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90_SB0389
20 ILCS 2435/15 from Ch. 23, par. 3395-15
20 ILCS 2435/20 from Ch. 23, par. 3395-20
20 ILCS 2435/25 from Ch. 23, par. 3395-25
20 ILCS 2435/30 from Ch. 23, par. 3395-30
20 ILCS 2435/35 from Ch. 23, par. 3395-35
20 ILCS 2435/40 from Ch. 23, par. 3395-40
20 ILCS 2435/55 from Ch. 23, par. 3395-55
20 ILCS 2435/60 from Ch. 23, par. 3395-60
20 ILCS 2435/65 from Ch. 23, par. 3395-65
Amends the Domestic Abuse of Disabled Adults Intervention
Act. Provides that the Guardianship and Advocacy Commission
(now the Department of Rehabilitation Services, and beginning
July 1, 1997, the Department of Human Services) shall
establish a Domestic Abuse Project. Provides that the
commission shall establish a single, statewide, toll free
telephone number that persons may use to report alleged or
suspected abuse, neglect, or exploitation of disabled adults.
Provides that the Domestic Abuse Project shall refer
substantiated cases of abuse to a case coordination unit.
Provides that the case coordination unit shall develop a
service plan for the disabled person. Provides that the
Department of Human Services and other State funded entities
(now State agencies) shall provide necessary services. Makes
other changes.
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1 AN ACT to amend the Domestic Abuse of Disabled Adults
2 Intervention Act by changing Sections 15, 20, 25, 30, 35, 40,
3 55, 60, and 65.
4 Be it enacted by the People of the State of Illinois,
5 represented in the General Assembly:
6 Section 5. The Domestic Abuse of Disabled Adults
7 Intervention Act is amended by changing Sections 15, 20, 25,
8 30, 35, 40, 55, 60, and 65 as follows:
9 (20 ILCS 2435/15) (from Ch. 23, par. 3395-15)
10 (Text of Section before amendment by P.A. 89-507)
11 Sec. 15. Definitions. As used in this Act:
12 "Abuse" means any physical injury, sexual abuse or mental
13 injury to an adult disabled person inflicted by another
14 individual or entity. Nothing in this Act shall be construed
15 to mean that an adult disabled person is a victim of abuse or
16 neglect for the sole reason that he or she is being furnished
17 with or relies upon treatment by spiritual means through
18 prayer alone, in accordance with the tenets and practices of
19 a recognized church or religious denomination.
20 "Adult disabled person" means a person aged 18 through 59
21 who is a disabled person.
22 "Comprehensive rehabilitation" means those services
23 necessary and appropriate for increasing the potential for
24 independent living or gainful employment as applicable.
25 "Department" means the Department of Rehabilitation
26 Services.
27 "Director" means the Director of Rehabilitation Services.
28 "Disabled person" means any person who, by reason of a
29 physical or mental impairment, is or may be expected to be
30 totally or partially incapacitated for independent living or
31 gainful employment.
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1 "Domestic Abuse Project" or "project" means that program
2 designated by the Director to receive and assess reports of
3 alleged or suspected domestic abuse, neglect, or exploitation
4 of adult disabled persons.
5 "Domestic living situation" means a residence where the
6 adult disabled person lives alone or with his or her family
7 or household members, but is not a licensed facility as
8 defined in Section 1-113 of the Nursing Home Care Act and not
9 a facility operated by the Department of Mental Health and
10 Developmental Disabilities.
11 "Emergency" means a situation in which an adult disabled
12 person's life or safety is in imminent danger.
13 "Exploitation" means the illegal, including tortious, use
14 of an adult disabled person or of the assets or resources of
15 an adult disabled person. Exploitation includes, but is not
16 limited to, the misappropriation of assets or resources of an
17 adult disabled person by undue influence, by breach of a
18 fiduciary relationship, by fraud, deception, or extortion, or
19 by the use of the assets or resources in a manner contrary to
20 law.
