Bill Text: IL HB4327 | 2013-2014 | 98th General Assembly | Chaptered

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Bill Title: Amends the Adult Protective Services Act. Makes a technical change in a Section concerning the short title.

Spectrum: Bipartisan Bill

Status: (Passed) 2014-08-25 - Public Act . . . . . . . . . 98-1039 [HB4327 Detail]

Download: Illinois-2013-HB4327-Chaptered.html

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Public Act 098-1039
HB4327 Enrolled LRB098 18752 KTG 53897 b
AN ACT concerning aging.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Open Meetings Act is amended by changing
Section 2 as follows:
(5 ILCS 120/2) (from Ch. 102, par. 42)
Sec. 2. Open meetings.
(a) Openness required. All meetings of public bodies shall
be open to the public unless excepted in subsection (c) and
closed in accordance with Section 2a.
(b) Construction of exceptions. The exceptions contained
in subsection (c) are in derogation of the requirement that
public bodies meet in the open, and therefore, the exceptions
are to be strictly construed, extending only to subjects
clearly within their scope. The exceptions authorize but do not
require the holding of a closed meeting to discuss a subject
included within an enumerated exception.
(c) Exceptions. A public body may hold closed meetings to
consider the following subjects:
(1) The appointment, employment, compensation,
discipline, performance, or dismissal of specific
employees of the public body or legal counsel for the
public body, including hearing testimony on a complaint

lodged against an employee of the public body or against
legal counsel for the public body to determine its
validity.
(2) Collective negotiating matters between the public
body and its employees or their representatives, or
deliberations concerning salary schedules for one or more
classes of employees.
(3) The selection of a person to fill a public office,
as defined in this Act, including a vacancy in a public
office, when the public body is given power to appoint
under law or ordinance, or the discipline, performance or
removal of the occupant of a public office, when the public
body is given power to remove the occupant under law or
ordinance.
(4) Evidence or testimony presented in open hearing, or
in closed hearing where specifically authorized by law, to
a quasi-adjudicative body, as defined in this Act, provided
that the body prepares and makes available for public
inspection a written decision setting forth its
determinative reasoning.
(5) The purchase or lease of real property for the use
of the public body, including meetings held for the purpose
of discussing whether a particular parcel should be
acquired.
(6) The setting of a price for sale or lease of
property owned by the public body.

(7) The sale or purchase of securities, investments, or
investment contracts. This exception shall not apply to the
investment of assets or income of funds deposited into the
Illinois Prepaid Tuition Trust Fund.
(8) Security procedures and the use of personnel and
equipment to respond to an actual, a threatened, or a
reasonably potential danger to the safety of employees,
students, staff, the public, or public property.
(9) Student disciplinary cases.
(10) The placement of individual students in special
education programs and other matters relating to
individual students.
(11) Litigation, when an action against, affecting or
on behalf of the particular public body has been filed and
is pending before a court or administrative tribunal, or
when the public body finds that an action is probable or
imminent, in which case the basis for the finding shall be
recorded and entered into the minutes of the closed
meeting.
(12) The establishment of reserves or settlement of
claims as provided in the Local Governmental and
Governmental Employees Tort Immunity Act, if otherwise the
disposition of a claim or potential claim might be
prejudiced, or the review or discussion of claims, loss or
risk management information, records, data, advice or
communications from or with respect to any insurer of the

public body or any intergovernmental risk management
association or self insurance pool of which the public body
is a member.
(13) Conciliation of complaints of discrimination in
the sale or rental of housing, when closed meetings are
authorized by the law or ordinance prescribing fair housing
practices and creating a commission or administrative
agency for their enforcement.
(14) Informant sources, the hiring or assignment of
undercover personnel or equipment, or ongoing, prior or
future criminal investigations, when discussed by a public
body with criminal investigatory responsibilities.
(15) Professional ethics or performance when
considered by an advisory body appointed to advise a
licensing or regulatory agency on matters germane to the
advisory body's field of competence.
(16) Self evaluation, practices and procedures or
professional ethics, when meeting with a representative of
a statewide association of which the public body is a
member.
(17) The recruitment, credentialing, discipline or
formal peer review of physicians or other health care
professionals for a hospital, or other institution
providing medical care, that is operated by the public
body.
(18) Deliberations for decisions of the Prisoner

Review Board.
(19) Review or discussion of applications received
under the Experimental Organ Transplantation Procedures
Act.
(20) The classification and discussion of matters
classified as confidential or continued confidential by
the State Government Suggestion Award Board.
(21) Discussion of minutes of meetings lawfully closed
under this Act, whether for purposes of approval by the
body of the minutes or semi-annual review of the minutes as
mandated by Section 2.06.
(22) Deliberations for decisions of the State
Emergency Medical Services Disciplinary Review Board.
(23) The operation by a municipality of a municipal
utility or the operation of a municipal power agency or
municipal natural gas agency when the discussion involves
(i) contracts relating to the purchase, sale, or delivery
of electricity or natural gas or (ii) the results or
conclusions of load forecast studies.
(24) Meetings of a residential health care facility
resident sexual assault and death review team or the
Executive Council under the Abuse Prevention Review Team
Act.
(25) Meetings of an independent team of experts under
Brian's Law.
(26) Meetings of a mortality review team appointed

under the Department of Juvenile Justice Mortality Review
Team Act.
(27) (Blank).
(28) Correspondence and records (i) that may not be
disclosed under Section 11-9 of the Public Aid Code or (ii)
that pertain to appeals under Section 11-8 of the Public
Aid Code.
(29) Meetings between internal or external auditors
and governmental audit committees, finance committees, and
their equivalents, when the discussion involves internal
control weaknesses, identification of potential fraud risk
areas, known or suspected frauds, and fraud interviews
conducted in accordance with generally accepted auditing
standards of the United States of America.
(30) Those meetings or portions of meetings of a an
at-risk adult fatality review team or the Illinois At-Risk
Adult Fatality Review Team Advisory Council during which a
review of the death of an eligible adult in which abuse or
neglect is suspected, alleged, or substantiated is
conducted pursuant to Section 15 of the Adult Protective
Services Act.
(31) (30) Meetings and deliberations for decisions of
the Concealed Carry Licensing Review Board under the
Firearm Concealed Carry Act.
(d) Definitions. For purposes of this Section:
"Employee" means a person employed by a public body whose

relationship with the public body constitutes an
employer-employee relationship under the usual common law
rules, and who is not an independent contractor.
"Public office" means a position created by or under the
Constitution or laws of this State, the occupant of which is
charged with the exercise of some portion of the sovereign
power of this State. The term "public office" shall include
members of the public body, but it shall not include
organizational positions filled by members thereof, whether
established by law or by a public body itself, that exist to
assist the body in the conduct of its business.
"Quasi-adjudicative body" means an administrative body
charged by law or ordinance with the responsibility to conduct
hearings, receive evidence or testimony and make
determinations based thereon, but does not include local
electoral boards when such bodies are considering petition
challenges.
(e) Final action. No final action may be taken at a closed
meeting. Final action shall be preceded by a public recital of
the nature of the matter being considered and other information
that will inform the public of the business being conducted.
(Source: P.A. 97-318, eff. 1-1-12; 97-333, eff. 8-12-11;
97-452, eff. 8-19-11; 97-813, eff. 7-13-12; 97-876, eff.
8-1-12; 98-49, eff. 7-1-13; 98-63, eff. 7-9-13; revised
7-23-13.)

