|
||||
Public Act 094-1064 |
||||
| ||||
| ||||
AN ACT in relation to aging.
| ||||
Be it enacted by the People of the State of Illinois,
| ||||
represented in the General Assembly:
| ||||
Section 5. The Elder Abuse and Neglect Act is amended by | ||||
changing Sections 2, 3, 3.5, 4, 5, 8, 9, and 13 as follows:
| ||||
(320 ILCS 20/2) (from Ch. 23, par. 6602)
| ||||
Sec. 2. Definitions. As used in this Act, unless the | ||||
context
requires otherwise:
| ||||
(a) "Abuse" means causing any physical, mental or sexual | ||||
injury to an
eligible adult, including exploitation of such | ||||
adult's financial resources.
| ||||
Nothing in this Act shall be construed to mean that an | ||||
eligible adult is a
victim of abuse ,
or neglect , or | ||||
self-neglect for the sole reason that he or she is being
| ||||
furnished with or relies upon treatment by spiritual means | ||||
through prayer
alone, in accordance with the tenets and | ||||
practices of a recognized church
or religious denomination.
| ||||
Nothing in this Act shall be construed to mean that an | ||||
eligible adult is a
victim of abuse because of health care | ||||
services provided or not provided by
licensed health care | ||||
professionals.
| ||||
(a-5) "Abuser" means a person who abuses, neglects, or | ||||
financially
exploits an eligible adult.
| ||||
(a-7) "Caregiver" means a person who either as a result of | ||||
a family
relationship, voluntarily, or in exchange for | ||||
compensation has assumed
responsibility for all or a portion of | ||||
the care of an eligible adult who needs
assistance with | ||||
activities of daily
living.
| ||||
(b) "Department" means the Department on Aging of the State | ||||
of Illinois.
| ||||
(c) "Director" means the Director of the Department.
| ||||
(d) "Domestic living situation" means a residence where the |
eligible
adult lives alone or with his or her family or a | ||
caregiver, or others,
or a board and care home or other | ||
community-based unlicensed facility, but
is not:
| ||
(1) A licensed facility as defined in Section 1-113 of | ||
the Nursing Home
Care Act;
| ||
(2) A "life care facility" as defined in the Life Care | ||
Facilities Act;
| ||
(3) A home, institution, or other place operated by the | ||
federal
government or agency thereof or by the State of | ||
Illinois;
| ||
(4) A hospital, sanitarium, or other institution, the | ||
principal activity
or business of which is the diagnosis, | ||
care, and treatment of human illness
through the | ||
maintenance and operation of organized facilities | ||
therefor,
which is required to be licensed under the | ||
Hospital Licensing Act;
| ||
(5) A "community living facility" as defined in the | ||
Community Living
Facilities Licensing Act;
| ||
(6) A "community residential alternative" as defined | ||
in the Community
Residential Alternatives Licensing Act; | ||
and
| ||
(7) A "community-integrated living arrangement" as | ||
defined in
the Community-Integrated Living Arrangements | ||
Licensure and Certification Act ; .
| ||
(8) An assisted living or shared housing establishment | ||
as defined in the Assisted Living and Shared Housing Act; | ||
or
| ||
(9) A supportive living facility as described in | ||
Section 5-5.01a of the Illinois Public Aid Code.
| ||
(e) "Eligible adult" means a person 60 years of age or | ||
older who
resides in a domestic living situation and is, or is | ||
alleged
to be, abused, neglected, or financially exploited by | ||
another individual or who neglects himself or herself .
| ||
(f) "Emergency" means a situation in which an eligible | ||
adult is living
in conditions presenting a risk of death or | ||
physical, mental or sexual
injury and the provider agency has |
reason to believe the eligible adult is
unable to
consent to | ||
services which would alleviate that risk.
