Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 270 - ADULT PROTECTION AND ADVOCACY SERVICES › Subpart C - ADULT PROTECTIVE SERVICES PROGRAM › Section 270.210 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
"Abandonment" means the desertion or willful
				  forsaking of an eligible adult by an individual responsible for the care and
				  custody of that eligible adult under circumstances in which a reasonable person
				  would continue to provide care and custody.
[320 ILCS
				  20/2(a) ]
"Abuse" means causing any physical, mental or sexual
				  injury to an eligible adult, including exploitation of such adult's financial
				  resources, and abandonment.
[320 ILCS 20/2
				  (a-1)]
"Abuser" means a person who is a family member
				  caregiver, or another person who has a continuing relationship with the
				  eligible adult and abuses, neglects, or financially exploits an eligible
				  adult.
[320 ILCS 20/2 (a-5)]
"Act" means the Adult Protective Services Act [320 ILCS
				  20].
"Adult Protective Services Hotline" means the 24-hour
				  toll-free statewide telephone number that can be called to report suspected
				  cases of abuse, neglect, financial exploitation, or self-neglect of eligible
				  adults.
"Adult protective services provider agency", "APS provider
				  agency" or "designated agency" means any public or nonprofit agency, appointed
				  by the regional administrative agency with prior approval by the Department, to
				  receive and assess reports of alleged or suspected abuse, neglect, financial
				  exploitation, or self-neglect.
"Adult with disabilities" means a person age 18
				  through 59 who resides in a domestic living situation and whose
				  disability
(see definition of "Disability")
impairs his or her
				  ability to seek or obtain protection from abuse, abandonment, neglect or
				  financial exploitation.
[320 ILCS 20/2 (a-6)]
"Allegation" means a charge or a claim of abuse, abandonment,
				  neglect, financial exploitation, or self-neglect.
"Alleged abuser" means a person who is reported as abusing,
				  abandoning, neglecting or financially exploiting an adult with disabilities or
				  older person.
"Alleged victim" means an adult with disabilities or older
				  person who is reported as being abused, abandoned, neglected or financially
				  exploited, or who is neglecting himself or herself.
"APS" means adult protective services.
"Assessment" means the process of obtaining and documenting
				  information about the case to determine if there is reason to believe abuse,
				  abandonment, neglect, financial exploitation, or self-neglect is occurring (or
				  has occurred), and to ascertain the level of risk to the eligible adult of
				  future abuse or harm.
"Capacity to consent" to an assessment or services means an
				  individual reasonably appears to be either:
able to receive and evaluate information related to the
				  assessment or services; or
able to communicate in any manner decisions related to the
				  assessment of the reported incident or services. (See
				  320 ILCS
				  20/9 (d-5).)
"Caregiver" means a person who either, 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 livin
g
or
				  instrumental activities of daily living
. [320 ILCS 20/2
				  (a-7)]
"Case work" is the development and implementation of a
				  service plan for the client, which minimally includes: the identification of
				  the needs, problems, limitations and capacities of the client; interventions to
				  protect the health, welfare and safety of the client; assisting the client in
				  obtaining needed services; and respecting the self-determination and
				  independence of the client.
"Case worker" means an employee of an APS provider agency who
				  is authorized to receive and assess reports of alleged or suspected abuse,
				  abandonment, neglect, financial exploitation, or self-neglect, and to develop
				  and implement a service plan for a client.
"Clear and convincing" is the standard of proof that must be
				  met to reach a "verified" substantiation decision in the Adult Protective
				  Services Program. This standard of proof is met when the credible evidence,
				  weighed in its entirety, creates a substantial certainty that the abuse,
				  abandonment, neglect, or financial exploitation is occurring or has
				  occurred.
"Client" is an eligible adult who is receiving services from
				  the APS provider agency.
"Combined service area" means a designated service area,
				  within a planning and service area where a single APS provider agency is
				  responsible for providing a response, during non-business hours, to reports of
				  alleged or suspected abuse, neglect, or self-neglect when an eligible adult is
				  at risk of death or serious physical injury, pursuant to a cooperative
				  agreement among the APS provider agencies involved. The APS provider agency
				  shall respond to reports in accordance with the time frame outlined in Section
				  270.240.
"Confinement" means restraining or isolating an individual
				  for other than bona fide medical reasons.
"Department" means the Department on Aging of the
				  State of Illinois.
