Bill Text: IL SB3935 | 2011-2012 | 97th General Assembly | Introduced

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Bill Title: Amends the Abuse of Adults with Disabilities Intervention Act. Requires the Office of Inspector General to immediately notify the appropriate law enforcement agency, including the appropriate State's Attorney's office, of the receipt of a complaint or report of alleged abuse, neglect, or exploitation of an adult with disabilities. Provides that upon the death of an adult with disabilities, where a complaint or report of alleged abuse, neglect, or exploitation was made prior to the person's death pursuant to the Act, regardless of whether the complaint or report was substantiated or unsubstantiated, and regardless of whether consent was given for an assessment, the Office of Inspector General designated by the Department of Human Services shall immediately report the matter to the appropriate law enforcement agency, including the appropriate State's Attorney's office, and coroner or medical examiner. Provides that such reports shall be in writing and shall contain information concerning (1) prior complaints or reports of alleged abuse, neglect, or exploitation of the disabled adult; (2) actions taken or not taken by the Office of Inspector General or the Department; (3) personnel who were involved in investigating the compliant or report of alleged abuse, neglect, or exploitation; and (4) case numbers. Requires the Office of Inspector General to: maintain a copy of the written report; document any subsequent actions; forward certain reports to the Attorney General; follow up on all deaths of adults with disabilities that were referred by the Office to a law enforcement agency since 2003; and other matters. Contains provisions concerning other matters. Effective immediately.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2013-01-08 - Session Sine Die [SB3935 Detail]

Download: Illinois-2011-SB3935-Introduced.html

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97TH GENERAL ASSEMBLY State of Illinois 2011 and 2012 SB3935 Introduced 11/14/2012, by Sen. William R. Haine SYNOPSIS AS INTRODUCED:
See Index
Amends the Abuse of Adults with Disabilities Intervention Act. Requires the Office of Inspector General to immediately notify the appropriate law enforcement agency, including the appropriate State's Attorney's office, of the receipt of a complaint or report of alleged abuse, neglect, or exploitation of an adult with disabilities. Provides that upon the death of an adult with disabilities, where a complaint or report of alleged abuse, neglect, or exploitation was made prior to the person's death pursuant to the Act, regardless of whether the complaint or report was substantiated or unsubstantiated, and regardless of whether consent was given for an assessment, the Office of Inspector General designated by the Department of Human Services shall immediately report the matter to the appropriate law enforcement agency, including the appropriate State's Attorney's office, and coroner or medical examiner. Provides that such reports shall be in writing and shall contain information concerning (1) prior complaints or reports of alleged abuse, neglect, or exploitation of the disabled adult; (2) actions taken or not taken by the Office of Inspector General or the Department; (3) personnel who were involved in investigating the compliant or report of alleged abuse, neglect, or exploitation; and (4) case numbers. Requires the Office of Inspector General to: maintain a copy of the written report; document any subsequent actions; forward certain reports to the Attorney General; follow up on all deaths of adults with disabilities that were referred by the Office to a law enforcement agency since 2003; and other matters. Contains provisions concerning other matters. Effective immediately.
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FISCAL NOTE ACT MAY APPLY
A BILL FOR
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AN ACT concerning State government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Abuse of Adults with Disabilities
Intervention Act is amended by changing Sections 15, 25, 35,
40, and 45 and by adding Sections 36 and 37 as follows:
(20 ILCS 2435/15) (from Ch. 23, par. 3395-15)
Sec. 15. Definitions. As used in this Act:
"Abuse" means causing any physical, sexual, or mental abuse
to an adult with disabilities, including exploitation of the
adult's financial resources. Nothing in this Act shall be
construed to mean that an adult with disabilities is a victim
of abuse or 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 adult
with disabilities is a victim of abuse because of health care
services provided or not provided by licensed health care
professionals.
"Adult with disabilities" means a person aged 18 through 59
who resides in a domestic living situation and whose physical
or mental disability impairs his or her ability to seek or

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obtain protection from abuse, neglect, or exploitation.
"Department" means the Department of Human Services.
"Adults with Disabilities Abuse Project" or "project"
means that program within the Office of Inspector General
designated by the Department of Human Services to receive and
assess reports of alleged or suspected abuse, neglect, or
exploitation of adults with disabilities.
"Domestic living situation" means a residence where the
adult with disabilities lives alone or with his or her family
or household members, a care giver, or others or at a board and
care home 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 or Section 1-113 of the ID/DD
Community Care Act or Section 1-113 of the Specialized
Mental Health Rehabilitation Act.
(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, a federal agency, or the State.
(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 and that
is required to be licensed under the Hospital Licensing
Act.