21 "Family or household members" includes spouses, former
22 spouses, parents, children, stepchildren and other persons
23 related by blood or marriage, persons who share or formerly
24 shared a common dwelling and persons who have or allegedly
25 have a child in common. Family or household members includes
26 any person who has the responsibility for an adult disabled
27 person as a result of a family relationship or who has
28 assumed responsibility for all or a portion of the care of an
29 adult disabled person voluntarily, or by express or implied
30 contract, or by court order.
31 "Neglect" means another individual's or entity's failure
32 to exercise that degree of care toward an adult disabled
33 person that a reasonable person would exercise under the
34 circumstances and includes but is not limited to:
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1 (1) the failure to take reasonable steps to protect
2 an adult disabled person from acts of abuse;
3 (2) the repeated, careless imposition of
4 unreasonable confinement;
5 (3) the failure to provide food, shelter, clothing,
6 and personal hygiene to an adult disabled person who
7 requires that assistance;
8 (4) the failure to provide medical, rehabilitation,
9 and habilitation care for the physical and mental health
10 needs of an adult disabled person; or
11 (5) the failure to protect an adult disabled person
12 from health and safety hazards.
13 Nothing in the definition of "neglect" shall be construed to
14 impose a requirement that assistance be provided to an adult
15 disabled person over his or her objection in the absence of a
16 court order, nor to create any new affirmative duty to
17 provide support to an adult disabled person.
18 "Rehabilitation" or "habilitation" means those vocational
19 or other appropriate services that increase the opportunities
20 for independent functioning or gainful employment.
21 "Substantiated case" means a reported case of alleged or
22 suspected domestic abuse, neglect, or exploitation in which
23 the Domestic Abuse Project staff, after assessment,
24 determines that there is reason to believe abuse, neglect, or
25 exploitation has occurred.
26 (Source: P.A. 87-658.)
27 (Text of Section after amendment by P.A. 89-507)
28 Sec. 15. Definitions. As used in this Act:
29 "Abuse" means any physical injury, sexual abuse or mental
30 injury to an adult disabled person inflicted by another
31 individual or entity. Nothing in this Act shall be construed
32 to mean that an adult disabled person is a victim of abuse or
33 neglect for the sole reason that he or she is being furnished
34 with or relies upon treatment by spiritual means through
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1 prayer alone, in accordance with the tenets and practices of
2 a recognized church or religious denomination.
3 "Adult disabled person" means a person aged 18 through 59
4 who is a disabled person.
5 "Comprehensive rehabilitation" means those services
6 necessary and appropriate for increasing the potential for
7 independent living or gainful employment as applicable.
8 "Commision" menas the Guardianship and Advocacy
9 Commission.
10 "Director" means the Director of the Guardianship and
11 Advocacy Commission.
12 "Department" means the Department of Human Services.
13 "Secretary" means the Secretary of Human Services.
14 "Disabled person" means any person who, by reason of a
15 physical or mental impairment, is or may be expected to be
16 totally or partially incapacitated for independent living or
17 gainful employment.
18 "Domestic Abuse Project" or "project" means that program
19 designated by the Secretary to receive and assess reports of
20 alleged or suspected domestic abuse, neglect, or exploitation
21 of adult disabled persons.
22 "Domestic living situation" means a residence where the
23 adult disabled person lives alone or with his or her family
24 or household members, but is not a licensed facility as
25 defined in Section 1-113 of the Nursing Home Care Act and not
26 a facility operated by the Department of Human Services as
27 successor to the Department of Mental Health and
28 Developmental Disabilities.
29 "Emergency" means a situation in which an adult disabled
30 person's life or safety is in imminent danger.
31 "Exploitation" means the illegal, including tortious, use
32 of an adult disabled person or of the assets or resources of
33 an adult disabled person. Exploitation includes, but is not
34 limited to, the misappropriation of assets or resources of an
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1 adult disabled person by undue influence, by breach of a
2 fiduciary relationship, by fraud, deception, or extortion, or
3 by the use of the assets or resources in a manner contrary to
4 law.
