2005 Illinois Code - Chapter 20 Executive Branch 20 ILCS 2435/ Abuse of Adults with Disabilities Intervention Act.
(20 ILCS 2435/1) (from Ch. 23, par. 3395‑1)
Sec. 1.
Short title.
This Act may be cited as the Abuse of Adults with Disabilities Intervention Act.
(Source: P.A. 91‑671, eff. 7‑1‑00.)
|
(20 ILCS 2435/5) (from Ch. 23, par. 3395‑5)
Sec. 5.
Legislative declaration and intent.
The Illinois General
Assembly recognizes that many adult persons with disabilities in
this State are in need of protection from abuse, neglect, and
exploitation, and that this State has a responsibility to protect those
persons while not infringing on the individual's rights. It is the intent of
the General Assembly to provide for the
voluntary reporting and assessment of alleged or suspected cases of abuse,
neglect, and exploitation of adults with
disabilities in order for the resources
of the State to be utilized to prevent, reduce, or eliminate such abuse,
neglect, and exploitation.
(Source: P.A. 91‑671, eff. 7‑1‑00.)
|
(20 ILCS 2435/10) (from Ch. 23, par. 3395‑10)
Sec. 10.
Purposes.
This Act shall be liberally construed and applied
to promote its underlying purposes, which are to:
(a) prevent, reduce, and eliminate abuse, neglect,
and
exploitation of adults with disabilities;
(a‑5) recognize abuse, neglect, and exploitation of adults with
disabilities
as a serious problem which takes on many forms, including physical
abuse, sexual abuse, neglect, and exploitation, and to facilitate accessibility
of
services and remedies under the Act in order to provide immediate and effective
assistance
and protection;
(b) provide for the reporting and assessment of alleged or suspected abuse, neglect, and exploitation of adults with disabilities;
(c) refer abused, neglected, and exploited adults with
disabilities to
appropriate State and private agencies for emergency services, protective
services, and other
assistance necessary to prevent further harm;
(c‑5) encourage and support the efforts of law enforcement officers to
provide immediate, effective assistance and protection for adults with
disabilities who are abused, neglected, or exploited;
(c‑7) support the expansion of civil and criminal remedies for adults with
disabilities who are abused, neglected, or exploited; and
(d) collect information on the incidence of abuse,
neglect, and
exploitation of adults with disabilities and
other data to aid in the
establishment, coordination, and provision of adequate services
to adults with disabilities in a
timely, appropriate manner.
(Source: P.A. 91‑671, eff. 7‑1‑00.)
|
(20 ILCS 2435/15) (from Ch. 23, par. 3395‑15)
Sec. 15.
Definitions.
As used in this Act:
"Abuse" means causing any physical, sexual,
or mental injury to an
adult with disabilities, including exploitation of the adult's financial
resources. Nothing
in this Act shall be construed to mean that an adult with disabilities 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 adult with
disabilities is a victim of abuse because of health care services provided or
not provided by licensed health care professionals.
"Adult with disabilities" means a person aged 18 through 59 who resides in
a domestic living
situation and whose physical or mental disability impairs his or her ability to
seek or obtain
protection from abuse, neglect, or exploitation.
"Department" means the Department of Human Services.
"Adults with Disabilities Abuse Project" or "project" means
that program within the Office of Inspector General designated by the
Department of Human Services to receive and assess reports of alleged or
suspected abuse, neglect, or exploitation of adults with
disabilities.
"Domestic living situation" means a residence where the adult with
disabilities lives alone or with his or her family or household members, a care
giver, or others or
at 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
|
|
|
(3) A home, institution, or other place operated by
|
|
the federal government, a federal agency, or the State.
|
|
(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 and that 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‑integrated living arrangement as
|
|
defined in the Community‑Integrated Living Arrangements Licensure and Certification Act or community residential alternative as licensed under that Act.
|
|
"Emergency" means a situation in which an adult with disabilities is in danger of death or great bodily harm.
"Exploitation" means the illegal, including tortious, use of the assets or resources of an adult with
disabilities.
