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| Public Act 095-0076 |
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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 Elder Abuse and Neglect Act is amended by | ||||
changing Section 3 as follows:
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(320 ILCS 20/3) (from Ch. 23, par. 6603)
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Sec. 3. Responsibilities.
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(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, financial exploitation, or self-neglect. 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.
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(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.
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(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, financial exploitation,
or | ||
self-neglect, conducting face-to-face assessments of
such | ||
reported cases, determination of substantiated cases, referral | ||
of
substantiated cases for necessary support services,
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referral of criminal conduct to law enforcement in accordance | ||
with Department
guidelines,
and provision of case
work and | ||
follow-up services on substantiated cases. In the case of a | ||
report of alleged or suspected abuse or neglect that places an | ||
eligible adult at risk of injury or death, a provider agency | ||
shall respond to the report on an emergency basis in accordance | ||
with guidelines established by the Department by | ||
administrative rule and shall ensure that it is capable of | ||
responding to such a report 24 hours per day, 7 days per week. | ||
A provider agency may use an on-call system to respond to | ||
reports of alleged or suspected abuse or neglect after hours | ||
and on weekends.
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(d) By January 1, 2008, the Department on Aging, in | ||
cooperation with an Elder Self-Neglect Steering Committee, | ||
shall by rule develop protocols, procedures, and policies for | ||
(i) responding to reports of possible self-neglect, (ii) | ||
protecting the autonomy, rights, privacy, and privileges of | ||
adults during investigations of possible self-neglect and | ||
consequential judicial proceedings regarding competency, (iii) | ||
collecting and sharing relevant information and data among the | ||
Department, provider agencies, regional administrative | ||
agencies, and relevant seniors, (iv) developing working | ||
agreements between provider agencies and law enforcement, | ||
where practicable, and (v) developing procedures for | ||
collecting data regarding incidents of self-neglect. The Elder | ||
Self-Neglect Steering Committee shall be comprised of one | ||
person selected by the Elder Abuse Advisory Committee of the | ||
Department on Aging; 3 persons selected, on the request of the | ||
Director of Aging, by State or regional organizations that | ||
advocate for the rights of seniors, at least one of whom shall | ||
be a legal assistance attorney who represents seniors in | ||
competency proceedings; 2 persons selected, on the request of | ||
the Director of Aging, by statewide organizations that | ||
represent social workers and other persons who provide direct | ||
intervention and care to housebound seniors who are likely to | ||
neglect themselves; an expert on geropsychiatry, appointed by | ||
the Secretary of Human Services; an expert on issues of | ||
physical health associated with seniors, appointed by the | ||
Director of Public Health; one representative of a law | ||
enforcement agency; one representative of the Chicago | ||
Department on Aging; and 3 other persons selected by the | ||
Director of Aging, including an expert from an institution of | ||
higher education who is familiar with the relevant areas of | ||
data collection and study.
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(Source: P.A. 94-1064, eff. 1-1-07.)
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