[320 ILCS
				  20/2(b) ]
"Director" means the Director of the
				  Department.
[320 ILCS
				  20/2(c) ]
"Disability" means a physical or mental disability,
				  including, but not limited to, a developmental disability, an intellectual
				  disability, a mental illness as defined under the Mental Health and
				  Developmental Disabilities Code
[405 ILCS
				  5/1-129 ]
, or dementia as defined under the
				  Alzheimer's Disease Assistance Act
[410 ILCS
				  405/3 (a-5)]. [320 ILCS 20/2
				  (c-5)]
"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
[210 ILCS 135]
or a "community residential
				  alternative" as licensed under that Act
;
An assisted living or shared housing establishment as
				  defined in the Assisted Living and Shared Housing Act
[210 ILCS 9];
				  and
A supportive living facility as described in Section
				  5-5.01a of the Illinois Public Aid Code
[305 ILCS 5]. [320 ILCS
				  20/2(d)]
"Early Intervention Services" are the services purchased by
				  APS provider agencies to provide temporary short term or emergency services
				  necessary to secure the health, welfare and/or safety of a client when other
				  existing resources are unavailable.
"Eligible adult" means either an adult with
				  disabilities age 18 through 59 or a person age 60 or older who resides in a
				  domestic living situation and is, or is alleged to be, abused, abandoned,
				  neglected, or financially exploited by another individual or who neglects
				  himself or herself. "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) ]
"Emergency" means a situation in which an eligible
				  adult is living in conditions presenting a risk of death or physical, mental or
				  sexual injury and the APS provider agency has reason to believe the eligible
				  adult is unable to consent to services that would alleviate that risk.
[320 ILCS
				  20/2(f) ]
"Emotional abuse" means verbal assaults, threats of
				  maltreatment, harassment, or intimidation.
"Fatality Review Team" means a regional interagency review
				  team established pursuant to Section 15 of the Act.
"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)]
"Follow-up" means the monitoring of substantiated cases of
				  abuse, abandonment, neglect, financial exploitation, or self-neglect for
				  clients of the program.
"Guardian" means a person appointed by a court of competent
				  jurisdiction, who is legally responsible for the care of a person who has been
				  adjudicated by the court to be incompetent to manage his or her own affairs
				  and/or property.
"Initial interview" means the preliminary contact made by an
				  APS provider agency to determine: the level of risk to an alleged victim, the
				  need for early intervention services in order to assure safety and welfare or
				  otherwise reduce risk to the alleged victim, and the alleged victim's
				  decisional capacity to consent to an assessment and/or services.
"Intake" means the point at which trained staff of the
				  Illinois Department on Aging's Adult Protective Services Hotline and Senior
				  HelpLine, a regional administrative agency, or APS provider agency receives a
				  report of alleged or suspected abuse, neglect, financial exploitation or
				  self-neglect and relays the report to a case worker for further
				  assessment.
"Intervention" means an action initiated by the APS case
				  worker or the APS provider agency to provide medical, social, economic, legal,
				  housing, law enforcement, or other protective, emergency or supportive services
				  to, or on behalf of, the eligible adult.
"
Investment advisor" means any person required to
				  register as an investment adviser or investment adviser representative under
				  Section 8 of the Illinois Securities Law of 1953, which for purposes
				  of
the
Act excludes any bank, trust company, savings bank, or
				  credit union, or their respective employees
.