Exploitation includes, but is not limited to, the misappropriation of
assets or resources of an adult with disabilities by
undue influence, by
breach of a fiduciary relationship, by fraud, deception, or extortion, or
by the use of the assets or resources in a manner contrary to law.
"Family or household members" means a person who as a family member,
volunteer, or paid care provider has assumed responsibility for all or a
portion of the care of an adult with disabilities who needs assistance with
activities of daily living.
"Neglect" means the failure of
another individual to provide an adult with disabilities with or the willful
withholding from an adult with disabilities the necessities of life, including,
but not limited to, food, clothing, shelter, or medical care.
Nothing in the definition of "neglect" shall be construed to impose a
requirement that assistance be provided to an adult with disabilities over
his or her objection in the absence of a court order, nor to create any new
affirmative duty to provide support, assistance, or intervention to an
adult with disabilities. Nothing in this Act shall be construed to mean that
an adult with disabilities is a
victim of neglect because of health care services provided or not provided by
licensed
health care professionals.
"Physical abuse" includes sexual abuse and means any of the following:
(1) knowing or reckless use of physical force,
|
|
confinement, or restraint;
|
|
(2) knowing, repeated, and unnecessary sleep
|
|
|
(3) knowing or reckless conduct which creates an
|
|
immediate risk of physical harm.
|
|
"Secretary" means the Secretary of Human Services.
"Sexual abuse" means touching, fondling, sexual threats, sexually
inappropriate remarks,
or any other sexual activity with an adult with disabilities when the adult
with disabilities
is unable to understand, unwilling to consent, threatened, or physically forced
to engage
in sexual behavior.
"Substantiated case" means a reported case of alleged or suspected abuse,
neglect, or exploitation in which the Adults with
Disabilities Abuse
Project staff, after assessment, determines that there is reason to believe
abuse, neglect, or exploitation has occurred.
(Source: P.A. 91‑671, eff. 7‑1‑00.)
|
(20 ILCS 2435/20) (from Ch. 23, par. 3395‑20)
Sec. 20.
Establishment of project.
The Office of Inspector General shall
establish an Adults with Disabilities Abuse Project as
provided in this Act for adults with disabilities who have been abused,
neglected, or exploited.
(Source: P.A. 91‑671, eff. 7‑1‑00.)
|
(20 ILCS 2435/25) (from Ch. 23, par. 3395‑25)
Sec. 25.
Reports of abuse, neglect, or exploitation of an
adult with disabilities.
(a) Any person who has reasonable cause to believe abuse, neglect, or
exploitation
of an adult with
disabilities has occurred may report this to the statewide telephone number
established under
this Act.
(b) Any person, institution, or agency making a report or
assessment
under this Section in good faith, or providing information, participating in
an assessment, or taking photographs or x‑rays, shall be immune from any
civil or criminal liability on account of making the report or assessment,
providing information, or participating in an assessment, or on account of
submitting or otherwise disclosing the photographs or x‑rays to the
Adults with Disabilities Abuse Project.
(c) The identity of a person making a report of alleged or
suspected abuse, neglect, or exploitation under this Section may be
disclosed by the Office of Inspector General only with the
person's written consent or by court order.
(d) The
privileged quality of communication between any licensed health care
professional or any other person who reports abuse, neglect, or exploitation
and his or her patient or client shall not apply to situations involving
abused, neglected, or
exploited adults with disabilities.
Use of a telecommunication device for the deaf
constitutes an oral
report. Written reports may be taken, but cannot be required.
(e) All reports shall, if possible, include the name and address of the
adult with
disabilities, the name and address of the alleged abuser, if applicable, the
nature and
extent of the suspected abuse, neglect, or exploitation, the possible extent of
the injury or
condition as a result of the abuse, neglect, or exploitation, any evidence of
previous abuse,
neglect, or exploitation, the time, date and location of the incident, the
name, address of
the reporter, and any other information that the reporter believes may be
useful in
assessing the suspected abuse, neglect, or exploitation.