Section 10. The Freedom of Information Act is amended by
changing Section 7.5 as follows:
(5 ILCS 140/7.5)
Sec. 7.5. Statutory Exemptions. To the extent provided for
by the statutes referenced below, the following shall be exempt
from inspection and copying:
(a) All information determined to be confidential under
Section 4002 of the Technology Advancement and Development Act.
(b) Library circulation and order records identifying
library users with specific materials under the Library Records
Confidentiality Act.
(c) Applications, related documents, and medical records
received by the Experimental Organ Transplantation Procedures
Board and any and all documents or other records prepared by
the Experimental Organ Transplantation Procedures Board or its
staff relating to applications it has received.
(d) Information and records held by the Department of
Public Health and its authorized representatives relating to
known or suspected cases of sexually transmissible disease or
any information the disclosure of which is restricted under the
Illinois Sexually Transmissible Disease Control Act.
(e) Information the disclosure of which is exempted under
Section 30 of the Radon Industry Licensing Act.
(f) Firm performance evaluations under Section 55 of the
Architectural, Engineering, and Land Surveying Qualifications

Based Selection Act.
(g) Information the disclosure of which is restricted and
exempted under Section 50 of the Illinois Prepaid Tuition Act.
(h) Information the disclosure of which is exempted under
the State Officials and Employees Ethics Act, and records of
any lawfully created State or local inspector general's office
that would be exempt if created or obtained by an Executive
Inspector General's office under that Act.
(i) Information contained in a local emergency energy plan
submitted to a municipality in accordance with a local
emergency energy plan ordinance that is adopted under Section
11-21.5-5 of the Illinois Municipal Code.
(j) Information and data concerning the distribution of
surcharge moneys collected and remitted by wireless carriers
under the Wireless Emergency Telephone Safety Act.
(k) Law enforcement officer identification information or
driver identification information compiled by a law
enforcement agency or the Department of Transportation under
Section 11-212 of the Illinois Vehicle Code.
(l) Records and information provided to a residential
health care facility resident sexual assault and death review
team or the Executive Council under the Abuse Prevention Review
Team Act.
(m) Information provided to the predatory lending database
created pursuant to Article 3 of the Residential Real Property
Disclosure Act, except to the extent authorized under that

Article.
(n) Defense budgets and petitions for certification of
compensation and expenses for court appointed trial counsel as
provided under Sections 10 and 15 of the Capital Crimes
Litigation Act. This subsection (n) shall apply until the
conclusion of the trial of the case, even if the prosecution
chooses not to pursue the death penalty prior to trial or
sentencing.
(o) Information that is prohibited from being disclosed
under Section 4 of the Illinois Health and Hazardous Substances
Registry Act.
(p) Security portions of system safety program plans,
investigation reports, surveys, schedules, lists, data, or
information compiled, collected, or prepared by or for the
Regional Transportation Authority under Section 2.11 of the
Regional Transportation Authority Act or the St. Clair County
Transit District under the Bi-State Transit Safety Act.
(q) Information prohibited from being disclosed by the
Personnel Records Review Act.
(r) Information prohibited from being disclosed by the
Illinois School Student Records Act.
(s) Information the disclosure of which is restricted under
Section 5-108 of the Public Utilities Act.
(t) All identified or deidentified health information in
the form of health data or medical records contained in, stored
in, submitted to, transferred by, or released from the Illinois

Health Information Exchange, and identified or deidentified
health information in the form of health data and medical
records of the Illinois Health Information Exchange in the
possession of the Illinois Health Information Exchange
Authority due to its administration of the Illinois Health
Information Exchange. The terms "identified" and
"deidentified" shall be given the same meaning as in the Health
Insurance Accountability and Portability Act of 1996, Public
Law 104-191, or any subsequent amendments thereto, and any
regulations promulgated thereunder.
(u) Records and information provided to an independent team
of experts under Brian's Law.
(v) Names and information of people who have applied for or
received Firearm Owner's Identification Cards under the
Firearm Owners Identification Card Act or applied for or
received a concealed carry license under the Firearm Concealed
Carry Act, unless otherwise authorized by the Firearm Concealed
Carry Act; and databases under the Firearm Concealed Carry Act,
records of the Concealed Carry Licensing Review Board under the
Firearm Concealed Carry Act, and law enforcement agency
objections under the Firearm Concealed Carry Act.
(w) Personally identifiable information which is exempted
from disclosure under subsection (g) of Section 19.1 of the
Toll Highway Act.
(x) Information which is exempted from disclosure under
Section 5-1014.3 of the Counties Code or Section 8-11-21 of the

Illinois Municipal Code.
(y) Confidential information under the Adult Protective
Services Act and its predecessor enabling statute, the Elder
Abuse and Neglect Act, including information about the identity
and administrative finding against any caregiver of a verified
and substantiated decision of significant abuse, neglect, or
financial exploitation of an eligible adult maintained in the
Department of Public Health's Health Care Worker Registry
established under Section 7.5.
(z) Records and information provided to a an at-risk adult
fatality review team or the Illinois At-Risk Adult Fatality
Review Team Advisory Council under Section 15 of the Adult
Protective Services Act.
(Source: P.A. 97-80, eff. 7-5-11; 97-333, eff. 8-12-11; 97-342,
eff. 8-12-11; 97-813, eff. 7-13-12; 97-976, eff. 1-1-13; 98-49,
eff. 7-1-13; 98-63, eff. 7-9-13; revised 7-23-13.)
Section 15. The Adult Protective Services Act is amended by
changing Sections 2, 3, 3.5, 4, 5, 7.5, 8, 9, 13, and 15 as
follows:
(320 ILCS 20/2) (from Ch. 23, par. 6602)
Sec. 2. Definitions. As used in this Act, unless the
context requires otherwise:
(a) "Abuse" means causing any physical, mental or sexual
injury to an eligible adult, including exploitation of such

adult's financial resources.
Nothing in this Act shall be construed to mean that an
eligible adult is a victim of abuse, neglect, or self-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
eligible adult is a victim of abuse because of health care
services provided or not provided by licensed health care
professionals.
(a-5) "Abuser" means a person who abuses, neglects, or
financially exploits an eligible adult.
(a-6) "Adult with disabilities" means a person aged 18
through 59 who resides in a domestic living situation and whose
disability as defined in subsection (c-5) impairs his or her
ability to seek or obtain protection from abuse, neglect, or
exploitation.
(a-7) "Caregiver" means a person who either as a result of
a family relationship, voluntarily, or in exchange for
compensation has assumed responsibility for all or a portion of
the care of an eligible adult who needs assistance with
activities of daily living or instrumental activities of daily
living.
(b) "Department" means the Department on Aging of the State
of Illinois.

(c) "Director" means the Director of the Department.
(c-5) "Disability" means a physical or mental disability,
including, but not limited to, a developmental disability, an
intellectual disability, a mental illness as defined under the
Mental Health and Developmental Disabilities Code, or dementia
as defined under the Alzheimer's Disease Assistance Act.
(d) "Domestic living situation" means a residence where the
eligible adult at the time of the report lives alone or with
his or her family or a caregiver, or others, 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;
(1.5) A facility licensed under the ID/DD Community
Care Act;
(1.7) A facility licensed under the Specialized Mental
Health Rehabilitation Act of 2013;
(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 or agency thereof or by the State of
Illinois;
(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
therefor, which 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) (Blank);
(7) A "community-integrated living arrangement" as
defined in the Community-Integrated Living Arrangements
Licensure and Certification Act or a "community
residential alternative" as licensed under that Act;
(8) An assisted living or shared housing establishment
as defined in the Assisted Living and Shared Housing Act;
or
(9) A supportive living facility as described in
Section 5-5.01a of the Illinois Public Aid Code.
(e) "Eligible adult" means either an adult with
disabilities aged 18 through 59 or a person aged 60 or older
who resides in a domestic living situation and is, or is
alleged to be, abused, neglected, or financially exploited by
another individual or who neglects himself or herself.
(f) "Emergency" means a situation in which an eligible
adult is living in conditions presenting a risk of death or
physical, mental or sexual injury and the provider agency has
reason to believe the eligible adult is unable to consent to
services which would alleviate that risk.
(f-1) "Financial exploitation" means the use of an eligible
adult's resources by another to the disadvantage of that adult
or the profit or advantage of a person other than that adult.

