Section 15 of the Adult Protective Services
10    Act.
11    (d) Definitions. For purposes of this Section:
12    "Employee" means a person employed by a public body whose
13relationship with the public body constitutes an
14employer-employee relationship under the usual common law
15rules, and who is not an independent contractor.
16    "Public office" means a position created by or under the
17Constitution or laws of this State, the occupant of which is
18charged with the exercise of some portion of the sovereign
19power of this State. The term "public office" shall include
20members of the public body, but it shall not include
21organizational positions filled by members thereof, whether
22established by law or by a public body itself, that exist to
23assist the body in the conduct of its business.
24    "Quasi-adjudicative body" means an administrative body
25charged by law or ordinance with the responsibility to conduct
26hearings, receive evidence or testimony and make

 

 

HB4338- 10 -LRB103 35332 KTG 65391 b

1determinations based thereon, but does not include local
2electoral boards when such bodies are considering petition
3challenges.
4    (e) Final action. No final action may be taken at a closed
5meeting. Final action shall be preceded by a public recital of
6the nature of the matter being considered and other
7information that will inform the public of the business being
8conducted.
9(Source: P.A. 102-237, eff. 1-1-22; 102-520, eff. 8-20-21;
10102-558, eff. 8-20-21; 102-813, eff. 5-13-22; 103-311, eff.
117-28-23.)
 
12    Section 5. The Adult Protective Services Act is amended by
13changing Sections 2, 3, 3.1, 3.5, 4, 5, 6, 7, 7.1, 9, and 15
14and by adding Section 5.1 as follows:
 
15    (320 ILCS 20/2)  (from Ch. 23, par. 6602)
16    Sec. 2. Definitions. As used in this Act, unless the
17context requires otherwise:
18    (a) "Abandonment" means the desertion or willful forsaking
19of an eligible adult by an individual responsible for the care
20and custody of that eligible adult under circumstances in
21which a reasonable person would continue to provide care and
22custody. Nothing in this Act shall be construed to mean that an
23eligible adult is a victim of abandonment because of health
24care services provided or not provided by licensed health care

 

 

HB4338- 11 -LRB103 35332 KTG 65391 b

1professionals.
2    (a-1) "Abuse" means causing any physical, mental,
3emotional, or sexual injury to an eligible adult, including
4exploitation of such adult's financial resources, and
5abandonment.
6    Nothing in this Act shall be construed to mean that an
7eligible adult is a victim of abuse, abandonment, neglect, or
8self-neglect for the sole reason that he or she is being
9furnished with or relies upon treatment by spiritual means
10through prayer alone, in accordance with the tenets and
11practices of a recognized church or religious denomination.
12    Nothing in this Act shall be construed to mean that an
13eligible adult is a victim of abuse because of health care
14services provided or not provided by licensed health care
15professionals.
16    Nothing in this Act shall be construed to mean that an
17eligible adult is a victim of abuse in cases of criminal
18activity by strangers, telemarketing scams, consumer fraud,
19internet fraud, home repair disputes, complaints against a
20homeowners' association, or complaints between landlords and
21tenants.
22    (a-5) "Abuser" means a person who is a family member,
23caregiver, or another person who has a continuing relationship
24with the eligible adult and abuses, abandons, neglects, or
25financially exploits an eligible adult.
26    (a-6) "Adult with disabilities" means a person aged 18

 

 

HB4338- 12 -LRB103 35332 KTG 65391 b

1through 59 who resides in a domestic living situation and
2whose disability as defined in subsection (c-5) impairs his or
3her ability to seek or obtain protection from abuse,
4abandonment, neglect, or exploitation.
5    (a-7) "Caregiver" means a person who either as a result of
6a family relationship, voluntarily, or in exchange for
7compensation has assumed responsibility for all or a portion
8of the care of an eligible adult who needs assistance with
9activities of daily living or instrumental activities of daily
10living.
11    (b) "Department" means the Department on Aging of the
12State of Illinois.
13    (c) "Director" means the Director of the Department.
14    (c-5) "Disability" means a physical or mental disability,
15including, but not limited to, a developmental disability, an
16intellectual disability, a mental illness as defined under the
17Mental Health and Developmental Disabilities Code, or dementia
18as defined under the Alzheimer's Disease Assistance Act.
19    (d) "Domestic living situation" means a residence where
20the eligible adult at the time of the report lives alone or
21with his or her family or a caregiver, or others, or other
22community-based unlicensed facility, but is not:
23        (1) A licensed facility as defined in Section 1-113 of
24    the Nursing Home Care Act;
25        (1.5) A facility licensed under the ID/DD Community
26    Care Act;

 

 

HB4338- 13 -LRB103 35332 KTG 65391 b

1        (1.6) A facility licensed under the MC/DD Act;
2        (1.7) A facility licensed under the Specialized Mental
3    Health Rehabilitation Act of 2013;
4        (2) A "life care facility" as defined in the Life Care
5    Facilities Act;
6        (3) A home, institution, or other place operated by
7    the federal government or agency thereof or by the State
8    of Illinois;
9        (4) A hospital, sanitarium, or other institution, the
10    principal activity or business of which is the diagnosis,
11    care, and treatment of human illness through the
12    maintenance and operation of organized facilities
13    therefor, which is required to be licensed under the
14    Hospital Licensing Act;
15        (5) A "community living facility" as defined in the
16    Community Living Facilities Licensing Act;
17        (6) (Blank);
18        (7) A "community-integrated living arrangement" as
19    defined in the Community-Integrated Living Arrangements
20    Licensure and Certification Act or a "community
21    residential alternative" as licensed under that Act;
22        (8) An assisted living or shared housing establishment
23    as defined in the Assisted Living and Shared Housing Act;
24    or
25        (9) A supportive living facility as described in
26    Section 5-5.01a of the Illinois Public Aid Code.

 

 

HB4338- 14 -LRB103 35332 KTG 65391 b

1    (e) "Eligible adult" means either an adult with
2disabilities aged 18 through 59 or a person aged 60 or older
3who resides in a domestic living situation and is, or is
4alleged to be, abused, abandoned, neglected, or financially
5exploited by another individual or who neglects himself or
6herself. "Eligible adult" also includes an adult who resides
7in any of the facilities that are excluded from the definition
8of "domestic living situation" under paragraphs (1) through
9(9) of subsection (d), if either: (i) the alleged abuse,
10abandonment, or neglect occurs outside of the facility and not
11under facility supervision and the alleged abuser is a family
12member, caregiver, or another person who has a continuing
13relationship with the adult; or (ii) the alleged financial
14exploitation is perpetrated by a family member, caregiver, or
15another person who has a continuing relationship with the
16adult, but who is not an employee of the facility where the
17adult resides.
18    (f) "Emergency" means a situation in which an eligible
19adult is living in conditions presenting a risk of death or
20physical, mental or sexual injury and the provider agency has
21reason to believe the eligible adult is unable to consent to
22services which would alleviate that risk.
23    (f-1) "Financial exploitation" means the use of an
24eligible adult's resources by another to the disadvantage of
25that adult or the profit or advantage of a person other than
26that adult.