(f) The Office of Inspector General shall refer evidence of crimes against
an adult
with disabilities to the appropriate law enforcement agency according to Office
of
Inspector General policies. A referral to law enforcement may be made at any
time.
When the Office of Inspector General has reason to believe that the death of
an adult
with disabilities may be the result of abuse, neglect, or exploitation, the
Office of
Inspector General shall immediately report the matter to the coroner or medical
examiner
and shall cooperate fully with any subsequent investigation.
(g) Nothing in this Act shall preclude a person from reporting an alleged
act of abuse,
neglect, or exploitation of an adult with disabilities to a law enforcement
agency.
(h) Nothing in this Act shall diminish the duty of law enforcement officers
to respond
to and investigate incidents of alleged abuse, neglect, and exploitation
pursuant to the
Illinois Domestic Violence Act of 1986, when applicable.
(Source: P.A. 91‑671, eff. 7‑1‑00.)
|
(20 ILCS 2435/30) (from Ch. 23, par. 3395‑30)
Sec. 30.
Statewide telephone number.
(a) There shall be a single, statewide, TTY accessible, 24‑hour toll
free telephone number
established and maintained by the Office of Inspector General that all persons
may use to
report alleged or suspected abuse, neglect, or exploitation of an
adult with disabilities.
(b) The Office of Inspector General shall make every
effort to publicize the statewide, TTY accessible, 24‑hour
toll free telephone number and to encourage public understanding of and
cooperation in reporting and eliminating abuse, neglect, and
exploitation of adults with disabilities.
(c) The Office of Inspector General shall conduct training at least
annually
for persons
taking reports on the statewide telephone number and persons conducting
assessments or making referrals for service plans.
(Source: P.A. 91‑671, eff. 7‑1‑00.)
|
(20 ILCS 2435/35) (from Ch. 23, par. 3395‑35)
Sec. 35.
Assessment of reports.
(a) The Adults with Disabilities Abuse Project
shall, upon receiving a report of
alleged
or suspected abuse, neglect, or exploitation obtain
the consent of the subject of the report to conduct an assessment with
respect to the report. The assessment shall include, but not be limited
to, a face‑to‑face interview with the adult with disabilities who is the
subject of the report and may include a visit to the residence of the
adult with disabilities, and interviews or consultations with service
agencies or individuals
who may have knowledge of the circumstances of
the adult with disabilities.
A determination shall be
made whether each report is substantiated. If the Office of Inspector General
determines
that there is clear and substantial risk of death or great bodily harm, it
shall immediately
secure or provide emergency protective services for purposes of preventing
further abuse,
neglect, or exploitation, and for safeguarding the welfare of the person. Such
services
must be provided in the least restrictive environment commensurate with the
adult with
disabilities' needs.
(a‑5) The Adults with Disabilities Abuse Project shall initiate an
assessment
of all reports
of alleged or suspected abuse or neglect within 7 days after receipt of the
report, except
reports of abuse or neglect that indicate that the life or safety of an adult
with disabilities
is in imminent danger shall be assessed within 24 hours after receipt of the
report.
Reports of exploitation shall be assessed within 30 days after the receipt of
the report.
(b) (Blank).
(c) The Department shall effect written interagency agreements
with other
State
departments and any other public and private agencies to coordinate and
cooperate in the handling of substantiated cases; to accept and manage
substantiated cases on a priority basis; and to waive eligibility requirements
for the adult with disabilities in an emergency.
(d) Every effort shall be made by the Adults with Disabilities Abuse
Project
to
coordinate and cooperate with public and private agencies to ensure the
provision of
services necessary to eliminate further abuse, neglect, and exploitation of the
adult with
disabilities who is the subject of the report.
The Office of Inspector General shall
promulgate rules and regulations to ensure the
effective implementation of the Adults with Disabilities Abuse
Project statewide.
(e) When the Adults with Disabilities Abuse Project determines that a case
is
substantiated, it shall refer the case to the appropriate office within the
Department of
Human Services to develop, with the consent of and in consultation with the
adult with
disabilities, a service plan for the adult with disabilities.
