Bill Text: IL HB4530 | 2023-2024 | 103rd General Assembly | Introduced


Bill Title: Amends the Adult Protective Services Act. Expands the Act to provide adult protective services to persons 18 years of age or older who are enrolled in a school district, charter school, or nonpublic school in this State.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-01-31 - Referred to Rules Committee [HB4530 Detail]

Download: Illinois-2023-HB4530-Introduced.html

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB4530

Introduced , by Rep. Joyce Mason

SYNOPSIS AS INTRODUCED:
320 ILCS 20/2 from Ch. 23, par. 6602

Amends the Adult Protective Services Act. Expands the Act to provide adult protective services to persons 18 years of age or older who are enrolled in a school district, charter school, or nonpublic school in this State.
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A BILL FOR

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1 AN ACT concerning adult protective services.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Adult Protective Services Act is amended by
5changing Section 2 as follows:
6 (320 ILCS 20/2) (from Ch. 23, par. 6602)
7 Sec. 2. Definitions. As used in this Act, unless the
8context requires otherwise:
9 (a) "Abandonment" means the desertion or willful forsaking
10of an eligible adult by an individual responsible for the care
11and custody of that eligible adult under circumstances in
12which a reasonable person would continue to provide care and
13custody. Nothing in this Act shall be construed to mean that an
14eligible adult is a victim of abandonment because of health
15care services provided or not provided by licensed health care
16professionals.
17 (a-1) "Abuse" means causing any physical, mental or sexual
18injury to an eligible adult, including exploitation of such
19adult's financial resources, and abandonment.
20 Nothing in this Act shall be construed to mean that an
21eligible adult is a victim of abuse, abandonment, neglect, or
22self-neglect for the sole reason that he or she is being
23furnished with or relies upon treatment by spiritual means

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1through prayer alone, in accordance with the tenets and
2practices of a recognized church or religious denomination.
3 Nothing in this Act shall be construed to mean that an
4eligible adult is a victim of abuse because of health care
5services provided or not provided by licensed health care
6professionals.
7 Nothing in this Act shall be construed to mean that an
8eligible adult is a victim of abuse in cases of criminal
9activity by strangers, telemarketing scams, consumer fraud,
10internet fraud, home repair disputes, complaints against a
11homeowners' association, or complaints between landlords and
12tenants.
13 (a-5) "Abuser" means a person who is a family member,
14caregiver, or another person who has a continuing relationship
15with the eligible adult and abuses, abandons, neglects, or
16financially exploits an eligible adult.
17 (a-6) "Adult with disabilities" means a person aged 18
18through 59 who resides in a domestic living situation and
19whose disability as defined in subsection (c-5) impairs his or
20her ability to seek or obtain protection from abuse,
21abandonment, neglect, or exploitation.
22 (a-7) "Caregiver" means a person who either as a result of
23a family relationship, voluntarily, or in exchange for
24compensation has assumed responsibility for all or a portion
25of the care of an eligible adult who needs assistance with
26activities of daily living or instrumental activities of daily

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1living.
2 (b) "Department" means the Department on Aging of the
3State of Illinois.
4 (c) "Director" means the Director of the Department.
5 (c-5) "Disability" means a physical or mental disability,
6including, but not limited to, a developmental disability, an
7intellectual disability, a mental illness as defined under the
8Mental Health and Developmental Disabilities Code, or dementia
9as defined under the Alzheimer's Disease Assistance Act.
10 (d) "Domestic living situation" means a residence where
11the eligible adult at the time of the report lives alone or
12with his or her family or a caregiver, or others, or other
13community-based unlicensed facility, but is not:
14 (1) A licensed facility as defined in Section 1-113 of
15 the Nursing Home Care Act;
16 (1.5) A facility licensed under the ID/DD Community
17 Care Act;
18 (1.6) A facility licensed under the MC/DD Act;
19 (1.7) A facility licensed under the Specialized Mental
20 Health Rehabilitation Act of 2013;
21 (2) A "life care facility" as defined in the Life Care
22 Facilities Act;
23 (3) A home, institution, or other place operated by
24 the federal government or agency thereof or by the State
25 of Illinois;
26 (4) A hospital, sanitarium, or other institution, the

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1 principal activity or business of which is the diagnosis,
2 care, and treatment of human illness through the
3 maintenance and operation of organized facilities
4 therefor, which is required to be licensed under the
5 Hospital Licensing Act;
6 (5) A "community living facility" as defined in the
7 Community Living Facilities Licensing Act;
8 (6) (Blank);
9 (7) A "community-integrated living arrangement" as
10 defined in the Community-Integrated Living Arrangements
11 Licensure and Certification Act or a "community
12 residential alternative" as licensed under that Act;
13 (8) An assisted living or shared housing establishment
14 as defined in the Assisted Living and Shared Housing Act;
15 or
16 (9) A supportive living facility as described in
17 Section 5-5.01a of the Illinois Public Aid Code.
18 (e) "Eligible adult" means either a person aged 18 or
19older who is enrolled in a school district, charter school, or
20nonpublic school in this State, an adult with disabilities
21aged 18 through 59, or a person aged 60 or older who resides in
22a domestic living situation and is, or is alleged to be,
23abused, abandoned, neglected, or financially exploited by
24another individual or who neglects himself or herself.
25"Eligible adult" also includes an adult who resides in any of
26the facilities that are excluded from the definition of

