reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 270 - ADULT PROTECTION AND ADVOCACY SERVICES › Subpart B - LONG TERM CARE OMBUDSMAN PROGRAM › Section 270.138 - Organizational Standards and Responsibilities: Ombudsman Provider Agencies

Current through Register Vol. 48, No. 28, July 12, 2024
Federal regulations related to a provider agency hosting a
				  Regional Program and Ombudsman are incorporated by reference at
				  45
				  CFR 1324.17 (2016). Accordingly, the provider
				  agency shall perform its responsibilities in administering the Regional Program
				  per the Ombudsman policies and procedures and the agreement with the Department
				  or AAA. These responsibilities include, but are not limited to:
a) Personnel management, but not the
				programmatic oversight, of Ombudsmen in a Regional Program.
1) Provider agencies shall not have personnel
				policies or practices that impair Ombudsmen from performing the duties, or from
				adhering to the access, confidentiality and disclosure requirements, of section
				712 of the Older Americans Act, the Illinois Act on the Aging, and this
				Part.
2) A provider agency may
				require that Ombudsmen adhere to the personnel policies and procedures that are
				otherwise lawful.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 270 - ADULT PROTECTION AND ADVOCACY SERVICES › Subpart B - LONG TERM CARE OMBUDSMAN PROGRAM › Section 270.140 - Access to Residents and Participants

Current through Register Vol. 48, No. 28, July 12, 2024
a)
Access
, by
				representatives of the Office,
means the right to
immediately:
1)
Enter any long-term care
				facility;
2)
Communicate privately and without restriction with any resident or
				participant, regardless of age, who consents to the
				communication;
3)
Seek consent to communicate privately and without restriction with any
				participant or resident, regardless of age;
4)
Observe all areas of the long-term
				care facility or supportive living facility, assisted living or shared housing
				establishment, except the living area of any resident who protests the
				observation; and
5)
Subject to permission of the participant or resident requesting
				services or his or her representative, enter a home or community-based
				setting.
(Section 4.04(b)(1) of the Act)
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 270 - ADULT PROTECTION AND ADVOCACY SERVICES › Subpart B - LONG TERM CARE OMBUDSMAN PROGRAM › Section 270.142 - Access to Resident and Participant Information and Records

Current through Register Vol. 48, No. 28, July 12, 2024
a) Ombudsmen and
				representatives of the Office shall have access to:
1) The name and contact information of the
				resident's or participant's representative.
2) Administrative records, policies and
				documents of long-term care facilities, medical assistance waiver services, and
				managed care organizations to which residents, participants or the general
				public has access.
3) Copies of all
				licensing and certification records maintained by the State or long-term care
				facility with respect to long-term care facilities.
4) A resident's or participant's medical,
				social or other records relating to the resident or participant if:
A) The resident, participant or
				representative communicates informed consent to the access and the consent is
				given in writing or through the use of auxiliary aids and services;
B) The resident, participant or
				representative communicates informed consent orally, visually or through the
				use of auxiliary aids and services, and that consent is documented
				contemporaneously by a representative of the Office in accordance with its
				policies and procedures.
5) The Health Insurance Portability and
				Accountability Act of 1996 (HIPPA) Privacy Rule ( 45 CFR 160 and 164 ), does
				not preclude release by covered entities of resident or participant private
				health information or other resident or participant identifying information to
				the Ombudsman Program, including but not limited to residents' or participants'
				medical, social or other records, a list of resident names and room numbers, or
				information collected in the course of a State or federal survey or inspection
				process. (See
				45
				CFR
				1324.11(e)(2)(vii).)
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 270 - ADULT PROTECTION AND ADVOCACY SERVICES › Subpart B - LONG TERM CARE OMBUDSMAN PROGRAM › Section 270.144 - Confidentiality and Disclosure

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Ombudsman Program records are the property of the State Ombudsman. The Office
				shall have access to all Program records during the applicable retention
				period.
b) Program records
				containing resident and participant information are confidential.
c)
The Department
, in
				conjunction with the State Ombudsman,
shall establish procedures for
				the disclosure by the State Ombudsman of files maintained by the
				Program
(Section 4.04(g) of the Act).
d) The files, records and other information
				maintained by the Ombudsman Program are considered information specifically
				prohibited from disclosure by
				45
				CFR 1324.11 and Section 7(1) of Illinois FOIA
				[ 5 ILCS 140 ]. Disclosure is only at the discretion of the State Ombudsman in
				accordance with this Subpart.
e)
				The Department, AAAs, and provider agencies do not have access to resident and
				participant records without the consent of the State Ombudsman.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 270 - ADULT PROTECTION AND ADVOCACY SERVICES › Subpart B - LONG TERM CARE OMBUDSMAN PROGRAM › Section 270.146 - Ombudsman Services in Long-Term Care Facilities

