Bill Text: IL HB3065 | 2019-2020 | 101st General Assembly | Chaptered
Bill Title: Amends the Adult Protective Services Act. In a provision concerning face-to-face assessments conducted by a provider agency designated to receive reports of alleged or suspected abuse, neglect, financial exploitation, or self-neglect under the Act, provides that the assessments shall (rather than may) include interviews or consultations regarding the allegations with service agencies, immediate family members, and individuals (rather than with service agencies 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.
Spectrum: Bipartisan Bill
Status: (Passed) 2019-08-23 - Public Act . . . . . . . . . 101-0496 [HB3065 Detail]
Download: Illinois-2019-HB3065-Chaptered.html
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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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