 

 

HB4338- 15 -LRB103 35332 KTG 65391 b

1    (f-3) "Investment advisor" means any person required to
2register as an investment adviser or investment adviser
3representative under Section 8 of the Illinois Securities Law
4of 1953, which for purposes of this Act excludes any bank,
5trust company, savings bank, or credit union, or their
6respective employees.
7    (f-5) "Mandated reporter" means any of the following
8persons while engaged in carrying out their professional
9duties:
10        (1) a professional or professional's delegate while
11    engaged in: (i) social services, (ii) law enforcement,
12    (iii) education, (iv) the care of an eligible adult or
13    eligible adults, or (v) any of the occupations required to
14    be licensed under the Behavior Analyst Licensing Act, the
15    Clinical Psychologist Licensing Act, the Clinical Social
16    Work and Social Work Practice Act, the Illinois Dental
17    Practice Act, the Dietitian Nutritionist Practice Act, the
18    Marriage and Family Therapy Licensing Act, the Medical
19    Practice Act of 1987, the Naprapathic Practice Act, the
20    Nurse Practice Act, the Nursing Home Administrators
21    Licensing and Disciplinary Act, the Illinois Occupational
22    Therapy Practice Act, the Illinois Optometric Practice Act
23    of 1987, the Pharmacy Practice Act, the Illinois Physical
24    Therapy Act, the Physician Assistant Practice Act of 1987,
25    the Podiatric Medical Practice Act of 1987, the
26    Respiratory Care Practice Act, the Professional Counselor

 

 

HB4338- 16 -LRB103 35332 KTG 65391 b

1    and Clinical Professional Counselor Licensing and Practice
2    Act, the Illinois Speech-Language Pathology and Audiology
3    Practice Act, the Veterinary Medicine and Surgery Practice
4    Act of 2004, and the Illinois Public Accounting Act;
5        (1.5) an employee of an entity providing developmental
6    disabilities services or service coordination funded by
7    the Department of Human Services;
8        (2) an employee of a vocational rehabilitation
9    facility prescribed or supervised by the Department of
10    Human Services;
11        (3) an administrator, employee, or person providing
12    services in or through an unlicensed community based
13    facility;
14        (4) any religious practitioner who provides treatment
15    by prayer or spiritual means alone in accordance with the
16    tenets and practices of a recognized church or religious
17    denomination, except as to information received in any
18    confession or sacred communication enjoined by the
19    discipline of the religious denomination to be held
20    confidential;
21        (5) field personnel of the Department of Healthcare
22    and Family Services, Department of Public Health, and
23    Department of Human Services, and any county or municipal
24    health department;
25        (6) personnel of the Department of Human Services, the
26    Guardianship and Advocacy Commission, the State Fire

 

 

HB4338- 17 -LRB103 35332 KTG 65391 b

1    Marshal, local fire departments, the Department on Aging
2    and its subsidiary Area Agencies on Aging and provider
3    agencies, except the State Long Term Care Ombudsman and
4    any of his or her representatives or volunteers where
5    prohibited from making such a report pursuant to 45 CFR
6    1324.11(e)(3)(iv);
7        (7) any employee of the State of Illinois not
8    otherwise specified herein who is involved in providing
9    services to eligible adults, including professionals
10    providing medical or rehabilitation services and all other
11    persons having direct contact with eligible adults;
12        (8) a person who performs the duties of a coroner or
13    medical examiner;
14        (9) a person who performs the duties of a paramedic or
15    an emergency medical technician; or
16        (10) a person who performs the duties of an investment
17    advisor.
18    (g) "Neglect" means another individual's failure to
19provide an eligible adult with or willful withholding from an
20eligible adult the necessities of life including, but not
21limited to, food, clothing, shelter or health care. This
22subsection does not create any new affirmative duty to provide
23support to eligible adults. Nothing in this Act shall be
24construed to mean that an eligible adult is a victim of neglect
25because of health care services provided or not provided by
26licensed health care professionals.

 

 

HB4338- 18 -LRB103 35332 KTG 65391 b

1    (h) "Provider agency" means any public or nonprofit agency
2in a planning and service area that is selected by the
3Department or appointed by the regional administrative agency
4with prior approval by the Department on Aging to receive and
5assess reports of alleged or suspected abuse, abandonment,
6neglect, or financial exploitation. A provider agency is also
7referenced as a "designated agency" in this Act.
8    (i) "Regional administrative agency" means any public or
9nonprofit agency in a planning and service area that provides
10regional oversight and performs functions as set forth in
11subsection (b) of Section 3 of this Act. The Department shall
12designate an Area Agency on Aging as the regional
13administrative agency or, in the event the Area Agency on
14Aging in that planning and service area is deemed by the
15Department to be unwilling or unable to provide those
16functions, the Department may serve as the regional
17administrative agency or designate another qualified entity to
18serve as the regional administrative agency; any such
19designation shall be subject to terms set forth by the
20Department.
21    (i-5) "Self-neglect" means a condition that is the result
22of an eligible adult's inability, due to physical or mental
23impairments, or both, or a diminished capacity, to perform
24essential self-care tasks that substantially threaten his or
25her own health, including: providing essential food, clothing,
26shelter, and health care; and obtaining goods and services

 

 

HB4338- 19 -LRB103 35332 KTG 65391 b

1necessary to maintain physical health, mental health,
2emotional well-being, and general safety. The term includes
3compulsive hoarding, which is characterized by the acquisition
4and retention of large quantities of items and materials that
5produce an extensively cluttered living space, which
6significantly impairs the performance of essential self-care
7tasks or otherwise substantially threatens life or safety.
8    (j) "Substantiated case" means a reported case of alleged
9or suspected abuse, abandonment, neglect, financial
10exploitation, or self-neglect in which a provider agency,
11after assessment, determines that there is reason to believe
12abuse, abandonment, neglect, or financial exploitation has
13occurred.
14    (k) "Verified" means a determination that there is "clear
15and convincing evidence" that the specific injury or harm
16alleged was the result of abuse, abandonment, neglect, or
17financial exploitation.
18(Source: P.A. 102-244, eff. 1-1-22; 102-953, eff. 5-27-22;
19103-329, eff. 1-1-24.)
 
