Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 270 - ADULT PROTECTION AND ADVOCACY SERVICES › Subpart C - ADULT PROTECTIVE SERVICES PROGRAM › Section 270.275 - Confidentiality and Disclosure

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				Adult Protective Services Act provides that the identity of any person making a
				report of alleged or suspected abuse, abandonment, neglect, financial
				exploitation, or self-neglect may be disclosed only with that person's written
				consent or by court order.
b)
All records concerning reports of abuse, neglect, financial
				exploitation, or self-neglect or reports of suspicious deaths due to abuse,
				abandonment, neglect, or financial exploitation and all records generated as a
				result of those reports
, including, but not limited to, referrals and
				intervention services,
shall be confidential and shall not be disclosed
				except as specifically authorized by the Act or other applicable law
until the investigation is complete [320 ILCS 20/8
				]
.
c) These
				confidential records are exempt from inspection and copying under the Freedom
				of Information Act [5 ILCS
				140/7.5(y) ].
d)
Access to such records, but not
				access to the identity of the person or persons making a report of alleged
				abuse, abandonment, neglect, financial exploitation, or self-neglect as
				contained in such records, shall be allowed to the following persons and for
				the following persons:
1)
Department staff, APS 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 the
				Act;
2)
A
				representative of the public guardian acting in the course of investigating the
				appropriateness of guardianship for the eligible adult or while pursuing a
				petition for guardianship of the eligible adult pursuant to the Probate Act of
				1975
[755 ILCS 5];
3)
A law enforcement agency or State
'
s
				Attorney
'
s office investigating a known or suspected case of
				abuse, abandonment, neglect, financial exploitation, or self-neglect. When 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;
4)
A law enforcement agency, fire
				department agency or fire protection district having proper jurisdiction
				pursuant to a written agreement with an APS provider agency under which the
				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, abandonment, neglect, financial exploitation, or
				self-neglect;
5)
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;
6)
An eligible adult reported to be
				abused, abandoned, neglected, financially exploited or self-neglected
who completes an authorization for release of records
or to that
				adult's legal guardian or agent
who has current authority to act on
				behalf of the eligible adult and a complete authorization for release of
				records is submitted,
unless the guardian or agent is the
substantiated
abuser or is the alleged abuser
in an open
				case
;
7)
An executor or administrator of the estate of an eligible adult who is
				deceased
when relevant to administration of the estate and a complete
				authorization for release of records is submitted
;
8)
A probate court with jurisdiction
				over the guardianship of an alleged victim for an in camera
				inspection;
9)
A
				guardian ad litem, unless such guardian ad litem is the abuser or alleged
				abuser
;
10)
A
				grand jury, upon its determination that access to such records is necessary for
				conduct of its official business;
11)
Any person authorized by the
				Director, in writing, for audit,
program monitoring
or bona
				fide research purposes;
12)
A coroner or medical examiner who
				has reason to believe that an eligible adult has died as the result of abuse,
				abandonment, neglect, financial exploitation, or self-neglect. The APS provider
				agency shall immediately provide the coroner or medical examiner with all
				records pertaining to the eligible adult;
13)
A coroner or medical examiner
				having proper jurisdiction, pursuant to a written agreement between an APS
				provider agency and the coroner or medical examiner, under which the APS
				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;
14)
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
[225 ILCS 20]
by APS provider agency staff or
				other licensing bodies at the discretion of the Director of the Department on
				Aging
;
15)
Department of Healthcare and Family Services staff
and its
				vendors
when that Department is funding services to the eligible adult,
				including
being given
access to the identity of the eligible
				adult;
16)
Department of Human Services staff
and its vendors
when that Department is funding services to the eligible adult or is
				providing reimbursement for services provided by the abuser or alleged abuser,
				including
being given
access to the identity of the eligible
				adult;
17)
Hearing
				officers in the course of conducting an administrative hearing under
the
Act;
18)
A caregiver who challenges placement on the Adult Protective Services
				Registry shall be given the statement of allegation in the abuse report and the
				substantiation decision in the final investigative report
;
				and
19)
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
[405 ILCS 40]
shall have access, through the
				Department, to records, including the findings, pertaining to a completed or
				closed investigation of a report of suspected abuse, abandonment, neglect,
				financial exploitation or self-neglect of an eligible adult.
[320 ILCS
				20/8 ]