5 "Family or household members" includes spouses, former
6 spouses, parents, children, stepchildren and other persons
7 related by blood or marriage, persons who share or formerly
8 shared a common dwelling and persons who have or allegedly
9 have a child in common. Family or household members includes
10 any person who has the responsibility for an adult disabled
11 person as a result of a family relationship or who has
12 assumed responsibility for all or a portion of the care of an
13 adult disabled person voluntarily, or by express or implied
14 contract, or by court order.
15 "High risk disabled person" means any person who resides
16 in a domestic living situation, whose physical or mental
17 disabilities impair his or her ability to seek or obtain
18 protection from abuse, neglect, or explotation.
19 "Neglect" means another individual's or entity's failure
20 to exercise that degree of care toward an adult disabled
21 person that a reasonable person would exercise under the
22 circumstances and includes but is not limited to:
23 (1) the failure to take reasonable steps to protect
24 an adult disabled person from acts of abuse;
25 (2) the repeated, careless imposition of
26 unreasonable confinement;
27 (3) the failure to provide food, shelter, clothing,
28 and personal hygiene to an adult disabled person who
29 requires that assistance;
30 (4) the failure to provide medical, rehabilitation,
31 and habilitation care for the physical and mental health
32 needs of an adult disabled person; or
33 (5) the failure to protect an adult disabled person
34 from health and safety hazards.
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1 Nothing in the definition of "neglect" shall be construed to
2 impose a requirement that assistance be provided to an adult
3 disabled person over his or her objection in the absence of a
4 court order, nor to create any new affirmative duty to
5 provide support to an adult disabled person.
6 "Rehabilitation" or "habilitation" means those vocational
7 or other appropriate services that increase the opportunities
8 for independent functioning or gainful employment.
9 "Substantiated case" means a reported case of alleged or
10 suspected domestic abuse, neglect, or exploitation in which
11 the Domestic Abuse Project staff, after assessment,
12 determines that there is reason to believe abuse, neglect, or
13 exploitation has occurred.
14 (Source: P.A. 89-507, eff. 7-1-97.)
15 (20 ILCS 2435/20) (from Ch. 23, par. 3395-20)
16 (Text of Section before amendment by P.A. 89-507)
17 Sec. 20. Establishment of project. The Department of
18 Rehabilitation Services shall establish a Domestic Abuse
19 Project as provided in this Act for adult disabled persons
20 who have been abused, neglected, or exploited in domestic
21 living situations.
22 (Source: P.A. 87-658.)
23 (Text of Section after amendment by P.A. 89-507)
24 Sec. 20. Establishment of project. The Guardianship and
25 Advovacy Commission Department of Human Services shall
26 establish a Domestic Abuse Project as provided in this Act
27 for adult disabled persons who have been abused, neglected,
28 or exploited in domestic living situations.
29 (Source: P.A. 89-507, eff. 7-1-97.)
30 (20 ILCS 2435/25) (from Ch. 23, par. 3395-25)
31 Sec. 25. Reports of domestic abuse, neglect, or
32 exploitation.
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1 (a) Any person, institution, or agency may voluntarily
2 report a case of alleged or suspected domestic abuse,
3 neglect, or exploitation of an adult disabled person to the
4 Domestic Abuse Project. Law enforcement officers shall also
5 continue to report incidents of alleged abuse pursuant to the
6 Illinois Domestic Violence Act of 1986.
7 (b) Any person, institution, or agency making a report
8 or assessment under this Section in good faith, or providing
9 information, participating in an assessment, or taking
10 photographs or x-rays, shall be immune from any civil or
11 criminal liability on account of making the report or
12 assessment, providing information, or participating in an
13 assessment, or on account of submitting or otherwise
14 disclosing the photographs or x-rays to the Domestic Abuse
15 Project.
16 (c) The identity of a person making a report of alleged
17 or suspected domestic abuse, neglect, or exploitation under
18 this Section may be disclosed by the Commission Department or
19 other agency provided for only with the person's written
20 consent or by court order.