Current through Register Vol. 48, No. 28, July 12, 2024
45 CFR
				  1324.19 (2016), the federal regulations
				  relating to the duties of the representatives of the Office, are incorporated
				  by reference. Ombudsman policies and procedures also apply. Long-term care
				  service components of the Program include, but are not limited to:
a) Identifying, investigating and resolving
				complaints made by or on behalf of residents relating to actions, inactions or
				decisions that may adversely affect the health, safety, welfare or rights of
				the residents;
b) Maintaining a
				regular presence in long-term care facilities;
c) Providing services to protect the health,
				safety, welfare or rights of residents;
d) Ensuring that residents have regular and
				timely access to the services provided through the Program and that residents
				and complainants receive timely responses to requests for information or
				complaints; and
e) Consulting and
				providing community education.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 270 - ADULT PROTECTION AND ADVOCACY SERVICES › Subpart B - LONG TERM CARE OMBUDSMAN PROGRAM › Section 270.148 - Home Care Ombudsman Services

Current through Register Vol. 48, No. 28, July 12, 2024
45 CFR
				  1324.19 (2016), the federal regulations
				  relating to the duties of the representatives of the Office, are incorporated
				  by reference. Ombudsman policies and procedures also apply. Home care service
				  components of the Program include, but are not limited to:
a) Identifying, investigating and resolving
				or referring complaints made by or on behalf of participants relating to
				actions, inactions or decisions of service providers, or their representatives,
				public agencies, or social service agencies that may adversely affect the
				health, safety, welfare or rights of the participants;
b) Providing services to protect the health,
				safety, welfare or rights of participants;
c) Ensuring participants have timely access
				to the services provided through the Program and that participants and
				complainants receive timely responses to requests for information or
				complaints; and
d) Consulting and
				providing community education.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 270 - ADULT PROTECTION AND ADVOCACY SERVICES › Subpart B - LONG TERM CARE OMBUDSMAN PROGRAM › Section 270.150 - Joint Responsibilities of the Ombudsman and the Home Care Ombudsman Programs

Current through Register Vol. 48, No. 28, July 12, 2024
Joint responsibilities of the Ombudsman and the Home Care
				  Ombudsman Programs include, but are not limited to:
a) Representing the interests of residents
				and participants before government agencies and assuring that individual
				residents and participants have access to, and pursue (as the Ombudsman
				determines necessary and consistent with resident and participant interest),
				administrative, legal and other remedies to protect the health, safety, welfare
				and rights of the residents and participants;
b) Reviewing and, if necessary, commenting on
				any existing and proposed laws, regulations and other government policies and
				actions that pertain to the rights and well-being of residents and
				participants; and
c) Facilitating
				the ability of the public to comment on the laws, regulations, policies and
				actions.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 270 - ADULT PROTECTION AND ADVOCACY SERVICES › Subpart B - LONG TERM CARE OMBUDSMAN PROGRAM › Section 270.152 - Complaint Investigations

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Policies and procedures of the State Ombudsman provide standards to assure a
				prompt response to complaints and the prioritization of complaints.
b) Complaints may be initiated by anyone who
				has personal knowledge of an action, inaction or decisions that may adversely
				affect the health, safety, welfare or rights of one or more residents or
				participants.
c) The Ombudsman may
				identify, investigate and attempt to resolve a complaint impacting an
				individual resident or participant or multiple residents or
				participants.
d) Regardless of the
				source of the complaint (i.e., the complainant), including when the source is
				the Ombudsman, the Ombudsman shall support and maximize resident or participant
				participation in the process of resolving the complaint in accordance with
				45 CFR
				1324.19(b) (2016). These
				processes include, but are not limited to, the following:
1) The Ombudsman shall offer privacy to the
				resident or participant for the purpose of confidentiality.
2) The Ombudsman shall personally discuss the
				complaint with the resident or participant and, if the resident or participant
				is unable to communicate informed consent, his or her representative. The
				Ombudsman shall:
A) Determine the perspective
				of the resident or participant;
B)
				Obtain informed consent to investigate the complaint;
C) Determine the wishes of the resident or
				participant with respect to the resolution of the complaint, including whether
				the allegations are to be reported and, if so, whether the Ombudsman may
				disclose resident or participant identifying information or other relevant
				information to the facility or appropriate agencies or both;
D) Advise the resident or participant of his
				or her rights;
E) Work with the
				resident or participant to develop a plan of action for resolution of the
				complaint;
F) Investigate the
				complaint to determine whether the complaint can be verified; and
G) Determine whether the complaint is
				resolved to the satisfaction of the resident or participant.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 270 - ADULT PROTECTION AND ADVOCACY SERVICES › Subpart B - LONG TERM CARE OMBUDSMAN PROGRAM › Section 270.154 - Willful Interference

