Statutes > Illinois Statutes > CHAPTER 20 EXECUTIVE BRANCH > 20 ILCS 2435/ Abuse of Adults with Disabilities Intervention Act.

20 ILCS 2435/ Abuse of Adults with Disabilities Intervention Act.

    (20 ILCS 2435/1) (from Ch. 23, par. 3395‑1)
    Sec. 1. Short title. This Act may be cited as the Abuse of Adults with Disabilities Intervention Act.
(Source: P.A. 91‑671, eff. 7‑1‑00.)

    (20 ILCS 2435/5) (from Ch. 23, par. 3395‑5)
    Sec. 5. Legislative declaration and intent. The Illinois General Assembly recognizes that many adult persons with disabilities in this State are in need of protection from abuse, neglect, and exploitation, and that this State has a responsibility to protect those persons while not infringing on the individual's rights. It is the intent of the General Assembly to provide for the voluntary reporting and assessment of alleged or suspected cases of abuse, neglect, and exploitation of adults with disabilities in order for the resources of the State to be utilized to prevent, reduce, or eliminate such abuse, neglect, and exploitation.
(Source: P.A. 91‑671, eff. 7‑1‑00.)

    (20 ILCS 2435/10) (from Ch. 23, par. 3395‑10)
    Sec. 10. Purposes. This Act shall be liberally construed and applied to promote its underlying purposes, which are to:
    (a) prevent, reduce, and eliminate abuse, neglect, and exploitation of adults with disabilities;
    (a‑5) recognize abuse, neglect, and exploitation of adults with disabilities as a serious problem which takes on many forms, including physical abuse, sexual abuse, neglect, and exploitation, and to facilitate accessibility of services and remedies under the Act in order to provide immediate and effective assistance and protection;
    (b) provide for the reporting and assessment of alleged or suspected abuse, neglect, and exploitation of adults with disabilities;
    (c) refer abused, neglected, and exploited adults with disabilities to appropriate State and private agencies for emergency services, protective services, and other assistance necessary to prevent further harm;
    (c‑5) encourage and support the efforts of law enforcement officers to provide immediate, effective assistance and protection for adults with disabilities who are abused, neglected, or exploited;
    (c‑7) support the expansion of civil and criminal remedies for adults with disabilities who are abused, neglected, or exploited; and
    (d) collect information on the incidence of abuse, neglect, and exploitation of adults with disabilities and other data to aid in the establishment, coordination, and provision of adequate services to adults with disabilities in a timely, appropriate manner.
(Source: P.A. 91‑671, eff. 7‑1‑00.)

    (20 ILCS 2435/15)(from Ch. 23, par. 3395‑15)
    (Text of Section before amendment by P.A. 96‑339)
    Sec. 15. Definitions. As used in this Act:
    "Abuse" means causing any physical, sexual, or mental injury 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 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.
        (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.
        (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.
    "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.
    "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.
    "Neglect" means the failure of another individual to provide an adult with disabilities with or the willful 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" includes sexual abuse and means any of the following:
        (1) knowing or reckless use of physical force,
     confinement, or restraint;
        (2) knowing, repeated, and unnecessary sleep
     deprivation; or
        (3) knowing or reckless conduct which creates an
     immediate risk of physical harm.
    "Secretary" means the Secretary of Human Services.
    "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.
    "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. 91‑671, eff. 7‑1‑00.)
 
    (Text of Section after amendment by P.A. 96‑339)
    Sec. 15. Definitions. As used in this Act:
    "Abuse" means causing any physical, sexual, or mental injury 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 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 MR/DD Community Care 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.
        (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.
    "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.
    "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.
    "Neglect" means the failure of another individual to provide an adult with disabilities with or the willful 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" includes sexual abuse and means any of the following:
        (1) knowing or reckless use of physical force,
     confinement, or restraint;
        (2) knowing, repeated, and unnecessary sleep
     deprivation; or
        (3) knowing or reckless conduct which creates an
     immediate risk of physical harm.
    "Secretary" means the Secretary of Human Services.
    "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.
    "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.)

    (20 ILCS 2435/20) (from Ch. 23, par. 3395‑20)
    Sec. 20. Establishment of project. The Office of Inspector General shall establish an Adults with Disabilities Abuse Project as provided in this Act for adults with disabilities who have been abused, neglected, or exploited.
(Source: P.A. 91‑671, eff. 7‑1‑00.)

    (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.
    (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 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.
    (f) The Office of Inspector General shall refer evidence of crimes against an adult with disabilities to the appropriate law enforcement agency according to Office of Inspector General policies. A referral to law enforcement may be made at any time. 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 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 2435/30) (from Ch. 23, par. 3395‑30)
    Sec. 30. Statewide telephone number.
    (a) There shall be a single, statewide, TTY accessible, 24‑hour toll free telephone number established and maintained by the Office of Inspector General that all persons may use to report alleged or suspected abuse, neglect, or exploitation of an adult with disabilities.
    (b) The Office of Inspector General shall make every effort to publicize the statewide, TTY accessible, 24‑hour toll free telephone number and to encourage public understanding of and cooperation in reporting and eliminating abuse, neglect, and exploitation of adults with disabilities.
    (c) The Office of Inspector General shall conduct training at least annually for persons taking reports on the statewide telephone number and persons conducting assessments or making referrals for service plans.
(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 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. 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 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.
    (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.
    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 2435/40) (from Ch. 23, par. 3395‑40)
    Sec. 40. Service plan periods. 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.
(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.
    (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.
    (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 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.)