(f) The Adults with Disabilities Abuse Project shall refer reports of
alleged or suspected
abuse, neglect, or exploitation to another State agency when that agency has a
statutory
obligation to investigate such reports.
(g) If the Adults with Disabilities Abuse Project has reason to believe that
a crime has
been committed, the incident shall be reported to the appropriate law
enforcement
agency.
(Source: P.A. 91‑671, eff. 7‑1‑00.)
|
(20 ILCS 2435/40) (from Ch. 23, par. 3395‑40)
Sec. 40.
Service plan periods.
The Department shall by rule establish the period of time within which a
service plan shall be
implemented and the duration of the plan. The rules shall provide for an
expedited response to
emergency situations.
(Source: P.A. 91‑671, eff. 7‑1‑00.)
|
(20 ILCS 2435/45) (from Ch. 23, par. 3395‑45)
Sec. 45. Consent.
(a) If the Adults with Disabilities Abuse
Project has received a report of alleged or
suspected abuse, neglect, or exploitation with regard to an adult with
disabilities who lacks the capacity to consent to an assessment or to services,
the Adults with Disabilities Abuse Project may seek, directly
or through another agency,
the appointment of a temporary or permanent guardian for assessment,
provision of services, or any other decision‑making authority as is appropriate
for the individual as provided in Article
XIa of the Probate Act of 1975 or other relief as provided under the
Illinois Domestic Violence Act of 1986.
(a‑5) If the adult with disabilities consents to the assessment, such
assessment shall be
conducted. If the adult with disabilities consents to the services included in
the service
plan, such services shall be provided. If the adult with disabilities refuses
or withdraws
his or her consent to the completion of the assessment, the assessment shall be
terminated.
If the adult with disabilities refuses or withdraws his or her consent to the
provision of
services, the services shall not be provided.
(b) A guardian of the person of an adult with
disabilities who is abused,
neglected, or exploited by another individual in a domestic living
situation may consent to an assessment or to services being provided
pursuant to the service plan. If the guardian is alleged to be the
perpetrator of the abuse, neglect, or exploitation, the Adults with
Disabilities Abuse
Project
shall, when there is an immediate and urgent necessity, seek the appointment of a temporary substitute guardian
pursuant to
Section 213.3 of the Illinois Domestic Violence Act of 1986 under the
provisions of Article XIa of the Probate Act of 1975.
If a guardian withdraws his consent or refuses to allow
an assessment or services to be provided to the adult with disabilities,
the Adults with Disabilities Abuse
Project
may seek directly or through another agency a court order seeking appropriate remedies, and may in addition
request removal of the guardian and appointment of a successor guardian
pursuant to Article XIa of the Probate Act of 1975.
(c) For the purposes of this Section only, "lacks the capacity
to
consent" shall mean that the adult with disabilities
reasonably appears to be
unable by reason of physical or mental condition to receive and evaluate
information related to the assessment or services, or to communicate
decisions related to the assessment or services.
(Source: P.A. 94‑418, eff. 8‑2‑05.)
(20 ILCS 2435/50) (from Ch. 23, par. 3395‑50)
Sec. 50.
Access of an adult with disabilities.
(a) No person shall obstruct
or impede the access of an adult with disabilities to
the Adults with Disabilities Abuse
Project nor obstruct or impede the assessment of abuse, neglect,
or
exploitation of an adult with disabilities if the adult
consents to the
assessment. If a person does so obstruct or impede the access of an adult
with disabilities or assessment of abuse,
neglect, or exploitation
of the adult, local law enforcement agencies shall take all appropriate
action to assist the party seeking access in petitioning for a warrant or
an ex parte injunctive order. The warrant or order may issue upon a
showing of probable cause to believe that the adult with disabilities is the
subject of abuse, neglect, or exploitation that constitutes a
criminal offense or that any other criminal offense is occurring that
affects the interests or welfare of the adult disabled person. When, from
the personal observations of a law enforcement officer, it appears probable
that delay of entry in order to obtain a warrant or order would cause the
adult with disabilities to be in imminent danger of
death or great bodily
harm, entry may be made by the law enforcement officer after an
announcement of the officer's authority and purpose.