Current through Register Vol. 48, No. 28, July 12, 2024
a)
No person shall:
1)
intentionally prevent, interfere with, or attempt to impede in any way
				any representative of the Office in the performance of his
or her
official duties under
the Illinois Act on the Aging
and the Older Americans Act of 1965; or
2)
Intentionally retaliate,
				discriminate against, or effect reprisals against any resident or participant
				or employee for contacting or providing information to any representative of
				the Office.
(Section 4.04(f) of the Act)
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 270 - ADULT PROTECTION AND ADVOCACY SERVICES › Subpart B - LONG TERM CARE OMBUDSMAN PROGRAM › Section 270.156 - Retaliation

Current through Register Vol. 48, No. 28, July 12, 2024
a) It is unlawful
				to intentionally discriminate, retaliate or effect reprisals in any manner
				against any resident, participant, representative or employee of a long-term
				care facility, or a home care provider, for filing a complaint with, providing
				information to, or otherwise cooperating in good faith with the
				Ombudsman.
b) The Office shall
				investigate any report of intentional acts of discrimination, retaliation or
				reprisal.
c) If the Office, based
				on a review by the Office, determines that enforcement action is warranted, the
				Office shall pursue the following course of action:
1) The State Ombudsman shall notify the
				Office of the Attorney General or the appropriate State's Attorney.
2) When the perpetrator is a long-term care
				facility employee or agent, the Office shall file a complaint with the Illinois
				Department of Public Health or the Illinois Department of Healthcare and Family
				Services, as appropriate.
3) When
				the perpetrator is a provider employee or agent, the Office shall file a
				complaint with the appropriate entity with jurisdiction.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 270 - ADULT PROTECTION AND ADVOCACY SERVICES › Subpart B - LONG TERM CARE OMBUDSMAN PROGRAM › Section 270.158 - Grievances Against an Ombudsman Related to the Performance of Duties

Current through Register Vol. 48, No. 28, July 12, 2024
a) Policies and
				procedures establish a grievance process for the receipt and review of
				grievances regarding the determinations, actions or inactions of an Ombudsman
				and representatives of the Office in accordance with
				45
				CFR 1324.11(e)(7)
				(2016).
b) Grievances are to be
				submitted in writing to the following:
1)
				Grievances about an Ombudsman employed by a Provider Agency shall be directed
				to the Regional Ombudsman;
2)
				Complaints about a Regional Ombudsman or State Ombudsman staff shall be
				directed to the State Ombudsman;
3)
				Complaints about the State Ombudsman shall be directed to the Director of the
				Department.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 270 - ADULT PROTECTION AND ADVOCACY SERVICES › Subpart B - LONG TERM CARE OMBUDSMAN PROGRAM › Section 270.160 - Multi-disciplinary Teams for Ombudsman Program

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Regional Ombudsman may develop or
				participate on a multi-disciplinary team (M-Team). The M-Team may be new or an
				existing one.
The
Ombudsman,
or his or her designee,
				of the area in which the multi-disciplinary team is created shall be the
				facilitator of the multi-disciplinary team.
(Section 4.04(k) of the
				Act)
b) The M-Team shall
act in an advisory role for the purpose of providing professional
				knowledge and expertise in handling complex abuse, neglect, and advocacy issues
				involving participants
or residents. (Section 4.04(k) of the
				Act)
c) M-Team members shall sign a
				confidentiality form provided by the Office that shall be included in the
				Program records.
d) Ombudsmen shall
				not disclose resident or participant identifying information during an M-Team
				discussion. Ombudsman team members shall provide case summaries for discussion
				purposes rather than actual case files.
e) The M-Team
may consist of one or
				more volunteer representatives from any combination of at least 7 members from
				the following professions:
1)
Banking or finance;
2)
Disability
				care;
3)
Health
				care;
4)
Pharmacology;
5)
Law;
6)
Law enforcement;
7)
Emergency
				responder;
8)
Mental health care;
9)
Clergy;
10)
Coroner or medical
				examiner;
11)
Substance abuse;
12)
Domestic
				violence;
13)
Sexual assault; or
14)
Other related fields.
(Section 4.04(k) of the Act)
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 270 - ADULT PROTECTION AND ADVOCACY SERVICES › Subpart B - LONG TERM CARE OMBUDSMAN PROGRAM › Section 270.162 - Immunity

Current through Register Vol. 48, No. 28, July 12, 2024
An ombudsman or any representative of the Office
				  participating in the good faith performance of his or her official duties shall
				  have immunity from any liability (civil, criminal or otherwise) in any
				  proceedings (civil, criminal or otherwise) brought as a consequence of the
				  performance of his or her official duties.
(Section 4.04(e) of the
				  Act)
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 270 - ADULT PROTECTION AND ADVOCACY SERVICES › Subpart C - ADULT PROTECTIVE SERVICES PROGRAM › Section 270.200 - Purpose and Program Model

