Bill Text: IL HB4338 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Reinserts the provisions of the introduced bill with the following changes. Further amends the Open Meetings Act. In the definition of "public body", provides that "public body" does not include the regional interagency fatality review teams and the Illinois Fatality Review Team Advisory Council established under the Adult Protective Services Act. Removes a provision that exempts from the Act's open meetings requirement those meetings of the Illinois Fatality Review Team Advisory Council and regional interagency fatality review teams concerning a review of an elderly adult's death from suspected, alleged, or substantiated abuse or neglect. Further amends the Adult Protective Services Act. Expands the definition of "abuse" to mean subjecting an eligible adult to an environment which creates a likelihood of harm to the eligible adult's health, physical and emotional well-being, or welfare. Makes changes to provisions concerning multi-disciplinary teams; face-to-face assessments conducted by provider agencies regarding reports of alleged or suspected abuse, abandonment, neglect, or financial exploitation; procedures on how to evaluate reports of self-neglect; final investigative reports; eligibility screenings for self-neglect; and other matters.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced) 2024-04-19 - House Floor Amendment No. 2 Rule 19(c) / Re-referred to Rules Committee [HB4338 Detail]

Download: Illinois-2023-HB4338-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4338 Introduced , by Rep. Michelle Mussman SYNOPSIS AS INTRODUCED:
See Index
Amends the Adult Protective Services Act. Expands the definition of abuse to include causing any emotional injury to an adult with disabilities aged 18 through 59 or a person aged 60 or older (eligible adults). Provides that, contingent upon adequate funding, the Department on Aging may provide funding for legal assistance for eligible adults. Provides that, for self-neglect cases, the Department shall establish mandatory standards for the provision of emergent casework and follow-up services to mitigate the risk of harm or death to an eligible adult. Provides that, upon receiving a report of self-neglect, a provider agency shall conduct an unannounced face-to-face visit at the residence of the eligible adult to administer an eligibility screening to quickly determine if the eligible adult is posing a substantial threat to himself or herself or to others. Sets forth the process and procedures for eligibility screenings. Provides that if an eligibility screening indicates self-neglect, the provider agency shall develop and implement within 5 business days a case plan for the eligible adult in consultation with any other appropriate provider of services. Requires the Department to establish, by rule, the time period within which an eligibility screening shall begin and within which a service plan shall be implemented. As to all investigations conducted under the Act, requires a provider agency to notify the eligible adult, the alleged abuser, and the reporter of abuse of the agency's final investigative findings. Makes changes to provisions concerning an eligible adult's capacity to consent to an eligibility screening. Changes the minimal number of times the Illinois Fatality Review Team Advisory Council must meet each calendar year. Makes other changes. Repeals a provision permitting the Department to use qualified volunteers to provide companion-type services to eligible adults. Amends the Open Meetings Act. Exempts from the requirements of the Act meetings conducted by the Illinois Fatality Review Team Advisory Council and regional interagency fatality review teams.
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A BILL FOR
HB4338 LRB103 35332 KTG 65391 b
AN ACT concerning aging.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. The Opening 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, specific individuals who serve as independent
contractors in a park, recreational, or educational

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setting, or specific volunteers of the public body or
legal counsel for the public body, including hearing
testimony on a complaint lodged against an employee, a
specific individual who serves as an independent
contractor in a park, recreational, or educational
setting, or a volunteer of the public body or against
legal counsel for the public body to determine its
validity. However, a meeting to consider an increase in
compensation to a specific employee of a public body that
is subject to the Local Government Wage Increase
Transparency Act may not be closed and shall be open to the
public and posted and held in accordance with this Act.
(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,

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provided that the body prepares and makes available for
public inspection a written decision setting forth its
determinative reasoning.
(4.5) Evidence or testimony presented to a school
board regarding denial of admission to school events or
property pursuant to Section 24-24 of the School Code,
provided that the school board 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, school building safety and
security, 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

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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

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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, or for the discussion of matters protected
under the federal Patient Safety and Quality Improvement
Act of 2005, and the regulations promulgated thereunder,
including 42 C.F.R. Part 3 (73 FR 70732), or the federal
Health Insurance Portability and Accountability Act of
1996, and the regulations promulgated thereunder,
including 45 C.F.R. Parts 160, 162, and 164, by 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.

