Full Text of SB0086 97th General Assembly
SB0086enr 97TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning State government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Abuse of Adults with Disabilities | 5 | | Intervention Act is amended by changing Sections 15 and 60 as | 6 | | follows:
| 7 | | (20 ILCS 2435/15) (from Ch. 23, par. 3395-15)
| 8 | | Sec. 15. Definitions. As used in this Act:
| 9 | | "Abuse" means causing any physical, sexual,
or mental abuse | 10 | | injury to an
adult with disabilities, including exploitation of | 11 | | the adult's financial
resources. Nothing
in this Act shall be | 12 | | construed to mean that an adult with disabilities is a
victim | 13 | | of abuse or neglect for the sole reason
that
he or she is being
| 14 | | furnished with or relies upon treatment by spiritual means | 15 | | through prayer
alone, in accordance with the tenets and | 16 | | practices of a recognized church
or religious denomination.
| 17 | | Nothing in this Act shall be construed to mean that an adult | 18 | | with
disabilities is a victim of abuse because of health care | 19 | | services provided or
not provided by licensed health care | 20 | | professionals.
| 21 | | "Adult with disabilities" means a person aged 18 through 59 | 22 | | who resides in
a domestic living
situation and whose physical | 23 | | or mental disability impairs his or her ability to
seek or |
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| 1 | | obtain
protection from abuse, neglect, or exploitation.
| 2 | | "Department" means the Department of Human Services.
| 3 | | "Adults with Disabilities Abuse Project" or "project" | 4 | | means
that program within the Office of Inspector General | 5 | | designated by the
Department of Human Services to receive and | 6 | | assess reports of alleged or
suspected abuse, neglect, or | 7 | | exploitation of adults with
disabilities.
| 8 | | "Domestic living situation" means a residence where the | 9 | | adult with
disabilities lives alone or with his or her family | 10 | | or household members, a care
giver, or others or
at a board and | 11 | | care home or other community-based unlicensed facility, but is
| 12 | | not:
| 13 | | (1) A licensed facility as defined in Section 1-113 of | 14 | | the Nursing Home
Care Act or Section 1-113 of the MR/DD | 15 | | Community Care Act.
| 16 | | (2) A life care facility as defined in the Life Care | 17 | | Facilities Act.
| 18 | | (3) A home, institution, or other place operated by the | 19 | | federal
government, a federal agency, or the State.
| 20 | | (4) A hospital, sanitarium, or other institution, the | 21 | | principal activity
or business of which is the diagnosis, | 22 | | care, and treatment of human illness
through the | 23 | | maintenance and operation of organized facilities and that | 24 | | is
required to be licensed under the Hospital Licensing | 25 | | Act.
| 26 | | (5) A community living facility as defined in the |
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| 1 | | Community Living
Facilities Licensing Act.
| 2 | | (6) A community-integrated living arrangement as | 3 | | defined in the
Community-Integrated Living Arrangements | 4 | | Licensure and Certification Act or
community residential | 5 | | alternative as licensed under that Act.
| 6 | | "Emergency" means a situation in which an adult with | 7 | | disabilities is in danger of death or great bodily harm.
| 8 | | "Exploitation" means the illegal, including tortious, use | 9 | | of the assets or resources of an adult with
disabilities.
| 10 | | Exploitation includes, but is not limited to, the | 11 | | misappropriation of
assets or resources of an adult with | 12 | | disabilities by
undue influence, by
breach of a fiduciary | 13 | | relationship, by fraud, deception, or extortion, or
by the use | 14 | | of the assets or resources in a manner contrary to law.
| 15 | | "Family or household members" means a person who as a | 16 | | family member,
volunteer, or paid care provider has assumed | 17 | | responsibility for all or a
portion of the care of an adult | 18 | | with disabilities who needs assistance with
activities of daily | 19 | | living.
| 20 | | "Financial exploitation" means the illegal, including | 21 | | tortious, use of the assets or resources of an adult with
| 22 | | disabilities.