Current through Register Vol. 48, No. 28, July 12, 2024
a) This
				Subpart describes the organization of the Adult Protective Services Program
				administered by and through the Illinois Department on Aging.
b) The Adult Protective Services Program is
				modeled on the following principles:
1)
				advocacy intervention by APS provider agencies;
2) the right to self-determination by the
				alleged victim to:
A) decide where and how he
				or she will live;
B) choose whether
				to accept social services or other community assistance; and
C) make decisions different from those a
				reasonable adult would make that are not harmful to others.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 270 - ADULT PROTECTION AND ADVOCACY SERVICES › Subpart C - ADULT PROTECTIVE SERVICES PROGRAM › Section 270.205 - Adult Protective Services Program

Current through Register Vol. 48, No. 28, July 12, 2024
The Adult Protective Services Program is designed to respond
				  to eligible adults who are victims of abuse, neglect, financial exploitation,
				  or self-neglect. The services and activities of the program are:
a) Intake of reports of abuse, neglect,
				financial exploitation, or self-neglect;
b) Assessment;
c) Case work;
d) Follow-up;
e) Early intervention services;
f) Multi-disciplinary teams;
g) Fatality review teams; and
h) Public awareness/education.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 270 - ADULT PROTECTION AND ADVOCACY SERVICES › Subpart C - ADULT PROTECTIVE SERVICES PROGRAM › Section 270.215 - Organizational Standards and Responsibilities: Department on Aging

Current through Register Vol. 48, No. 28, July 12, 2024
Contingent upon adequate funding,
the Department
				  shall establish, design and manage a protective services program of response
				  and services for eligible adults who have been, or are alleged to be, victims
				  of abuse, neglect, financial exploitation, or self-neglect. The Department
				  shall contract with or fund, or contract with and fund, regional administrative
				  agencies, APS provider agencies, or both, for the provision of those functions,
				  and, contingent on adequate funding, with attorneys or legal services provider
				  agencies for the provision of legal assistance pursuant to the Act. For
				  self-neglect, the program shall include,
but is not limited to,
the following services for eligible adults who have been removed from
				  their residences for the purpose of cleanup or repairs: temporary housing;
				  counseling; and caseworker services to try to ensure that the conditions
				  necessitating the removal do not reoccur.
[
				  320 ILCS
				  20/3(a) ] The Department will have
				  the overall responsibility for designing, managing and monitoring the Adult
				  Protective Services Program in accordance with the following:
a)
The Department shall designate an
				Area Agency on Aging as the regional administrative agency.
1)
In the event the Area Agency on
				Aging in that planning and service area is deemed by the Department to be
				unwilling or unable to provide those functions, the Department may serve as the
				regional administrative agency; or
2)
The Department may designate
				another qualified entity to serve as the regional administrative agency; any
				such designation shall be subject to terms set forth by the
				Department.
[
				320 ILCS
				20/2(i) ]
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 270 - ADULT PROTECTION AND ADVOCACY SERVICES › Subpart C - ADULT PROTECTIVE SERVICES PROGRAM › Section 270.220 - Organizational Standards and Responsibilities: Regional Administrative Agencies

Current through Register Vol. 48, No. 28, July 12, 2024
a)
Each regional administrative agency
in turn
shall
procure and recommend the designation of APS
provider agencies within its planning and service area with prior
				approval by the Department on Aging and:
1)
monitor the use of
				services
;
2)
provide technical assistance to the APS provider agencies
,
				including APS program training and any instructional materials required by the
				Department; and
3)
be
				involved in program development activities.
[
				320 ILCS
				20/3(b) ]
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 270 - ADULT PROTECTION AND ADVOCACY SERVICES › Subpart C - ADULT PROTECTIVE SERVICES PROGRAM › Section 270.225 - Organizational Standards and Responsibilities: Adult Protective Services Provider Agencies

Current through Register Vol. 48, No. 28, July 12, 2024
a) In
				accordance with Section
				270.220, the provider agency
				shall enter into a written contract with the Department to provide services to
				adults with disabilities or persons aged 60 or older.
b) The provider agency shall be open for
				business and available to receive reports of abuse, abandonment, neglect,
				financial exploitation, or self-neglect not less than 246 working days per
				calendar year under the following conditions:
1) The provider agency shall not be closed
				for more than four consecutive days, unless an alternative method of receiving
				reports and providing services to clients is approved by and on file with the
				regional administrative agency and the Department. Timelines and required
				services for agencies shall not be waived during provider agency
				closures.
2) If a recorded message
				is activated during business hours, there has to be an option to talk directly
				to a report taker at that time.
3)
				A report taker has to be available at least seven hours each working day,
				during normal business hours.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 270 - ADULT PROTECTION AND ADVOCACY SERVICES › Subpart C - ADULT PROTECTIVE SERVICES PROGRAM › Section 270.226 - Public Awareness and Education