(f-5) "Mandated reporter" means any of the following
persons while engaged in carrying out their professional
duties:
(1) a professional or professional's delegate while
engaged in: (i) social services, (ii) law enforcement,
(iii) education, (iv) the care of an eligible adult or
eligible adults, or (v) any of the occupations required to
be licensed under the Clinical Psychologist Licensing Act,
the Clinical Social Work and Social Work Practice Act, the
Illinois Dental Practice Act, the Dietitian Nutritionist
Practice Act, the Marriage and Family Therapy Licensing
Act, the Medical Practice Act of 1987, the Naprapathic
Practice Act, the Nurse Practice Act, the Nursing Home
Administrators Licensing and Disciplinary Act, the
Illinois Occupational Therapy Practice Act, the Illinois
Optometric Practice Act of 1987, the Pharmacy Practice Act,
the Illinois Physical Therapy Act, the Physician Assistant
Practice Act of 1987, the Podiatric Medical Practice Act of
1987, the Respiratory Care Practice Act, the Professional
Counselor and Clinical Professional Counselor Licensing
and Practice Act, the Illinois Speech-Language Pathology
and Audiology Practice Act, the Veterinary Medicine and
Surgery Practice Act of 2004, and the Illinois Public
Accounting Act;
(1.5) an employee of an entity providing developmental
disabilities services or service coordination funded by

the Department of Human Services;
(2) an employee of a vocational rehabilitation
facility prescribed or supervised by the Department of
Human Services;
(3) an administrator, employee, or person providing
services in or through an unlicensed community based
facility;
(4) any religious practitioner who provides treatment
by prayer or spiritual means alone in accordance with the
tenets and practices of a recognized church or religious
denomination, except as to information received in any
confession or sacred communication enjoined by the
discipline of the religious denomination to be held
confidential;
(5) field personnel of the Department of Healthcare and
Family Services, Department of Public Health, and
Department of Human Services, and any county or municipal
health department;
(6) personnel of the Department of Human Services, the
Guardianship and Advocacy Commission, the State Fire
Marshal, local fire departments, the Department on Aging
and its subsidiary Area Agencies on Aging and provider
agencies, and the Office of State Long Term Care Ombudsman;
(7) any employee of the State of Illinois not otherwise
specified herein who is involved in providing services to
eligible adults, including professionals providing medical

or rehabilitation services and all other persons having
direct contact with eligible adults;
(8) a person who performs the duties of a coroner or
medical examiner; or
(9) a person who performs the duties of a paramedic or
an emergency medical technician.
(g) "Neglect" means another individual's failure to
provide an eligible adult with or willful withholding from an
eligible adult the necessities of life including, but not
limited to, food, clothing, shelter or health care. This
subsection does not create any new affirmative duty to provide
support to eligible adults. Nothing in this Act shall be
construed to mean that an eligible adult is a victim of neglect
because of health care services provided or not provided by
licensed health care professionals.
(h) "Provider agency" means any public or nonprofit agency
in a planning and service area that is selected by the
Department or appointed by the regional administrative agency
with prior approval by the Department on Aging to receive and
assess reports of alleged or suspected abuse, neglect, or
financial exploitation. A provider agency is also referenced as
a "designated agency" in this Act.
(i) "Regional administrative agency" means any public or
nonprofit agency in a planning and service area that provides
regional oversight and performs functions as set forth in
subsection (b) of Section 3 of this Act. The Department shall

designate an Area Agency on Aging as the regional
administrative agency or, in the event the Area Agency on Aging
in that planning and service area is deemed by the Department
to be unwilling or unable to provide those functions, the
Department may serve as the regional administrative agency or
designate another qualified entity to serve as the regional
administrative agency; any such designation shall be subject to
terms set forth by the Department. so designated by the
Department, provided that the designated Area Agency on Aging
shall be designated the regional administrative agency if it so
requests. The Department shall assume the functions of the
regional administrative agency for any planning and service
area where another agency is not so designated.
(i-5) "Self-neglect" means a condition that is the result
of an eligible adult's inability, due to physical or mental
impairments, or both, or a diminished capacity, to perform
essential self-care tasks that substantially threaten his or
her own health, including: providing essential food, clothing,
shelter, and health care; and obtaining goods and services
necessary to maintain physical health, mental health,
emotional well-being, and general safety. The term includes
compulsive hoarding, which is characterized by the acquisition
and retention of large quantities of items and materials that
produce an extensively cluttered living space, which
significantly impairs the performance of essential self-care
tasks or otherwise substantially threatens life or safety.

(j) "Substantiated case" means a reported case of alleged
or suspected abuse, neglect, financial exploitation, or
self-neglect in which a provider agency, after assessment,
determines that there is reason to believe abuse, neglect, or
financial exploitation has occurred.
(k) "Verified" means a determination that there is "clear
and convincing evidence" that the specific injury or harm
alleged was the result of abuse, neglect, or financial
exploitation.
(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-300,
eff. 8-11-11; 97-706, eff. 6-25-12; 97-813, eff. 7-13-12;
97-1141, eff. 12-28-12; 98-49, eff. 7-1-13; 98-104, eff.
7-22-13; revised 9-19-13.)
(320 ILCS 20/3) (from Ch. 23, par. 6603)
Sec. 3. Responsibilities.
(a) The Department shall establish, design, and manage a
protective services program for eligible adults 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. For
self-neglect, the program shall include the following services

for eligible adults who have been removed from their residences
for the purpose of cleanup or repairs: temporary housing;
counseling; and caseworker services to try to ensure that the
conditions necessitating the removal do not reoccur.
(a-1) The Department shall by rule develop standards for
minimum staffing levels and staff qualifications. The
Department shall by rule establish mandatory standards for the
investigation of abuse, neglect, financial exploitation, or
self-neglect of eligible adults and mandatory procedures for
linking eligible adults to appropriate services and supports.
(a-5) A provider agency shall, in accordance with rules
promulgated by the Department, establish a multi-disciplinary
team to act in an advisory role for the purpose of providing
professional knowledge and expertise in the handling of complex
abuse cases involving eligible adults. Each multi-disciplinary
team shall consist of one volunteer representative from the
following professions: banking or finance; disability care;
health care; law; law enforcement; mental health care; and
clergy. A provider agency may also choose to add
representatives from the fields of substance abuse, domestic
violence, sexual assault, or other related fields. To support
multi-disciplinary teams in this role, law enforcement
agencies and coroners or medical examiners shall supply records
as may be requested in particular cases.
(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.
(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,
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.
(c-5) Where a provider agency has reason to believe that
the death of an eligible adult may be the result of abuse or
neglect, including any reports made after death, the agency

shall immediately report the matter to both the appropriate law
enforcement agency and the coroner or medical examiner. Between
30 and 45 days after making such a report, the provider agency
again shall contact the law enforcement agency and coroner or
medical examiner to determine whether any further action was
taken. Upon request by a provider agency, a law enforcement
agency and coroner or medical examiner shall supply a summary
of its action in response to a reported death of an eligible
adult. A copy of the report shall be maintained and all
subsequent follow-up with the law enforcement agency and
coroner or medical examiner shall be documented in the case
record of the eligible adult. If the law enforcement agency,
coroner, or medical examiner determines the reported death was
caused by abuse or neglect by a caregiver, the law enforcement
agency, coroner, or medical examiner shall inform the
Department, and the Department shall report the caregiver's
identity on the Registry as described in Section 7.5 of this
Act.
(d) Upon sufficient appropriations to implement a
statewide program, the Department shall implement a program,
based on the recommendations of the Self-Neglect Steering
Committee, 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.
(Source: P.A. 98-49, eff. 7-1-13.)
(320 ILCS 20/3.5)
Sec. 3.5. Other Responsibilities. The Department shall
also be responsible for the following activities, contingent
upon adequate funding; implementation shall be expanded to
adults with disabilities upon the effective date of this
amendatory Act of the 98th General Assembly, except those
responsibilities under subsection (a), which shall be
undertaken as soon as practicable:
(a) promotion of a wide range of endeavors for the
purpose of preventing abuse, neglect, financial
exploitation, and self-neglect, including, but not limited
to, promotion of public and professional education to
increase awareness of abuse, neglect, financial
exploitation, and self-neglect; to increase reports; to
establish access to and use of the Health Care Worker
Registry established under Section 7.5; and to improve
response by various legal, financial, social, and health
systems;
(b) coordination of efforts with other agencies,