21 (Source: P.A. 87-658.)
22 (20 ILCS 2435/30) (from Ch. 23, par. 3395-30)
23 Sec. 30. Statewide telephone number.
24 (a) There shall be a single, statewide, toll free
25 telephone number established and maintained by the Commission
26 Department that all persons may use to report alleged or
27 suspected domestic abuse, neglect, or exploitation of an
28 adult disabled person during normal business hours and
29 equipped with an automated telephone recording device to
30 receive reports after the close of normal business hours.
31 (b) The Commission Department shall make every effort to
32 publicize the statewide, toll free telephone number and to
33 encourage public understanding of and cooperation in
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1 reporting and eliminating domestic abuse, neglect, and
2 exploitation of adult disabled persons.
3 (Source: P.A. 87-658.)
4 (20 ILCS 2435/35) (from Ch. 23, par. 3395-35)
5 (Text of Section before amendment by P.A. 89-507)
6 Sec. 35. Assessment of reports.
7 (a) The Domestic Abuse Project shall, upon receiving a
8 report of alleged or suspected domestic abuse, neglect, or
9 exploitation and upon receiving the consent of the subject of
10 the report, conduct an assessment with respect to the report.
11 The assessment shall include, but not be limited to, a
12 face-to-face interview with the adult disabled person who is
13 the subject of the report and may include a visit to the
14 residence of the adult, and interviews or consultations with
15 service agencies or individuals who may have knowledge of the
16 adult disabled person's circumstances. If, after the
17 assessment, the Domestic Abuse Project determines that a case
18 is substantiated, the case will be referred to the
19 appropriate case coordination unit for service delivery. The
20 case coordination unit, based on the results of the
21 assessment, including appropriate remedies available under
22 the Illinois Domestic Violence Act of 1986. it shall develop,
23 with the consent of and in consultation with the adult
24 disabled person, a service plan for the adult disabled
25 person. The plan shall include services and other supports
26 which are appropriate to the needs of the adult disabled
27 person and which involve the least restriction of the adult
28 disabled person's activities commensurate with his needs,
29 such as those provided by the Department of Human Services'
30 Department's Home Services Program and the Department of
31 Mental Health and Developmental Disabilities supported
32 community agencies. Every effort shall be made by the
33 Domestic Abuse Project to coordinate and cooperate with
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1 public and private agencies to ensure the provision of
2 services necessary to eliminate further domestic abuse,
3 neglect, and exploitation of the adult disabled person who is
4 the subject of the report.
5 (b) The Domestic Abuse Project shall conduct an
6 assessment of all reports of alleged or suspected domestic
7 abuse or neglect within 7 days after receipt of the report,
8 except reports of abuse or neglect that indicate that an
9 adult disabled person's life or safety is in imminent danger
10 shall be assessed within 24 hours after receipt of the
11 report. Reports of exploitation shall be assessed within 30
12 days after the receipt of the report.
13 (c) The Department of Human Services shall effect
14 written interagency agreements with the Department of Mental
15 Health and Developmental Disabilities and other State
16 departments and any other public and private shall accept and
17 provide necessary services, as determined by the results of
18 the assessment and case coordination unit, for agencies to
19 coordinate and cooperate in the handling of substantiated
20 cases; to accept and manage substantiated cases on a
21 priority basis; and to waive eligibility requirements for
22 adult disabled persons in an emergency.
23 (d) The Department shall promulgate rules and
24 regulations to ensure the effective implementation of the
25 Domestic Abuse Project statewide.
26 (Source: P.A. 87-658.)
27 (Text of Section after amendment by P.A. 89-507)
28 Sec. 35. Assessment of reports.
29 (a) The Domestic Abuse Project shall, upon receiving a
30 report of alleged or suspected domestic abuse, neglect, or
31 exploitation and upon receiving the consent of the subject of
32 the report, conduct an assessment with respect to the report.
