Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 270 - ADULT PROTECTION AND ADVOCACY SERVICES › Subpart E - ADULT PROTECTIVE SERVICE REGISTRY › Section 270.402 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
For the purposes of this Subpart E, the following definitions
				  are applicable:
"Abuse" means causing any physical, mental or sexual
				  injury to an eligible adult, including exploitation of such adult's financial
				  resources.
[
				  320 ILCS
				  20/2(a) ]
"Act" means the Adult Protective Services Act [ 320 ILCS 20
				  ].
"Administrative hearing" means a formal review of an action
				  made by the Department. Specifically, it means any hearing authorized to be
				  held under this Subpart by the Department or other entity authorized by the
				  Director to hold these hearings.
"Administrative law judge" or "ALJ" means an attorney,
				  licensed to practice law in the State of Illinois, who is authorized by the
				  Director to conduct the administrative hearing and related processes under this
				  Subpart.
"Allegation" means a charge or a claim of abuse, neglect or
				  financial exploitation.
"Appeal" means a request to contest placement of a
				  caregiver's identity on the Registry.
"APS" means Adult Protective Services.
"APS provider agency"
means any public or nonprofit
				  agency in a planning and service area that is selected by the Department, or
				  appointed by the regional administrative agency with prior approval by the
				  Department, to receive and assess reports of alleged or suspected abuse,
				  neglect, or financial exploitation.
[
				  320 ILCS
				  20/2(h) ]
"Authorized representative" means any person, including an
				  attorney, authorized in writing by a party to act on behalf of the party in the
				  administrative hearing process.
"Business day" means a day, Monday through Friday, when State
				  agency offices are open. The following are not business days: Saturdays,
				  Sundays, State holidays, and any other day from time to time declared by the
				  President of the United States or the Governor of Illinois to be a day during
				  which the agencies of the State of Illinois that are ordinarily open to do
				  business with the public will be closed for business.
"Caregiver" means a person who, as a result of a
				  family relationship, voluntarily, or in exchange for compensation, has assumed
				  responsibility for all or a portion of the care of an eligible adult who needs
				  assistance with activities of daily living or instrumental activities of daily
				  living.
[
				  320 ILCS 20/2
				  (a-7)]
"Continuance" means a decision to proceed with a hearing at a
				  later date than scheduled.
"Department" means the Illinois Department on Aging.
"Direct care" includes, but is not limited to, direct
				  access to an individual, his or her living quarters, or his or her personal,
				  financial, or medical records for the purpose of providing nursing care or
				  assistance with feeding, dressing, movement, bathing, toileting, other personal
				  needs and activities of daily living
or instrumental activities of
				  daily living,
or assistance with financial transactions.
[
				  320 ILCS
				  20/7.5(b) ]
"Direct care agency" means a State agency listed in Section
				  270.404(a)
				  and any entity or provider agency of direct care.
"Director" means the Director of the
				  Department.
[
				  320 ILCS
				  20/2(c) ]
"Domestic living situation" means a residence where
				  the eligible adult at the time of the report lives alone or with his or her
				  family or a caregiver, or others, or other community-based unlicensed facility,
				  but is not:
A licensed facility as defined in Section 1-113 of
				  the Nursing Home Care Act
[
				  210 ILCS
				  45/1-113 ];
A facility licensed under the ID/DD Community Care
				  Act
[ 210 ILCS 47 ];
A facility licensed under the MC/DD Act
[
				  210 ILCS 46 ];
A facility licensed under the Specialized Mental
				  Health Rehabilitation Act of 2013
[ 210 ILCS 49 ];
A "life care facility" as defined in the Life Care
				  Facilities Act
[ 210 ILCS 40 ];
A home, institution, or other place operated by the
				  federal government or agency thereof or by the State of
				  Illinois;
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
				  therefor, which is required to be licensed under the Hospital Licensing
				  Act
[ 210 ILCS 85 ];
A "community living facility" as defined in the
				  Community Living Facilities Licensing Act
[ 210 ILCS 35 ];
A "community-integrated living arrangement" as
				  defined in the Community-Integrated Living Arrangements Licensure and
				  Certification Act or a "community residential alternative" as licensed under
				  that Act
[ 210 ILCS 135 ];
An assisted living or shared housing establishment as
				  defined in the Assisted Living and Shared Housing Act
[ 210 ILCS 9 ];
				  or
A supportive living facility as described in Section
				  5-5.01a of the Illinois Public Aid Code
[ 305 ILCS 5 ].