councils, and like entities, to include but not be limited
to, the Administrative Office of the Illinois Courts, the
Office of the Attorney General, the State Police, the
Illinois Law Enforcement Training Standards Board, the
State Triad, the Illinois Criminal Justice Information
Authority, the Departments of Public Health, Healthcare
and Family Services, and Human Services, the Illinois
Guardianship and Advocacy Commission, the Family Violence
Coordinating Council, the Illinois Violence Prevention
Authority, and other entities which may impact awareness
of, and response to, abuse, neglect, financial
exploitation, and self-neglect;
(c) collection and analysis of data;
(d) monitoring of the performance of regional
administrative agencies and adult protective services
agencies;
(e) promotion of prevention activities;
(f) establishing and coordinating an aggressive
training program on the unique nature of adult abuse cases
with other agencies, councils, and like entities, to
include but not be limited to the Office of the Attorney
General, the State Police, the Illinois Law Enforcement
Training Standards Board, the State Triad, the Illinois
Criminal Justice Information Authority, the State
Departments of Public Health, Healthcare and Family
Services, and Human Services, the Family Violence

Coordinating Council, the Illinois Violence Prevention
Authority, the agency designated by the Governor under
Section 1 of the Protection and Advocacy for
Developmentally Disabled Persons Act, and other entities
that may impact awareness of and response to abuse,
neglect, financial exploitation, and self-neglect;
(g) solicitation of financial institutions for the
purpose of making information available to the general
public warning of financial exploitation of adults and
related financial fraud or abuse, including such
information and warnings available through signage or
other written materials provided by the Department on the
premises of such financial institutions, provided that the
manner of displaying or distributing such information is
subject to the sole discretion of each financial
institution;
(g-1) developing by joint rulemaking with the
Department of Financial and Professional Regulation
minimum training standards which shall be used by financial
institutions for their current and new employees with
direct customer contact; the Department of Financial and
Professional Regulation shall retain sole visitation and
enforcement authority under this subsection (g-1); the
Department of Financial and Professional Regulation shall
provide bi-annual reports to the Department setting forth
aggregate statistics on the training programs required

under this subsection (g-1); and
(h) coordinating efforts with utility and electric
companies to send notices in utility bills to explain to
persons 60 years of age or older their rights regarding
telemarketing and home repair fraud.
(Source: P.A. 98-49, eff. 7-1-13.)
(320 ILCS 20/4) (from Ch. 23, par. 6604)
Sec. 4. Reports of abuse or neglect.
(a) Any person who suspects the abuse, neglect, financial
exploitation, or self-neglect of an eligible adult may report
this suspicion to an agency designated to receive such reports
under this Act or to the Department.
(a-5) If any mandated reporter has reason to believe that
an eligible adult, who because of a disability or other
condition or impairment is unable to seek assistance for
himself or herself, has, within the previous 12 months, been
subjected to abuse, neglect, or financial exploitation, the
mandated reporter shall, within 24 hours after developing such
belief, report this suspicion to an agency designated to
receive such reports under this Act or to the Department. The
agency designated to receive such reports under this Act or the
Department may establish a manner in which a mandated reporter
can make the required report through an Internet reporting
tool. Information sent and received through the Internet
reporting tool is subject to the same rules in this Act as

other types of confidential reporting established by the
designated agency or the Department. Whenever a mandated
reporter is required to report under this Act in his or her
capacity as a member of the staff of a medical or other public
or private institution, facility, or agency, he or she shall
make a report to an agency designated to receive such reports
under this Act or to the Department in accordance with the
provisions of this Act and may also notify the person in charge
of the institution, facility, board and care home, or agency or
his or her designated agent that the report has been made.
Under no circumstances shall any person in charge of such
institution, facility, board and care home, or agency, or his
or her designated agent to whom the notification has been made,
exercise any control, restraint, modification, or other change
in the report or the forwarding of the report to an agency
designated to receive such reports under this Act or to the
Department. The privileged quality of communication between
any professional person required to report and his or her
patient or client shall not apply to situations involving
abused, neglected, or financially exploited eligible adults
and shall not constitute grounds for failure to report as
required by this Act.
(a-7) A person making a report under this Act in the belief
that it is in the alleged victim's best interest shall be
immune from criminal or civil liability or professional
disciplinary action on account of making the report,

notwithstanding any requirements concerning the
confidentiality of information with respect to such eligible
adult which might otherwise be applicable.
(a-9) Law enforcement officers shall continue to report
incidents of alleged abuse pursuant to the Illinois Domestic
Violence Act of 1986, notwithstanding any requirements under
this Act.
(b) Any person, institution or agency participating in the
making of a report, providing information or records related to
a report, assessment, or services, or participating in the
investigation of a report under this Act in good faith, or
taking photographs or x-rays as a result of an authorized
assessment, shall have immunity from any civil, criminal or
other liability in any civil, criminal or other proceeding
brought in consequence of making such report or assessment or
on account of submitting or otherwise disclosing such
photographs or x-rays to any agency designated to receive
reports of alleged or suspected abuse or neglect. Any person,
institution or agency authorized by the Department to provide
assessment, intervention, or administrative services under
this Act shall, in the good faith performance of those
services, have immunity from any civil, criminal or other
liability in any civil, criminal, or other proceeding brought
as a consequence of the performance of those services. For the
purposes of any civil, criminal, or other proceeding, the good
faith of any person required to report, permitted to report, or

participating in an investigation of a report of alleged or
suspected abuse, neglect, financial exploitation, or
self-neglect shall be presumed.
(c) The identity of a person making a report of alleged or
suspected abuse, neglect, financial exploitation, or
self-neglect under this Act may be disclosed by the Department
or other agency provided for in this Act only with such
person's written consent or by court order, but is otherwise
confidential.
(d) The Department shall by rule establish a system for
filing and compiling reports made under this Act.
(e) Any physician who willfully fails to report as required
by this Act shall be referred to the Illinois State Medical
Disciplinary Board for action in accordance with subdivision
(A)(22) of Section 22 of the Medical Practice Act of 1987. Any
dentist or dental hygienist who willfully fails to report as
required by this Act shall be referred to the Department of
Professional Regulation for action in accordance with
paragraph 19 of Section 23 of the Illinois Dental Practice Act.
Any optometrist who willfully fails to report as required by
this Act shall be referred to the Department of Financial and
Professional Regulation for action in accordance with
paragraph (15) of subsection (a) of Section 24 of the Illinois
Optometric Practice Act of 1987. Any other mandated reporter
required by this Act to report suspected abuse, neglect, or
financial exploitation who willfully fails to report the same

