320 ILCS 20/1
Short title
Short title. This Act shall be known and may be cited as the Adult Protective Services Act. (Source: P.A. 98-49, eff. 7-1-13.)
Illinois Compiled Statutes 320 ILCS 20 — Adult Protective Services Act.
Illinois · statute · 320 ILCS 20 · 25 active provisions
320 ILCS 20/2
Definitions
Definitions. As used in this Act, unless the context requires otherwise: (a) "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 custod…
320 ILCS 20/3
Responsibilities
Responsibilities. (a) The Department shall establish, design, and manage a protective services program for eligible adults who have been, or are alleged to be, victims of abuse, abandonment, neglect, financial exploitation, or self-neglect. The Department may develop policies and procedures to effectively administer al…
320 ILCS 20/3.1
Adult protective services dementia training
Adult protective services dementia training. (a) This Section shall apply to any person who is employed by the Department in the Adult Protective Services division, or is contracted with the Department, and works on the development or implementation of social services to respond to and prevent adult abuse, neglect, or…
320 ILCS 20/3.3
Adult protective services trauma-informed training
Adult protective services trauma-informed training. (a) This Section applies to any person who is employed by the Department in the Adult Protective Services division, or is contracted with the Department, and works on the development and implementation of social services to respond to and prevent adult abuse, neglect,…
320 ILCS 20/3.5
Other responsibilities
Other responsibilities. The Department shall also be responsible for the following activities, contingent upon adequate funding; implementation shall be expanded to adults with disabilities upon the effective date of this amendatory Act of the 98th General Assembly, except those responsibilities under subsection (a), w…
320 ILCS 20/3.6
Elder abuse risk assessment tool
Elder abuse risk assessment tool. (a) The Department shall develop and implement a demonstration project to allow for the use of a risk assessment tool to assist in identifying elderly persons, including homebound persons, who may be experiencing elder abuse, abandonment, neglect, or exploitation and providing the nece…
320 ILCS 20/4
Reports of abuse, abandonment, or neglect
Reports of abuse, abandonment, or neglect. (a) Any person who suspects the abuse, abandonment, neglect, financial exploitation, or self-neglect of an eligible adult may report this suspicion or information about the suspicious death of an eligible adult to an agency designated to receive such reports under this Act or…
320 ILCS 20/4.1
Employer discrimination
Employer discrimination. No employer shall discharge, demote or suspend, or threaten to discharge, demote or suspend, or in any manner discriminate against any employee: (i) who makes any good faith oral or written report of suspected abuse, abandonment, neglect, or financial exploitation; (ii) who makes any good faith…
320 ILCS 20/4.2
Testimony by mandated reporter and investigator
Testimony by mandated reporter and investigator. Any mandated reporter who makes a report or any person who investigates a report under this Act shall testify fully in any judicial proceeding resulting from such report, as to any evidence of abuse, abandonment, neglect, or financial exploitation or the cause thereof. A…
320 ILCS 20/5
Procedure
Procedure. (a) A provider agency, upon receiving a report of alleged or suspected abuse, abandonment, neglect, or financial exploitation, shall conduct a face-to-face assessment with respect to such report, in accordance with established law and Department protocols, procedures, and policies. A provider agency that rec…
320 ILCS 20/5.1
Procedure for self-neglect
Procedure for self-neglect. (a) A provider agency, upon receiving a report of self-neglect, shall conduct no less than 2 unannounced face-to-face visits at the residence of the eligible adult to administer, upon consent, the eligibility screening. The eligibility screening is intended to quickly determine if the eligib…
320 ILCS 20/6
Time
Time. The Department shall by rule establish the period of time within which an assessment or eligibility screening shall begin and within which a service care plan shall be implemented. Such rules shall provide for an expedited response to emergency situations.(Source: P.A. 103-626, eff. 1-1-25.)
320 ILCS 20/7
Review
Review. All services provided to an eligible adult shall be reviewed by the provider agency on at least a quarterly basis for up to one year to determine whether the service care plan should be continued or modified, except that, upon review, the Department on Aging may grant a waiver to extend the service care plan fo…
320 ILCS 20/7.1
Final investigative report
Final investigative report. A provider agency shall prepare a final investigative report, upon the completion or closure of an investigation, in all cases of reported abuse, abandonment, neglect, financial exploitation, or self-neglect of an eligible adult, whether or not there is a substantiated finding. Upon eligible…
320 ILCS 20/7.5
Registry
Registry. (a) To protect individuals receiving in-home and community-based services, the Department on Aging shall establish an Adult Protective Service Registry that will be hosted by the Department of Public Health on its website effective January 1, 2015, and, if practicable, shall propose rules for the Registry by…
320 ILCS 20/8
Access to records
Access to records. All records concerning reports of abuse, abandonment, neglect, financial exploitation, or self-neglect or reports of suspicious deaths due to abuse, neglect, or financial exploitation and all records generated as a result of such reports shall be confidential and shall not be disclosed except as spec…
320 ILCS 20/9
Authority to consent to services
Authority to consent to services. (a) If an eligible adult consents to an assessment of a reported incident of suspected abuse, abandonment, neglect, financial exploitation, or eligibility screening for self-neglect and, following the assessment of such report, consents to services being provided according to the case…
320 ILCS 20/9.5
Commencement of action for ex parte authorization orders; filing fees; process
Commencement of action for ex parte authorization orders; filing fees; process. (a) Actions for ex parte authorization orders are commenced: (1) independently, by filing a petition for an ex parte authorization order in the circuit court; (2) in conjunction with other civil proceedings, by filing a petition for an ex p…
320 ILCS 20/10
Rules
Rules. The Department shall adopt such rules and regulations as it deems necessary to implement this Act. (Source: P.A. 85-1184.)
320 ILCS 20/11
Annual Reports
Annual Reports. The Department shall file with the Governor and the General Assembly, within 270 days after the end of each fiscal year, a report concerning its implementation of this Act during such fiscal year, together with any recommendations for future implementation. (Source: P.A. 90-628, eff. 1-1-99.)
320 ILCS 20/13
Access
Access. (a) In accord with established law and Department protocols, procedures, and policies, the designated provider agencies shall have access to eligible adults who have been reported or found to be victims of abuse, abandonment, neglect, financial exploitation, or self-neglect in order to assess the validity of th…
320 ILCS 20/13.5
Commencement of action for access; filing fees; process; notice; duration of orders
Commencement of action for access; filing fees; process; notice; duration of orders. (a) Actions for orders seeking access to an eligible adult or freezing assets of an eligible adult are commenced: (1) independently, by filing a petition for access to an eligible adult or freezing the assets of an eligible adult in th…
320 ILCS 20/15
Fatality review teams
Fatality review teams. (a) State policy. (1) Both the State and the community maintain a commitment to preventing the abuse, abandonment, neglect, and financial exploitation of at-risk adults. This includes a charge to bring perpetrators of crimes against at-risk adults to justice and prevent untimely deaths in the com…
320 ILCS 20/15.5
Independent monitor
Independent monitor. Subject to appropriation, to ensure the effectiveness and accountability of the adult protective services system, the agency designated by the Governor under Section 1 of the Protection and Advocacy for Persons with Developmental Disabilities Act shall monitor the system and provide to the Departme…