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(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

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disclosed under Section 11-9 of the Illinois Public Aid
Code or (ii) that pertain to appeals under Section 11-8 of
the Illinois 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
fatality review team or the Illinois 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) Meetings and deliberations for decisions of the
Concealed Carry Licensing Review Board under the Firearm
Concealed Carry Act.
(32) Meetings between the Regional Transportation
Authority Board and its Service Boards when the discussion
involves review by the Regional Transportation Authority
Board of employment contracts under Section 28d of the
Metropolitan Transit Authority Act and Sections 3A.18 and
3B.26 of the Regional Transportation Authority Act.
(33) Those meetings or portions of meetings of the

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advisory committee and peer review subcommittee created
under Section 320 of the Illinois Controlled Substances
Act during which specific controlled substance prescriber,
dispenser, or patient information is discussed.
(34) Meetings of the Tax Increment Financing Reform
Task Force under Section 2505-800 of the Department of
Revenue Law of the Civil Administrative Code of Illinois.
(35) Meetings of the group established to discuss
Medicaid capitation rates under Section 5-30.8 of the
Illinois Public Aid Code.
(36) Those deliberations or portions of deliberations
for decisions of the Illinois Gaming Board in which there
is discussed any of the following: (i) personal,
commercial, financial, or other information obtained from
any source that is privileged, proprietary, confidential,
or a trade secret; or (ii) information specifically
exempted from the disclosure by federal or State law.
(37) Deliberations for decisions of the Illinois Law
Enforcement Training Standards Board, the Certification
Review Panel, and the Illinois State Police Merit Board
regarding certification and decertification.
(38) Meetings of the Ad Hoc Statewide Domestic
Violence Fatality Review Committee of the Illinois
Criminal Justice Information Authority Board that occur in
closed executive session under subsection (d) of Section
35 of the Domestic Violence Fatality Review Act.

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(39) Meetings of the regional review teams under
subsection (a) of Section 75 of the Domestic Violence
Fatality Review Act.
(40) Meetings of the Firearm Owner's Identification
Card Review Board under Section 10 of the Firearm Owners
Identification Card Act.
(41) Meetings of the Illinois Fatality Review Team
Advisory Council and regional interagency fatality review
teams under Section 15 of the Adult Protective Services
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

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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. 102-237, eff. 1-1-22; 102-520, eff. 8-20-21;
102-558, eff. 8-20-21; 102-813, eff. 5-13-22; 103-311, eff.
7-28-23.)
Section 5. The Adult Protective Services Act is amended by
changing Sections 2, 3, 3.1, 3.5, 4, 5, 6, 7, 7.1, 9, and 15
and by adding Section 5.1 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) "Abandonment" means the desertion or willful forsaking
of an eligible adult by an individual responsible for the care
and custody of that eligible adult under circumstances in
which a reasonable person would continue to provide care and
custody. Nothing in this Act shall be construed to mean that an
eligible adult is a victim of abandonment because of health
care services provided or not provided by licensed health care

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professionals.
(a-1) "Abuse" means causing any physical, mental,
emotional, or sexual injury to an eligible adult, including
exploitation of such adult's financial resources, and
abandonment.
Nothing in this Act shall be construed to mean that an
eligible adult is a victim of abuse, abandonment, 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.
Nothing in this Act shall be construed to mean that an
eligible adult is a victim of abuse in cases of criminal
activity by strangers, telemarketing scams, consumer fraud,
internet fraud, home repair disputes, complaints against a
homeowners' association, or complaints between landlords and
tenants.
(a-5) "Abuser" means a person who is a family member,
caregiver, or another person who has a continuing relationship
with the eligible adult and abuses, abandons, neglects, or
financially exploits an eligible adult.
(a-6) "Adult with disabilities" means a person aged 18

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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,
abandonment, 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;

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(1.6) A facility licensed under the MC/DD 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.

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(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, abandoned, neglected, or financially
exploited by another individual or who neglects himself or
herself. "Eligible adult" also includes an adult who resides
in any of the facilities that are excluded from the definition
of "domestic living situation" under paragraphs (1) through
(9) of subsection (d), if either: (i) the alleged abuse,
abandonment, or neglect occurs outside of the facility and not
under facility supervision and the alleged abuser is a family
member, caregiver, or another person who has a continuing
relationship with the adult; or (ii) the alleged financial
exploitation is perpetrated by a family member, caregiver, or
another person who has a continuing relationship with the
adult, but who is not an employee of the facility where the
adult resides.
(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.

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(f-3) "Investment advisor" means any person required to
register as an investment adviser or investment adviser
representative under Section 8 of the Illinois Securities Law
of 1953, which for purposes of this Act excludes any bank,
trust company, savings bank, or credit union, or their
respective employees.
(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 Behavior Analyst Licensing Act, 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

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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

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Marshal, local fire departments, the Department on Aging
and its subsidiary Area Agencies on Aging and provider
agencies, except the State Long Term Care Ombudsman and
any of his or her representatives or volunteers where
prohibited from making such a report pursuant to 45 CFR
1324.11(e)(3)(iv);
(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;
(9) a person who performs the duties of a paramedic or
an emergency medical technician; or
(10) a person who performs the duties of an investment
advisor.
(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.