is guilty of a Class A misdemeanor.
(Source: P.A. 97-860, eff. 7-30-12; 98-49, eff. 7-1-13.)
(320 ILCS 20/5) (from Ch. 23, par. 6605)
Sec. 5. Procedure.
(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 may include interviews or
consultations with service agencies or individuals who may have
knowledge of the eligible adult's circumstances. 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 include alternative
suggested or recommended services which are appropriate to the
needs of the eligible adult and which 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.
(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
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.
(Source: P.A. 98-49, eff. 7-1-13.)
(320 ILCS 20/7.5)
Sec. 7.5. Health Care Worker Registry.
(a) To protect individuals receiving in-home and
community-based services, the Department on Aging shall
establish an Adult Protective Service Registry that will be
hosted by the Department of Public Health on its website
effective January 1, 2015, and, if practicable, shall propose
rules for the Registry by January 1, 2015.
(a-5) The Registry shall identify caregivers against whom a
verified and substantiated finding was made under this Act of
abuse, neglect, or financial exploitation.
The information in the Registry shall be confidential
except as specifically authorized in this Act and shall not be
deemed a public record.
(a-10) (a) Reporting to the Registry. The Department on
Aging shall report to the to the Department of Public Health's
Health Care Worker Registry the identity of the caregiver when
a and administrative finding of a verified and substantiated
finding decision of abuse, neglect, or financial exploitation
of an eligible adult under this Act that is made against a

caregiver, and all appeals, challenges, and reviews, if any,
have been completed and a finding for placement on the Registry
has been sustained or upheld. any caregiver , including
consultants and volunteers, employed by a provider licensed,
certified, or regulated by, or paid with public funds from, the
Department of Public Health, Healthcare and Family Services, or
Human Services, or the Department on Aging. For uncompensated
or privately paid caregivers, the Department on Aging shall
report only a verified and substantiated decision of
significant abuse, neglect, or financial exploitation of an
eligible adult under this Act.
A An administrative finding against a caregiver that is
placed in the Registry shall preclude that any caregiver from
providing direct care, as defined in this Section access or
other services, including consulting and volunteering, in a
position with or that is regulated by or paid with public funds
from the Department on Aging, the Department of Healthcare and
Family Services, the Department of Human Services, or the
Department of Public Health or with an entity or provider
licensed, certified, or regulated by or paid with public funds
from any of these State agencies a provider that is licensed,
certified, or regulated by, or paid with public funds from or
on behalf of, the State of Illinois or any Department thereof,
that permits the caregiver direct access to an adult aged 60 or
older or an adult, over 18, with a disability or to that
individual's living quarters or personal, financial, or

medical records.
(b) Definitions. As used in this Section:
"Direct care" includes, but is not limited to, direct
access to a person aged 60 or older or to an adult with
disabilities aged 18 through 59 to an individual, his or her
living quarters, or his or her personal, financial, or medical
records for the purpose of providing nursing care or assistance
with feeding, dressing, movement, bathing, toileting, other
personal needs and activities of daily living or instrumental
activities of daily living, or assistance with financial
transactions.
"Participant" means an individual who uses the services of
an in-home care program funded through the Department on Aging,
the Department of Healthcare and Family Services, the
Department of Human Services, or the Department of Public
Health.
"Privately paid caregiver" means any caregiver who has been
paid with resources other than public funds, regardless of
licensure, certification, or regulation by the State of
Illinois and any Department thereof. A privately paid caregiver
does not include any caregiver that has been licensed,
certified, or regulated by a State agency, or paid with public
funds.
"Significant" means a finding of abuse, neglect, or
financial exploitation as determined by the Department that (i)
represents a meaningful failure to adequately provide for, or a

material indifference to, the financial, health, safety, or
medical needs of an eligible adult or (ii) results in an
eligible adult's death or other serious deterioration of an
eligible adult's financial resources, physical condition, or
mental condition.
"Uncompensated caregiver" means a caregiver who, in an
informal capacity, assists an eligible adult with activities of
daily living, financial transactions, or chore housekeeping
type duties. "Uncompensated caregiver" does not refer to an
individual serving in a formal capacity as a volunteer with a
provider licensed, certified, or regulated by a State agency.
(c) Access to and use of the Registry. Access to the
Registry shall be limited to the Department on Aging, the
Department of Healthcare and Family Services, the Department of
Human Services, and the Department of Public Health and
providers of direct care as described in subsection (a-10) of
this Section. These State agencies and providers licensed,
certified, or regulated providers by the Department of Public
Health, Healthcare and Family Service, or Human Services, or
the Department on Aging. The State of Illinois, any Department
thereof, or a provider licensed, certified, or regulated, or
paid with public funds by, from, or on behalf of the Department
of Public Health, Healthcare and Family Services, or Human
Services, or the Department on Aging, shall not hire, or
compensate either directly or on behalf of a participant, or
utilize the services of any person seeking employment, retain

any contractors, or accept any volunteers to provide direct
care without first conducting an online check of whether the
person has been placed on the Registry the person through the
Department of Public Health's Health Care Worker Registry.
These State agencies and providers The provider shall maintain
a copy of the results of the online check to demonstrate
compliance with this requirement. These State agencies and
providers are The provider is prohibited from retaining,
hiring, compensating either directly or on behalf of a
participant, or utilizing the services of accepting a person to
provide direct care if , including as a consultant or volunteer,
for whom the online check of the person reveals a verified and
substantiated finding claim of abuse, neglect, or financial
exploitation that has been placed on the Registry or when the
State agencies or providers otherwise gain knowledge of such
placement on the Registry , to provide direct access to any
adult aged 60 or older or any adult, over 18, with a
disability. Additionally, a provider is prohibited from
retaining a person for whom they gain knowledge of a verified
and substantiated claim of abuse, neglect, or financial
exploitation in a position that permits the caregiver direct
access to provide direct care to any adult aged 60 or older or
any adult, over 18, with a disability or direct access to that
individual's living quarters or personal, financial, or
medical records. Failure to comply with this requirement may
subject such a provider to corrective action by the appropriate

regulatory agency or other lawful remedies provided under the
applicable licensure, certification, or regulatory laws and
rules.
(d) Notice to caregiver. The Department on Aging shall
establish rules concerning notice to the caregiver in cases of
a verified and substantiated finding of abuse, neglect, or
financial exploitation against him or her that may make him or
her eligible for placement on the Registry.
(e) Notification to eligible adults, guardians, or agents.
As part of its investigation, the Department on Aging shall
notify an eligible adult, or an eligible adult's guardian or
agent, that his or her a caregiver's name may be placed on the
Registry based on a finding as described in subsection (a-10)
(a-1) of this Section.
(f) Notification to employer. The Department on Aging shall
notify the appropriate State agency or provider of direct care,
as described in subsection (a-10), when there is A provider
licensed, certified, or regulated by the Department of Public
Health, Healthcare and Family Services, or Human Services, or
the Department on Aging shall be notified of an administrative
finding against any caregiver who is an employee, consultant,
or volunteer of a verified and substantiated finding decision
of abuse, neglect, or financial exploitation in a case of an
eligible adult under this Act that is reported on the Registry
and that involves one of its caregivers. That State agency or
provider is prohibited from retaining or compensating that

individual in a position that involves direct care, and if . If
there is an imminent risk of danger to the victim eligible
adult or an imminent risk of misuse of personal, medical, or
financial information, that the caregiver shall immediately be
barred from providing direct care access to the victim eligible
adult, his or her living quarters, or his or her personal,
financial, or medical records, pending the outcome of any
challenge, appeal, criminal prosecution, or other type of
collateral action.
(g) Challenges and appeals Caregiver challenges. The
Department on Aging shall establish, by rule, procedures
concerning caregiver challenges and appeals to placement on the
Registry pursuant to legislative intent. The Department shall
not make any report to the Registry pending challenges or
appeals.
(h) Caregiver's rights to collateral action. The
Department on Aging shall not make any report to the Registry
if a caregiver notifies the Department in writing, including
any supporting documentation, that he or she is formally
challenging an adverse employment action resulting from a
verified and substantiated finding of abuse, neglect, or
financial exploitation by complaint filed with the Illinois
Civil Service Commission, or by another means which seeks to
enforce the caregiver's rights pursuant to any applicable
collective bargaining agreement. If an action taken by an
employer against a caregiver as a result of a such a finding of