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(5) A community living facility as defined in the
Community Living Facilities Licensing Act.
(6) A community-integrated living arrangement as
defined in the Community-Integrated Living Arrangements
Licensure and Certification Act or community residential
alternative as licensed under that Act.
"Emergency" means a situation in which an adult with
disabilities is in danger of death or great bodily harm.
"Family or household members" means a person who as a
family member, volunteer, or paid care provider has assumed
responsibility for all or a portion of the care of an adult
with disabilities who needs assistance with activities of daily
living.
"Financial exploitation" means the illegal, including
tortious, use of the assets or resources of an adult with
disabilities. Exploitation includes, but is not limited to, the
misappropriation of assets or resources of an adult with
disabilities by undue influence, by breach of a fiduciary
relationship, by fraud, deception, or extortion, or by the use
of the assets or resources in a manner contrary to law.
"Mental abuse" means the infliction of emotional or mental
distress by a caregiver, a family member, or any person with
ongoing access to a person with disabilities by threat of harm,
humiliation, or other verbal or nonverbal conduct.
"Neglect" means the failure of another individual to
provide an adult with disabilities with or the willful

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withholding from an adult with disabilities the necessities of
life, including, but not limited to, food, clothing, shelter,
or medical care.
Nothing in the definition of "neglect" shall be construed
to impose a requirement that assistance be provided to an adult
with disabilities over his or her objection in the absence of a
court order, nor to create any new affirmative duty to provide
support, assistance, or intervention to an adult with
disabilities. Nothing in this Act shall be construed to mean
that an adult with disabilities is a victim of neglect because
of health care services provided or not provided by licensed
health care professionals.
"Physical abuse" means any of the following acts:
(1) knowing or reckless use of physical force,
confinement, or restraint;
(2) knowing, repeated, and unnecessary sleep
deprivation;
(3) knowing or reckless conduct which creates an
immediate risk of physical harm; or
(4) when committed by a caregiver, a family member, or
any person with ongoing access to a person with
disabilities, directing another person to physically abuse
a person with disabilities.
"Secretary" means the Secretary of Human Services.
"Service plan" means a temporary plan of the actions
developed to address the service or support needs of the adult

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with a disability.
"Sexual abuse" means touching, fondling, sexual threats,
sexually inappropriate remarks, or any other sexual activity
with an adult with disabilities when the adult with
disabilities is unable to understand, unwilling to consent,
threatened, or physically forced to engage in sexual behavior.
Sexual abuse includes acts of sexual exploitation including,
but not limited to, facilitating or compelling an adult with
disabilities to become a prostitute, or receiving anything of
value from an adult with disabilities knowing it was obtained
in whole or in part from the practice of prostitution.
"Substantiated case" means a reported case of alleged or
suspected abuse, neglect, or exploitation in which the Adults
with Disabilities Abuse Project staff, after assessment,
determines that there is reason to believe abuse, neglect, or
exploitation has occurred.
(Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11; 97-227,
eff. 1-1-12; 97-354, eff. 8-12-11; 97-813, eff. 7-13-12.)
(20 ILCS 2435/25) (from Ch. 23, par. 3395-25)
Sec. 25. Reports of abuse, neglect, or exploitation of an
adult with disabilities.
(a) Any person who has reasonable cause to believe abuse,
neglect, or exploitation of an adult with disabilities has
occurred may report this to the statewide telephone number
established under this Act.