| ||
(f-5) "Mandated reporter" means any of the following | ||
persons
while engaged in carrying out their professional | ||
duties:
| ||
(1) a professional or professional's delegate while | ||
engaged in: (i) social
services, (ii) law enforcement, | ||
(iii) education, (iv) the care of an eligible
adult or | ||
eligible adults, or (v) any of the occupations required to | ||
be licensed
under
the Clinical Psychologist Licensing Act, | ||
the Clinical Social Work and Social
Work Practice Act, the | ||
Illinois Dental Practice Act, the Dietetic and Nutrition
| ||
Services Practice Act, the Marriage and Family Therapy | ||
Licensing Act, the
Medical Practice Act of 1987, the | ||
Naprapathic Practice Act, the
Nursing and Advanced | ||
Practice Nursing Act, the Nursing Home
Administrators | ||
Licensing and
Disciplinary Act, the Illinois Occupational | ||
Therapy Practice Act, the Illinois
Optometric Practice Act | ||
of 1987, the Pharmacy Practice Act of 1987, the
Illinois | ||
Physical Therapy Act, the Physician Assistant Practice Act | ||
of 1987,
the Podiatric Medical Practice Act of 1987, the | ||
Respiratory Care Practice
Act,
the Professional Counselor | ||
and
Clinical Professional Counselor Licensing Act, the | ||
Illinois Speech-Language
Pathology and Audiology Practice | ||
Act, the Veterinary Medicine and Surgery
Practice Act of | ||
2004, and the Illinois Public Accounting Act;
| ||
(2) an employee of a vocational rehabilitation | ||
facility prescribed or
supervised by the Department of | ||
Human Services;
| ||
(3) an administrator, employee, or person providing | ||
services in or through
an unlicensed community based | ||
facility;
| ||
(4) any religious practitioner who provides treatment | ||
by prayer or spiritual means alone in accordance with the | ||
tenets and practices of a recognized church or religious | ||
denomination, except as to information received in any |
confession or sacred communication enjoined by the | ||
discipline of the religious denomination to be held | ||
confidential
a Christian Science Practitioner ;
| ||
(5) field personnel of the Department of Healthcare and | ||
Family Services
Public Aid , Department of Public
Health, | ||
and Department of Human Services, and any county or
| ||
municipal health department;
| ||
(6) personnel of the Department of Human Services, the | ||
Guardianship and
Advocacy Commission, the State Fire | ||
Marshal, local fire departments, the
Department on Aging | ||
and its subsidiary Area Agencies on Aging and provider
| ||
agencies, and the Office of State Long Term Care Ombudsman;
| ||
(7) any employee of the State of Illinois not otherwise | ||
specified herein
who is involved in providing services to | ||
eligible adults, including
professionals providing medical | ||
or rehabilitation services and all
other persons having | ||
direct contact with eligible adults;
| ||
(8) a person who performs the duties of a coroner
or | ||
medical examiner; or
| ||
(9) a person who performs the duties of a paramedic or | ||
an emergency
medical
technician.
| ||
(g) "Neglect" means
another individual's failure to | ||
provide an eligible
adult with or willful withholding from an | ||
eligible adult the necessities of
life including, but not | ||
limited to, food, clothing, shelter or health
medical care.
| ||
This subsection does not create any new affirmative duty to | ||
provide support to
eligible adults. Nothing in this Act shall | ||
be construed to mean that an
eligible adult is a victim of | ||
neglect because of health care services provided
or not | ||
provided by licensed health care professionals.
| ||
(h) "Provider agency" means any public or nonprofit agency | ||
in a planning
and service area appointed by the regional | ||
administrative agency with prior
approval by the Department on | ||
Aging to receive and assess reports of
alleged or suspected | ||
abuse, neglect, or financial exploitation.
| ||
(i) "Regional administrative agency" means any public or |
nonprofit
agency in a planning and service area so designated | ||
by the Department,
provided that the designated Area Agency on | ||
Aging shall be designated the
regional administrative agency if | ||
it so requests.