abuse, neglect, or financial exploitation is overturned
through an action filed with the Illinois Civil Service
Commission or under any applicable collective bargaining
agreement after that caregiver's name has already been sent to
the Registry, the caregiver's name shall be removed from the
Registry.
(i) Removal from Registry. At any time after a report to
the Registry, but no more than once in each successive 3-year
period thereafter, for a maximum of 3 such requests, a
caregiver may write to the Director of the Department on Aging
to request removal of his or her name from the Registry in
relationship to a single incident. The caregiver shall bear the
burden of establishing showing cause that establishes, by a
preponderance of the evidence, that removal of his or her name
from the Registry is in the public interest. Upon receiving
such a request, the Department on Aging shall conduct an
investigation and consider any evidentiary material provided.
The Department shall issue a decision either granting or
denying removal within 60 calendar days, and shall issue such
decision to the caregiver and report it to the Registry. The
waiver process at the Department of Public Health does not
apply to Registry reports from the Department on Aging. The
Department on Aging shall, by rule, establish standards and a
process for requesting the removal of a name from the Registry
by rule.
(j) Referral of Registry reports to health care facilities.

In the event an eligible adult receiving services from a
provider agency changes his or her residence from a domestic
living situation to that of a health care or long term care
facility, the provider agency shall use reasonable efforts to
promptly inform the health care facility and the appropriate
Regional Long Term Care Ombudsman about any Registry reports
relating to the eligible adult. For purposes of this Section, a
health care or long term care facility includes, but is not
limited to, any residential facility licensed, certified, or
regulated by the Department of Public Health, Healthcare and
Family Services, or Human Services.
(k) The Department on Aging and its employees and agents
shall have immunity, except for intentional willful and wanton
misconduct, from any liability, civil, criminal, or otherwise,
for reporting information to and maintaining the Registry.
(Source: P.A. 98-49, eff. 1-1-14; revised 11-12-13.)
(320 ILCS 20/8) (from Ch. 23, par. 6608)
Sec. 8. Access to records. All records concerning reports
of abuse, neglect, financial exploitation, or self-neglect and
all records generated as a result of such reports shall be
confidential and shall not be disclosed except as specifically
authorized by this Act or other applicable law. In accord with
established law and Department protocols, procedures, and
policies, access to such records, but not access to the
identity of the person or persons making a report of alleged

abuse, neglect, financial exploitation, or self-neglect as
contained in such records, shall be provided, upon request, to
the following persons and for the following persons:
(1) Department staff, provider agency staff, other
aging network staff, and regional administrative agency
staff, including staff of the Chicago Department on Aging
while that agency is designated as a regional
administrative agency, in the furtherance of their
responsibilities under this Act;
(2) A law enforcement agency investigating known or
suspected abuse, neglect, financial exploitation, or
self-neglect. Where a provider agency has reason to believe
that the death of an eligible adult may be the result of
abuse or neglect, including any reports made after death,
the agency shall immediately provide the appropriate law
enforcement agency with all records pertaining to the
eligible adult;
(2.5) A law enforcement agency, fire department
agency, or fire protection district having proper
jurisdiction pursuant to a written agreement between a
provider agency and the law enforcement agency, fire
department agency, or fire protection district under which
the provider agency may furnish to the law enforcement
agency, fire department agency, or fire protection
district a list of all eligible adults who may be at
imminent risk of abuse, neglect, financial exploitation,

or self-neglect;
(3) A physician who has before him or her or who is
involved in the treatment of an eligible adult whom he or
she reasonably suspects may be abused, neglected,
financially exploited, or self-neglected or who has been
referred to the Adult Protective Services Program;
(4) An eligible adult reported to be abused, neglected,
financially exploited, or self-neglected, or such adult's
authorized guardian or agent, unless such guardian or agent
is the abuser or the alleged abuser;
(4.5) An executor or administrator of the estate of an
eligible adult who is deceased;
(5) In cases regarding abuse, neglect, or financial
exploitation, a court or a guardian ad litem, upon its or
his or her finding that access to such records may be
necessary for the determination of an issue before the
court. However, such access shall be limited to an in
camera inspection of the records, unless the court
determines that disclosure of the information contained
therein is necessary for the resolution of an issue then
pending before it;
(5.5) In cases regarding self-neglect, a guardian ad
litem;
(6) A grand jury, upon its determination that access to
such records is necessary in the conduct of its official
business;

(7) Any person authorized by the Director, in writing,
for audit or bona fide research purposes;
(8) A coroner or medical examiner who has reason to
believe that an eligible adult has died as the result of
abuse, neglect, financial exploitation, or self-neglect.
The provider agency shall immediately provide the coroner
or medical examiner with all records pertaining to the
eligible adult;
(8.5) A coroner or medical examiner having proper
jurisdiction, pursuant to a written agreement between a
provider agency and the coroner or medical examiner, under
which the provider agency may furnish to the office of the
coroner or medical examiner a list of all eligible adults
who may be at imminent risk of death as a result of abuse,
neglect, financial exploitation, or self-neglect;
(9) Department of Financial and Professional
Regulation staff and members of the Illinois Medical
Disciplinary Board or the Social Work Examining and
Disciplinary Board in the course of investigating alleged
violations of the Clinical Social Work and Social Work
Practice Act by provider agency staff or other licensing
bodies at the discretion of the Director of the Department
on Aging;
(9-a) Department of Healthcare and Family Services
staff when that Department is funding services to the
eligible adult, including access to the identity of the

eligible adult;
(9-b) Department of Human Services staff when that
Department is funding services to the eligible adult or is
providing reimbursement for services provided by the
abuser or alleged abuser, including access to the identity
of the eligible adult;
(10) Hearing officers in the course of conducting an
administrative hearing under this Act; parties to such
hearing shall be entitled to discovery as established by
rule; to determine whether a verified and substantiated
finding of significant abuse, neglect, or financial
exploitation of an eligible adult by a caregiver warrants
reporting to the Health Care Worker Registry; and
(11) A caregiver who challenges placement on the
Registry shall be given the statement of allegations in the
abuse report and the substantiation decision in the final
investigative report; and
(12) (11) The Illinois Guardianship and Advocacy
Commission and the agency designated by the Governor under
Section 1 of the Protection and Advocacy for
Developmentally Disabled Persons Act shall have access,
through the Department, to records, including the
findings, pertaining to a completed or closed
investigation of a report of suspected abuse, neglect,
financial exploitation, or self-neglect of an eligible
adult.

(Source: P.A. 97-864, eff. 1-1-13; 98-49, eff. 7-1-13.)
(320 ILCS 20/9) (from Ch. 23, par. 6609)
Sec. 9. Authority to consent to services.
(a) If an eligible adult consents to an assessment of a
reported incident of suspected abuse, neglect, financial
exploitation, or self-neglect and, following the assessment of
such report, consents to services being provided according to
the case plan, such services shall be arranged to meet the
adult's needs, based upon the availability of resources to
provide such services. If an adult withdraws his or her consent
for an assessment of the reported incident or withdraws his or
her consent for services and refuses to accept such services,
the services shall not be provided.
(b) If it reasonably appears to the Department or other
agency designated under this Act that a person is an eligible
adult and lacks the capacity to consent to an assessment of a
reported incident of suspected abuse, neglect, financial
exploitation, or self-neglect or to necessary services, the
Department or other agency shall take appropriate action
necessary to ameliorate risk to the eligible adult if there is
a threat of ongoing harm or another emergency exists. The
Department or other agency shall be authorized to seek the
notify the Illinois Guardianship and Advocacy Commission, the
Office of State Guardian, or any other appropriate agency, of
the potential need for appointment of a temporary guardian as