20    (320 ILCS 20/3)  (from Ch. 23, par. 6603)
21    Sec. 3. Responsibilities.
22    (a) The Department shall establish, design, and manage a
23protective services program for eligible adults who have been,
24or are alleged to be, victims of abuse, abandonment, neglect,
25financial exploitation, or self-neglect. The Department may

 

 

HB4338- 20 -LRB103 35332 KTG 65391 b

1develop policies and procedures to effectively administer all
2aspects of the program defined in this Act. The Department
3shall contract with or fund, or contract with and fund,
4regional administrative agencies, provider agencies, or both,
5for the provision of those functions, and, contingent on
6adequate funding, with attorneys or legal services provider
7agencies for the provision of legal assistance pursuant to
8this Act. Contingent upon adequate funding, the Department, at
9its discretion, may provide funding for legal assistance for
10eligible adults. For self-neglect, the program shall include
11the following services for eligible adults who have been
12removed from their residences for the purpose of cleanup or
13repairs: temporary housing; counseling; and caseworker
14services to try to ensure that the conditions necessitating
15the removal do not reoccur.
16    (a-1) The Department shall by rule develop standards for
17minimum staffing levels and staff qualifications. The
18Department shall by rule establish mandatory standards for the
19investigation of abuse, abandonment, neglect, and financial
20exploitation, or self-neglect of eligible adults and mandatory
21procedures for linking eligible adults to appropriate services
22and supports. For self-neglect, the Department shall establish
23mandatory standards for the provision of emergent casework and
24follow-up services to mitigate the risk of harm or death to the
25eligible adult.
26    (a-5) A provider agency shall, in accordance with rules

 

 

HB4338- 21 -LRB103 35332 KTG 65391 b

1promulgated by the Department, establish a multi-disciplinary
2team to act in an advisory role for the purpose of providing
3professional knowledge and expertise in the handling of
4complex abuse cases involving eligible adults. Each
5multi-disciplinary team shall consist of one volunteer
6representative from the following professions: banking or
7finance; disability care; health care; law; law enforcement;
8mental health care; and clergy. A provider agency may also
9choose to add representatives from the fields of substance
10abuse, domestic violence, sexual assault, or other related
11fields. To support multi-disciplinary teams in this role, law
12enforcement agencies and coroners or medical examiners shall
13supply records as may be requested in particular cases. A
14multi-disciplinary team shall meet on an as-needed basis
15whenever a case received by the provider agency requires
16consultation of the multi-disciplinary team.
17    (b) Each regional administrative agency shall designate
18provider agencies within its planning and service area with
19prior approval by the Department on Aging, monitor the use of
20services, provide technical assistance to the provider
21agencies and be involved in program development activities.
22    (c) Provider agencies shall assist, to the extent
23possible, eligible adults who need agency services to allow
24them to continue to function independently. Such assistance
25shall include, but not be limited to, receiving reports of
26alleged or suspected abuse, abandonment, neglect, financial

 

 

HB4338- 22 -LRB103 35332 KTG 65391 b

1exploitation, or self-neglect, conducting face-to-face
2assessments of such reported cases, determination of
3substantiated cases, referral of substantiated cases for
4necessary support services, referral of criminal conduct to
5law enforcement in accordance with Department guidelines, and
6provision of case work and follow-up services on substantiated
7cases. In the case of a report of alleged or suspected abuse,
8abandonment, or neglect that places an eligible adult at risk
9of injury or death, a provider agency shall respond to the
10report on an emergency basis in accordance with guidelines
11established by the Department by administrative rule and shall
12ensure that it is capable of responding to such a report 24
13hours per day, 7 days per week. A provider agency may use an
14on-call system to respond to reports of alleged or suspected
15abuse, abandonment, or neglect after hours and on weekends.
16    (c-5) Where a provider agency has reason to believe that
17the death of an eligible adult may be the result of abuse,
18abandonment, or neglect, including any reports made after
19death, the agency shall immediately report the matter to both
20the appropriate law enforcement agency and the coroner or
21medical examiner. Between 30 and 45 days after making such a
22report, the provider agency again shall contact the law
23enforcement agency and coroner or medical examiner to
24determine whether any further action was taken. Upon request
25by a provider agency, a law enforcement agency and coroner or
26medical examiner shall supply a summary of its action in

 

 

HB4338- 23 -LRB103 35332 KTG 65391 b

1response to a reported death of an eligible adult. A copy of
2the report shall be maintained and all subsequent follow-up
3with the law enforcement agency and coroner or medical
4examiner shall be documented in the case record of the
5eligible adult. If the law enforcement agency, coroner, or
6medical examiner determines the reported death was caused by
7abuse, abandonment, or neglect by a caregiver, the law
8enforcement agency, coroner, or medical examiner shall inform
9the Department, and the Department shall report the
10caregiver's identity on the Registry as described in Section
117.5 of this Act.
12    (d) (Blank). Upon sufficient appropriations to implement a
13statewide program, the Department shall implement a program,
14based on the recommendations of the Self-Neglect Steering
15Committee, for (i) responding to reports of possible
16self-neglect, (ii) protecting the autonomy, rights, privacy,
17and privileges of adults during investigations of possible
18self-neglect and consequential judicial proceedings regarding
19competency, (iii) collecting and sharing relevant information
20and data among the Department, provider agencies, regional
21administrative agencies, and relevant seniors, (iv) developing
22working agreements between provider agencies and law
23enforcement, where practicable, and (v) developing procedures
24for collecting data regarding incidents of self-neglect.
25(Source: P.A. 102-244, eff. 1-1-22.)
 

 

 

HB4338- 24 -LRB103 35332 KTG 65391 b

1    (320 ILCS 20/3.1)
2    Sec. 3.1. Adult protective services dementia training.
3    (a) This Section shall apply to any person who is employed
4by the Department in the Adult Protective Services division,
5or is contracted with the Department, and works on the
6development or implementation of social services to respond to
7and prevent adult abuse, neglect, or exploitation.
8    (b) The Department shall implement a dementia training
9program that must include instruction on the identification of
10people with dementia, risks such as wandering, communication
11impairments, and elder abuse, and the best practices for
12interacting with people with dementia.
13    (c) Training of at least 2 hours shall be completed at the
14start of employment with the Adult Protective Services
15division. Persons who are employees of the Adult Protective
16Services division on the effective date of this amendatory Act
17of the 102nd General Assembly shall complete this training
18within 6 months after the effective date of this amendatory
19Act of the 102nd General Assembly. The training shall cover
20the following subjects:
21        (1) Alzheimer's disease and dementia.
22        (2) Safety risks.
23        (3) Communication and behavior.
24    (d) Annual continuing education shall include at least 2
25hours of dementia training covering the subjects described in
26subsection (c).

 

 

HB4338- 25 -LRB103 35332 KTG 65391 b

1    (e) This Section is designed to address gaps in current
2dementia training requirements for Adult Protective Services
3officials and improve the quality of training. If laws or
4rules existing on the effective date of this amendatory Act of
5the 102nd General Assembly contain more rigorous training
6requirements for Adult Protective Service officials, those
7laws or rules shall apply. Where there is overlap between this
8Section and other laws and rules, the Department shall
9interpret this Section to avoid duplication of requirements
10while ensuring that the minimum requirements set in this
11Section are met.
12    (f) The Department may adopt rules for the administration
13of this Section.
14(Source: P.A. 102-4, eff. 4-27-21.)
 