The Department shall assume the functions of | ||
the regional administrative
agency for any planning and service | ||
area where another agency is not so
designated.
| ||
(i-5) "Self-neglect" means a condition that is the result | ||
of an eligible adult's inability, due to physical or mental | ||
impairments, or both, or a diminished capacity, to perform | ||
essential self-care tasks that substantially threaten his or | ||
her own health, including: providing essential food, clothing, | ||
shelter, and health care; and obtaining goods and services | ||
necessary to maintain physical health, mental health, | ||
emotional well-being, and general safety.
| ||
(j) "Substantiated case" means a reported case of alleged | ||
or suspected
abuse, neglect, or financial exploitation , or | ||
self-neglect in which a provider agency,
after assessment, | ||
determines that there is reason to believe abuse,
neglect, or | ||
financial exploitation has occurred.
| ||
(Source: P.A. 92-16, eff. 6-28-01; 93-281 eff. 12-31-03; | ||
93-300, eff. 1-1-04;
revised 12-15-05.)
| ||
(320 ILCS 20/3) (from Ch. 23, par. 6603)
| ||
Sec. 3. Responsibilities.
| ||
(a) The Department shall establish,
design and manage a | ||
program of response and services for persons 60 years
of age | ||
and
older who have been, or are alleged to be, victims of | ||
abuse, neglect, or financial exploitation , or self-neglect . | ||
The Department
shall contract with or fund or, contract with | ||
and fund, regional
administrative
agencies, provider
agencies, | ||
or both, for the provision of those
functions, and, contingent | ||
on adequate funding, with attorneys or legal
services provider | ||
agencies for the
provision of legal assistance pursuant to this | ||
Act.
| ||
(b) Each regional administrative agency shall designate | ||
provider
agencies within its planning and service area with |
prior approval by the
Department on Aging, monitor the use of | ||
services, provide technical
assistance to the provider | ||
agencies and be involved in program development
activities.
| ||
(c) Provider agencies shall assist, to the extent possible, | ||
eligible
adults who need agency
services to allow them to | ||
continue to function independently. Such
assistance shall | ||
include but not be limited to receiving reports of alleged
or | ||
suspected abuse, neglect, or financial exploitation,
or | ||
self-neglect, conducting face-to-face assessments of
such | ||
reported cases, determination of substantiated cases, referral | ||
of
substantiated cases for necessary support services,
| ||
referral of criminal conduct to law enforcement in accordance | ||
with Department
guidelines,
and provision of case
work and | ||
follow-up services on substantiated cases.
| ||
(d) By January 1, 2008, the Department on Aging, in | ||
cooperation with an Elder Self-Neglect Steering Committee, | ||
shall by rule develop protocols, procedures, and policies for | ||
(i) responding to reports of possible self-neglect, (ii) | ||
protecting the autonomy, rights, privacy, and privileges of | ||
adults during investigations of possible self-neglect and | ||
consequential judicial proceedings regarding competency, (iii) | ||
collecting and sharing relevant information and data among the | ||
Department, provider agencies, regional administrative | ||
agencies, and relevant seniors, (iv) developing working | ||
agreements between provider agencies and law enforcement, | ||
where practicable, and (v) developing procedures for | ||
collecting data regarding incidents of self-neglect. The Elder | ||
Self-Neglect Steering Committee shall be comprised of one | ||
person selected by the Elder Abuse Advisory Committee of the | ||
Department on Aging; 3 persons selected, on the request of the | ||
Director of Aging, by State or regional organizations that | ||
advocate for the rights of seniors, at least one of whom shall | ||
be a legal assistance attorney who represents seniors in | ||
competency proceedings; 2 persons selected, on the request of | ||
the Director of Aging, by statewide organizations that | ||
represent social workers and other persons who provide direct |
intervention and care to housebound seniors who are likely to | ||
neglect themselves; an expert on geropsychiatry, appointed by | ||
the Secretary of Human Services; an expert on issues of | ||
physical health associated with seniors, appointed by the | ||
Director of Public Health; one representative of a law | ||
enforcement agency; one representative of the Chicago | ||
Department on Aging; and 3 other persons selected by the | ||
Director of Aging, including an expert from an institution of | ||
higher education who is familiar with the relevant areas of | ||
data collection and study.