(b) Pursuant to applicable State and federal law and regulation, the
reporting,
assessment, and provision of services shall be fully accessible to adults with
disabilities.
(Source: P.A. 91‑671, eff. 7‑1‑00.)
|
(20 ILCS 2435/55) (from Ch. 23, par. 3395‑55)
Sec. 55. Access to records. All records concerning reports of abuse,
neglect, or exploitation of an adult with
disabilities and all
records generated as a result of the reports shall be confidential and
shall not be disclosed except as specifically authorized by this Act or
other applicable law. A person making a report of alleged abuse, neglect, or exploitation functioning in his or her capacity as a licensed professional may be entitled to the finding of the investigative assessment and subsequent referrals as authorized by the Inspector General. Office of Inspector General (OIG) investigators shall inform the alleged victim or guardian that information regarding the finding and referrals may be released to the person who made the report if that person is a professional, and the alleged victim or guardian shall be afforded the opportunity to refuse to consent to the release of that information. Access to the records, but not access to the
identity of the person or persons making a report of alleged
abuse, neglect, or exploitation as contained in the records, shall be
allowed to the following persons and for the following purposes:
(a) Adults with Disabilities Abuse Project staff in the
furtherance of their
responsibilities under this Act;
(b) A law enforcement agency investigating alleged or suspected
abuse, neglect, or exploitation of an adult with disabilities;
(c) An adult with disabilities reported to be
abused, neglected, or
exploited, or the guardian of an adult with
disabilities unless the guardian is
the alleged perpetrator of the abuse, neglect, or exploitation;
(d) A court, upon its finding that access to the records may be
necessary for the determination of an issue before the court. However,
the 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;
(e) A grand jury, upon its determination that access to the records is
necessary to the conduct of its official business;
(f) Any person authorized by the Secretary, in writing, for
audit or bona
fide research purposes;
(g) A coroner or medical examiner who has reason to believe that abuse or
neglect contributed to or resulted in the death of an adult with disabilities;
(h) The agency designated pursuant to the Protection and Advocacy for
Developmentally Disabled Persons Act and the
Protection and Advocacy for Mentally Ill Persons Act.
(Source: P.A. 94‑852, eff. 6‑13‑06.)
(20 ILCS 2435/59)
Sec. 59. Subpoena; document production. The Office of Inspector General has the power to subpoena witnesses and compel the production of books, papers, and documents, including financial records and medical records, pertinent to an assessment authorized by this Act. Mental health records of victims shall be confidential as provided under the Mental Health and Developmental Disabilities Confidentiality Act. Financial records obtained during the course of an assessment are confidential and may be released only with the consent of the victim or the victim's guardian or in response to a court order, a grand jury subpoena, or a subpoena from a law enforcement authority.
(Source: P.A. 94‑851, eff. 6‑13‑06.)
(20 ILCS 2435/60) (from Ch. 23, par. 3395‑60)
Sec. 60.
Annual reports.
The Office of Inspector General
shall file with the Governor
and the General Assembly, within 90 days after the end of each fiscal year,
a report concerning its implementation of the Domestic Abuse Project during
each fiscal year, together with any recommendations for future implementation.
The annual report
shall include data on numbers of reports received, numbers of reports
substantiated, and
unsubstantiated, number of referrals to law enforcement and other referral
resources, numbers of assessments and service plans completed, and protective
services provided. The report shall also include information on public
education
efforts engaged in, and training provided to persons or agencies who are
responsible for the Act's implementation.
(Source: P.A. 91‑671, eff. 7‑1‑00.)
|
(20 ILCS 2435/65) (from Ch. 23, par. 3395‑65)
Sec. 65.
(Repealed).
(Source: P.A. 89‑507, eff. 7‑1‑97. Repealed by P.A. 91‑671, eff. 7‑1‑00.)
|
(20 ILCS 2435/300) (from Ch. 23, par. 3395‑300)
Sec. 300.
This Act takes effect upon becoming law.
(Source: P.A. 87‑658.)
|
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.
