There Is a Newer Version of the Illinois Compiled Statutes
2005 Illinois Code - Chapter 320 Aging 320 ILCS 20/ Elder Abuse and Neglect Act.
(320 ILCS 20/1) (from Ch. 23, par. 6601)
Sec. 1.
Short title.
This Act shall be known and may be cited as the
"Elder Abuse and Neglect Act".
(Source: P.A. 85‑1184.)
|
(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 | ||
|
||
(2) A "life care facility" as defined in the Life | ||
|
||
(3) A home, institution, or other place operated by | ||
|
||
(4) A hospital, sanitarium, or other institution, | ||
|
||
(5) A "community living facility" as defined in the | ||
|
||
(6) A "community residential alternative" as defined | ||
|
||
(7) A "community‑integrated living arrangement" as | ||
|
||
(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 | ||
|
||
(2) an employee of a vocational rehabilitation | ||
|
||
(3) an administrator, employee, or person providing | ||
|
||
(4) a Christian Science Practitioner;
(5) field personnel of the Department of Public Aid, | ||
|
||
(6) personnel of the Department of Human Services, | ||
|
||
(7) any employee of the State of Illinois not | ||
|
||
(8) a person who performs the duties of a coroner or | ||
|
||
(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 | ||
|
||
(2) A "life care facility" as defined in the Life | ||
|
||
(3) A home, institution, or other place operated by | ||
|
||
(4) A hospital, sanitarium, or other institution, | ||
|
||
(5) A "community living facility" as defined in the | ||
|
||
(6) A "community residential alternative" as defined | ||
|
||
(7) A "community‑integrated living arrangement" as | ||
|
||
(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 | ||
|
||
(2) an employee of a vocational rehabilitation | ||
|
||
(3) an administrator, employee, or person providing | ||
|
||
(4) a Christian Science Practitioner;
(5) field personnel of the Department of Public Aid, | ||
|
||
(6) personnel of the Department of Human Services, | ||
|
||
(7) any employee of the State of Illinois not | ||
|
||
(8) a person who performs the duties of a coroner or | ||
|
||
(9) a person who performs the duties of a paramedic | ||
|
||
(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.)
|
(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. 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,
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.
(Source: P.A. 90‑628, eff. 1‑1‑99.)
|
(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.)
|
(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.)
|
(320 ILCS 20/4.1)
Sec. 4.1.
Employer discrimination.
No employer shall discharge,
demote or suspend, or threaten to discharge, demote or suspend, or in any
manner discriminate against any employee who makes any good faith oral or
written report of suspected elder abuse, neglect, or financial exploitation or
who is or will be a
witness or testify in any investigation or proceeding concerning a report
of suspected elder abuse, neglect, or financial exploitation.
(Source: P.A. 90‑628, eff. 1‑1‑99.)
|
(320 ILCS 20/4.2)
Sec. 4.2.
Testimony by mandated reporter and investigator.
Any mandated
reporter who makes a report or any person who
investigates a report under
this Act shall testify fully in any judicial proceeding resulting from such
report, as to any evidence of abuse, neglect, or financial exploitation or the
cause thereof. Any
mandated reporter who is required to report a suspected case of abuse, neglect,
or
financial exploitation under
Section 4 of this Act shall testify fully in any administrative hearing
resulting from such report, as to any evidence of abuse, neglect, or financial
exploitation or the
cause thereof. No evidence shall be excluded by reason of any common law
or statutory privilege relating to communications between the alleged
abuser or the eligible adult subject of the report
under
this Act and the person making or investigating the report.
(Source: P.A. 90‑628, eff. 1‑1‑99.)
|
(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 under
this Act shall, upon
receiving such a report, conduct a face‑to‑face assessment with respect to
such report. 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.
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.
(Source: P.A. 90‑628, eff. 1‑1‑99.)
|
(320 ILCS 20/6) (from Ch. 23, par. 6606)
Sec. 6.
Time.
The Department shall by rule establish the period of
time within which an assessment shall begin and within which a
service care plan shall be implemented. Such rules shall provide for an
expedited response to emergency situations.