| ||
(Source: P.A. 90-628, eff. 1-1-99.)
| ||
(320 ILCS 20/3.5)
| ||
Sec. 3.5. Other Responsibilities. The Department shall | ||
also be
responsible for the following activities, contingent | ||
upon adequate funding:
| ||
(a) promotion of a wide range of endeavors for the purpose | ||
of preventing
elder abuse, neglect, and financial | ||
exploitation , and self-neglect in both domestic and
| ||
institutional settings, including, but not limited to, | ||
promotion of public
and professional education to increase | ||
awareness of elder abuse, neglect,
and financial exploitation, | ||
and self-neglect, to increase reports, and to improve response | ||
by
various legal, financial, social, and health systems;
| ||
(b) coordination of efforts with other agencies, councils, | ||
and like
entities, to include but not be limited to, the Office | ||
of the Attorney General,
the State Police, the Illinois Law | ||
Enforcement Training Standards
Board, the State Triad, the | ||
Illinois Criminal Justice Information
Authority, the
| ||
Departments of Public Health, Public Aid, and Human Services, | ||
the Family
Violence Coordinating Council, the Illinois | ||
Violence Prevention Authority,
and other
entities which may | ||
impact awareness of, and response to, elder abuse, neglect,
and
| ||
financial exploitation , and self-neglect ;
| ||
(c) collection and analysis of data;
| ||
(d) monitoring of the performance of regional |
administrative agencies and
elder abuse provider agencies;
| ||
(e) promotion of prevention activities;
| ||
(f) establishing and coordinating establishment and | ||
coordination of a an aggressive training program on about the | ||
unique
nature of elder abuse cases with other agencies, | ||
councils, and like entities,
to include including but not be | ||
limited to the Office of the Attorney General, the
State | ||
Police, the Illinois Law Enforcement Training Standards Board, | ||
the
State Triad, the Illinois Criminal Justice Information | ||
Authority, the State
Departments of Public Health, Public Aid, | ||
and Human Services, the Family
Violence Coordinating Council, | ||
the Illinois Violence Prevention Authority,
and other entities | ||
that may impact awareness of , and response to , elder
abuse, | ||
neglect, and financial exploitation , and self-neglect ;
| ||
(g) solicitation of financial institutions for the purpose | ||
of making
information available to the general public warning | ||
of financial exploitation
of the elderly and related financial | ||
fraud or abuse, including such
information and warnings | ||
available through signage or other written
materials provided | ||
by the Department on the premises of such financial
| ||
institutions, provided that the manner of displaying or | ||
distributing such
information is subject to the sole discretion | ||
of each financial institution;
and
| ||
(h) coordinating coordination of efforts with utility and | ||
electric companies to send
notices in utility bills to which
| ||
explain to persons 60 years of age or older
their elder rights | ||
regarding telemarketing and home repair fraud frauds .
| ||
(Source: P.A. 92-16, eff. 6-28-01; 93-300, eff. 1-1-04; 93-301, | ||
eff. 1-1-04;
revised 1-23-04.)
| ||
(320 ILCS 20/4) (from Ch. 23, par. 6604)
| ||
Sec. 4. Reports of abuse or neglect.
| ||
(a) Any person who suspects the abuse,
neglect, or
| ||
financial exploitation , or self-neglect of an eligible adult | ||
may
report
this suspicion to an agency designated to receive | ||
such
reports under this Act or to the Department.