15    (320 ILCS 20/3.5)
16    Sec. 3.5. Other responsibilities. The Department shall
17also be responsible for the following activities, contingent
18upon adequate funding; implementation shall be expanded to
19adults with disabilities upon the effective date of this
20amendatory Act of the 98th General Assembly, except those
21responsibilities under subsection (a), which shall be
22undertaken as soon as practicable:
23        (a) promotion of a wide range of endeavors for the
24    purpose of preventing abuse, abandonment, neglect,
25    financial exploitation, and self-neglect, including, but

 

 

HB4338- 26 -LRB103 35332 KTG 65391 b

1    not limited to, promotion of public and professional
2    education to increase awareness of abuse, abandonment,
3    neglect, financial exploitation, and self-neglect; to
4    increase reports; to establish access to and use of the
5    Registry established under Section 7.5; and to improve
6    response by various legal, financial, social, and health
7    systems;
8        (b) coordination of efforts with other agencies,
9    councils, and like entities, to include but not be limited
10    to, the Administrative Office of the Illinois Courts, the
11    Office of the Attorney General, the Illinois State Police,
12    the Illinois Law Enforcement Training Standards Board, the
13    State Triad, the Illinois Criminal Justice Information
14    Authority, the Departments of Public Health, Healthcare
15    and Family Services, and Human Services, the Illinois
16    Guardianship and Advocacy Commission, the Family Violence
17    Coordinating Council, the Illinois Violence Prevention
18    Authority, and other entities which may impact awareness
19    of, and response to, abuse, abandonment, neglect,
20    financial exploitation, and self-neglect;
21        (c) collection and analysis of data;
22        (d) monitoring of the performance of regional
23    administrative agencies and adult protective services
24    agencies;
25        (e) promotion of prevention activities;
26        (f) establishing and coordinating an aggressive

 

 

HB4338- 27 -LRB103 35332 KTG 65391 b

1    training program on the unique nature of adult abuse cases
2    with other agencies, councils, and like entities, to
3    include but not be limited to the Office of the Attorney
4    General, the Illinois State Police, the Illinois Law
5    Enforcement Training Standards Board, the State Triad, the
6    Illinois Criminal Justice Information Authority, the State
7    Departments of Public Health, Healthcare and Family
8    Services, and Human Services, the Family Violence
9    Coordinating Council, the Illinois Violence Prevention
10    Authority, the agency designated by the Governor under
11    Section 1 of the Protection and Advocacy for Persons with
12    Developmental Disabilities Act, and other entities that
13    may impact awareness of and response to abuse,
14    abandonment, neglect, financial exploitation, and
15    self-neglect;
16        (g) solicitation of financial institutions for the
17    purpose of making information available to the general
18    public warning of financial exploitation of adults and
19    related financial fraud or abuse, including such
20    information and warnings available through signage or
21    other written materials provided by the Department on the
22    premises of such financial institutions, provided that the
23    manner of displaying or distributing such information is
24    subject to the sole discretion of each financial
25    institution; and
26        (g-1) developing by joint rulemaking with the

 

 

HB4338- 28 -LRB103 35332 KTG 65391 b

1    Department of Financial and Professional Regulation
2    minimum training standards which shall be used by
3    financial institutions for their current and new employees
4    with direct customer contact; the Department of Financial
5    and Professional Regulation shall retain sole visitation
6    and enforcement authority under this subsection (g-1); the
7    Department of Financial and Professional Regulation shall
8    provide bi-annual reports to the Department setting forth
9    aggregate statistics on the training programs required
10    under this subsection (g-1). ; and
11        (h) coordinating efforts with utility and electric
12    companies to send notices in utility bills to explain to
13    persons 60 years of age or older their rights regarding
14    telemarketing and home repair fraud.
15(Source: P.A. 102-244, eff. 1-1-22; 102-538, eff. 8-20-21;
16102-813, eff. 5-13-22.)
 
17    (320 ILCS 20/4)  (from Ch. 23, par. 6604)
18    Sec. 4. Reports of abuse, abandonment, or neglect.
19    (a) Any person who suspects the abuse, abandonment,
20neglect, financial exploitation, or self-neglect of an
21eligible adult may report this suspicion or information about
22the suspicious death of an eligible adult to an agency
23designated to receive such reports under this Act or to the
24Department.
25    (a-5) If any mandated reporter has reason to believe that

 

 

HB4338- 29 -LRB103 35332 KTG 65391 b

1an eligible adult, who because of a disability or other
2condition or impairment is unable to seek assistance for
3himself or herself, has, within the previous 12 months, been
4subjected to abuse, abandonment, neglect, or financial
5exploitation, the mandated reporter shall, within 24 hours
6after developing such belief, report this suspicion to an
7agency designated to receive such reports under this Act or to
8the Department. The agency designated to receive such reports
9under this Act or the Department may establish a manner in
10which a mandated reporter can make the required report through
11an Internet reporting tool. Information sent and received
12through the Internet reporting tool is subject to the same
13rules in this Act as other types of confidential reporting
14established by the designated agency or the Department.
15Whenever a mandated reporter is required to report under this
16Act in his or her capacity as a member of the staff of a
17medical or other public or private institution, facility, or
18agency, he or she shall make a report to an agency designated
19to receive such reports under this Act or to the Department in
20accordance with the provisions of this Act and may also notify
21the person in charge of the institution, facility, or agency
22or his or her designated agent that the report has been made.
23Under no circumstances shall any person in charge of such
24institution, facility, or agency, or his or her designated
25agent to whom the notification has been made, exercise any
26control, restraint, modification, or other change in the

 

 

HB4338- 30 -LRB103 35332 KTG 65391 b

1report or the forwarding of the report to an agency designated
2to receive such reports under this Act or to the Department.
3The privileged quality of communication between any
4professional person required to report and his or her patient
5or client shall not apply to situations involving abused,
6abandoned, neglected, or financially exploited eligible adults
7and shall not constitute grounds for failure to report as
8required by this Act.
9    (a-6) If a mandated reporter has reason to believe that
10the death of an eligible adult may be the result of abuse or
11neglect, the matter shall be reported to an agency designated
12to receive such reports under this Act or to the Department for
13subsequent referral to the appropriate law enforcement agency
14and the coroner or medical examiner in accordance with
15subsection (c-5) of Section 3 of this Act.
16    (a-7) A person making a report under this Act in the belief
17that it is in the alleged victim's best interest shall be
18immune from criminal or civil liability or professional
19disciplinary action on account of making the report,
20notwithstanding any requirements concerning the
21confidentiality of information with respect to such eligible
22adult which might otherwise be applicable.
23    (a-9) Law enforcement officers shall continue to report
24incidents of alleged abuse pursuant to the Illinois Domestic
25Violence Act of 1986, notwithstanding any requirements under
26this Act.