"Eligible adult" means either an adult with
				  disabilities aged 18 through 59 or a person aged 60 or older who resides in a
				  domestic living situation and is, or
is
alleged to be, abused,
				  neglected, or financially exploited by another individual. "Eligible adult"
				  also includes an adult who resides in any of the facilities that are excluded
				  from the definition of "domestic living situation" if either:
the alleged abuse or neglect occurs outside of the
				  facility and not under facility supervision and the alleged abuser is a family
				  member, caregiver, or another person who has a continuing relationship with the
				  adult; or
the alleged financial exploitation is perpetrated by
				  a family member, caregiver, or another person who has a continuing relationship
				  with the adult, but who is not an employee of the facility where the adult
				  resides.
[
				  320 ILCS
				  20/2(e) ]
"Filed" means conveyed to the Department/other entity
				  authorized to conduct hearings under this Subpart. A valid document or request
				  will be considered filed on the business day it is received or, if mailed, on
				  the date it is postmarked. Contact in person, by phone, fax, e-mail, via an
				  electronic account, or other acceptable electronic means will be considered
				  filed on a business day if it is received prior 5:00 p.m. on that date. If
				  receipt is after 5:00 p.m., the action will be deemed filed on the next
				  business day.
"Final administrative decision" means the final determination
				  by the Director regarding whether or not placement of a caregiver's identity on
				  the Registry is in the public interest.
"Financial exploitation" means the use of an eligible
				  adult's resources by another to the disadvantage of that adult or the profit or
				  advantage of a person other than that adult.
[
				  320 ILCS 20/2
				  (f-1)]
"Health care facility" means any residential facility
				  licensed, certified, or regulated by the Department of Public Health, the
				  Department of Healthcare and Family Services, or the Department of Human
				  Services.
"Long term care facility" means any residential facility
				  licensed, certified, or regulated by the Department of Public Health.
"Neglect" means another individual's failure to
				  provide an eligible adult with, or willful withholding from an eligible adult,
				  the necessities of life, including, but not limited to, food, clothing, shelter
				  or health care. This definition does not create any new affirmative duty to
				  provide support to eligible adults. Nothing in
the
Act shall
				  be construed to mean that an eligible adult is a victim of neglect because of
				  health care services provided or not provided by licensed health care
				  professionals.
[
				  320 ILCS
				  20/2(g) ]
"Other entity" means an Illinois State agency or its
				  qualified designee with the administrative capacity to handle all hearing
				  functions as set forth in this Subpart.
"Participant" means an individual who uses the
				  services of an in-home care
or community-based
program funded
				  through the Department on Aging, the Department of Healthcare and Family
				  Services, the Department of Human Services, or the Department of Public
				  Health.
[
				  320 ILCS
				  20/7.5(b) ]
"Party" means an individual or entity, including the
				  Department, that has standing to participate and is participating in a
				  proceeding under this Subpart. For purposes of filing and service, "party" also
				  means an appropriately designated agent for receipt of service.
"Preponderance of the evidence" means the greater weight of
				  the evidence that renders a fact more likely than not.
"Registry" means the Adult Protective Service
				  Registry.
"Relevant Contact Information" means the current contact
				  information, including, but not limited to, address, phone number and email
				  address that allows the Department/other entity authorized to conduct hearings
				  under this Subpart to contact the party as necessary during the course of a
				  proceeding under this Subpart.
"Verified and substantiated finding", as used in this
				  Subpart, means a determination by "clear and convincing" evidence by a provider
				  agency, after assessment, that injury or harm has occurred as the result of
				  abuse, neglect or financial exploitation in a reported case.
"Victim" means an eligible adult who is the subject of a
				  verified and substantiated finding of abuse, neglect or financial
				  exploitation.