(Source: P.A. 85‑1184.)
|
(320 ILCS 20/7) (from Ch. 23, par. 6607)
(Text of Section from P.A. 93‑300)
Sec. 7.
Review.
All services provided to an eligible adult shall be
reviewed by the provider agency on at least a quarterly basis for up to
one year to determine whether the service care plan should be
continued or modified, except that the
Department on Aging, upon review, may grant a waiver to extend the service care
plan for up to an additional one year period.
(Source: P.A. 90‑628, eff. 1‑1‑99; 93‑300, eff. 1‑1‑04.)
(Text of Section from P.A. 93‑301)
Sec. 7.
Review.
All services provided to an eligible adult shall be
reviewed by the provider agency on at least a quarterly basis for up to
one year
to determine whether the service care plan should be
continued or modified, except that, upon review, the Department may grant a
waiver to extend the
service care
plan for up to one additional year.
(Source: P.A. 90‑628, eff. 1‑1‑99; 93‑301, eff. 1‑1‑04.)
|
(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 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. 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 as contained in
such records, shall be 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 in the furtherance of their
responsibilities under this Act;
(2) A law enforcement agency investigating known or suspected
elder abuse, neglect, or financial exploitation. 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 who has been
referred to the Elder Abuse and Neglect Program;
(4) An eligible adult reported to be abused,
neglected, or financially exploited, or such adult's guardian unless such
guardian is the abuser or the alleged abuser;
(5) 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;
(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. 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 occurred, authorizing
an
assessment of a report of alleged or suspected abuse, neglect, or
financial exploitation or the provision of necessary services, or
both,
including relief available under the Illinois Domestic Violence Act of 1986.
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.
(Source: P.A. 90‑628, eff. 1‑1‑99.)
|
(320 ILCS 20/9.5)
Sec. 9.5.
Commencement of action for ex parte
authorization orders; filing fees; process.
(a) Actions for ex parte authorization orders are
commenced:
(1) independently, by filing a petition for an ex | ||
|
||
(2) in conjunction with other civil proceedings, by | ||
|
||
(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 a petition, rule,
motion, or order in an action commenced under this Section.
(c) Any action for an ex parte authorization order
commenced independently is a distinct cause of action and
requires that a separate summons be issued and served.
Service of summons is not required prior to entry of
emergency ex parte authorization orders.
(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.
(Source: P.A. 91‑731, eff. 6‑2‑00.)
|
(320 ILCS 20/10) (from Ch. 23, par. 6610)
Sec. 10.
Rules.
The Department shall adopt such rules and
regulations as it deems necessary to implement this Act.
(Source: P.A. 85‑1184.)
|
(320 ILCS 20/11) (from Ch. 23, par. 6611)
Sec. 11.
Annual Reports.
The Department shall file with the Governor
and the General Assembly, within 270 days after the end of each
fiscal year,
a report concerning its implementation of this Act during such fiscal year,
together with any recommendations for future implementation.
(Source: P.A. 90‑628, eff. 1‑1‑99.)
|
(320 ILCS 20/12) (from Ch. 23, par. 6612)
Sec. 12.
(Repealed).
(Source: P.A. 85‑1184. Repealed by P.A. 90‑628, eff. 1‑1‑99.)
|
(320 ILCS 20/13)
Sec. 13.
Access.
(a) 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 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 | ||
|
||
(2) the agency has reason to believe that the | ||
|
||
(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.)
|
(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 | ||
|
||
(2) in conjunction with other civil proceedings, by | ||
|
||
(i) a guardianship proceeding under the Probate | ||
|
||
(ii) a proceeding for involuntary commitment | ||
|
||
(iii) any other proceeding, provided that the | ||
|
||
(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 | ||
|
||
(2) Mailing to the defendant, or, if represented, to | ||
|
||
(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 20/14)
Sec. 14.
Volunteer corps.
Qualified volunteers may be used for the purposes of increasing public awareness and providing companion‑type services, as prescribed by rule, to eligible adults. A qualified volunteer must undergo training as prescribed by the Department by rule and must adhere to all confidentiality requirements as required by law.
(Source: P.A. 94‑431, eff. 8‑2‑05.)
Disclaimer: These codes may not be the most recent version. Illinois may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.