Public Act 097-0354
 
SB0086 EnrolledLRB097 02916 KTG 42940 b


  
    AN ACT concerning State government.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  
 
 
    Section 5. The Abuse of Adults with Disabilities 
Intervention Act is amended  by changing Sections 15 and 60 as 
follows:
 


    (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 abuse 
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 or Section 1-113 of the MR/DD 
    Community Care Act.


        (2) A life care facility as defined in the Life Care 
    Facilities Act.


        (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.

    "Financial 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. 
    "Mental abuse" means the infliction of emotional or mental 
distress by a caregiver, a family member, or any person with 
ongoing access to a person with disabilities by threat of harm, 
humiliation, or other verbal or nonverbal conduct.
    "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 acts:


        (1) knowing or reckless use of physical force, 
    confinement, or restraint;


        (2) knowing, repeated, and unnecessary sleep 
    deprivation; or


        (3) knowing or reckless conduct which creates an 
    immediate risk of
physical harm; or .

        (4) when committed by a caregiver, a family member, or 
    any person with ongoing access to a person with 
    disabilities, directing another person to physically abuse 
    a person with disabilities. 
    "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. 
Sexual abuse includes acts of sexual exploitation including, 
but not limited to, facilitating or compelling an adult with 
disabilities to become a prostitute, or receiving anything of 
value from an adult with disabilities knowing it was obtained 
in whole or in part from the practice of prostitution. 

    "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. 96-339, eff. 7-1-10.)

 



    (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, no later 
than January 1 following the end of each fiscal year, 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.)

 
 
    Section 99. Effective date. This Act takes effect upon 
becoming law.