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(b) Any person, institution, or agency making a report or
assessment under this Section in good faith, or providing
information, participating in an assessment, or taking
photographs or x-rays, shall be immune from any civil or
criminal liability on account of making the report or
assessment, providing information, or participating in an
assessment, or on account of submitting or otherwise disclosing
the photographs or x-rays to the Adults with Disabilities Abuse
Project.
(c) The identity of a person making a report of alleged or
suspected abuse, neglect, or exploitation under this Section
may be disclosed by the Office of Inspector General only with
the person's written consent or by court order.
(d) The privileged quality of communication between any
licensed health care professional or any other person who
reports abuse, neglect, or exploitation and his or her patient
or client shall not apply to situations involving abused,
neglected, or exploited adults with disabilities. Use of a
telecommunication device for the deaf constitutes an oral
report. Written reports may be taken, but cannot be required.
(e) All reports shall, if possible, include the name and
address of the adult with disabilities, the name and address of
the alleged abuser, if applicable, the nature and extent of the
suspected abuse, neglect, or exploitation, the possible extent
of the injury or condition as a result of the abuse, neglect,
or exploitation, any evidence of previous abuse, neglect, or

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exploitation, the time, date and location of the incident, the
name, address of the reporter, and any other information that
the reporter believes may be useful in assessing the suspected
abuse, neglect, or exploitation.
(e-1) The Office of Inspector General shall immediately
notify the appropriate law enforcement agency, including the
appropriate State's Attorney's office, of the receipt of a
complaint or report of alleged abuse, neglect, or exploitation
of an adult with disabilities.
(f) The Office of Inspector General shall refer evidence of
crimes against an adult with disabilities to the appropriate
law enforcement agency, including the appropriate State's
Attorney's office, immediately upon finding evidence of a
crime. according to Office of Inspector General policies. A
referral to law enforcement may be made at any time. Upon the
death of an adult with disabilities, where a complaint or
report of alleged abuse, neglect, or exploitation was made
prior to the person's death pursuant to this Act, regardless of
whether the complaint or report was substantiated or
unsubstantiated, and regardless of whether consent was given
for an assessment, the Office of Inspector General shall
immediately report the matter to both the appropriate (i) law
enforcement agency, including the appropriate State's
Attorney's office, and (ii) coroner or medical examiner.
Such reports shall be in writing and, at a minimum, shall
contain information regarding (1) the prior complaint or report

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of alleged abuse, neglect, or exploitation of the deceased
adult with disabilities, the deceased adult with disabilities,
and the reporter, upon the reporter's consent pursuant to this
Act; (2) actions taken or not taken by the Office of Inspector
General or the Department upon receiving the complaint or
report of alleged abuse, neglect, or exploitation; (3) the
personnel from the Department and the Office of Inspector
General who were involved in investigating the compliant or
report of alleged abuse, neglect, or exploitation; and (4) as
available and applicable, the case numbers for the Department,
the Office of Inspector General, law enforcement, and the
coroner or medical examiner. The Office of Inspector General
shall also maintain a copy of the written report and shall
document subsequent action, if any, by the appropriate law
enforcement agency.
Upon the completion of the coroner's report and the law
enforcement agency's investigation, the Office of Inspector
General shall forward its written report, the coroner's report,
and the law enforcement agency's final investigative report to
the Attorney General.
(f-1) Between 30 and 45 days after reporting the death of
an adult with disabilities who was the subject of a pending
complaint investigation by the Office of Inspector General to
the appropriate law enforcement agency, including the
appropriate State's Attorney's office, the Office of Inspector
General shall contact that law enforcement agency and State's

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Attorney's office to determine whether any further action was
taken. If no further action was taken, at the end of the 45
days following the Office of Inspector General's written
report, the Office of Inspector General shall notify the Office
of the Attorney General in writing.
(f-2) The Office of Inspector General shall contact the
appropriate law enforcement agency, including the appropriate
State's Attorney's office, to follow up on all deaths of adults
with disabilities that were referred by the Office of Inspector
General to a law enforcement agency pursuant to this Act since
2003. For all other deaths of adults with disabilities who were
the subject of pending complaint investigations by the Office
of Inspector General since 2003, the Office of Inspector
General shall undertake a detailed review of each file to
determine whether further action is required.
When the Office of Inspector General has reason to believe
that the death of an adult with disabilities may be the result
of abuse, neglect, or exploitation, the Office of Inspector
General shall immediately report the matter to the coroner or
medical examiner and shall cooperate fully with any subsequent
investigation.
(g) Nothing in this Act shall preclude a person from
reporting an alleged act of abuse, neglect, or exploitation of
an adult with disabilities to a law enforcement agency.
(h) Nothing in this Act shall diminish the duty of law
enforcement officers to respond to and investigate incidents of