|
(a-5) If any mandated reporter has reason to believe that | ||
an eligible
adult,
who because of dysfunction is unable to seek | ||
assistance for himself or herself,
has, within the previous 12 | ||
months, been subjected to abuse, neglect, or
financial | ||
exploitation, the mandated reporter shall, within 24 hours | ||
after
developing
such belief, report this suspicion to an | ||
agency designated to receive such
reports under this Act or
to | ||
the Department. Whenever a mandated reporter
is required to | ||
report under this Act in his or her capacity as a member of
the | ||
staff of a medical or other public or private institution, | ||
facility,
board and care home, or agency, he or she shall make | ||
a report
to an agency designated to receive such
reports under | ||
this Act or
to the Department in accordance
with the provisions | ||
of this Act and may also notify the person in charge of
the | ||
institution, facility, board and care home, or agency or his or | ||
her
designated agent that the
report has been made. Under no | ||
circumstances shall any person in charge of
such institution, | ||
facility, board and care home, or agency, or his or her
| ||
designated agent to whom
the notification has been made, | ||
exercise any control, restraint,
modification, or other change | ||
in the report or the forwarding of the report
to an agency | ||
designated to receive such
reports under this Act or
to the | ||
Department. The privileged quality of communication between | ||
any
professional
person required to report
and his or her | ||
patient or client shall not apply to situations involving
| ||
abused, neglected, or financially exploited eligible adults | ||
and shall not
constitute
grounds for failure to
report
as | ||
required by this Act.
| ||
(a-7) A person making a report
under this Act in the belief | ||
that it is in the alleged victim's best
interest shall be | ||
immune from criminal or civil liability or professional
| ||
disciplinary action on account of making the report, | ||
notwithstanding any
requirements concerning the | ||
confidentiality of information with respect to
such eligible | ||
adult which might otherwise be applicable.
| ||
(a-9) Law enforcement officers
shall continue to report |
incidents of alleged abuse pursuant to the
Illinois Domestic | ||
Violence Act of 1986, notwithstanding any requirements
under | ||
this Act.
| ||
(b) Any person, institution or agency participating in the | ||
making of
a report, providing
information or records related to | ||
a report, assessment, or services, or
participating in the | ||
investigation of a report under
this Act in good faith, or | ||
taking photographs or x-rays as a result of an
authorized | ||
assessment, shall have immunity from any civil, criminal or
| ||
other liability in any civil, criminal or other proceeding | ||
brought in
consequence of making such report or assessment or | ||
on account of submitting
or otherwise disclosing such | ||
photographs or x-rays to any agency designated
to receive | ||
reports of alleged or suspected abuse or neglect. Any person,
| ||
institution or agency authorized by the Department to provide | ||
assessment,
intervention, or administrative services under | ||
this Act shall, in the good
faith performance of those | ||
services, have immunity from any civil, criminal
or other | ||
liability in any civil, criminal, or other proceeding brought | ||
as a
consequence of the performance of those services.
For the | ||
purposes of any civil, criminal, or other proceeding, the good | ||
faith
of any person required to report, permitted to report, or | ||
participating in an
investigation of a report of alleged or | ||
suspected abuse, neglect, or
financial exploitation shall be
| ||
presumed.
| ||
(c) The identity of a person making a report of alleged or | ||
suspected
abuse or neglect under this Act may be disclosed by | ||
the Department
or other agency provided for in this Act only | ||
with such person's written
consent or by court order.
| ||
(d) The Department shall by rule establish a system for | ||
filing and
compiling reports made under this Act.
| ||
(e) Any physician who willfully fails to report as required | ||
by this Act
shall be referred to the Illinois State Medical | ||
Disciplinary Board for action
in accordance with subdivision | ||
(A)(22) of Section 22 of the Medical Practice
Act of 1987. Any | ||
dentist or dental hygienist who willfully fails to report as
|
required by this Act shall be referred to the Department of | ||
Professional
Regulation for action in accordance with | ||
paragraph 19 of Section 23 of the
Illinois Dental Practice Act. | ||
Any other mandated reporter required by
this Act to report | ||
suspected abuse, neglect, or financial exploitation who
| ||
willfully fails to report the same is guilty of a Class A | ||
misdemeanor.