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(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, abandonment,
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.
(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

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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, abandonment, neglect, financial
exploitation, or self-neglect in which a provider agency,
after assessment, determines that there is reason to believe
abuse, abandonment, 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, abandonment, neglect, or
financial exploitation.
(Source: P.A. 102-244, eff. 1-1-22; 102-953, eff. 5-27-22;
103-329, eff. 1-1-24.)
(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, abandonment, neglect,
financial exploitation, or self-neglect. The Department may

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develop policies and procedures to effectively administer all
aspects of the program defined in this Act. 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. Contingent upon adequate funding, the Department, at
its discretion, may provide funding for legal assistance for
eligible adults. 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, abandonment, neglect, and financial
exploitation, or self-neglect of eligible adults and mandatory
procedures for linking eligible adults to appropriate services
and supports. For self-neglect, the Department shall establish
mandatory standards for the provision of emergent casework and
follow-up services to mitigate the risk of harm or death to the
eligible adult.
(a-5) A provider agency shall, in accordance with rules

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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. A
multi-disciplinary team shall meet on an as-needed basis
whenever a case received by the provider agency requires
consultation of the multi-disciplinary team.
(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, abandonment, neglect, financial

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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,
abandonment, 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, abandonment, 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,
abandonment, 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

HB4338 - 23 - LRB103 35332 KTG 65391 b
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, abandonment, 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) (Blank). 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. 102-244, eff. 1-1-22.)

HB4338 - 24 - LRB103 35332 KTG 65391 b
(320 ILCS 20/3.1)
Sec. 3.1. Adult protective services dementia training.
(a) This Section shall apply to any person who is employed
by the Department in the Adult Protective Services division,
or is contracted with the Department, and works on the
development or implementation of social services to respond to
and prevent adult abuse, neglect, or exploitation.
(b) The Department shall implement a dementia training
program that must include instruction on the identification of
people with dementia, risks such as wandering, communication
impairments, and elder abuse, and the best practices for
interacting with people with dementia.
(c) Training of at least 2 hours shall be completed at the
start of employment with the Adult Protective Services
division. Persons who are employees of the Adult Protective
Services division on the effective date of this amendatory Act
of the 102nd General Assembly shall complete this training
within 6 months after the effective date of this amendatory
Act of the 102nd General Assembly. The training shall cover
the following subjects:
(1) Alzheimer's disease and dementia.
(2) Safety risks.
(3) Communication and behavior.
(d) Annual continuing education shall include at least 2
hours of dementia training covering the subjects described in
subsection (c).

HB4338 - 25 - LRB103 35332 KTG 65391 b
(e) This Section is designed to address gaps in current
dementia training requirements for Adult Protective Services
officials and improve the quality of training. If laws or
rules existing on the effective date of this amendatory Act of
the 102nd General Assembly contain more rigorous training
requirements for Adult Protective Service officials, those
laws or rules shall apply. Where there is overlap between this
Section and other laws and rules, the Department shall
interpret this Section to avoid duplication of requirements
while ensuring that the minimum requirements set in this
Section are met.
(f) The Department may adopt rules for the administration
of this Section.
(Source: P.A. 102-4, eff. 4-27-21.)
(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, abandonment, neglect,
financial exploitation, and self-neglect, including, but

HB4338 - 26 - LRB103 35332 KTG 65391 b
not limited to, promotion of public and professional
education to increase awareness of abuse, abandonment,
neglect, financial exploitation, and self-neglect; to
increase reports; to establish access to and use of the
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 Illinois 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, abandonment, 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

HB4338 - 27 - LRB103 35332 KTG 65391 b
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 Illinois 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 Persons with
Developmental Disabilities Act, and other entities that
may impact awareness of and response to abuse,
abandonment, 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; and
(g-1) developing by joint rulemaking with the

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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. 102-244, eff. 1-1-22; 102-538, eff. 8-20-21;
102-813, eff. 5-13-22.)
(320 ILCS 20/4) (from Ch. 23, par. 6604)
Sec. 4. Reports of abuse, abandonment, or neglect.
(a) Any person who suspects the abuse, abandonment,
neglect, financial exploitation, or self-neglect of an
eligible adult may report this suspicion or information about
the suspicious death of an eligible adult 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

HB4338 - 29 - LRB103 35332 KTG 65391 b
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, abandonment, 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, 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, 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

HB4338 - 30 - LRB103 35332 KTG 65391 b
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,
abandoned, neglected, or financially exploited eligible adults
and shall not constitute grounds for failure to report as
required by this Act.
(a-6) If a mandated reporter has reason to believe that
the death of an eligible adult may be the result of abuse or
neglect, the matter shall be reported to an agency designated
to receive such reports under this Act or to the Department for
subsequent referral to the appropriate law enforcement agency
and the coroner or medical examiner in accordance with
subsection (c-5) of Section 3 of 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.