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alleged abuse, neglect, and exploitation pursuant to the
Illinois Domestic Violence Act of 1986, when applicable.
(Source: P.A. 91-671, eff. 7-1-00.)
(20 ILCS 2435/35) (from Ch. 23, par. 3395-35)
Sec. 35. Assessment of reports.
(a) The Adults with Disabilities Abuse Project shall, upon
receiving a report of alleged or suspected abuse, neglect, or
exploitation obtain the consent of the subject of the report to
conduct an assessment with respect to the report. The
assessment shall include, but not be limited to, a face-to-face
interview with the adult with disabilities who is the subject
of the report and shall may include a visit to the residence of
the adult with disabilities, and interviews or consultations
with service agencies or individuals who may have knowledge of
the circumstances of the adult with disabilities. A
determination shall be made whether each report is
substantiated. The Office of Inspector General must notify the
proper law enforcement agency and State's Attorney's office to
investigate if a crime has been committed. If the Office of
Inspector General determines that there is clear and
substantial risk of death or great bodily harm, it shall
immediately secure or provide emergency protective services
for purposes of preventing further abuse, neglect, or
exploitation, and for safeguarding the welfare of the person.
Such services must be provided in the least restrictive

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environment commensurate with the adult with disabilities'
needs.
(a-5) The Adults with Disabilities Abuse Project shall
initiate an assessment of all reports of alleged or suspected
abuse or neglect within 7 days after receipt of the report,
except reports of abuse or neglect that indicate that the life
or safety of an adult with disabilities is in imminent danger
shall be assessed within 24 hours after receipt of the report.
Reports of exploitation shall be assessed within 30 days after
the receipt of the report. These reports shall be submitted to
the proper law enforcement agency and State's Attorney's
office.
(b) (Blank).
(c) The Department shall effect written interagency
agreements with other State departments and any other public
and private agencies to coordinate and cooperate in the
handling of substantiated cases; to accept and manage
substantiated cases on a priority basis; and to waive
eligibility requirements for the adult with disabilities in an
emergency.
(d) Every effort shall be made by the Adults with
Disabilities Abuse Project to coordinate and cooperate with
public and private agencies to ensure the provision of services
necessary to eliminate further abuse, neglect, and
exploitation of the adult with disabilities who is the subject
of the report.

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The Office of Inspector General shall promulgate rules and
regulations to ensure the effective implementation of the
Adults with Disabilities Abuse Project statewide.
(e) When the Adults with Disabilities Abuse Project
determines that a case is substantiated, it shall refer the
case to the appropriate office within the Department of Human
Services to develop, with the consent of and in consultation
with the adult with disabilities, a service plan for the adult
with disabilities.
(f) The Adults with Disabilities Abuse Project shall refer
reports of alleged or suspected abuse, neglect, or exploitation
to another State agency when that agency has a statutory
obligation to investigate such reports.
(g) If the Adults with Disabilities Abuse Project has
reason to believe that a crime has been committed, the incident
shall be reported to the appropriate law enforcement agency.
(Source: P.A. 91-671, eff. 7-1-00.)
(20 ILCS 2435/36 new)
Sec. 36. Integrated State and local network. In order to
supplement the current investigatory work of the Office of
Inspector General under this Act and to ensure enhanced
protective services through an integrated State and local
network, the Office of Inspector General shall utilize and
develop relationships with and, as necessary, contract with
regional and local agencies to provide (i) regional and local

