(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, 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
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| of the Nursing Home Care Act; |
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(1.5) A facility licensed under the MR/DD Community |
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(2) A "life care facility" as defined in the Life |
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(3) A home, institution, or other place operated by |
| the federal government or agency thereof or by the State of Illinois; |
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(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; |
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(5) A "community living facility" as defined in the |
| Community Living Facilities Licensing Act; |
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(6) (Blank);
(7) A "community‑integrated living arrangement" as |
| defined in the Community‑Integrated Living Arrangements Licensure and Certification Act; |
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(8) An assisted living or shared housing |
| establishment as defined in the Assisted Living and Shared Housing Act; or |
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(9) A supportive living facility as described in |
| Section 5‑5.01a of the Illinois Public Aid Code. |
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(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 Nurse Practice 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, 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; |
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(2) an employee of a vocational rehabilitation |
| facility prescribed or supervised by the Department of Human Services; |
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(3) an administrator, employee, or person providing |
| services in or through an unlicensed community based facility; |
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(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; |
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(5) field personnel of the Department of Healthcare |
| and Family Services, Department of Public Health, and Department of Human Services, and any county or municipal health department; |
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(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; |
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(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; |
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(8) a person who performs the duties of a coroner or |
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(9) a person who performs the duties of a paramedic |
| or an emergency medical technician. |
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(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 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. The term includes compulsive hoarding, which is characterized by the acquisition and retention of large quantities of items and materials that produce an extensively cluttered living space, which significantly impairs the performance of essential self‑care tasks or otherwise substantially threatens life or safety.
(j) "Substantiated case" means a reported case of alleged or suspected abuse, neglect, 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. 95‑639, eff. 10‑5‑07; 95‑689, eff. 10‑29‑07; 95‑876, eff. 8‑21‑08; 96‑339, eff. 7‑1‑10; 96‑526, eff. 1‑1‑10; 96‑572, eff. 1‑1‑10; 96‑1000, eff. 7‑2‑10.) |
(320 ILCS 20/8)
(from Ch. 23, par. 6608)
Sec. 8.
Access to records.
All records concerning reports of elder abuse, neglect, 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 to such records, but not access to the identity of the person or persons making a report of alleged abuse, neglect, financial exploitation, or self‑neglect as contained in such records, shall be provided, upon request, 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, 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, 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, financially exploited, or self‑neglected, or such adult's authorized guardian or agent, unless such guardian or agent is the abuser or the alleged abuser; | |
(4.5) An executor or administrator of the estate of |
| an eligible adult who is deceased; | |
(5) In cases regarding elder abuse, neglect, or |
| financial exploitation, 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 |
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(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, financial exploitation, or self‑neglect. The provider agency shall immediately provide the coroner or medical examiner with all records pertaining to the eligible adult; | |
(8.5) A coroner or medical examiner having proper |
| jurisdiction, pursuant to a written agreement between a provider agency and the coroner or medical examiner, under which the provider agency may furnish to the office of the coroner or medical examiner a list of all eligible adults who may be at imminent risk of death as a result of abuse, neglect, financial exploitation, or self‑neglect; 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. 96‑526, eff. 1‑1‑10.) |
(320 ILCS 20/13.5)
Sec. 13.5. Commencement of action for access; filing fees; process; notice; duration of orders.
(a) Actions for orders seeking access to an eligible adult or freezing assets of an eligible adult are commenced:
(1) independently, by filing a petition for access |
| to an eligible adult or freezing the assets of an eligible adult in the circuit court; | |
(2) in conjunction with other civil proceedings, by |
| filing a petition for access to an eligible adult or freezing the assets of an eligible adult under the same case number as another civil proceeding involving the parties, including, but not limited to: | |
(i) a guardianship proceeding under the Probate |
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(ii) a proceeding for involuntary commitment |
| under the Mental Health and Developmental Disabilities Code; | |
(iii) any other proceeding, provided that the |
| eligible adult or the respondent is a party to or the subject of that proceeding. | |
(b) No fee shall be charged by the clerk for filing petitions or certifying orders. No fee shall be charged by a sheriff for service by the sheriff of such a petition, rule, motion, or order in an action commenced under this Section.
(c) Any action for an order for access to an eligible adult or freezing assets of an eligible adult, whether commenced independently or in conjunction with another proceeding, is a distinct cause of action and requires that a separate summons be issued and served, except that in pending cases the following methods may be used:
(1) Delivery of the summons to respondent personally |
| in open court in pending civil or criminal cases. | |
(2) Mailing to the defendant, or, if represented, to |
| the defendant's attorney of record in the civil cases in which the defendant has filed a general appearance. The summons shall be in the form prescribed by subsection (d) of Supreme Court Rule 101, except that it shall require the respondent to answer or appear within 7 days. Attachments to the summons or notice shall include the petition for access to an eligible adult or freezing assets of an eligible adult and supporting affidavits, if any, and any emergency order for access to an eligible adult or freezing assets of an eligible adult that has been issued. | |
(d) Summons may be served by a private person over 18 years of age and not a party to the action. The return by that private person shall be by affidavit. The summons may be served by a sheriff or other law enforcement officer, and if summons is placed for service by the sheriff, it shall be made at the earliest time practicable and shall take precedence over other summonses except those of a similar emergency nature.