 

 

HB4338- 31 -LRB103 35332 KTG 65391 b

1    (b) Any person, institution or agency participating in the
2making of a report, providing information or records related
3to a report, assessment, or services, or participating in the
4investigation of a report under this Act in good faith, or
5taking photographs or x-rays as a result of an authorized
6assessment, shall have immunity from any civil, criminal or
7other liability in any civil, criminal or other proceeding
8brought in consequence of making such report or assessment or
9on account of submitting or otherwise disclosing such
10photographs or x-rays to any agency designated to receive
11reports of alleged or suspected abuse, abandonment, or
12neglect. Any person, institution or agency authorized by the
13Department to provide assessment, intervention, or
14administrative services under this Act shall, in the good
15faith performance of those services, have immunity from any
16civil, criminal or other liability in any civil, criminal, or
17other proceeding brought as a consequence of the performance
18of those services. For the purposes of any civil, criminal, or
19other proceeding, the good faith of any person required to
20report, permitted to report, or participating in an
21investigation of a report of alleged or suspected abuse,
22abandonment, neglect, financial exploitation, or self-neglect
23shall be presumed.
24    (c) The identity of a person making a report of alleged or
25suspected abuse, abandonment, neglect, financial exploitation,
26or self-neglect or a report concerning information about the

 

 

HB4338- 32 -LRB103 35332 KTG 65391 b

1suspicious death of an eligible adult under this Act may be
2disclosed by the Department or other agency provided for in
3this Act only with such person's written consent or by court
4order, but is otherwise confidential.
5    (d) The Department shall by rule establish a system for
6filing and compiling reports made under this Act.
7    (e) Any physician who willfully fails to report as
8required by this Act shall be referred to the Illinois State
9Medical Disciplinary Board for action in accordance with
10subdivision (A)(22) of Section 22 of the Medical Practice Act
11of 1987. Any dentist or dental hygienist who willfully fails
12to report as required by this Act shall be referred to the
13Department of Financial and Professional Regulation for
14possible disciplinary action in accordance with paragraph 19
15of Section 23 of the Illinois Dental Practice Act. Any
16optometrist who willfully fails to report as required by this
17Act shall be referred to the Department of Financial and
18Professional Regulation for action in accordance with
19paragraph (15) of subsection (a) of Section 24 of the Illinois
20Optometric Practice Act of 1987. Any other mandated reporter
21required by this Act to report suspected abuse, abandonment,
22neglect, or financial exploitation who willfully fails to
23report the same is guilty of a Class A misdemeanor.
24(Source: P.A. 102-244, eff. 1-1-22; 103-329, eff. 1-1-24.)
 
25    (320 ILCS 20/5)  (from Ch. 23, par. 6605)

 

 

HB4338- 33 -LRB103 35332 KTG 65391 b

1    Sec. 5. Procedure.
2    (a) A provider agency designated to receive reports of
3alleged or suspected abuse, abandonment, neglect, financial
4exploitation, or self-neglect under this Act shall, upon
5receiving such a report of alleged or suspected abuse,
6abandonment, neglect, or financial exploitation, shall ,
7conduct a face-to-face assessment with respect to such report,
8in accord with established law and Department protocols,
9procedures, and policies. A provider agency that receives a
10report of self-neglect shall follow the procedures set forth
11in Section 5.1. Face-to-face assessments, casework, and
12follow-up of reports of self-neglect by the provider agencies
13designated to receive reports of self-neglect shall be subject
14to sufficient appropriation for statewide implementation of
15assessments, casework, and follow-up of reports of
16self-neglect. In the absence of sufficient appropriation for
17statewide implementation of assessments, casework, and
18follow-up of reports of self-neglect, the designated adult
19protective services provider agency shall refer all reports of
20self-neglect to the appropriate agency or agencies as
21designated by the Department for any follow-up.
22    (b) The assessment shall include, but not be limited to, a
23visit to the residence of the eligible adult who is the subject
24of the report and shall include interviews or consultations
25regarding the allegations with service agencies, immediate
26family members, and individuals who may have knowledge of the

 

 

HB4338- 34 -LRB103 35332 KTG 65391 b

1eligible adult's circumstances based on the consent of the
2eligible adult in all instances, except where the provider
3agency is acting in the best interest of an eligible adult who
4is unable to seek assistance for himself or herself and where
5there are allegations against a caregiver who has assumed
6responsibilities in exchange for compensation. If, after the
7assessment, the provider agency determines that the case is
8substantiated it shall develop a service care plan for the
9eligible adult and may report its findings at any time during
10the case to the appropriate law enforcement agency in accord
11with established law and Department protocols, procedures, and
12policies. In developing a case plan, the provider agency may
13consult with any other appropriate provider of services, and
14such providers shall be immune from civil or criminal
15liability on account of such acts. The plan shall include
16alternative suggested or recommended services which are
17appropriate to the needs of the eligible adult and which
18involve the least restriction of the eligible adult's
19activities commensurate with his or her needs. Only those
20services to which consent is provided in accordance with
21Section 9 of this Act shall be provided, contingent upon the
22availability of such services.
23    (c) (b) A provider agency shall refer evidence of crimes
24against an eligible adult to the appropriate law enforcement
25agency according to Department policies. A referral to law
26enforcement may be made at intake, at any time during the case,

 

 

HB4338- 35 -LRB103 35332 KTG 65391 b

1or after a report of a suspicious death, depending upon the
2circumstances. Where a provider agency has reason to believe
3the death of an eligible adult may be the result of abuse,
4abandonment, or neglect, the agency shall immediately report
5the matter to the coroner or medical examiner and shall
6cooperate fully with any subsequent investigation.
7    (d) (c) If any person other than the alleged victim refuses
8to allow the provider agency to begin an investigation,
9interferes with the provider agency's ability to conduct an
10investigation, or refuses to give access to an eligible adult,
11the appropriate law enforcement agency must be consulted
12regarding the investigation.
13(Source: P.A. 102-244, eff. 1-1-22; 103-329, eff. 1-1-24.)
 
14    (320 ILCS 20/5.1 new)
15    Sec. 5.1. Procedure for self-neglect.
16    (a) A provider agency, upon receiving a report of
17self-neglect, shall conduct an unannounced face-to-face visit
18at the residence of the eligible adult to administer an
19eligibility screening within the prescribed timeframe. The
20eligibility screening is intended to quickly determine if the
21eligible adult is posing a substantial threat to himself or
22herself or to others. A full assessment phase shall not be
23completed for self-neglect cases and eligible adults
24experiencing self-neglect shall immediately enter the casework
25phase to begin service referrals to mitigate risk.

 

 

HB4338- 36 -LRB103 35332 KTG 65391 b

1    (b) The eligibility screening shall include, but is not
2limited to:
3        (1) an interview with the eligible adult;
4        (2) interviews or consultations regarding the
5    allegations with immediate family members and other
6    individuals who may have knowledge of the eligible adult's
7    circumstances; and
8        (3) an inquiry of active service providers engaged
9    with the eligible adult who are providing services that
10    are mitigating the risk identified on the intake. These
11    service providers may be, but are not limited to:
12            (i) Managed care organizations.
13            (ii) Case coordination units.
14            (iii) The Department of Human Services' Division
15        of Rehabilitation Services.
16            (iv) The Department of Human Services' Division of
17        Developmental Disabiliti
        es.
18            (v) The Department of Human Services' Division of
19        Mental Health.
20    (c) During the visit, a provider agency shall obtain the
21consent of the eligible adult before initiating the
22eligibility screening. If the eligible adult cannot consent,
23and where the provider agency is acting in the best interest of
24an eligible adult who is unable to seek assistance for
25themselves, the provider agency shall conduct the eligibility
26screening as described in subsection (b).

