HB 4338

Abstract

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. House Committee Amendment No. 1 Adds reference to: 5 ILCS 120/1.02 from Ch. 102, par. 41.02 Replaces everything after the enacting clause. 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.