    (20 ILCS 2435/50) (from Ch. 23, par. 3395‑50)
    Sec. 50. Access of an adult with disabilities.
    (a) No person shall obstruct or impede the access of an adult with disabilities to the Adults with Disabilities Abuse Project nor obstruct or impede the assessment of abuse, neglect, or exploitation of an adult with disabilities if the adult consents to the assessment. If a person does so obstruct or impede the access of an adult with disabilities or assessment of abuse, neglect, or exploitation of the adult, local law enforcement agencies shall take all appropriate action to assist the party seeking access in petitioning for a warrant or an ex parte injunctive order. The warrant or order may issue upon a showing of probable cause to believe that the adult with disabilities is the subject of abuse, neglect, or exploitation that constitutes a criminal offense or that any other criminal offense is occurring that affects the interests or welfare of the adult disabled person. When, from the personal observations of a law enforcement officer, it appears probable that delay of entry in order to obtain a warrant or order would cause the adult with disabilities to be in imminent danger of death or great bodily harm, entry may be made by the law enforcement officer after an announcement of the officer's authority and purpose.
    (b) Pursuant to applicable State and federal law and regulation, the reporting, assessment, and provision of services shall be fully accessible to adults with disabilities.
(Source: P.A. 91‑671, eff. 7‑1‑00.)

    (20 ILCS 2435/55)(from Ch. 23, par. 3395‑55)
    Sec. 55. Access to records. All records concerning reports of abuse, neglect, or exploitation of an adult with disabilities and all records generated as a result of the reports shall be confidential and shall not be disclosed except as specifically authorized by this Act or other applicable law. A person making a report of alleged abuse, neglect, or exploitation functioning in his or her capacity as a licensed professional may be entitled to the finding of the investigative assessment and subsequent referrals as authorized by the Inspector General. Office of Inspector General (OIG) investigators shall inform the alleged victim or guardian that information regarding the finding and referrals may be released to the person who made the report if that person is a professional, and the alleged victim or guardian shall be afforded the opportunity to refuse to consent to the release of that information. Access to the records, but not access to the identity of the person or persons making a report of alleged abuse, neglect, or exploitation as contained in the records, shall be allowed to the following persons and for the following purposes:
    (a) Adults with Disabilities Abuse Project staff in the furtherance of their responsibilities under this Act;
    (b) A law enforcement agency investigating alleged or suspected abuse, neglect, or exploitation of an adult with disabilities;
    (c) An adult with disabilities reported to be abused, neglected, or exploited, or the guardian of an adult with disabilities unless the guardian is the alleged perpetrator of the abuse, neglect, or exploitation;
    (d) A court, upon its finding that access to the records may be necessary for the determination of an issue before the court. However, the 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;
    (e) A grand jury, upon its determination that access to the records is necessary to the conduct of its official business;
    (f) Any person authorized by the Secretary, in writing, for audit or bona fide research purposes;
    (g) A coroner or medical examiner who has reason to believe that abuse or neglect contributed to or resulted in the death of an adult with disabilities;
    (h) The agency designated pursuant to the Protection and Advocacy for Developmentally Disabled Persons Act and the Protection and Advocacy for Mentally Ill Persons Act.
(Source: P.A. 94‑852, eff. 6‑13‑06.)

    (20 ILCS 2435/59)
    Sec. 59. Subpoena; document production. The Office of Inspector General has the power to subpoena witnesses and compel the production of books, papers, and documents, including financial records and medical records, pertinent to an assessment authorized by this Act. Mental health records of victims shall be confidential as provided under the Mental Health and Developmental Disabilities Confidentiality Act. Financial records obtained during the course of an assessment are confidential and may be released only with the consent of the victim or the victim's guardian or in response to a court order, a grand jury subpoena, or a subpoena from a law enforcement authority.
(Source: P.A. 94‑851, eff. 6‑13‑06.)

    (20 ILCS 2435/60) (from Ch. 23, par. 3395‑60)
    Sec. 60. Annual reports. The Office of Inspector General shall file with the Governor and the General Assembly, within 90 days after the end of each fiscal year, a report concerning its implementation of the Domestic Abuse Project during each fiscal year, together with any recommendations for future implementation. The annual report shall include data on numbers of reports received, numbers of reports substantiated, and unsubstantiated, number of referrals to law enforcement and other referral resources, numbers of assessments and service plans completed, and protective services provided. The report shall also include information on public education efforts engaged in, and training provided to persons or agencies who are responsible for the Act's implementation.
(Source: P.A. 91‑671, eff. 7‑1‑00.)

    (20 ILCS 2435/65) (from