Current through Register Vol. 48, No. 28, July 12, 2024
The regional administrative agencies and APS provider
				  agencies may assist the Department by providing public awareness and education
				  on the issues of abuse, neglect, financial exploitation, and self-neglect. The
				  regional administrative agencies and APS provider agencies shall include the
				  following information when producing any public education materials:
a)identification as part of the Adult
				Protective Services Program;
b)voice and teletypewriter (TTY) phone
				numbers for the Department on Aging's toll-free 24-hour Adult Protective
				Services Hotline; and
c) a
				nondiscrimination clause in accordance with State and federal requirements.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 270 - ADULT PROTECTION AND ADVOCACY SERVICES › Subpart C - ADULT PROTECTIVE SERVICES PROGRAM › Section 270.230 - Abuse Reporting

Current through Register Vol. 48, No. 28, July 12, 2024
a)
If any mandated reporter has reason to believe that an eligible adult,
				who because of 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, abandonment, 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 the Act or
				to the Department.
[320 ILCS 20/4 (a-5)]
b)
Whenever a mandated reporter is
				required to report under the 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 the Act or to the Department in accordance with the provisions of the 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.
[320 ILCS
				20/4 (a-5)]
c)
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 the 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, abandoned, neglected, or financially exploited
				eligible adults and shall not constitute grounds for failure to report as
				required by the Act.
[320 ILCS 20/4 (a-5)]
d) The identity of a person making a report
				pursuant to the provisions of the Act is confidential and may only by disclosed
				with their written consent or by a court order. (See
				320 ILCS
				20/4 (c))
e)
Any mandated reporter who makes a
				report or any person who investigates a report under the Act shall testify
				fully in any judicial or administrative proceeding resulting from such report,
				as to any evidence of abuse, abandonment, 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 the Act and the person making or
				investigating the report.
[320 ILCS
				20/4.2 ]
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 270 - ADULT PROTECTION AND ADVOCACY SERVICES › Subpart C - ADULT PROTECTIVE SERVICES PROGRAM › Section 270.235 - Immunity

Current through Register Vol. 48, No. 28, July 12, 2024
a)
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 the 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 for such
				actions.
b)
Any
				person, institution or agency authorized by the Department to provide
				assessment, intervention, or administrative services under the 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.
c)
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.
[320 ILCS
				20/4(b) ]
d)
The Department on Aging and its
				employees and agents shall have immunity, except for intentional willful and
				wanton misconduct, from any liability, civil, criminal, or otherwise, for
				reporting information to and maintaining the Adult Protective Service
				Registry
established under Section 7.5 of the Act. [320
				ILCS 20/7.5(k) ]
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 270 - ADULT PROTECTION AND ADVOCACY SERVICES › Subpart C - ADULT PROTECTIVE SERVICES PROGRAM › Section 270.240 - Intake of Abuse, Neglect, Financial Exploitation, or Self-Neglect Reports

Current through Register Vol. 48, No. 28, July 12, 2024
a) The following
				agencies and hotlines are authorized to receive reports of abuse, neglect,
				financial exploitation, or self-neglect:
1)
				the Department on Aging's toll-free 24-hour Adult Protective Services
				Hotline;
2) the Department on
				Aging's Senior HelpLine;
3)
				regional administrative agencies; and
4) APS provider agencies.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 270 - ADULT PROTECTION AND ADVOCACY SERVICES › Subpart C - ADULT PROTECTIVE SERVICES PROGRAM › Section 270.241 - Reporting a Suspicious Death

Current through Register Vol. 48, No. 28, July 12, 2024
a) When
				a report taker receives a report of a suspicious death, he or she shall
				promptly forward the report to the appropriate APS provider agency. The APS
				provider agency shall then immediately report the matter to both the
				appropriate law enforcement agency and the coroner or medical
				examiner.
b) Between 30 and 45 days
				after reporting a suspicious death
, the APS provider agency again shall
				contact the law enforcement agency and coroner or medical examiner to determine
				whether any further action was taken.
1)
Upon request by
an APS
provider agency, a law enforcement agency and coroner or medical
				examiner shall supply a summary of its action in response to a reported
				death
of an alleged victim
.
2)
A copy of the report shall be
				maintained and all subsequent follow-up with the law enforcement agency and
				coroner or medical examiner shall be documented in the case record
of
				the alleged victim
.
3)
If the law enforcement agency,
				coroner, or medical examiner determines the reported death was caused by abuse
				or neglect by a caregiver, the law enforcement agency, coroner, or medical
				examiner shall inform the Department, and the Department shall report the
				caregiver's identity on the Adult Protective Service Registry
as
				described in Section 7.5 of this Act. [320 ILCS
				20/3 (c-5)]
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 270 - ADULT PROTECTION AND ADVOCACY SERVICES › Subpart C - ADULT PROTECTIVE SERVICES PROGRAM › Section 270.245 - Access to Alleged Victims and Relevant Records