33 The assessment shall include, but not be limited to, a
34 face-to-face interview with the adult disabled person who is
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1 the subject of the report and may include a visit to the
2 residence of the adult, and interviews or consultations with
3 service agencies or individuals who may have knowledge of the
4 adult disabled person's circumstances. If, after the
5 assessment, the Domestic Abuse Project determines that a case
6 is substantiated, the case shall be referred to the
7 appropriate case coordination unit for service delivery. The
8 case coordination unit, based on the results of the
9 assessment, It shall develop, with the consent of and in
10 consultation with the adult disabled person, a service plan
11 for the adult disabled person including appropriate remedies
12 available under the Illinois Domestic Violence Act of 1986.
13 The plan shall include services and other supports which are
14 appropriate to the needs of the adult disabled person and
15 which involve the least restriction of the adult disabled
16 person's activities commensurate with his needs, such as
17 those provided by the Department of Human Services'
18 Department's Home Services Program and supported community
19 agencies. Every effort shall be made by the Domestic Abuse
20 Project to coordinate and cooperate with public and private
21 agencies to ensure the provision of services necessary to
22 eliminate further domestic abuse, neglect, and exploitation
23 of the adult disabled person who is the subject of the
24 report.
25 (b) The Domestic Abuse Project shall conduct an
26 assessment of all reports of alleged or suspected domestic
27 abuse or neglect within 7 days after receipt of the report,
28 except reports of abuse or neglect that indicate that an
29 adult disabled person's life or safety is in imminent danger
30 shall be assessed within 24 hours after receipt of the
31 report. Reports of exploitation shall be assessed within 30
32 days after the receipt of the report.
33 (c) The Department of Human Services shall effect
34 written interagency agreements with and other State
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1 Departments and any other funded entities, public and
2 private, shall accept and provide necessary services, as
3 determined by the results of the assessment and case
4 coordination unit, for agencies to coordinate and cooperate
5 in the handling of substantiated cases; to accept and manage
6 substantiated cases on a priority basis; and shall to waive
7 eligibility requirements for adult disabled persons in an
8 emergency.
9 (d) The Commission Department shall promulgate rules and
10 regulations to ensure the effective implementation of the
11 Domestic Abuse Project statewide.
12 (Source: P.A. 89-507, eff. 7-1-97.)
13 (20 ILCS 2435/40) (from Ch. 23, par. 3395-40)
14 Sec. 40. Assessment and service plan periods.
15 The Commission Department shall by rule establish the
16 period of time within which an assessment shall begin and
17 within which a service plan shall be implemented. The rules
18 shall provide for an expedited response to emergency
19 situations, including authorization for the commission to
20 order services for a period of up to 72 hours in an
21 emergency.
22 (20 ILCS 2435/55) (from Ch. 23, par. 3395-55)
23 (Text of Section before amendment by P.A. 89-507)
24 Sec. 55. Access to records. All records concerning
25 reports of domestic abuse, neglect, or exploitation of adult
26 disabled persons and all records generated as a result of the
27 reports shall be confidential and shall not be disclosed
28 except as specifically authorized by this Act or other
29 applicable law. Access to the records, but not access to the
30 identity of the person or persons making a report of alleged
31 domestic abuse, neglect, or exploitation as contained in the
32 records, shall be allowed to the following persons and for
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1 the following purposes:
2 (a) Domestic Abuse Project staff in the furtherance of
3 their responsibilities under this Act;
4 (b) A law enforcement agency investigating alleged or
5 suspected domestic abuse, neglect, or exploitation of adult
6 disabled persons;
7 (c) An adult disabled person reported to be abused,
8 neglected, or exploited, or the adult disabled person's
9 guardian unless the guardian is the alleged perpetrator of
10 the abuse, neglect, or exploitation;
11 (d) A court, upon its finding that access to the records
12 may be necessary for the determination of an issue before the
13 court. However, the access shall be limited to an in camera
14 inspection of the records, unless the court determines that
15 disclosure of the information contained therein is necessary
16 for the resolution of an issue then pending before it;
17 (e) A grand jury, upon its determination that access to
18 the records is necessary to the conduct of its official
19 business;
20 (f) Any person authorized by the Director, in writing,
21 for audit or bona fide research purposes;
22 (g) A coroner or medical examiner who has reason to
23 believe that an adult disabled person has died as the result
24 of domestic abuse or neglect;
25 (h) The agency designated pursuant to the Protection and
26 Advocacy for Developmentally Disabled Persons Act and the
27 Protection and Advocacy for Mentally Ill Persons Act.
28 (Source: P.A. 87-658.)