Exploitation includes, but is not limited to, the | 23 | | misappropriation of
assets or resources of an adult with | 24 | | disabilities by
undue influence, by
breach of a fiduciary | 25 | | relationship, by fraud, deception, or extortion, or
by the use | 26 | | of the assets or resources in a manner contrary to law. |
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| 1 | | "Mental abuse" means the infliction of emotional or mental | 2 | | distress by a caregiver, a family member, or any person with | 3 | | ongoing access to a person with disabilities by threat of harm, | 4 | | humiliation, or other verbal or nonverbal conduct. | 5 | | "Neglect" means the failure of
another individual to | 6 | | provide an adult with disabilities with or the willful
| 7 | | withholding from an adult with disabilities the necessities of | 8 | | life, including,
but not limited to, food, clothing, shelter, | 9 | | or medical care.
| 10 | | Nothing in the definition of "neglect" shall be construed to | 11 | | impose a
requirement that assistance be provided to an adult | 12 | | with disabilities over
his or her objection in the absence of a | 13 | | court order, nor to create any new
affirmative duty to provide | 14 | | support, assistance, or intervention to an
adult with | 15 | | disabilities. Nothing in this Act shall be construed to mean | 16 | | that
an adult with disabilities is a
victim of neglect because | 17 | | of health care services provided or not provided by
licensed
| 18 | | health care professionals.
| 19 | | "Physical abuse" includes sexual abuse and means any of the | 20 | | following acts :
| 21 | | (1) knowing or reckless use of physical force, | 22 | | confinement, or restraint;
| 23 | | (2) knowing, repeated, and unnecessary sleep | 24 | | deprivation; or
| 25 | | (3) knowing or reckless conduct which creates an | 26 | | immediate risk of
physical harm ; or .
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| 1 | | (4) when committed by a caregiver, a family member, or | 2 | | any person with ongoing access to a person with | 3 | | disabilities, directing another person to physically abuse | 4 | | a person with disabilities. | 5 | | "Secretary" means the Secretary of Human Services.
| 6 | | "Sexual abuse" means touching, fondling, sexual threats, | 7 | | sexually
inappropriate remarks,
or any other sexual activity | 8 | | with an adult with disabilities when the adult
with | 9 | | disabilities
is unable to understand, unwilling to consent, | 10 | | threatened, or physically forced
to engage
in sexual behavior. | 11 | | Sexual abuse includes acts of sexual exploitation including, | 12 | | but not limited to, facilitating or compelling an adult with | 13 | | disabilities to become a prostitute, or receiving anything of | 14 | | value from an adult with disabilities knowing it was obtained | 15 | | in whole or in part from the practice of prostitution.
| 16 | | "Substantiated case" means a reported case of alleged or | 17 | | suspected abuse,
neglect, or exploitation in which the Adults | 18 | | with
Disabilities Abuse
Project staff, after assessment, | 19 | | determines that there is reason to believe
abuse, neglect, or | 20 | | exploitation has occurred.
| 21 | | (Source: P.A. 96-339, eff. 7-1-10 .)
| 22 | | (20 ILCS 2435/60) (from Ch. 23, par. 3395-60)
| 23 | | Sec. 60. Annual reports. The Office of Inspector General
| 24 | | shall file with the Governor
and the General Assembly, no later | 25 | | than January 1 following the end of each fiscal year, within 90 |
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| 1 | | days after the end of each fiscal year,
a report concerning its | 2 | | implementation of the Domestic Abuse Project during
each fiscal | 3 | | year, together with any recommendations for future | 4 | | implementation.
The annual report
shall include data on numbers | 5 | | of reports received, numbers of reports
substantiated, and
| 6 | | unsubstantiated, number of referrals to law enforcement and | 7 | | other referral
resources, numbers of assessments and service | 8 | | plans completed, and protective
services provided. The report | 9 | | shall also include information on public
education
efforts | 10 | | engaged in, and training provided to persons or agencies who | 11 | | are
responsible for the Act's implementation.
| 12 | | (Source: P.A. 91-671, eff. 7-1-00.)
| 13 | | Section 99. Effective date. This Act takes effect upon | 14 | | becoming law.
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