provided in Article XIa of the Probate Act of 1975 for the
purpose of consenting to an assessment of the reported incident
and such services, together with an order for an evaluation of
the eligible adult's physical, psychological, and medical
condition and decisional capacity.
(c) A guardian of the person of an eligible adult may
consent to an assessment of the reported incident and to
services being provided according to the case plan. If an
eligible adult lacks capacity to consent, an agent having
authority under a power of attorney may consent to an
assessment of the reported incident and to services. If the
guardian or agent is the suspected abuser and he or she
withdraws consent for the assessment of the reported incident,
or refuses to allow services to be provided to the eligible
adult, the Department, an agency designated under this Act, or
the office of the Attorney General may request a court order
seeking appropriate remedies, and may in addition request
removal of the guardian and appointment of a successor guardian
or request removal of the agent and appointment of a guardian.
(d) If an emergency exists and the Department or other
agency designated under this Act reasonably believes that a
person is an eligible adult and lacks the capacity to consent
to necessary services, the Department or other agency may
request an ex parte order from the circuit court of the county
in which the petitioner or respondent resides or in which the
alleged abuse, neglect, financial exploitation, or

self-neglect occurred, authorizing an assessment of a report of
alleged or suspected abuse, neglect, financial exploitation,
or self-neglect or the provision of necessary services, or
both, including relief available under the Illinois Domestic
Violence Act of 1986 in accord with established law and
Department protocols, procedures, and policies. Petitions
filed under this subsection shall be treated as expedited
proceedings. When an eligible adult is at risk of serious
injury or death and it reasonably appears that the eligible
adult lacks capacity to consent to necessary services, the
Department or other agency designated under this Act may take
action necessary to ameliorate the risk in accordance with
administrative rules promulgated by the Department.
(d-5) For purposes of this Section, an eligible adult
"lacks the capacity to consent" if qualified staff of an agency
designated under this Act reasonably determine, in accordance
with administrative rules promulgated by the Department, that
he or she appears either (i) unable to receive and evaluate
information related to the assessment or services or (ii)
unable to communicate in any manner decisions related to the
assessment of the reported incident or services.
(e) Within 15 days after the entry of the ex parte
emergency order, the order shall expire, or, if the need for
assessment of the reported incident or services continues, the
provider agency shall petition for the appointment of a
guardian as provided in Article XIa of the Probate Act of 1975

for the purpose of consenting to such assessment or services or
to protect the eligible adult from further harm.
(f) If the court enters an ex parte order under subsection
(d) for an assessment of a reported incident of alleged or
suspected abuse, neglect, financial exploitation, or
self-neglect, or for the provision of necessary services in
connection with alleged or suspected self-neglect, or for both,
the court, as soon as is practicable thereafter, shall appoint
a guardian ad litem for the eligible adult who is the subject
of the order, for the purpose of reviewing the reasonableness
of the order. The guardian ad litem shall review the order and,
if the guardian ad litem reasonably believes that the order is
unreasonable, the guardian ad litem shall file a petition with
the court stating the guardian ad litem's belief and requesting
that the order be vacated.
(g) In all cases in which there is a substantiated finding
of abuse, neglect, or financial exploitation by a guardian, the
Department shall, within 30 days after the finding, notify the
Probate Court with jurisdiction over the guardianship.
(Source: P.A. 98-49, eff. 7-1-13.)
(320 ILCS 20/13)
Sec. 13. Access.
(a) In accord with established law and Department
protocols, procedures, and policies, the designated provider
agencies shall have access to eligible adults who have been

reported or found to be victims of abuse, neglect, financial
exploitation, or self-neglect in order to assess the validity
of the report, assess other needs of the eligible adult, and
provide services in accordance with this Act.
(a-5) A representative of the Department or a designated
provider agency that is actively involved in an abuse, neglect,
financial exploitation, or self-neglect investigation under
this Act shall be allowed access to the financial records,
mental and physical health records, and other relevant
evaluative records of the eligible adult which are in the
possession of any individual, financial institution, health
care provider, mental health provider, educational facility,
or other facility if necessary to complete the investigation
mandated by this Act. The provider or facility shall provide
such records to the representative upon receipt of a written
request and certification from the Department or designated
provider agency that an investigation is being conducted under
this Act and the records are pertinent to the investigation.
Any records received by such representative, the
confidentiality of which is protected by another law or rule,
shall be maintained as confidential, except for such use as may
be necessary for any administrative or other legal proceeding.
(b) Where access to an eligible adult is denied, including
the refusal to provide requested records, the Office of the
Attorney General, the Department, or the provider agency may
petition the court for an order to require appropriate access

where:
(1) a caregiver or third party has interfered with the
assessment or service plan, or
(2) the agency has reason to believe that the eligible
adult is denying access because of coercion, extortion, or
justifiable fear of future abuse, neglect, or financial
exploitation.
(c) The petition for an order requiring appropriate access
shall be afforded an expedited hearing in the circuit court.
(d) If the provider agency has substantiated financial
exploitation against an eligible adult, and has documented a
reasonable belief that the eligible adult will be irreparably
harmed as a result of the financial exploitation, the Office of
the Attorney General, the Department, or the provider agency
may petition for an order freezing the assets of the eligible
adult. The petition shall be filed in the county or counties in
which the assets are located. The court's order shall prohibit
the sale, gifting, transfer, or wasting of the assets of the
eligible adult, both real and personal, owned by, or vested in,
the eligible adult, without the express permission of the
court. The petition to freeze the assets of the eligible adult
shall be afforded an expedited hearing in the circuit court.
(Source: P.A. 96-526, eff. 1-1-10.)
(320 ILCS 20/15)
Sec. 15. Abuse Fatality Review Teams.

(a) State policy.
(1) Both the State and the community maintain a
commitment to preventing the abuse, neglect, and financial
exploitation of at-risk adults. This includes a charge to
bring perpetrators of crimes against at-risk adults to
justice and prevent untimely deaths in the community.
(2) When an at-risk adult dies, the response to the
death by the community, law enforcement, and the State must
include an accurate and complete determination of the cause
of death, and the development and implementation of
measures to prevent future deaths from similar causes.
(3) Multidisciplinary and multi-agency reviews of
deaths can assist the State and counties in developing a
greater understanding of the incidence and causes of
premature deaths and the methods for preventing those
deaths, improving methods for investigating deaths, and
identifying gaps in services to at-risk adults.
(4) Access to information regarding the deceased
person and his or her family by multidisciplinary and
multi-agency at-risk adult fatality review teams is
necessary in order to fulfill their purposes and duties.
(a-5) Definitions. As used in this Section:
"Advisory Council" means the Illinois At-Risk Adult
Fatality Review Team Advisory Council.
"Review Team" means a regional interagency at-risk
adult fatality review team.

