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| Public Act 101-0496 | ||||
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AN ACT concerning aging.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Adult Protective Services Act is amended by | ||||
changing Section 5 as follows:
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(320 ILCS 20/5) (from Ch. 23, par. 6605)
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Sec. 5. Procedure.
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(a) A provider agency designated to receive reports
of | ||||
alleged or suspected abuse, neglect, financial
exploitation, | ||||
or self-neglect under
this Act shall, upon
receiving such a | ||||
report, conduct a face-to-face assessment with respect to
such | ||||
report, in accord with established law and Department | ||||
protocols, procedures, and policies. Face-to-face assessments, | ||||
casework, and follow-up of reports of self-neglect by the | ||||
provider agencies designated to receive reports of | ||||
self-neglect shall be subject to sufficient appropriation for | ||||
statewide implementation of assessments, casework, and | ||||
follow-up of reports of self-neglect. In the absence of | ||||
sufficient appropriation for statewide implementation of | ||||
assessments, casework, and follow-up of reports of | ||||
self-neglect, the designated adult protective services | ||||
provider agency shall refer all reports of self-neglect to the | ||||
appropriate agency or agencies as designated by the Department | ||||
for any follow-up. The assessment shall include, but not be | ||
limited to, a visit
to the residence of the eligible adult who | ||
is the subject of the report and
shall may include interviews | ||
or consultations regarding the allegations with service | ||
agencies, immediate family members, and or
individuals who may | ||
have knowledge of the eligible adult's circumstances based on | ||
the consent of the eligible adult in all instances, except | ||
where the provider agency is acting in the best interest of an | ||
eligible adult who is unable to seek assistance for himself or | ||
herself and where there are allegations against a caregiver who | ||
has assumed responsibilities in exchange for compensation.
If, | ||
after the assessment, the provider agency determines that the | ||
case is
substantiated it shall develop a service care plan for | ||
the eligible adult and may report its findings at any time | ||
during the case to the appropriate law enforcement agency in | ||
accord with established law and Department protocols, | ||
procedures, and policies.
In developing a case 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
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include alternative suggested or recommended
services which | ||
are appropriate to the needs of the eligible adult and which
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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.
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(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
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eligible adult may be the result of abuse or neglect, the | ||
agency shall
immediately report the matter to the coroner or | ||
medical examiner and shall
cooperate fully with any subsequent | ||
investigation. | ||
(c) If any person other than the alleged victim refuses to | ||
allow the provider agency to begin
an investigation, interferes | ||
with the provider agency's ability to
conduct an investigation, | ||
or refuses to give access to an eligible
adult, the appropriate | ||
law enforcement agency must be consulted regarding the | ||
investigation.
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(Source: P.A. 98-49, eff. 7-1-13; 98-1039, eff. 8-25-14.)
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