(e) Except as otherwise provided in this Section, notice of hearings on petitions or motions shall be served in accordance with Supreme Court Rules 11 and 12 unless notice is excused by the Code of Civil Procedure, Supreme Court Rules, or local rules, as now or hereafter amended.
(f) Original notice of a hearing on a petition for access to an eligible adult or freezing assets of an eligible adult may be given, and the documents served, in accordance with Supreme Court Rules 11 and 12. When, however, an emergency order is sought in such a case on an ex parte application, the notice rules set forth in Section 11‑101 of the Code of Civil Procedure shall apply.
(g) An order entered in accordance with Sections 13 and 13.5 shall be valid for a fixed period of time, not to exceed 2 years.
(Source: P.A. 91‑731, eff. 6‑2‑00.) |
(320 ILCS 20/15)
Sec. 15.
Elder abuse fatality review teams.
(a) In this Section, "review team" means a regional interagency elder abuse fatality review team established under this Section.
(b) The Department, or any other State or county agency with Department approval, may establish regional interagency elder abuse fatality review teams (i) to assist local agencies in identifying and reviewing suspicious deaths of elderly victims of alleged, suspected, or substantiated abuse or neglect in domestic living situations and (ii) to facilitate communications between officials responsible for autopsies and inquests and persons involved in reporting or investigating alleged or suspected cases of abuse, neglect, or financial exploitation of persons 60 years of age or older. Each such team shall be composed of representatives of entities and individuals including, but not limited to, the Department on Aging, coroners or medical examiners (or both), State's Attorneys, local police departments, forensic units, and providers of services for persons 60 years of age or older in domestic living situations.
(c) A review team shall review cases of deaths of persons 60 years of age or older in domestic living situations (i) involving blunt force trauma or an undetermined manner or suspicious cause of death, (ii) if requested by the deceased's attending physician, (iii) upon referral by a health care provider, or (iv) constituting an open or closed case from a senior protective services agency, law enforcement agency, or State's Attorney's office that involves alleged or suspected abuse, neglect, or financial exploitation. A team may also review other cases of deaths of persons 60 years of age or older if the alleged abuse or neglect occurred while the person was residing in a domestic living situation.
A review team shall meet not less than 6 times a year to discuss cases for its possible review. Each review team, with the advice and consent of the Department, shall establish criteria to be used by review teams in discussing cases of alleged, suspected, or substantiated abuse or neglect for review.
(d) Any document or oral or written communication shared within or produced by a review team relating to a case discussed or reviewed by the review team is confidential and is not subject to disclosure to or discoverable by another party.
Any document or oral or written communication provided to
| a review team by an individual or entity, and created by that individual or entity solely for the use of the review team, is confidential and is not subject to disclosure to or discoverable by another party. | |
Each entity or individual represented on an elder abuse fatality review team may share with other members of the team information in the entity's or individual's possession concerning the decedent who is the subject of the review or concerning any person who was in contact with the decedent, as well as any other information deemed by the entity or individual to be pertinent to the review. Any such information shared by an entity or individual with other members of a team is confidential. The intent of this paragraph is to permit the disclosure to members of a team of any information deemed confidential or privileged or prohibited from disclosure by any other provision of law. Release of confidential communication between domestic violence advocates and a domestic violence victim shall follow subsection (d) of Section 227 of the Illinois Domestic Violence Act of 1986 which allows for the waiver of privilege afforded to guardians, executors, or administrators of the estate of the domestic violence victim. This provision relating to the release of confidential communication between domestic violence advocates and a domestic violence victim shall exclude adult protective service providers.
A coroner's or medical examiner's office may share with a |
| review team medical records that have been made available to the coroner's or medical examiner's office in connection with that office's investigation of a death. | |
(e) A review team's recommendation in relation to a case |
| discussed or reviewed by the review team, including, but not limited to, a recommendation concerning an investigation or prosecution in relation to such a case, may be disclosed by the review team upon the completion of its review and at the discretion of a majority of its members who reviewed the case. | |
(f) The Department, in consultation with coroners, |
| medical examiners, and law enforcement agencies, shall use aggregate data gathered by review teams and review teams' recommendations to create an annual report and may use those data and recommendations to develop education, prevention, prosecution, or other strategies designed to improve the coordination of services for persons 60 years of age or older and their families. The Department or other State or county agency, in consultation with coroners, medical examiners, and law enforcement agencies, also may use aggregate data gathered by review teams to create a database of at‑risk individuals. | |
(Source: P.A. 95‑402, eff. 6‑1‑08 .) |