SB 2879 — DHS-INVESTIGATIVE REPORTS

*LRB10016240KTG31363b* SB2879 100THEngrossed GENERALLRB100 ASSEMBLY16240 StateKTG of31363 Illinoisb andAN 2018ACT SB2879concerning IntroducedState 2/14/2018,government. by Sen.

John F.

Curran SYNOPSIS AS INTRODUCED:

ILCS 1305/1-17 Amends the Department of Human Services Act.

In a provision concerning investigative reports issued by the Office of the Inspector General upon completion of an abuse or neglect investigation, provides that the victim and the victim's guardian shall be provided with a redacted copy of the investigative report if the allegations of abuse or neglect are substantiated.

Provides that unredacted investigative reports, as well as raw data, may be shared with a local law enforcement entity, a State's Attorney's office, or a county coroner's office upon written request.

Effective immediately.

LRB100 16240 KTG 31363 b FISCAL NOTE ACT MAY APPLY A BILL FOR SB2879 LRB100 16240 KTG 31363 b AN ACT concerning State government.

"Adult student with a disability" means an adult student, SB2879 Engrossed - 2 - LRB100 16240 KTG 31363 b age 18 through 21, inclusive, with an Individual Education Program, other than a resident of a facility licensed by the Department of Children and Family Services in accordance with the Child Care Act of 1969.

SB2879 Engrossed - 3 - LRB100 16240 KTG 31363 b "Deflection" includes triage, redirection, and denial of admission.

"Financial exploitation" means taking unjust advantage of SB2879 Engrossed - 4 - LRB100 16240 KTG 31363 b an individual's assets, property, or financial resources through deception, intimidation, or conversion for the employee's, facility's, or agency's own advantage or benefit.

"Mitigating circumstance" means a condition that (i) is attendant to a finding, (ii) does not excuse or justify the conduct in question, but (iii) may be considered in evaluating the severity of the conduct, the culpability of the accused, or both the severity of the conduct and the culpability of the SB2879 Engrossed - 5 - LRB100 16240 KTG 31363 b accused.

SB2879 Engrossed - 6 - LRB100 16240 KTG 31363 b "Sexual abuse" means any sexual contact or intimate physical contact between an employee and an individual, including an employee's coercion or encouragement of an individual to engage in sexual behavior that results in sexual contact, intimate physical contact, sexual behavior, or intimate physical behavior.

The Governor shall appoint, and the Senate SB2879 Engrossed - 7 - LRB100 16240 KTG 31363 b shall confirm, an Inspector General.

To comply with the requirements of subsection (k) of this Section, the Inspector General shall also review all reportable deaths for SB2879 Engrossed - 8 - LRB100 16240 KTG 31363 b which there is no allegation of abuse or neglect.

The rules shall clearly establish SB2879 Engrossed - 9 - LRB100 16240 KTG 31363 b that if 2 or more State agencies could investigate an allegation, the Inspector General shall not conduct an investigation that would be redundant to, or interfere with, an investigation conducted by another State agency.

SB2879 Engrossed - 10 - LRB100 16240 KTG 31363 b (1) The Inspector General shall at all times be granted access to any facility or agency for the purpose of investigating any allegation, conducting unannounced site visits, monitoring compliance with a written response, or completing any other statutorily assigned duty.

Additionally, any employee who, during an SB2879 Engrossed - 11 - LRB100 16240 KTG 31363 b unannounced site visit or written response compliance check, fails to cooperate with requests from the Office of the Inspector General is in violation of this Act.

If an employee witnesses, is told of, or has reason to believe an incident of mental abuse, physical abuse, sexual abuse, neglect, or financial exploitation has occurred, the employee, agency, or facility shall report the allegation by phone to the Office of the Inspector General hotline according to the agency's or facility's procedures, but in no event later than 4 hours after the initial discovery of the incident, allegation, or suspicion of any one or more of the SB2879 Engrossed - 12 - LRB100 16240 KTG 31363 b following:

Within 24 hours after determining that there is credible evidence indicating that a criminal act may have been committed or that special SB2879 Engrossed - 13 - LRB100 16240 KTG 31363 b expertise may be required in an investigation, the Inspector General shall notify the Department of State Police or other appropriate law enforcement authority, or ensure that such notification is made.

SB2879 Engrossed - 14 - LRB100 16240 KTG 31363 b (m) Investigative reports.

Unsubstantiated and unfounded reports shall not be disclosed except as allowed under Section 6 of the Abused and SB2879 Engrossed - 15 - LRB100 16240 KTG 31363 b Neglected Long Term Care Facility Residents Reporting Act.

If the SB2879 Engrossed - 16 - LRB100 16240 KTG 31363 b written response is not filed within the allotted 30 calendar day period, the Secretary shall determine the appropriate corrective action to be taken.

Within 30 days of the SB2879 Engrossed - 17 - LRB100 16240 KTG 31363 b date the Secretary approves the written response or directs that further administrative action be taken, the facility or agency shall provide an implementation report to the Inspector General that provides the status of the action taken.

SB2879 Engrossed - 18 - LRB100 16240 KTG 31363 b (4) Termination of any one or more of the following:

Notice is sufficient if provided by certified mail to the employee's last known SB2879 Engrossed - 19 - LRB100 16240 KTG 31363 b address.

A person who makes a report or who investigates a report under this Act shall testify fully in any judicial proceeding resulting from SB2879 Engrossed - 20 - LRB100 16240 KTG 31363 b such a report, as to any evidence of abuse or neglect, or the cause thereof.

SB2879 Engrossed - 21 - LRB100 16240 KTG 31363 b (6) Removal from Registry.

Of the initial appointments made by the Governor, 4 Board members shall each be appointed for a term of 4 years and 3 members shall each be appointed for a SB2879 Engrossed - 22 - LRB100 16240 KTG 31363 b term of 2 years.

(1) Provide independent, expert consultation to the Inspector General on policies and protocols for investigations of alleged abuse, neglect, or both abuse and SB2879 Engrossed - 23 - LRB100 16240 KTG 31363 b neglect.

The report shall also include detailed recommended administrative actions SB2879 Engrossed - 24 - LRB100 16240 KTG 31363 b and matters for consideration by the General Assembly.

SB2879 Engrossed - 25 - LRB100 16240 KTG 31363 b (Source: