Bill Text: IL SB3604 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: Amends the Adult Protective Services Act. Provides that any person may report information about the suspicious death of an eligible adult to an agency designated to receive such reports under the Act or to the Department on Aging. Provides that 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 the Act or to the Department for subsequent referral to the appropriate law enforcement agency and the coroner or medical examiner. Prohibits an employer from discriminating against any employee who reports information about the suspicious death of an eligible adult in accordance with the Act. Provides that any mandated reporter who is required under the Act to report a suspicious death due to abuse, neglect, or financial exploitation shall testify fully in any administrative hearing resulting from such report. Provides that a referral to law enforcement may be made after a report of a suspicious death, depending upon the circumstances. Provides that all records concerning reports of suspicious deaths due to 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, with some exceptions. Effective January 1, 2021.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2021-01-13 - Session Sine Die [SB3604 Detail]

Download: Illinois-2019-SB3604-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 SB3604 Introduced 2/13/2020, by Sen. Rachelle Crowe SYNOPSIS AS INTRODUCED:
320 ILCS 20/4 from Ch. 23, par. 6604
320 ILCS 20/4.1
320 ILCS 20/4.2
320 ILCS 20/5 from Ch. 23, par. 6605
320 ILCS 20/8 from Ch. 23, par. 6608
Amends the Adult Protective Services Act. Provides that any person may report information about the suspicious death of an eligible adult to an agency designated to receive such reports under the Act or to the Department on Aging. Provides that 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 the Act or to the Department for subsequent referral to the appropriate law enforcement agency and the coroner or medical examiner. Prohibits an employer from discriminating against any employee who reports information about the suspicious death of an eligible adult in accordance with the Act. Provides that any mandated reporter who is required under the Act to report a suspicious death due to abuse, neglect, or financial exploitation shall testify fully in any administrative hearing resulting from such report. Provides that a referral to law enforcement may be made after a report of a suspicious death, depending upon the circumstances. Provides that all records concerning reports of suspicious deaths due to 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, with some exceptions. Effective January 1, 2021.
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FISCAL NOTE ACT MAY APPLY
A BILL FOR
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AN ACT concerning aging.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Adult Protective Services Act is amended by
changing Sections 4, 4.1, 4.2, 5, and 8 as follows:
(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 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
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

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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 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-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

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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.
(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,

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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 or a report concerning information about the
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

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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;
98-1039, eff. 8-25-14.)
(320 ILCS 20/4.1)
Sec. 4.1. Employer discrimination. No employer shall
discharge, demote or suspend, or threaten to discharge, demote
or suspend, or in any manner discriminate against any employee:
(i) who makes any good faith oral or written report of
suspected abuse, neglect, or financial exploitation; (ii) who
makes any good faith oral or written report concerning
information about the suspicious death of an eligible adult; or
(iii) who is or will be a witness or testify in any
investigation or proceeding concerning a report of suspected
abuse, neglect, or financial exploitation.
(Source: P.A. 98-49, eff. 7-1-13.)

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(320 ILCS 20/4.2)
Sec. 4.2. Testimony by mandated reporter and investigator.
Any mandated reporter who makes a report or any person who
investigates a report under this Act shall testify fully in any
judicial proceeding resulting from such report, as to any
evidence of abuse, neglect, or financial exploitation or the
cause thereof. Any mandated reporter who is required to report
a suspected case of or a suspicious death due to abuse,
neglect, or financial exploitation under Section 4 of this Act
shall testify fully in any administrative hearing resulting
from such report, as to any evidence of abuse, neglect, or
financial exploitation or the cause thereof. No evidence shall
be excluded by reason of any common law or statutory privilege
relating to communications between the alleged abuser or the
eligible adult subject of the report under this Act and the
person making or investigating the report.
(Source: P.A. 90-628, eff. 1-1-99.)
(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,

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casework, and follow-up of reports of self-neglect by the
provider agencies designated to receive reports of
self-neglect shall be subject to sufficient appropriation for
statewide implementation of assessments, casework, and
follow-up of reports of self-neglect. In the absence of
sufficient appropriation for statewide implementation of
assessments, casework, and follow-up of reports of
self-neglect, the designated adult protective services
provider agency shall refer all reports of self-neglect to the
appropriate agency or agencies as designated by the Department
for any follow-up. The assessment shall include, but not be
limited to, a visit to the residence of the eligible adult who
is the subject of the report and shall include interviews or
consultations regarding the allegations with service agencies,
immediate family members, and individuals who may have
knowledge of the eligible adult's circumstances based on the
consent of the eligible adult in all instances, except where
the provider agency is acting in the best interest of an
eligible adult who is unable to seek assistance for himself or
herself and where there are allegations against a caregiver who
has assumed responsibilities in exchange for compensation. If,
after the assessment, the provider agency determines that the
case is substantiated it shall develop a service care plan for
the eligible adult and may report its findings at any time
during the case to the appropriate law enforcement agency in
accord with established law and Department protocols,

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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, at or any time during the
case, 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 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

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investigation.
(Source: P.A. 101-496, eff. 1-1-20.)
(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 or
reports of suspicious deaths due to 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;
(1.5) A representative of the public guardian acting in
the course of investigating the appropriateness of
guardianship for the eligible adult or while pursuing a

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petition for guardianship of the eligible adult pursuant to
the Probate Act of 1975;
(2) A law enforcement agency or State's Attorney's
office 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,

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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

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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 and provider agency 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 and provider
agency 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

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administrative hearing under this Act; parties to such
hearing shall be entitled to discovery as established by
rule;
(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) The Illinois Guardianship and Advocacy Commission
and the agency designated by the Governor under Section 1
of the Protection and Advocacy for Persons with
Developmental Disabilities 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. 98-49, eff. 7-1-13; 98-1039, eff. 8-25-14;
99-143, eff. 7-27-15; 99-287, eff. 1-1-16; 99-547, eff.
7-15-16; 99-642, eff. 7-28-16.)
Section 99. Effective date. This Act takes effect January
1, 2021.