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1"domestic living situation" under paragraphs (1) through (9)
2of subsection (d), if either: (i) the alleged abuse,
3abandonment, or neglect occurs outside of the facility and not
4under facility supervision and the alleged abuser is a family
5member, caregiver, or another person who has a continuing
6relationship with the adult; or (ii) the alleged financial
7exploitation is perpetrated by a family member, caregiver, or
8another person who has a continuing relationship with the
9adult, but who is not an employee of the facility where the
10adult resides.
11 (f) "Emergency" means a situation in which an eligible
12adult is living in conditions presenting a risk of death or
13physical, mental or sexual injury and the provider agency has
14reason to believe the eligible adult is unable to consent to
15services which would alleviate that risk.
16 (f-1) "Financial exploitation" means the use of an
17eligible adult's resources by another to the disadvantage of
18that adult or the profit or advantage of a person other than
19that adult.
20 (f-3) "Investment advisor" means any person required to
21register as an investment adviser or investment adviser
22representative under Section 8 of the Illinois Securities Law
23of 1953, which for purposes of this Act excludes any bank,
24trust company, savings bank, or credit union, or their
25respective employees.
26 (f-5) "Mandated reporter" means any of the following

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1persons while engaged in carrying out their professional
2duties:
3 (1) a professional or professional's delegate while
4 engaged in: (i) social services, (ii) law enforcement,
5 (iii) education, (iv) the care of an eligible adult or
6 eligible adults, or (v) any of the occupations required to
7 be licensed under the Behavior Analyst Licensing Act, the
8 Clinical Psychologist Licensing Act, the Clinical Social
9 Work and Social Work Practice Act, the Illinois Dental
10 Practice Act, the Dietitian Nutritionist Practice Act, the
11 Marriage and Family Therapy Licensing Act, the Medical
12 Practice Act of 1987, the Naprapathic Practice Act, the
13 Nurse Practice Act, the Nursing Home Administrators
14 Licensing and Disciplinary Act, the Illinois Occupational
15 Therapy Practice Act, the Illinois Optometric Practice Act
16 of 1987, the Pharmacy Practice Act, the Illinois Physical
17 Therapy Act, the Physician Assistant Practice Act of 1987,
18 the Podiatric Medical Practice Act of 1987, the
19 Respiratory Care Practice Act, the Professional Counselor
20 and Clinical Professional Counselor Licensing and Practice
21 Act, the Illinois Speech-Language Pathology and Audiology
22 Practice Act, the Veterinary Medicine and Surgery Practice
23 Act of 2004, and the Illinois Public Accounting Act;
24 (1.5) an employee of an entity providing developmental
25 disabilities services or service coordination funded by
26 the Department of Human Services;

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1 (2) an employee of a vocational rehabilitation
2 facility prescribed or supervised by the Department of
3 Human Services;
4 (3) an administrator, employee, or person providing
5 services in or through an unlicensed community based
6 facility;
7 (4) any religious practitioner who provides treatment
8 by prayer or spiritual means alone in accordance with the
9 tenets and practices of a recognized church or religious
10 denomination, except as to information received in any
11 confession or sacred communication enjoined by the
12 discipline of the religious denomination to be held
13 confidential;
14 (5) field personnel of the Department of Healthcare
15 and Family Services, Department of Public Health, and
16 Department of Human Services, and any county or municipal
17 health department;
18 (6) personnel of the Department of Human Services, the
19 Guardianship and Advocacy Commission, the State Fire
20 Marshal, local fire departments, the Department on Aging
21 and its subsidiary Area Agencies on Aging and provider
22 agencies, except the State Long Term Care Ombudsman and
23 any of his or her representatives or volunteers where
24 prohibited from making such a report pursuant to 45 CFR
25 1324.11(e)(3)(iv);
26 (7) any employee of the State of Illinois not

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1 otherwise specified herein who is involved in providing
2 services to eligible adults, including professionals
3 providing medical or rehabilitation services and all other
4 persons having direct contact with eligible adults;
5 (8) a person who performs the duties of a coroner or
6 medical examiner;
7 (9) a person who performs the duties of a paramedic or
8 an emergency medical technician; or
9 (10) a person who performs the duties of an investment
10 advisor.
11 (g) "Neglect" means another individual's failure to
12provide an eligible adult with or willful withholding from an
13eligible adult the necessities of life including, but not
14limited to, food, clothing, shelter or health care. This
15subsection does not create any new affirmative duty to provide
16support to eligible adults. Nothing in this Act shall be
17construed to mean that an eligible adult is a victim of neglect
18because of health care services provided or not provided by
19licensed health care professionals.
20 (h) "Provider agency" means any public or nonprofit agency
21in a planning and service area that is selected by the
22Department or appointed by the regional administrative agency
23with prior approval by the Department on Aging to receive and
24assess reports of alleged or suspected abuse, abandonment,
25neglect, or financial exploitation. A provider agency is also
26referenced as a "designated agency" in this Act.

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1 (i) "Regional administrative agency" means any public or
2nonprofit agency in a planning and service area that provides
3regional oversight and performs functions as set forth in
4subsection (b) of Section 3 of this Act. The Department shall
5designate an Area Agency on Aging as the regional
6administrative agency or, in the event the Area Agency on
7Aging in that planning and service area is deemed by the
8Department to be unwilling or unable to provide those
9functions, the Department may serve as the regional
10administrative agency or designate another qualified entity to
11serve as the regional administrative agency; any such
12designation shall be subject to terms set forth by the
13Department.
14 (i-5) "Self-neglect" means a condition that is the result
15of an eligible adult's inability, due to physical or mental
16impairments, or both, or a diminished capacity, to perform
17essential self-care tasks that substantially threaten his or
18her own health, including: providing essential food, clothing,
19shelter, and health care; and obtaining goods and services
20necessary to maintain physical health, mental health,
21emotional well-being, and general safety. The term includes
22compulsive hoarding, which is characterized by the acquisition
23and retention of large quantities of items and materials that
24produce an extensively cluttered living space, which
25significantly impairs the performance of essential self-care
26tasks or otherwise substantially threatens life or safety.

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