(b) The Director, in consultation with the Advisory
Council, law enforcement, and other professionals who work in
the fields of investigating, treating, or preventing abuse or
neglect of at-risk adults, shall appoint members to a minimum
of one review team in each of the Department's planning and
service areas. Each member of a review team shall be appointed
for a 2-year term and shall be eligible for reappointment upon
the expiration of the term. A review team's purpose in
conducting review of at-risk adult deaths is: (i) to assist
local agencies in identifying and reviewing suspicious deaths
of adult victims of alleged, suspected, or substantiated abuse
or neglect in domestic living situations; (ii) to facilitate
communications between officials responsible for autopsies and
inquests and persons involved in reporting or investigating
alleged or suspected cases of abuse, neglect, or financial
exploitation of at-risk adults and persons involved in
providing services to at-risk adults; (iii) to evaluate means
by which the death might have been prevented; and (iv) to
report its findings to the appropriate agencies and the
Advisory Council and make recommendations that may help to
reduce the number of at-risk adult deaths caused by abuse and
neglect and that may help to improve the investigations of
deaths of at-risk adults and increase prosecutions, if
appropriate.
(b-5) Each such team shall be composed of representatives
of entities and individuals including, but not limited to:

(1) the Department on Aging;
(2) coroners or medical examiners (or both);
(3) State's Attorneys;
(4) local police departments;
(5) forensic units;
(6) local health departments;
(7) a social service or health care agency that
provides services to persons with mental illness, in a
program whose accreditation to provide such services is
recognized by the Division of Mental Health within the
Department of Human Services;
(8) a social service or health care agency that
provides services to persons with developmental
disabilities, in a program whose accreditation to provide
such services is recognized by the Division of
Developmental Disabilities within the Department of Human
Services;
(9) a local hospital, trauma center, or provider of
emergency medicine;
(10) providers of services for eligible adults in
domestic living situations; and
(11) a physician, psychiatrist, or other health care
provider knowledgeable about abuse and neglect of at-risk
adults.
(c) A review team shall review cases of deaths of at-risk
adults occurring in its planning and service area (i) involving

blunt force trauma or an undetermined manner or suspicious
cause of death, (ii) if requested by the deceased's attending
physician or an emergency room physician, (iii) upon referral
by a health care provider, (iv) upon referral by a coroner or
medical examiner, (v) constituting an open or closed case from
an adult protective services agency, law enforcement agency,
State's Attorney's office, or the Department of Human Services'
Office of the Inspector General that involves alleged or
suspected abuse, neglect, or financial exploitation; or (vi)
upon referral by a law enforcement agency or State's Attorney's
office. If such a death occurs in a planning and service area
where a review team has not yet been established, the Director
shall request that the Advisory Council or another review team
review that death. A team may also review deaths of at-risk
adults if the alleged abuse or neglect occurred while the
person was residing in a domestic living situation.
A review team shall meet not less than 6 times a year to
discuss cases for its possible review. Each review team, with
the advice and consent of the Department, shall establish
criteria to be used in discussing cases of alleged, suspected,
or substantiated abuse or neglect for review and shall conduct
its activities in accordance with any applicable policies and
procedures established by the Department.
(c-5) The Illinois At-Risk Adult Fatality Review Team Teams
Advisory Council, consisting of one member from each review
team in Illinois, shall be the coordinating and oversight body

for review teams and activities in Illinois. The Director may
appoint to the Advisory Council any ex-officio members deemed
necessary. Persons with expertise needed by the Advisory
Council may be invited to meetings. The Advisory Council must
select from its members a chairperson and a vice-chairperson,
each to serve a 2-year term. The chairperson or
vice-chairperson may be selected to serve additional,
subsequent terms. The Advisory Council must meet at least 4
times during each calendar year.
The Department may provide or arrange for the staff support
necessary for the Advisory Council to carry out its duties. The
Director, in cooperation and consultation with the Advisory
Council, shall appoint, reappoint, and remove review team
members.
The Advisory Council has, but is not limited to, the
following duties:
(1) To serve as the voice of review teams in Illinois.
(2) To oversee the review teams in order to ensure that
the review teams' work is coordinated and in compliance
with State statutes and the operating protocol.
(3) To ensure that the data, results, findings, and
recommendations of the review teams are adequately used in
a timely manner to make any necessary changes to the
policies, procedures, and State statutes in order to
protect at-risk adults.
(4) To collaborate with the Department in order to

develop any legislation needed to prevent unnecessary
deaths of at-risk adults.
(5) To ensure that the review teams' review processes
are standardized in order to convey data, findings, and
recommendations in a usable format.
(6) To serve as a link with review teams throughout the
country and to participate in national review team
activities.
(7) To provide the review teams with the most current
information and practices concerning at-risk adult death
review and related topics.
(8) To perform any other functions necessary to enhance
the capability of the review teams to reduce and prevent
at-risk adult fatalities.
The Advisory Council may prepare an annual report, in
consultation with the Department, using aggregate data
gathered by review teams and using the review teams'
recommendations to develop education, prevention, prosecution,
or other strategies designed to improve the coordination of
services for at-risk adults and their families.
In any instance where a review team does not operate in
accordance with established protocol, the Director, in
consultation and cooperation with the Advisory Council, must
take any necessary actions to bring the review team into
compliance with the protocol.
(d) Any document or oral or written communication shared

within or produced by the review team relating to a case
discussed or reviewed by the review team is confidential and is
not admissible as evidence in any civil or criminal proceeding,
except for use by a State's Attorney's office in prosecuting a
criminal case against a caregiver. Those records and
information are, however, subject to discovery or subpoena, and
are admissible as evidence, to the extent they are otherwise
available to the public.
Any document or oral or written communication provided to a
review team by an individual or entity, and created by that
individual or entity solely for the use of the review team, is
confidential, is not subject to disclosure to or discoverable
by another party, and is not admissible as evidence in any
civil or criminal proceeding, except for use by a State's
Attorney's office in prosecuting a criminal case against a
caregiver. Those records and information are, however, subject
to discovery or subpoena, and are admissible as evidence, to
the extent they are otherwise available to the public.
Each entity or individual represented on the abuse fatality
review team may share with other members of the team
information in the entity's or individual's possession
concerning the decedent who is the subject of the review or
concerning any person who was in contact with the decedent, as
well as any other information deemed by the entity or
individual to be pertinent to the review. Any such information
shared by an entity or individual with other members of the

review team is confidential. The intent of this paragraph is to
permit the disclosure to members of the review team of any
information deemed confidential or privileged or prohibited
from disclosure by any other provision of law. Release of
confidential communication between domestic violence advocates
and a domestic violence victim shall follow subsection (d) of
Section 227 of the Illinois Domestic Violence Act of 1986 which
allows for the waiver of privilege afforded to guardians,
executors, or administrators of the estate of the domestic
violence victim. This provision relating to the release of
confidential communication between domestic violence advocates
and a domestic violence victim shall exclude adult protective
service providers.
A coroner's or medical examiner's office may share with the
review team medical records that have been made available to
the coroner's or medical examiner's office in connection with
that office's investigation of a death.
Members of a review team and the Advisory Council are not
subject to examination, in any civil or criminal proceeding,
concerning information presented to members of the review team
or the Advisory Council or opinions formed by members of the
review team or the Advisory Council based on that information.
A person may, however, be examined concerning information
provided to a review team or the Advisory Council.
(d-5) Meetings of the review teams and the Advisory Council
may be closed to the public under the Open Meetings Act.

Records and information provided to a review team and the
Advisory Council, and records maintained by a team or the
Advisory Council, are exempt from release under the Freedom of
Information Act.
(e) A review team's recommendation in relation to a case
discussed or reviewed by the review team, including, but not
limited to, a recommendation concerning an investigation or
prosecution, may be disclosed by the review team upon the
completion of its review and at the discretion of a majority of
its members who reviewed the case.
(e-5) The State shall indemnify and hold harmless members
of a review team and the Advisory Council for all their acts,
omissions, decisions, or other conduct arising out of the scope
of their service on the review team or Advisory Council, except
those involving willful or wanton misconduct. The method of
providing indemnification shall be as provided in the State
Employee Indemnification Act.
(f) The Department, in consultation with coroners, medical
examiners, and law enforcement agencies, shall use aggregate
data gathered by and recommendations from the Advisory Council
and the review teams to create an annual report and may use
those data and recommendations to develop education,
prevention, prosecution, or other strategies designed to
improve the coordination of services for at-risk adults and
their families. The Department or other State or county agency,
in consultation with coroners, medical examiners, and law

enforcement agencies, also may use aggregate data gathered by
the review teams to create a database of at-risk individuals.
(g) The Department shall adopt such rules and regulations
as it deems necessary to implement this Section.
(Source: P.A. 98-49, eff. 7-1-13.)