"Mandated reporter" means any of the following
				  persons while engaged in carrying out their professional
				  duties:
a professional or professional's delegate while
				  engaged in:
social services;
law enforcement;
education;
the care of an eligible adult or eligible adults;
				  or
any of the occupations required to be licensed under
				  the Behavior Analyst Licensing Act
[225 ILCS 6],
Clinical
				  Psychologist Licensing Act
[225 ILCS 15],
the Clinical Social
				  Work and Social Work Practice Act
[225 ILCS 20],
the Illinois
				  Dental Practice Act
[225 ILCS 25],
the Dietitian Nutritionist
				  Practice Act
[225 ILCS 30],
the Marriage and Family Therapy
				  Licensing Act
[225 ILCS 55],
the Medical Practice Act of
				  1987
[225 ILCS 60],
the Naprapathic Practice Act
[225
				  ILCS 63],
the Nurse Practice Act
[225 ILCS 65],
the
				  Nursing Home Administrators Licensing and Disciplinary Act
[225 ILCS
				  70],
the Illinois Occupational Therapy Practice Act
[225 ILCS
				  75],
the Illinois Optometric Practice Act of 1987
[225 ILCS
				  80],
the Pharmacy Practice Act
[225 ILCS 85],
the
				  Illinois Physical Therapy Act
[225 ILCS 90],
the Physician
				  Assistant Practice Act of 1987
[225 ILCS 95],
the Podiatric
				  Medical Practice Act of 1987
[225 ILCS 100],
the Professional
				  Counselor and Clinical Professional Counselor Licensing and Practice
				  Act
[225 ILCS 107],
the Respiratory Care Practice Act
[225 ILCS 106],
the Illinois Speech-Language Pathology and Audiology
				  Practice Act
[225 ILCS 110],
the Veterinary Medicine and
				  Surgery Practice Act of 2004
[225 ILCS 115],
and the Illinois
				  Public Accounting Act
[225 ILCS 450];
an employee of an entity providing developmental
				  disabilities services or service coordination funded by the Department of Human
				  Services;
an employee of a vocational rehabilitation facility
				  prescribed or supervised by the Department of Human Services;
an administrator, employee, or person providing
				  services in or through an unlicensed community-based facility;
any religious practitioner who provides treatment by
				  prayer or spiritual means alone in accordance with the tenets and practices of
				  a recognized church or religious denomination, except as to information
				  received in any confession or sacred communication enjoined by the discipline
				  of the religious denomination to be held confidential;
field personnel of the Department of Healthcare and
				  Family Services, Department of Public Health, and Department of Human Services,
				  and any county or municipal health department;
personnel of the Department of Human Services, the
				  Guardianship and Advocacy Commission, the State Fire Marshal, local fire
				  departments, the Department on Aging and its subsidiary Area Agencies on Aging
				  and APS provider agencies, except the State Long Term Care Ombudsman and any of
				  their representatives or volunteers where prohibited from making such a report
				  pursuant to 45 CFR
				  1324.11(e)(3)(iv);
provided that attorneys contracted or employed by the Area Agencies and their
				  senior legal services providers and licensed to practice in Illinois are not
				  mandated to report abuse, although they may voluntarily do so;
any employee of the State of Illinois not otherwise
				  specified in this definition who is involved in providing services to eligible
				  adults, including professionals providing medical or rehabilitation services
				  and all other persons having direct contact with eligible
				  adults;
a person who performs the duties of a coroner or
				  medical examiner;
a person who performs the duties of a paramedic or an
				  emergency medical technician; or
[320 ILCS 20/2
				  (f-5)]
a person who performs the duties of an investment
				  advisor.
"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) ]
"Passive neglect" means the failure by a caregiver to provide
				  an eligible adult with the necessities of life including, but not limited to,
				  food, clothing, shelter, or medical care, because of failure to understand the
				  eligible adult's needs, lack of awareness of services to help meet needs, or a
				  lack of capacity to care for the eligible adult.
"Physical abuse" means the causing of physical pain or injury
				  to an eligible adult.
"Preponderance of the evidence" is the standard of proof
				  that, must be met to reach a "some indication" substantiation decision in the
				  Adult Protective Services Program. This standard of proof is met when the
				  credible evidence, weighed in its entirety, creates a reasonable certainty that
				  more likely than not the abuse, abandonment, neglect, financial exploitation,
				  or self-neglect is occurring or has occurred.
"Procurement" means the method and documentation issued by
				  the regional administrative agency or the Department to allow potential APS
				  provider agencies to submit qualifications for purposes of designation as an
				  APS provider agency.
"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 on Aging to receive and assess reports of alleged or suspected
				  abuse, neglect, or financial exploitation.
A provider agency may
				  provide services in more than one planning and service area when appointed by
				  the regional administrative agency with prior approval by the Department.
				  [320 ILCS
				  20/2(h) ]
"Regional administrative agency" means any public or
				  nonprofit agency in a planning and service area that provides regional
				  oversight and performs functions as set forth in
Section 3(b)
of the Act
.
The Department shall designate an Area
				  Agency on Aging as the regional administrative agency or, in the event the Area
				  Agency on Aging in that planning and service area is unwilling or unable to
				  provide those functions, the Department may serve as the regional
				  administrative agency or designate another qualified entity to serve as the
				  reginal administrative agency; any such designation shall be subject to terms
				  set forth by the Department.
