(320 ILCS 20/2) (from Ch. 23, par. 6602)
(Text of Section from P.A. 93‑281)
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 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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(2) A "life care facility" as defined in the Life
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(3) A home, institution, or other place operated by
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the federal government or agency thereof or by the State of Illinois;
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(4) A hospital, sanitarium, or other institution,
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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
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Community Living Facilities Licensing Act;
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(6) A "community residential alternative" as defined
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in the Community Residential Alternatives Licensing Act; and
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(7) A "community‑integrated living arrangement" as
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defined in the Community‑Integrated Living Arrangements Licensure and Certification Act.
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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.
(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
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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;
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(2) an employee of a vocational rehabilitation
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facility prescribed or supervised by the Department of Human Services;
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(3) an administrator, employee, or person providing
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services in or through an unlicensed community based facility;
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(4) a Christian Science Practitioner;
(5) field personnel of the Department of Public Aid,
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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,
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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
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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; or
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(8) a person who performs the duties of a coroner or
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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 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.
(j) "Substantiated case" means a reported case of alleged or suspected
abuse, neglect, or financial exploitation in which a provider agency,
after assessment, determines that there is reason to believe abuse,
neglect, or financial exploitation has occurred.
(Source: P.A. 91‑259, eff. 1‑1‑00; 91‑357, eff. 7‑29‑99;
91‑533, eff. 8‑13‑99; 92‑16, eff. 6‑28‑01; 93‑281, eff. 12‑31‑03.)
(Text of Section from P.A. 93‑300)
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 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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(2) A "life care facility" as defined in the Life
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(3) A home, institution, or other place operated by
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the federal government or agency thereof or by the State of Illinois;
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(4) A hospital, sanitarium, or other institution,
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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
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Community Living Facilities Licensing Act;
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(6) A "community residential alternative" as defined
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in the Community Residential Alternatives Licensing Act; and
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(7) A "community‑integrated living arrangement" as
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defined in the Community‑Integrated Living Arrangements Licensure and Certification Act.
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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.
(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
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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 1994, and the Illinois Public Accounting Act;
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(2) an employee of a vocational rehabilitation
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facility prescribed or supervised by the Department of Human Services;
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(3) an administrator, employee, or person providing
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services in or through an unlicensed community based facility;
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(4) a Christian Science Practitioner;
(5) field personnel of the Department of Public Aid,
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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,
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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
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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
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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 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.
(j) "Substantiated case" means a reported case of alleged or suspected
abuse, neglect, or financial exploitation 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; 93‑300, eff. 1‑1‑04; 93‑300, eff.
1‑1‑04.)
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(320 ILCS 20/3.5)
(Text of Section from P.A. 93‑300)
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 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, 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 Criminal Justice Information Authority, the
Departments of Public Health, Public Aid, and Human Services, the Family
Violence Coordinating Council, the Violence Prevention Authority, and other
entities which may impact awareness of, and response to, elder abuse, neglect,
and financial exploitation;
(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) establishment and coordination of an aggressive
training program about the unique nature of elder abuse
cases with other agencies, councils, and like entities,
including but not limited to the Office of the Attorney
General, the State Police, the Illinois Law Enforcement Training
Standards Board, the State Triad, the 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 that may impact awareness of, and
response to, elder abuse, neglect, and financial
exploitation;
(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) coordination of efforts with utility
companies to send notices in utility bills which explain
elder rights regarding telemarketing home repair frauds.
(Source: P.A. 92‑16, eff. 6‑28‑01; 93‑300, eff. 1‑1‑04.)
(Text of Section from P.A. 93‑301)
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 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, 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;
(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 a training program on the unique
nature of elder abuse cases 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 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;
(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 efforts with utility and electric companies to send
notices in utility bills to explain to persons 60 years of age or older
their rights regarding telemarketing and home repair fraud.
(Source: P.A. 92‑16, eff. 6‑28‑01; 93‑301, eff. 1‑1‑04.)
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(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 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.)
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(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 |
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to an eligible adult or freezing the assets of an eligible adult in the circuit court;
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(2) in conjunction with other civil proceedings, by
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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:
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(i) a guardianship proceeding under the Probate
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(ii) a proceeding for involuntary commitment
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under the Mental Health and Developmental Disabilities Code;
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(iii) any other proceeding, provided that the
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eligible adult or the respondent is a party to or the subject of that proceeding.
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(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
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in open court in pending civil or criminal cases.
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(2) Mailing to the defendant, or, if represented, to
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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.
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(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.)
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