HB4338 - 31 - LRB103 35332 KTG 65391 b
(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, abandonment, 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,
abandonment, neglect, financial exploitation, or self-neglect
shall be presumed.
(c) The identity of a person making a report of alleged or
suspected abuse, abandonment, neglect, financial exploitation,
or self-neglect or a report concerning information about the

HB4338 - 32 - LRB103 35332 KTG 65391 b
suspicious death of an eligible adult 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 Financial and Professional Regulation for
possible disciplinary 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, abandonment,
neglect, or financial exploitation who willfully fails to
report the same is guilty of a Class A misdemeanor.
(Source: P.A. 102-244, eff. 1-1-22; 103-329, eff. 1-1-24.)
(320 ILCS 20/5) (from Ch. 23, par. 6605)

HB4338 - 33 - LRB103 35332 KTG 65391 b
Sec. 5. Procedure.
(a) A provider agency designated to receive reports of
alleged or suspected abuse, abandonment, neglect, financial
exploitation, or self-neglect under this Act shall, upon
receiving such a report of alleged or suspected abuse,
abandonment, neglect, or financial exploitation, shall ,
conduct a face-to-face assessment with respect to such report,
in accord with established law and Department protocols,
procedures, and policies. A provider agency that receives a
report of self-neglect shall follow the procedures set forth
in Section 5.1. 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.
(b) 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 include interviews or consultations
regarding the allegations with service agencies, immediate
family members, and individuals who may have knowledge of the

HB4338 - 34 - LRB103 35332 KTG 65391 b
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 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.
(c) (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, at any time during the case,

HB4338 - 35 - LRB103 35332 KTG 65391 b
or after a report of a suspicious death, depending upon the
circumstances. Where a provider agency has reason to believe
the death of an eligible adult may be the result of abuse,
abandonment, or neglect, the agency shall immediately report
the matter to the coroner or medical examiner and shall
cooperate fully with any subsequent investigation.
(d) (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. 102-244, eff. 1-1-22; 103-329, eff. 1-1-24.)
(320 ILCS 20/5.1 new)
Sec. 5.1. Procedure for self-neglect.
(a) A provider agency, upon receiving a report of
self-neglect, shall conduct an unannounced face-to-face visit
at the residence of the eligible adult to administer an
eligibility screening within the prescribed timeframe. The
eligibility screening is intended to quickly determine if the
eligible adult is posing a substantial threat to himself or
herself or to others. A full assessment phase shall not be
completed for self-neglect cases and eligible adults
experiencing self-neglect shall immediately enter the casework
phase to begin service referrals to mitigate risk.

HB4338 - 36 - LRB103 35332 KTG 65391 b
(b) The eligibility screening shall include, but is not
limited to:
(1) an interview with the eligible adult;
(2) interviews or consultations regarding the
allegations with immediate family members and other
individuals who may have knowledge of the eligible adult's
circumstances; and
(3) an inquiry of active service providers engaged
with the eligible adult who are providing services that
are mitigating the risk identified on the intake. These
service providers may be, but are not limited to:
(i) Managed care organizations.
(ii) Case coordination units.
(iii) The Department of Human Services' Division
of Rehabilitation Services.
(iv) The Department of Human Services' Division of
Developmental Disabiliti
es.
(v) The Department of Human Services' Division of
Mental Health.
(c) During the visit, a provider agency shall obtain the
consent of the eligible adult before initiating the
eligibility screening. If the eligible adult cannot consent,
and where the provider agency is acting in the best interest of
an eligible adult who is unable to seek assistance for
themselves, the provider agency shall conduct the eligibility
screening as described in subsection (b).