 

 

HB4338- 37 -LRB103 35332 KTG 65391 b

1    (d) When the eligibility screening indicates that the
2vulnerable adult is experiencing self-neglect, the provider
3agency shall, within 5 business days and with client consent,
4develop and implement a case plan.
5    (e) In developing a case plan, the provider agency shall
6consult with any other appropriate provider of services to
7ensure that there are no duplications of services. Such
8providers shall be immune from civil or criminal liability on
9account of such acts.
10    (f) The service plan shall include alternative, suggested,
11or recommended services which are appropriate to the needs of
12the eligible adult and which involve the least restriction of
13the eligible adult's activities commensurate with his or her
14needs.
15    (g) Only those services to which consent is provided in
16accordance with Section 9 shall be provided, contingent upon
17the availability of such services.
 
18    (320 ILCS 20/6)  (from Ch. 23, par. 6606)
19    Sec. 6. Time. The Department shall by rule establish the
20period of time within which an assessment or eligibility
21screening shall begin and within which a service care plan
22shall be implemented. Such rules shall provide for an
23expedited response to emergency situations.
24(Source: P.A. 85-1184.)
 

 

 

HB4338- 38 -LRB103 35332 KTG 65391 b

1    (320 ILCS 20/7)  (from Ch. 23, par. 6607)
2    Sec. 7. Review. All services provided to an eligible adult
3shall be reviewed by the provider agency on at least a
4quarterly basis for up to one year to determine whether the
5service care plan should be continued or modified, except
6that, upon review, the Department on Aging may grant a waiver
7to extend the service care plan for up to one additional year.
8The provider agency shall demonstrate responsiveness to the
9eligible adult's needs in the provision of services.
10(Source: P.A. 95-331, eff. 8-21-07.)
 
11    (320 ILCS 20/7.1)
12    Sec. 7.1. Final investigative report. A provider agency
13shall prepare a final investigative report, upon the
14completion or closure of an investigation, in all cases of
15reported abuse, abandonment, neglect, financial exploitation,
16or self-neglect of an eligible adult, whether or not there is a
17substantiated finding. Notice of findings shall be provided to
18the eligible adult, the alleged abuser, and the reporter by
19the provider agency.
20(Source: P.A. 102-244, eff. 1-1-22.)
 
21    (320 ILCS 20/9)  (from Ch. 23, par. 6609)
22    Sec. 9. Authority to consent to services.
23    (a) If an eligible adult consents to an assessment of a
24reported incident of suspected abuse, abandonment, neglect, or

 

 

HB4338- 39 -LRB103 35332 KTG 65391 b

1financial exploitation, or to an eligibility screening for a
2reported incident of self-neglect and, following the
3assessment or eligibility screening of such report, consents
4to services being provided according to the case plan, such
5services shall be arranged to meet the adult's needs, based
6upon the availability of resources to provide such services.
7If an adult withdraws his or her consent for an assessment or
8eligibility screening of the reported incident or withdraws
9his or her consent for services and refuses to accept such
10services, the services shall not be provided.
11    (b) If it reasonably appears to the Department or other
12agency designated under this Act that a person is an eligible
13adult and lacks the capacity to consent to an assessment of a
14reported incident of suspected abuse, abandonment, neglect, or
15financial exploitation, or to an eligibility screening for a
16reported incident of self-neglect or to necessary services,
17the Department or other agency shall take appropriate action
18necessary to ameliorate risk to the eligible adult if there is
19a threat of ongoing harm or another emergency exists. Once the
20emergent risk has been mitigated, the The Department or the
21provider other agency shall be authorized to seek the
22appointment of a temporary guardian as provided in Article XIa
23of the Probate Act of 1975 or a surrogate decision-maker for
24the purpose of consenting to an assessment or eligibility
25screening of the reported incident and such services, together
26with an order for an evaluation of the eligible adult's

 

 

HB4338- 40 -LRB103 35332 KTG 65391 b

1physical, psychological, and medical condition and decisional
2capacity.
3    (c) A guardian of the person of an eligible adult may
4consent to an assessment of the reported incident and to
5services being provided according to the case plan. If an
6eligible adult lacks capacity to consent, an agent having
7authority under a power of attorney may consent to an
8assessment of the reported incident and to services. If the
9guardian or agent is the suspected abuser and he or she
10withdraws consent for the assessment of the reported incident,
11or refuses to allow services to be provided to the eligible
12adult, the Department, an agency designated under this Act, or
13the office of the Attorney General may request a court order
14seeking appropriate remedies, and may in addition request
15removal of the guardian and appointment of a successor
16guardian or request removal of the agent and appointment of a
17guardian.
18    (d) If an emergency exists and the Department or other
19agency designated under this Act reasonably believes that a
20person is an eligible adult and lacks the capacity to consent
21to necessary services, the Department or other agency may
22request an ex parte order from the circuit court of the county
23in which the petitioner or respondent resides or in which the
24alleged abuse, abandonment, neglect, financial exploitation,
25or self-neglect occurred, authorizing an assessment of a
26report of alleged or suspected abuse, abandonment, neglect,

 

 

HB4338- 41 -LRB103 35332 KTG 65391 b

1financial exploitation, or self-neglect or the provision of
2necessary services, or both, including relief available under
3the Illinois Domestic Violence Act of 1986 in accord with
4established law and Department protocols, procedures, and
5policies. Petitions filed under this subsection shall be
6treated as expedited proceedings. When an eligible adult is at
7risk of serious injury or death and it reasonably appears that
8the eligible adult lacks capacity to consent to necessary
9services, the Department or other agency designated under this
10Act may take action necessary to ameliorate the risk in
11accordance with administrative rules promulgated by the
12Department.
13    (d-5) For purposes of this Section, an eligible adult
14"lacks the capacity to consent" if qualified staff of an
15agency designated under this Act reasonably determine, in
16accordance with administrative rules promulgated by the
17Department, that he or she appears either (i) unable to
18receive and evaluate information related to the assessment or
19services or (ii) unable to communicate in any manner decisions
20related to the assessment of the reported incident or
21services.
22    (e) Within 15 days after the entry of the ex parte
23emergency order, the order shall expire, or, if the need for
24assessment of the reported incident or services continues, the
25provider agency shall petition for the appointment of a
26guardian as provided in Article XIa of the Probate Act of 1975

 

 

HB4338- 42 -LRB103 35332 KTG 65391 b

1for the purpose of consenting to such assessment or services
2or to protect the eligible adult from further harm.
3    (f) If the court enters an ex parte order under subsection
4(d) for an assessment of a reported incident of alleged or
5suspected abuse, abandonment, neglect, financial exploitation,
6or self-neglect, or for the provision of necessary services in
7connection with alleged or suspected self-neglect, or for
8both, the court, as soon as is practicable thereafter, shall
9appoint a guardian ad litem for the eligible adult who is the
10subject of the order, for the purpose of reviewing the
11reasonableness of the order. The guardian ad litem shall
12review the order and, if the guardian ad litem reasonably
13believes that the order is unreasonable, the guardian ad litem
14shall file a petition with the court stating the guardian ad
15litem's belief and requesting that the order be vacated.
16    (g) In all cases in which there is a substantiated finding
17of abuse, abandonment, neglect, or financial exploitation by a
18guardian, the Department shall, within 30 days after the
19finding, notify the Probate Court with jurisdiction over the
20guardianship.
21(Source: P.A. 102-244, eff. 1-1-22.)
 