| ||
(Source: P.A. 93-300, eff. 1-1-04; 93-301, eff. 1-1-04.)
| ||
(320 ILCS 20/5) (from Ch. 23, par. 6605)
| ||
Sec. 5. Procedure.
| ||
(a) A provider agency designated to receive reports
of | ||
alleged or suspected abuse, neglect, or financial
| ||
exploitation , or self-neglect under
this Act shall, upon
| ||
receiving such a report, conduct a face-to-face assessment with | ||
respect to
such report , in accord with established law and | ||
Department protocols, procedures, and policies . Face-to-face | ||
assessments, casework, and follow-up of reports of | ||
self-neglect by the provider agencies designated to receive | ||
reports of self-neglect shall be subject to sufficient | ||
appropriation for statewide implementation of assessments, | ||
casework, and follow-up of reports of self-neglect. In the | ||
absence of sufficient appropriation for statewide | ||
implementation of assessments, casework, and follow-up of | ||
reports of self-neglect, the designated elder abuse provider | ||
agency shall refer all reports of self-neglect to the | ||
appropriate agency or agencies as designated by the Department | ||
for any follow-up. The assessment shall include, but not be | ||
limited to, a visit
to the residence of the eligible adult who | ||
is the subject of the report and
may include interviews or | ||
consultations with service agencies or
individuals who may have | ||
knowledge of the eligible adult's circumstances.
If, after the | ||
assessment, the provider agency determines that the case is
| ||
substantiated it shall develop a service care plan for the | ||
eligible adult and may report its findings to the appropriate | ||
law enforcement agency in accord with established law and |
Department protocols, procedures, and policies .
In developing | ||
the plan, the provider agency may consult with any other
| ||
appropriate provider of services, and such providers shall be | ||
immune from
civil or criminal liability on account of such | ||
acts. The plan shall
include alternative suggested or | ||
recommended
services which are appropriate to the needs of the | ||
eligible adult and which
involve the least restriction of the | ||
eligible adult's activities
commensurate with his or her needs. | ||
Only those services to which consent
is
provided in accordance | ||
with Section 9 of this Act shall be provided,
contingent upon | ||
the availability of such services.
| ||
(b) A provider agency shall refer evidence of crimes | ||
against an eligible
adult to the appropriate law enforcement | ||
agency according to Department
policies. A referral to law | ||
enforcement may be made at intake or any time
during the case. | ||
Where a provider agency has reason to believe the death of an
| ||
eligible adult may be the result of abuse or neglect, the | ||
agency shall
immediately report the matter to the coroner or | ||
medical examiner and shall
cooperate fully with any subsequent | ||
investigation. | ||
(c) If any person other than the alleged victim refuses to | ||
allow the provider agency to begin
an investigation, interferes | ||
with the provider agency's ability to
conduct an investigation, | ||
or refuses to give access to an eligible
adult, the appropriate | ||
law enforcement agency must be consulted regarding the | ||
investigation.
| ||
(Source: P.A. 90-628, eff. 1-1-99.)