29 (Text of Section after amendment by P.A. 89-507)
30 Sec. 55. Access to records. All records concerning
31 reports of domestic abuse, neglect, or exploitation of adult
32 disabled persons and all records generated as a result of the
33 reports shall be confidential and shall not be disclosed
34 except as specifically authorized by this Act or other
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1 applicable law. Access to the records, but not access to the
2 identity of the person or persons making a report of alleged
3 domestic abuse, neglect, or exploitation as contained in the
4 records, shall be allowed to the following persons and for
5 the following purposes:
6 (a) Domestic Abuse Project staff in the furtherance of
7 their responsibilities under this Act;
8 (b) A law enforcement agency investigating alleged or
9 suspected domestic abuse, neglect, or exploitation of adult
10 disabled persons;
11 (c) An adult disabled person reported to be abused,
12 neglected, or exploited, or the adult disabled person's
13 guardian unless the guardian is the alleged perpetrator of
14 the abuse, neglect, or exploitation;
15 (d) A court, upon its finding that access to the records
16 may be necessary for the determination of an issue before the
17 court. However, the access shall be limited to an in camera
18 inspection of the records, unless the court determines that
19 disclosure of the information contained therein is necessary
20 for the resolution of an issue then pending before it;
21 (e) A grand jury, upon its determination that access to
22 the records is necessary to the conduct of its official
23 business;
24 (f) Any person authorized by the Director Secretary, in
25 writing, for audit or bona fide research purposes;
26 (g) A coroner or medical examiner who has reason to
27 believe that an adult disabled person has died as the result
28 of domestic abuse or neglect;
29 (h) The agency designated pursuant to the Protection and
30 Advocacy for Developmentally Disabled Persons Act and the
31 Protection and Advocacy for Mentally Ill Persons Act.
32 (Source: P.A. 89-507, eff. 7-1-97.)
33 (20 ILCS 2435/60) (from Ch. 23, par. 3395-60)
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1 Sec. 60. Annual reports. The Commission Department
2 shall file with the Governor and the General Assembly, within
3 90 days after the end of each fiscal year, a report
4 concerning its implementation of the Domestic Abuse Project
5 during each fiscal year, together with any recommendations
6 for future implementation.
7 (Source: P.A. 87-658.)
8 (20 ILCS 2435/65) (from Ch. 23, par. 3395-65)
9 (Text of Section before amendment by P.A. 89-507)
10 Sec. 65. Implementation. The Department shall implement
11 this Act as appropriated funds become available. Pending
12 full implementation, when the Department or the Department of
13 Mental Health and Developmental Disabilities receives a
14 report of an abused, neglected, or exploited adult who is
15 eligible for its programs, it shall take reasonable steps to
16 provide protection.
17 (Source: P.A. 87-658.)
18 (Text of Section after amendment by P.A. 89-507)
19 Sec. 65. Implementation. The Commission Department
20 shall implement this Act as appropriated funds become
21 available. Pending full implementation, when the Department
22 of Human Services receives a report of an abused, neglected,
23 or exploited adult who is eligible for its programs, it shall
24 take reasonable steps to provide protection.
25 (Source: P.A. 89-507, eff. 7-1-97.)
26 Section 95. No acceleration or delay. Where this Act
27 makes changes in a statute that is represented in this Act by
28 text that is not yet or no longer in effect (for example, a
29 Section represented by multiple version), the use of that
30 text does not accelerate or delay the taking effect of (i)
31 the changes made by this Act or (ii) provisions derived from
32 any other Public Act.