HB4338 - 37 - LRB103 35332 KTG 65391 b
(d) When the eligibility screening indicates that the
vulnerable adult is experiencing self-neglect, the provider
agency shall, within 5 business days and with client consent,
develop and implement a case plan.
(e) In developing a case plan, the provider agency shall
consult with any other appropriate provider of services to
ensure that there are no duplications of services. Such
providers shall be immune from civil or criminal liability on
account of such acts.
(f) The service 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.
(g) Only those services to which consent is provided in
accordance with Section 9 shall be provided, contingent upon
the availability of such services.
(320 ILCS 20/6) (from Ch. 23, par. 6606)
Sec. 6. Time. The Department shall by rule establish the
period of time within which an assessment or eligibility
screening shall begin and within which a service care plan
shall be implemented. Such rules shall provide for an
expedited response to emergency situations.
(Source: P.A. 85-1184.)

HB4338 - 38 - LRB103 35332 KTG 65391 b
(320 ILCS 20/7) (from Ch. 23, par. 6607)
Sec. 7. Review. All services provided to an eligible adult
shall be reviewed by the provider agency on at least a
quarterly basis for up to one year to determine whether the
service care plan should be continued or modified, except
that, upon review, the Department on Aging may grant a waiver
to extend the service care plan for up to one additional year.
The provider agency shall demonstrate responsiveness to the
eligible adult's needs in the provision of services.
(Source: P.A. 95-331, eff. 8-21-07.)
(320 ILCS 20/7.1)
Sec. 7.1. Final investigative report. A provider agency
shall prepare a final investigative report, upon the
completion or closure of an investigation, in all cases of
reported abuse, abandonment, neglect, financial exploitation,
or self-neglect of an eligible adult, whether or not there is a
substantiated finding. Notice of findings shall be provided to
the eligible adult, the alleged abuser, and the reporter by
the provider agency.
(Source: P.A. 102-244, eff. 1-1-22.)
(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, abandonment, neglect, or

HB4338 - 39 - LRB103 35332 KTG 65391 b
financial exploitation, or to an eligibility screening for a
reported incident of self-neglect and, following the
assessment or eligibility screening 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 or
eligibility screening 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, abandonment, neglect, or
financial exploitation, or to an eligibility screening for a
reported incident of 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. Once the
emergent risk has been mitigated, the The Department or the
provider other agency shall be authorized to seek the
appointment of a temporary guardian as provided in Article XIa
of the Probate Act of 1975 or a surrogate decision-maker for
the purpose of consenting to an assessment or eligibility
screening of the reported incident and such services, together
with an order for an evaluation of the eligible adult's

HB4338 - 40 - LRB103 35332 KTG 65391 b
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, abandonment, neglect, financial exploitation,
or self-neglect occurred, authorizing an assessment of a
report of alleged or suspected abuse, abandonment, neglect,

HB4338 - 41 - LRB103 35332 KTG 65391 b
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

HB4338 - 42 - LRB103 35332 KTG 65391 b
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, abandonment, 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, abandonment, 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. 102-244, eff. 1-1-22.)
(320 ILCS 20/15)
Sec. 15. Fatality review teams.
(a) State policy.
(1) Both the State and the community maintain a

HB4338 - 43 - LRB103 35332 KTG 65391 b
commitment to preventing the abuse, abandonment, 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 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 Fatality Review
Team Advisory Council.
"Review Team" means a regional interagency fatality
review team.
(b) The Director, in consultation with the Advisory

HB4338 - 44 - LRB103 35332 KTG 65391 b
Council, law enforcement, and other professionals who work in
the fields of investigating, treating, or preventing abuse,
abandonment, 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. If a review team in
an established planning and service area may be better served
combining with adjacent planning and service areas for greater
access to cases or expansion of expertise, then the Department
is authorized to combine review teams. 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, abandonment, 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, abandonment, 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,
abandonment, and neglect and that may help to improve the

HB4338 - 45 - LRB103 35332 KTG 65391 b
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 or a designated regional
administrative agency as appointed by the Department;
(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

HB4338 - 46 - LRB103 35332 KTG 65391 b
(11) a physician, psychiatrist, or other health care
provider knowledgeable about abuse, abandonment, 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, abandonment,
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, abandonment, or neglect occurred while the person was
residing in a domestic living situation.
A review team shall meet not less than 2 4 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,

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or substantiated abuse, abandonment, 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 Fatality Review Team 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 2 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

HB4338 - 48 - LRB103 35332 KTG 65391 b
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

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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 fatality
review team may share with other members of the team
information in the entity's or individual's possession

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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

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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) Meeting of the review teams and the Advisory Council
are exempt from the Open Meetings Act. 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

HB4338 - 52 - LRB103 35332 KTG 65391 b
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. 102-244, eff. 1-1-22.)
(320 ILCS 20/14 rep.)
Section 10. The Adult Protective Services Act is amended
by repealing Section 14.
HB4338 - 53 - LRB103 35332 KTG 65391 b
INDEX
Statutes amended in order of appearance