| ||
(320 ILCS 20/8) (from Ch. 23, par. 6608)
| ||
Sec. 8. Access to records. All records concerning reports | ||
of elder abuse,
neglect, and financial exploitation , or | ||
self-neglect and all records generated as a result of
such | ||
reports shall be confidential and shall not be disclosed except | ||
as
specifically authorized by this Act or other applicable law. | ||
In accord with established law and Department protocols, | ||
procedures, and policies, access
Access to such
records, but |
not access to the identity of the person or persons making a
| ||
report of alleged abuse, neglect, or
financial exploitation , or | ||
self-neglect as contained in
such records, shall be provided, | ||
upon request,
allowed to the following persons and for the | ||
following
persons:
| ||
(1) Department staff, provider agency staff, other aging | ||
network staff, and
regional administrative agency staff , | ||
including staff of the Chicago Department on Aging while that | ||
agency is designated as a regional administrative agency, in | ||
the furtherance of their
responsibilities under this Act;
| ||
(2) A law enforcement agency investigating known or | ||
suspected
elder abuse, neglect, or financial exploitation , or | ||
self-neglect . Where a provider
agency has reason to believe | ||
that the
death of an eligible adult may be the result of abuse | ||
or neglect, the agency
shall immediately provide the | ||
appropriate law enforcement agency with all
records pertaining | ||
to the eligible adult;
| ||
(3) A physician who has before him or her or who is | ||
involved
in the treatment of an eligible adult whom he or she | ||
reasonably suspects
may be abused, neglected, or financially | ||
exploited , or self-neglected or who has been
referred to the | ||
Elder Abuse and Neglect Program;
| ||
(4) An eligible adult reported to be abused,
neglected, or
| ||
financially exploited, or self-neglected, or such adult's | ||
guardian unless such
guardian is the abuser or the alleged | ||
abuser;
| ||
(5) In cases regarding elder abuse, neglect, or financial | ||
exploitation, a
A court or a guardian ad litem, upon its or his | ||
or
her finding that access to such records may be
necessary for | ||
the determination of an issue before the court.
However,
such | ||
access shall be limited to an in camera inspection of the | ||
records,
unless the court determines that disclosure of the | ||
information contained
therein is necessary for the resolution | ||
of an issue then pending before it;
| ||
(5.5) In cases regarding self-neglect, a guardian ad litem;
| ||
(6) A grand jury, upon its determination that access to |
such
records is necessary in the conduct of its official | ||
business;
| ||
(7) Any person authorized by the Director, in writing, for
| ||
audit or bona fide research purposes;
| ||
(8) A coroner or medical examiner who has reason to believe
| ||
that an eligible adult has died as the result of abuse, | ||
neglect,
or financial exploitation , or self-neglect . The | ||
provider agency shall immediately provide the
coroner
or | ||
medical examiner with all records pertaining to the eligible | ||
adult; and
| ||
(9) Department of Professional Regulation staff
and | ||
members of the Social Work Examining and Disciplinary Board in | ||
the course
of investigating alleged violations of the Clinical | ||
Social Work and Social Work
Practice Act by provider agency | ||
staff.
| ||
(Source: P.A. 89-387, eff. 8-20-95; 90-628, eff. 1-1-99 .)
| ||
(320 ILCS 20/9) (from Ch. 23, par. 6609)
| ||
Sec. 9. Authority to consent to services.
| ||
(a) If an eligible adult
consents to services being | ||
provided according
to the service care plan, such services | ||
shall be arranged to meet the
adult's needs, based upon the | ||
availability of resources to provide such
services. If an adult | ||
withdraws his or her consent or refuses to accept
such | ||
services, the services shall not be provided.
| ||
(b) If it reasonably appears to the Department or other | ||
agency
designated under this Act that a person is an eligible | ||
adult and lacks the
capacity to consent to necessary services, | ||
including an assessment, the
Department or other agency
may | ||
seek the appointment of a guardian as provided in Article XIa
| ||
of the Probate Act of 1975 for the purpose of consenting to | ||
such services.
| ||
(c) A guardian of the person of an eligible adult may | ||
consent to
services being provided according to the service | ||
care plan. If a guardian
withdraws his or her consent or | ||
refuses to allow services to be provided to
the
eligible adult, |
the Department, an agency designated under this Act, or the
| ||
office of the Attorney General may
request a court order | ||
seeking appropriate remedies, and may
in
addition request | ||
removal of the guardian and appointment of a successor
| ||
guardian.