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intake, outreach, and investigatory resources to the Office of
Inspector General, and (ii) additional regional and local
options for protective services for adults with disabilities in
domestic settings.
(20 ILCS 2435/37 new)
Sec. 37. Cooperation with the Department on Aging. The
Office of Inspector General shall consult with, and to the
extent practicable, use the Department on Aging's Protective
Services for Seniors Unit as a model for its organization and
its investigatory and protective responsibilities. The Office
of Inspector General may utilize the existing contracts that
the Department on Aging has with regional and local providers
in order to build an integrated State and local protective
services network as set forth in Section 36.
(20 ILCS 2435/40) (from Ch. 23, par. 3395-40)
Sec. 40. Service plan periods. A service plan shall be
developed for each adult with disabilities who is in need of
services and who accepts the services. When implemented, the
service plan shall be in place until the situation causing the
abuse, neglect, or exploitation of an adult with disabilities
is ameliorated. The Department shall by rule establish the
period of time within which a service plan shall be implemented
and the duration of the plan. The rules shall provide for an
expedited response to emergency situations.

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The Department shall implement a service plan for
substantiated cases within 14 calendar days after the report is
substantiated. In emergency situations, the Department shall
implement the service plan as soon as possible and in no event
later than 2 working days after the case is substantiated. All
appropriate emergency services shall remain in place until this
service plan is implemented.
This Section shall not be interpreted to preclude an
investigation into the death of a disabled adult who is the
subject of a pending complaint or report of alleged abuse,
neglect, or exploitation.
(Source: P.A. 91-671, eff. 7-1-00.)
(20 ILCS 2435/45) (from Ch. 23, par. 3395-45)
Sec. 45. Consent.
(a) If the Adults with Disabilities Abuse Project has
received a report of alleged or suspected abuse, neglect, or
exploitation with regard to an adult with disabilities who
lacks the capacity to consent to an assessment or to services,
the Adults with Disabilities Abuse Project may seek, directly
or through another agency, the appointment of a temporary or
permanent guardian for assessment, provision of services, or
any other decision-making authority as is appropriate for the
individual as provided in Article XIa of the Probate Act of
1975 or other relief as provided under the Illinois Domestic
Violence Act of 1986.

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(a-5) If the adult with disabilities consents to the
assessment, such assessment shall be conducted. If the adult
with disabilities consents to the services included in the
service plan, such services shall be provided. If the adult
with disabilities refuses or withdraws his or her consent to
the completion of the assessment, the assessment shall be
terminated. If the adult with disabilities refuses or withdraws
his or her consent to the provision of services, the services
shall not be provided. When a complaint or report of alleged
abuse, neglect, or exploitation is made, but consent is not
given or withdrawn, and the adult with disabilities
subsequently dies, the Office of the Inspector General shall
report the matter to the proper authorities pursuant to Section
25 of this Act.
(b) A guardian of the person of an adult with disabilities
who is abused, neglected, or exploited by another individual in
a domestic living situation may consent to an assessment or to
services being provided pursuant to the service plan. If the
guardian is alleged to be the perpetrator of the abuse,
neglect, or exploitation, the Adults with Disabilities Abuse
Project shall, when there is an immediate and urgent necessity,
seek the appointment of a temporary substitute guardian
pursuant to Section 213.3 of the Illinois Domestic Violence Act
of 1986 under the provisions of Article XIa of the Probate Act
of 1975. If a guardian withdraws his consent or refuses to
allow an assessment or services to be provided to the adult

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with disabilities, the Adults with Disabilities Abuse Project
may seek directly or through another agency a court order
seeking appropriate remedies, and may in addition request
removal of the guardian and appointment of a successor guardian
pursuant to Article XIa of the Probate Act of 1975.
(c) For the purposes of this Section only, "lacks the
capacity to consent" shall mean that the adult with
disabilities reasonably appears to be unable by reason of
physical or mental condition to receive and evaluate
information related to the assessment or services, or to
communicate decisions related to the assessment or services.
(Source: P.A. 94-418, eff. 8-2-05.)
Section 99. Effective date. This Act takes effect upon
becoming law.
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INDEX
Statutes amended in order of appearance