Current through Register Vol. 48, No. 28, July 12, 2024
a)
The designated
APS
provider agencies shall have access to
alleged victims
who
are
reported to be victims of abuse, neglect,
				financial exploitation, or self- neglect in order to assess the validity of the
				report, assess other needs of the
alleged victim,
and provide
				services in accordance with the Act.
[
				320 ILCS
				20/13(a) ]
1) A representative of the Department or a
				designated APS provider agency that is actively involved in an abuse, neglect,
				financial exploitation, or self-neglect investigation under the Act shall be
				allowed access to the financial records, mental and physical health records,
				and other relevant evaluative records of the eligible adult that are in the
				possession of any individual, financial institution, health care provider,
				mental health provider, educational facility, or other facility if necessary to
				complete the investigation mandated by the Act.
2) The provider or facility shall provide
				these records to the representative upon receipt of a written request and
				certification from the Department or designated APS provider agency that an
				investigation is being conducted under the Act and the records are pertinent to
				the investigation.
3) Any records
				received by the representative, the confidentiality of which is protected by
				another law or rule, shall be maintained as confidential, except that the
				records may be used as necessary for any administrative or legal
				proceeding.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 270 - ADULT PROTECTION AND ADVOCACY SERVICES › Subpart C - ADULT PROTECTIVE SERVICES PROGRAM › Section 270.250 - Minimum Assessment and Classification Standards

Current through Register Vol. 48, No. 28, July 12, 2024
a) An APS
provider agency designated
				to receive reports of alleged or suspected abuse, neglect, financial
				exploitation, or self-neglect under the Act shall conduct a face-to-face
				assessment with respect to such report. The assessment shall include, but not
				be limited to, a visit to the residence of the
alleged victim
who is the subject of the report and shall include interviews or
				consultation regarding the allegations with service agencies, immediate family
				members, and individuals who may have knowledge of the
alleged
				victim's
circumstances based on the consent of the eligible adult in
				all instances, except when the provider agency is acting in the best interest
				of an eligible adult who is unable to seek assistance for himself or herself
				and when there are allegations against a caregiver who has assumed
				responsibilities in exchange for compensation.
[320
				ILCS 20/5(a)]
b) A decision on the merits of each report
				must be made according to the following:
1)
				Verified: When clear and convincing evidence results in a determination that
				the specific injury or harm alleged was the result of abuse, neglect or
				financial exploitation.
2) Some
				Indication: When the preponderance of the evidence suggests some indication
				that abuse, neglect, financial exploitation, or self-neglect has
				occurred.
3) No Indication: When
				there is a lack of credible evidence indicating that abuse, neglect, financial
				exploitation, or self-neglect has occurred.
4) Unable to Verify: This determination is
				used when the report does not meet the eligibility criteria of the program, the
				APS provider agency is unable to locate the alleged victim, the APS provider
				agency staff has been unable to gain access to the alleged victim, or the
				alleged victim refuses the assessment.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 270 - ADULT PROTECTION AND ADVOCACY SERVICES › Subpart C - ADULT PROTECTIVE SERVICES PROGRAM › Section 270.255 - Abuse, Abandonment, Neglect, Financial Exploitation, or Self-Neglect Case Work, Follow-Up, Referrals and Case Closure

Current through Register Vol. 48, No. 28, July 12, 2024
a) Case Work
APS provider agencies shall assist, to the extent
				  possible, eligible adults who need agency services to allow them to continue to
				  function independently.
[320 ILCS
				  20/3(c) ]
1) If, after the assessment, the APS provider
				agency determines that the case is substantiated, it shall develop a case plan
				for the eligible adult, when the eligible adult consents to services.
A)
In developing a case plan, the APS
				provider agency may consult with any other appropriate
professional
				and/or
provider of services,
such as advocacy, care
				coordination, counseling, education, emergency aid, financial, housing, law
				enforcement, legal, long term care, managed care, medical, nutrition, personal
				assistance, relocation, respite, social supports through charitable and
				community assistance, disability agencies, private means, or public benefit
				programs to meet identified needs for the purpose of stabilizing the abusive
				situation and reducing the risk of further harm, and such professionals and/or
providers shall be immune from civil or criminal liability on account
				of those acts.
[320 ILCS
				20/5(a) ]
B)
The case plan shall include
				alternative suggested or recommended services
that
are
				appropriate to the needs of the eligible adult and that involve the least
				restriction of the eligible adult's activities commensurate with his or her
				needs
. [320 ILCS
				20/5(a) ]
i) The case worker shall use the case
				worker's professional judgment in advocating in the best interest, safety and
				welfare of the eligible adult.
ii)
				The eligible adult's interest in living in the most independent setting with
				the least restrictive alternatives for legal, medical and social services come
				before those of any other family or community members.
iii) The case worker shall involve the
				eligible adult, and the eligible adult's family members for support, if
				possible, in the development of the intervention, and explain, in a direct
				manner, the situation, the range of available options for services, and the
				consequences of failing to cooperate or refusing to accept services, so the
				eligible adult can exercise maximum decision-making ability.
C) The APS provider agencies shall
				establish working relationships with disability agencies for purposes of mutual
				training, referral and service response.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 270 - ADULT PROTECTION AND ADVOCACY SERVICES › Subpart C - ADULT PROTECTIVE SERVICES PROGRAM › Section 270.260 - Authority to Consent and Court Petitions