[320 ILCS
				  20/2(i) ]
"Report taker" means the trained staff of the Department's
				  Adult Protective Services Hotline and Senior HelpLine, regional administrative
				  agencies or APS provider agencies that performs intake of alleged or suspected
				  abuse, abandonment, neglect, financial exploitation or self-neglect.
"Reporter" means the person who calls, visits or otherwise
				  communicates to an authorized intake agency allegations or suspicions that an
				  eligible adult has been or is being abused, abandoned, neglected, or
				  financially exploited, or is neglecting himself or herself.
"Senior HelpLine" means the Department's toll-free statewide
				  number that can be called to report suspected cases of abuse, abandonment,
				  neglect, financial exploitation, or self-neglect to obtain additional
				  information about services available to eligible adults.
"Self-determination" means the right of an eligible adult
				  with decisional capacity to:
decide where and how to will live;
choose whether to accept program services or other community
				  assistance; and
make decisions different from those a reasonable adult would
				  make, including "bad" decisions, that are not harmful to others.
"Self-neglect" means a condition that is the result
				  of an eligible adult's inability, due to physical or mental impairments, or
				  both, or a diminished capacity, to perform essential self-care tasks that
				  substantially threaten his or her own health, including: providing essential
				  food, clothing, shelter, and health care; and obtaining goods and services
				  necessary to maintain physical health, mental health, emotional well-being, and
				  general safety. The term includes compulsive hoarding, which is characterized
				  by the acquisition and retention of large quantities of items and materials
				  that produce an extensively cluttered living space, which significantly impairs
				  the performance of essential self-care tasks or otherwise substantially
				  threatens life or safety.
[320 ILCS 20/2
				  (i-5)]
"Services" means medical, social, economic, legal, housing,
				  law enforcement, or other protective, early, emergency or supportive action
				  provided to, or on behalf of, the eligible adult.
"Sexual abuse" means any sexual activity with an eligible
				  adult who is unable to understand, unwilling to consent, threatened, or
				  physically forced to engage in such sexual activity.
"Shared service area" means the designated area within a
				  planning and service area where two or more APS provider agencies are
				  responsible for providing a response, during non-business hours, to reports of
				  alleged or suspected abuse, abandonment, neglect, or self-neglect when an
				  eligible adult is at risk of death or serious physical injury, pursuant to a
				  cooperative agreement among the APS provider agencies involved. The APS
				  provider agencies shall respond to reports in accordance with the time frame
				  outlined in Section 270.240.
"State Triad" is a statewide, unincorporated, voluntary
				  association of law enforcement, senior citizens and community groups, organized
				  around the issue of senior safety, crime against the elderly, and financial
				  exploitation of the elderly. The State Triad Council was created under the
				  aegis of the National Association of Triads, Inc., 1450 Duke Street, Alexandria
				  VA 22314.
"Substantiation" is the process by which an APS provider
				  agency determines, after a review of all available information, that abuse,
				  abandonment, neglect, financial exploitation, or self-neglect of an eligible
				  adult has occurred.
"Substantiated case" means a reported case of alleged
				  or suspected abuse, neglect, financial exploitation or self-neglect in which an
				  APS provider agency, after assessment, determines that there is reason to
				  believe abuse, abandonment, neglect, financial exploitation
, or
				  self-neglect
has occurred.
[320 ILCS
				  20/2(j) ]
"Suspicious death" means an instance in which an APS provider
				  agency reasonably believes that the death of an individual may be the result of
				  abuse or neglect.
"Verified" means a determination that there is "clear
				  and convincing evidence" that the specific injury or harm alleged was the
				  result of abuse, abandonment, neglect, or financial exploitation.
[320 ILCS
				  20/2(k) ]
"Victim" means an eligible adult who is the subject of a
				  substantiated report of abuse, abandonment, neglect, financial exploitation, or
				  self-neglect.
"Willful deprivation" is the deliberate denial to an eligible
				  adult of required medication, medical care, shelter, food, therapeutic devices,
				  or other physical assistance, thereby exposing that person to the risk of
				  physical, mental, or emotional harm. Willful deprivation shall not include the
				  discontinuation of medical care or treatment when the eligible adult has
				  expressed a desire to forego such medical care or treatment.