22    (320 ILCS 20/15)
23    Sec. 15. Fatality review teams.
24    (a) State policy.
25        (1) Both the State and the community maintain a

 

 

HB4338- 43 -LRB103 35332 KTG 65391 b

1    commitment to preventing the abuse, abandonment, neglect,
2    and financial exploitation of at-risk adults. This
3    includes a charge to bring perpetrators of crimes against
4    at-risk adults to justice and prevent untimely deaths in
5    the community.
6        (2) When an at-risk adult dies, the response to the
7    death by the community, law enforcement, and the State
8    must include an accurate and complete determination of the
9    cause of death, and the development and implementation of
10    measures to prevent future deaths from similar causes.
11        (3) Multidisciplinary and multi-agency reviews of
12    deaths can assist the State and counties in developing a
13    greater understanding of the incidence and causes of
14    premature deaths and the methods for preventing those
15    deaths, improving methods for investigating deaths, and
16    identifying gaps in services to at-risk adults.
17        (4) Access to information regarding the deceased
18    person and his or her family by multidisciplinary and
19    multi-agency fatality review teams is necessary in order
20    to fulfill their purposes and duties.
21    (a-5) Definitions. As used in this Section:
22        "Advisory Council" means the Illinois Fatality Review
23    Team Advisory Council.
24        "Review Team" means a regional interagency fatality
25    review team.
26    (b) The Director, in consultation with the Advisory

 

 

HB4338- 44 -LRB103 35332 KTG 65391 b

1Council, law enforcement, and other professionals who work in
2the fields of investigating, treating, or preventing abuse,
3abandonment, or neglect of at-risk adults, shall appoint
4members to a minimum of one review team in each of the
5Department's planning and service areas. If a review team in
6an established planning and service area may be better served
7combining with adjacent planning and service areas for greater
8access to cases or expansion of expertise, then the Department
9is authorized to combine review teams. Each member of a review
10team shall be appointed for a 2-year term and shall be eligible
11for reappointment upon the expiration of the term. A review
12team's purpose in conducting review of at-risk adult deaths
13is: (i) to assist local agencies in identifying and reviewing
14suspicious deaths of adult victims of alleged, suspected, or
15substantiated abuse, abandonment, or neglect in domestic
16living situations; (ii) to facilitate communications between
17officials responsible for autopsies and inquests and persons
18involved in reporting or investigating alleged or suspected
19cases of abuse, abandonment, neglect, or financial
20exploitation of at-risk adults and persons involved in
21providing services to at-risk adults; (iii) to evaluate means
22by which the death might have been prevented; and (iv) to
23report its findings to the appropriate agencies and the
24Advisory Council and make recommendations that may help to
25reduce the number of at-risk adult deaths caused by abuse,
26abandonment, and neglect and that may help to improve the

 

 

HB4338- 45 -LRB103 35332 KTG 65391 b

1investigations of deaths of at-risk adults and increase
2prosecutions, if appropriate.
3    (b-5) Each such team shall be composed of representatives
4of entities and individuals including, but not limited to:
5        (1) the Department on Aging or a designated regional
6    administrative agency as appointed by the Department;
7        (2) coroners or medical examiners (or both);
8        (3) State's Attorneys;
9        (4) local police departments;
10        (5) forensic units;
11        (6) local health departments;
12        (7) a social service or health care agency that
13    provides services to persons with mental illness, in a
14    program whose accreditation to provide such services is
15    recognized by the Division of Mental Health within the
16    Department of Human Services;
17        (8) a social service or health care agency that
18    provides services to persons with developmental
19    disabilities, in a program whose accreditation to provide
20    such services is recognized by the Division of
21    Developmental Disabilities within the Department of Human
22    Services;
23        (9) a local hospital, trauma center, or provider of
24    emergency medicine;
25        (10) providers of services for eligible adults in
26    domestic living situations; and

 

 

HB4338- 46 -LRB103 35332 KTG 65391 b

1        (11) a physician, psychiatrist, or other health care
2    provider knowledgeable about abuse, abandonment, and
3    neglect of at-risk adults.
4    (c) A review team shall review cases of deaths of at-risk
5adults occurring in its planning and service area (i)
6involving blunt force trauma or an undetermined manner or
7suspicious cause of death; (ii) if requested by the deceased's
8attending physician or an emergency room physician; (iii) upon
9referral by a health care provider; (iv) upon referral by a
10coroner or medical examiner; (v) constituting an open or
11closed case from an adult protective services agency, law
12enforcement agency, State's Attorney's office, or the
13Department of Human Services' Office of the Inspector General
14that involves alleged or suspected abuse, abandonment,
15neglect, or financial exploitation; or (vi) upon referral by a
16law enforcement agency or State's Attorney's office. If such a
17death occurs in a planning and service area where a review team
18has not yet been established, the Director shall request that
19the Advisory Council or another review team review that death.
20A team may also review deaths of at-risk adults if the alleged
21abuse, abandonment, or neglect occurred while the person was
22residing in a domestic living situation.
23    A review team shall meet not less than 2 4 times a year to
24discuss cases for its possible review. Each review team, with
25the advice and consent of the Department, shall establish
26criteria to be used in discussing cases of alleged, suspected,

 

 

HB4338- 47 -LRB103 35332 KTG 65391 b

1or substantiated abuse, abandonment, or neglect for review and
2shall conduct its activities in accordance with any applicable
3policies and procedures established by the Department.
4    (c-5) The Illinois Fatality Review Team Advisory Council,
5consisting of one member from each review team in Illinois,
6shall be the coordinating and oversight body for review teams
7and activities in Illinois. The Director may appoint to the
8Advisory Council any ex-officio members deemed necessary.
9Persons with expertise needed by the Advisory Council may be
10invited to meetings. The Advisory Council must select from its
11members a chairperson and a vice-chairperson, each to serve a
122-year term. The chairperson or vice-chairperson may be
13selected to serve additional, subsequent terms. The Advisory
14Council must meet at least 2 4 times during each calendar year.
15    The Department may provide or arrange for the staff
16support necessary for the Advisory Council to carry out its
17duties. The Director, in cooperation and consultation with the
18Advisory Council, shall appoint, reappoint, and remove review
19team members.
20    The Advisory Council has, but is not limited to, the
21following duties:
22        (1) To serve as the voice of review teams in Illinois.
23        (2) To oversee the review teams in order to ensure
24    that the review teams' work is coordinated and in
25    compliance with State statutes and the operating protocol.
26        (3) To ensure that the data, results, findings, and