Current through Register Vol. 48, No. 28, July 12, 2024
a) The APS provider agency shall conduct an
				initial interview of the alleged victim to determine:
1) the level of risk to the alleged
				victim;
2) the need for early
				intervention services in order to assure safety and welfare or otherwise reduce
				risk to the alleged victim; and
3)
				the alleged victim's decisional capacity to consent to an assessment and/or
				services.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 270 - ADULT PROTECTION AND ADVOCACY SERVICES › Subpart C - ADULT PROTECTIVE SERVICES PROGRAM › Section 270.265 - Early Intervention Services

Current through Register Vol. 48, No. 28, July 12, 2024
a) Services that may be purchased by the APS
				provider agency for eligible adults include emergency aid, respite care, legal
				assistance, housing and relocation services, or other services designed to
				protect the health, welfare and/or safety of the eligible adult.
b) The Department shall establish a maximum
				amount available to a victim in each year he or she receives services. The
				Department shall also establish procedures whereby the regional administrative
				agency and the Department may allow for additional expenditures of such funds
				as are necessary to obtain emergency or essential services to protect the
				client.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 270 - ADULT PROTECTION AND ADVOCACY SERVICES › Subpart C - ADULT PROTECTIVE SERVICES PROGRAM › Section 270.270 - Multi-disciplinary Teams

Current through Register Vol. 48, No. 28, July 12, 2024
a) Every APS
				provider agency that has more than 7,200 potential eligible adults in its
				designated service area shall develop and maintain a multi-disciplinary team
				(M-Team).
b) The M-Team shall act
				in an advisory role to the APS provider agency for the purpose of providing
				professional knowledge and expertise in the handling of complex abuse
				cases.
c) Each M-Team shall consist
				of one volunteer representative each from the following professions: banking or
				finance; disability care; health care; law; law enforcement; mental health
				care; and clergy. The APS provider agency may choose to add representatives
				from the fields of substance abuse, domestic violence, sexual assault, or other
				related fields.
d) The M-Team shall
				meet a minimum of eight times a year.
e) Each M-Team member shall sign a
				confidentiality agreement not to release any client information.
f) The APS provider agency shall have written
				procedures for recruiting M-Team members; for preparing and conducting M-Team
				meetings; and for financial management of M-Teams.
g) The Department shall provide funding to
				APS provider agencies contingent upon adequate funding to support the cost of
				staff time, mailings, meeting space and other costs related to M-Team meetings.
				M-Team members shall not be reimbursed for their services.
h) Law enforcement agencies, coroners and
				medical examiners shall supply records to M-Teams as may be requested in
				particular cases.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 270 - ADULT PROTECTION AND ADVOCACY SERVICES › Subpart D - ADULT PROTECTIVE SERVICES VOLUNTEER CORPS › Section 270.280 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
Activity Plan: The document that describes and records the
				  recruitment, selection, screening, training, appointment, assignment,
				  supervision, and evaluation of the individual volunteer.
Agreement: The document signed by an authorized
				  representative of the APS provider agency and the volunteer in which the APS
				  provider agency appoints the volunteer as an agent and representative of the
				  Adult Protective Services Program and the volunteer accepts that appointment
				  and the concomitant responsibilities. This agreement shall constitute the
				  volunteer contract required by the State Employee Indemnification Act [5 ILCS
				  350 ].
APS provider agency: An organization designated by the
				  Department pursuant to Section 3 of the Act to provide services to eligible
				  adults pursuant to that Act.
Companion-type services: Activities intended to assist the
				  eligible adults served by the APS provider agency, which may include, but are
				  not limited to, visitations, assistance in transportation, and other personal
				  assistance that does not involve medical, nursing or professional
				  services.
Public awareness: Activities designed to educate and inform
				  the public, which may include, but are not limited to, giving public
				  presentations and speeches; participation in public informational fairs;
				  representing the APS provider agency with community, social service or senior
				  advocacy groups; the creation or production of television or radio public
				  service announcements; and the writing, editing or distribution of newspaper
				  articles, magazine articles, press releases or information sheets.
Regional Administrative Agency: A public or private entity
				  that has been designated by the Department pursuant to Section 3 of the
				  Act.
Volunteer: An individual who has been appointed by the APS
				  provider agency to provide "public awareness services" to that agency or
				  "companion-type services" to eligible adults in accordance with the APS
				  provider agency's Volunteer Plan and the individual volunteer's Activity
				  Plan.
Volunteer Plan: The document created by the APS provider
				  agency and approved by the Department that describes the procedure for the
				  recruitment, selection, screening, training, appointment, assignment,
				  supervision, and evaluation of volunteers.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 270 - ADULT PROTECTION AND ADVOCACY SERVICES › Subpart D - ADULT PROTECTIVE SERVICES VOLUNTEER CORPS › Section 270.285 - Selection and Screening

