Public Act 094-0418
 		





HB1511 Enrolled
LRB094 04018 MKM 34034 b






    AN ACT concerning human services.

 
    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 Section 45 as follows:
 



    (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. 90-655, eff. 7-30-98; 91-671, eff. 7-1-00.)

 

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






Effective Date:  8/2/2005