| ||
(d) If an emergency exists and the Department or other | ||
agency designated
under this Act reasonably believes that a | ||
person is an eligible adult and
lacks the capacity to consent | ||
to necessary services, the Department or
other agency may | ||
request an ex parte order from the circuit court of the
county | ||
in which the petitioner or respondent resides or in which the | ||
alleged
abuse, neglect, or financial exploitation , or | ||
self-neglect occurred, authorizing
an
assessment of a report of | ||
alleged or suspected abuse, neglect, or
financial | ||
exploitation , or self-neglect or the provision of necessary | ||
services, or
both,
including relief available under the | ||
Illinois Domestic Violence Act of 1986 in accord with | ||
established law and Department protocols, procedures, and | ||
policies .
Petitions filed under this subsection shall be | ||
treated as expedited
proceedings.
| ||
(e) Within 15 days after the entry of the ex parte | ||
emergency order, the
order shall expire, or, if the need for | ||
assessment or services continues, the
provider agency shall | ||
petition for the appointment of a guardian as provided in
| ||
Article XIa of the Probate Act of 1975 for the purpose of | ||
consenting to such
assessment or services or to protect the | ||
eligible adult from further harm.
| ||
(f) If the court enters an ex parte order under subsection | ||
(d) for an assessment of a report of alleged or suspected | ||
self-neglect, or for the provision of necessary services in | ||
connection with alleged or suspected self-neglect, or for both, | ||
the court, as soon as is practicable thereafter, shall appoint | ||
a guardian ad litem for the eligible adult who is the subject | ||
of the order, for the purpose of reviewing the reasonableness | ||
of the order. The guardian ad litem shall review the order and, | ||
if the guardian ad litem reasonably believes that the order is |
unreasonable, the guardian ad litem shall file a petition with | ||
the court stating the guardian ad litem's belief and requesting | ||
that the order be vacated.
| ||
(Source: P.A. 90-628, eff. 1-1-99.)
| ||
(320 ILCS 20/13)
| ||
Sec. 13. Access.
| ||
(a) In accord with established law and Department | ||
protocols, procedures, and policies, the
The designated | ||
provider agencies shall have access to
eligible adults who have | ||
been reported or found to be victims of abuse,
neglect, or
| ||
financial exploitation , or self-neglect
in order to assess the | ||
validity of the
report, assess
other needs of the eligible | ||
adult, and provide services in accordance with this
Act.
| ||
(b) Where access to an eligible adult is denied, the Office | ||
of the Attorney
General, the Department, or the provider agency | ||
may petition the court for an
order to require appropriate | ||
access where:
| ||
(1) a caregiver or third party has interfered with the | ||
assessment or
service plan, or
| ||
(2) the agency has reason to believe that the eligible | ||
adult is denying
access because of coercion, extortion, or | ||
justifiable fear of future abuse,
neglect, or financial | ||
exploitation.
| ||
(c) The petition for an order requiring appropriate access | ||
shall be afforded
an expedited hearing in the circuit court.
| ||
(d) If the elder abuse provider agency has substantiated | ||
financial
exploitation against an eligible adult, and has | ||
documented a reasonable belief
that the eligible adult will be | ||
irreparably harmed as a result of the financial
exploitation, | ||
the Office of the Attorney General, the Department, or the
| ||
provider agency may petition for an order freezing the assets | ||
of the eligible
adult. The petition shall be filed in the | ||
county or counties in which the
assets are located. The court's | ||
order shall prohibit the sale, gifting,
transfer, or wasting of | ||
the assets of the eligible adult, both real and
personal, owned |
by, or vested in, the eligible adult, without the express
| ||
permission of the court. The petition to freeze the assets of | ||
the eligible
adult shall be afforded an expedited hearing in | ||
the circuit court.
| ||
(Source: P.A. 90-628, eff. 1-1-99.)
| ||
Section 99. Effective date. This Act takes effect January | ||
1, 2007.
|