Current through Register Vol. 48, No. 28, July 12, 2024
a) Each APS
				provider agency utilizing volunteers to provide public awareness services to
				that agency or companion-type services to eligible adults under this Subpart
				shall create a Volunteer Plan, approved by the Department, to recruit, select,
				screen, train, appoint, assign, supervise and evaluate volunteers.
b) The recruitment, selection, and screening
				of volunteer applicants shall be the responsibility of the APS provider agency.
				Each volunteer applicant shall submit the required personal, professional and
				background information (see subsection (c)) on a form prescribed by the
				Department.
c) The APS provider
				agency shall conduct a screening of each volunteer applicant. This screening
				process may include, but is not limited to, personal interviews; reference
				checks; fingerprint checks; credit checks; medical and mental health checks;
				background checks; driving record checks; and reviews of professional
				disciplinary actions, criminal prosecutions, and police records.
d) The purpose of the screening process is
				solely to determine the suitability of the volunteer applicant to serve as an
				appointed volunteer. The APS provider agency shall not seek any personal
				information on a volunteer applicant beyond that which is necessary to complete
				the screening process. The screening process of the volunteer applicant shall
				be the same regardless of expected assignment of the individual
				volunteer.
e) Each volunteer
				applicant shall be required to sign an authorization for the release of the
				information the APS provider agency has determined to be necessary to complete
				the screening process. All such information gathered in the course of the
				background checks and reviews of volunteer candidates shall be held in the
				strictest confidence permitted by law.
f) Upon the completion of the screening
				process, the APS provider agency shall notify the volunteer applicant whether
				he or she will be designated as a volunteer. The APS provider agency shall also
				inform those volunteer applicants who are not so selected of the basis for the
				decision. The decision of the APS provider agency is final.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 270 - ADULT PROTECTION AND ADVOCACY SERVICES › Subpart D - ADULT PROTECTIVE SERVICES VOLUNTEER CORPS › Section 270.290 - Training

Current through Register Vol. 48, No. 28, July 12, 2024
a) The training of
				volunteers is the responsibility of the APS provider agency, and shall be done
				according to the Volunteer Plan. Prior to being assigned any responsibilities,
				the volunteer must have satisfactorily completed an initial course of training
				of not less than six hours.
b) The
				initial volunteer training shall include materials on program procedures, APS
				provider agency organization, types of abuse and neglect, confidentiality,
				safety procedures, the dynamics of client interaction, and additional subjects
				as each APS provider agency deems necessary.
c) Each volunteer shall take the advanced
				training deemed appropriate and necessary by the APS provider agency to
				undertake the activities to which the volunteer will be assigned.
d) The initial volunteer training shall be
				repeated for classes of new volunteers as needed.
e) As a part of the Volunteer Plan, the APS
				provider agency shall maintain copies of past and current training
				agendas.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 270 - ADULT PROTECTION AND ADVOCACY SERVICES › Subpart D - ADULT PROTECTIVE SERVICES VOLUNTEER CORPS › Section 270.295 - Volunteer Agreement and Volunteer Responsibilities

Current through Register Vol. 48, No. 28, July 12, 2024
Each volunteer, upon being appointed, and prior to entering
				  into his or her assigned activities, shall sign a volunteer agreement with the
				  APS provider agency. The agreement shall have been approved by the Department,
				  and shall include the name and contact information for the volunteer, the
				  number of hours per week or month that the volunteer anticipates serving, a
				  statement of the general activities to which the volunteer will be assigned,
				  and the following stipulations by the volunteer:
a) the volunteer agrees to maintain
				confidentiality as required by the Act, the standards of the Adult Protective
				Services Program, and the policies of the APS provider agency, during and after
				the period of volunteer service;
b)
				the volunteer acknowledges and accepts the responsibilities of being a mandated
				reporter for abuse of older adults, persons with disabilities, and
				children;
c) the volunteer agrees
				to inform the APS provider agency, in writing, of the existence of any apparent
				conflict of interest, including a preexisting personal or professional
				relationship with any client of the program to whom the volunteer might be
				assigned;
d) the volunteer agrees
				to maintain the appropriate driver's license and statutorily required insurance
				coverage if the volunteer is to be acting as a driver for eligible adults;
				and
e) the volunteer agrees to
				abide by all statutory law, administrative rules, Departmental policies, and
				APS provider agency policies that apply to and govern the APS provider
				agency.