 

 

HB4338- 48 -LRB103 35332 KTG 65391 b

1    recommendations of the review teams are adequately used in
2    a timely manner to make any necessary changes to the
3    policies, procedures, and State statutes in order to
4    protect at-risk adults.
5        (4) To collaborate with the Department in order to
6    develop any legislation needed to prevent unnecessary
7    deaths of at-risk adults.
8        (5) To ensure that the review teams' review processes
9    are standardized in order to convey data, findings, and
10    recommendations in a usable format.
11        (6) To serve as a link with review teams throughout
12    the country and to participate in national review team
13    activities.
14        (7) To provide the review teams with the most current
15    information and practices concerning at-risk adult death
16    review and related topics.
17        (8) To perform any other functions necessary to
18    enhance the capability of the review teams to reduce and
19    prevent at-risk adult fatalities.
20    The Advisory Council may prepare an annual report, in
21consultation with the Department, using aggregate data
22gathered by review teams and using the review teams'
23recommendations to develop education, prevention, prosecution,
24or other strategies designed to improve the coordination of
25services for at-risk adults and their families.
26    In any instance where a review team does not operate in

 

 

HB4338- 49 -LRB103 35332 KTG 65391 b

1accordance with established protocol, the Director, in
2consultation and cooperation with the Advisory Council, must
3take any necessary actions to bring the review team into
4compliance with the protocol.
5    (d) Any document or oral or written communication shared
6within or produced by the review team relating to a case
7discussed or reviewed by the review team is confidential and
8is not admissible as evidence in any civil or criminal
9proceeding, except for use by a State's Attorney's office in
10prosecuting a criminal case against a caregiver. Those records
11and information are, however, subject to discovery or
12subpoena, and are admissible as evidence, to the extent they
13are otherwise available to the public.
14    Any document or oral or written communication provided to
15a review team by an individual or entity, and created by that
16individual or entity solely for the use of the review team, is
17confidential, is not subject to disclosure to or discoverable
18by another party, and is not admissible as evidence in any
19civil or criminal proceeding, except for use by a State's
20Attorney's office in prosecuting a criminal case against a
21caregiver. Those records and information are, however, subject
22to discovery or subpoena, and are admissible as evidence, to
23the extent they are otherwise available to the public.
24    Each entity or individual represented on the fatality
25review team may share with other members of the team
26information in the entity's or individual's possession

 

 

HB4338- 50 -LRB103 35332 KTG 65391 b

1concerning the decedent who is the subject of the review or
2concerning any person who was in contact with the decedent, as
3well as any other information deemed by the entity or
4individual to be pertinent to the review. Any such information
5shared by an entity or individual with other members of the
6review team is confidential. The intent of this paragraph is
7to permit the disclosure to members of the review team of any
8information deemed confidential or privileged or prohibited
9from disclosure by any other provision of law. Release of
10confidential communication between domestic violence advocates
11and a domestic violence victim shall follow subsection (d) of
12Section 227 of the Illinois Domestic Violence Act of 1986
13which allows for the waiver of privilege afforded to
14guardians, executors, or administrators of the estate of the
15domestic violence victim. This provision relating to the
16release of confidential communication between domestic
17violence advocates and a domestic violence victim shall
18exclude adult protective service providers.
19    A coroner's or medical examiner's office may share with
20the review team medical records that have been made available
21to the coroner's or medical examiner's office in connection
22with that office's investigation of a death.
23    Members of a review team and the Advisory Council are not
24subject to examination, in any civil or criminal proceeding,
25concerning information presented to members of the review team
26or the Advisory Council or opinions formed by members of the

 

 

HB4338- 51 -LRB103 35332 KTG 65391 b

1review team or the Advisory Council based on that information.
2A person may, however, be examined concerning information
3provided to a review team or the Advisory Council.
4    (d-5) Meeting of the review teams and the Advisory Council
5are exempt from the Open Meetings Act. Meetings of the review
6teams and the Advisory Council may be closed to the public
7under the Open Meetings Act. Records and information provided
8to a review team and the Advisory Council, and records
9maintained by a team or the Advisory Council, are exempt from
10release under the Freedom of Information Act.
11    (e) A review team's recommendation in relation to a case
12discussed or reviewed by the review team, including, but not
13limited to, a recommendation concerning an investigation or
14prosecution, may be disclosed by the review team upon the
15completion of its review and at the discretion of a majority of
16its members who reviewed the case.
17    (e-5) The State shall indemnify and hold harmless members
18of a review team and the Advisory Council for all their acts,
19omissions, decisions, or other conduct arising out of the
20scope of their service on the review team or Advisory Council,
21except those involving willful or wanton misconduct. The
22method of providing indemnification shall be as provided in
23the State Employee Indemnification Act.
24    (f) The Department, in consultation with coroners, medical
25examiners, and law enforcement agencies, shall use aggregate
26data gathered by and recommendations from the Advisory Council

 

 

HB4338- 52 -LRB103 35332 KTG 65391 b

1and the review teams to create an annual report and may use
2those data and recommendations to develop education,
3prevention, prosecution, or other strategies designed to
4improve the coordination of services for at-risk adults and
5their families. The Department or other State or county
6agency, in consultation with coroners, medical examiners, and
7law enforcement agencies, also may use aggregate data gathered
8by the review teams to create a database of at-risk
9individuals.
10    (g) The Department shall adopt such rules and regulations
11as it deems necessary to implement this Section.
12(Source: P.A. 102-244, eff. 1-1-22.)
 
13    (320 ILCS 20/14 rep.)
14    Section 10. The Adult Protective Services Act is amended
15by repealing Section 14.

 

 

HB4338- 53 -LRB103 35332 KTG 65391 b

1 INDEX
2 Statutes amended in order of appearance
3    5 ILCS 120/2from Ch. 102, par. 42
4    320 ILCS 20/2from Ch. 23, par. 6602
5    320 ILCS 20/3from Ch. 23, par. 6603
6    320 ILCS 20/3.1
7    320 ILCS 20/3.5
8    320 ILCS 20/4from Ch. 23, par. 6604
9    320 ILCS 20/5from Ch. 23, par. 6605
10    320 ILCS 20/5.1 new
11    320 ILCS 20/6from Ch. 23, par. 6606
12    320 ILCS 20/7from Ch. 23, par. 6607
13    320 ILCS 20/7.1
14    320 ILCS 20/9from Ch. 23, par. 6609
15    320 ILCS 20/15
16    320 ILCS 20/14 rep.