SB 2809 — DCFS-ABUSE-ADULT RESIDENTS

SB2809 Engrossed - 4 - LRB096 17346 KTG 32697 b "Financial exploitation" means taking unjust advantage of 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.

"Finding" means the Office of Inspector General's determination regarding whether an allegation is substantiated, unsubstantiated, or unfounded.

"Health care worker registry" or "registry" means the health care worker registry created by the Nursing Home Care Act.

"Individual" means any person receiving mental health service, developmental disabilities service, or both from a facility or agency, while either on-site or off-site.

"Mental abuse" means the use of demeaning, intimidating, or threatening words, signs, gestures, or other actions by an employee about an individual and in the presence of an individual or individuals that results in emotional distress or maladaptive behavior, or could have resulted in emotional distress or maladaptive behavior, for any individual present.

"Mental illness" means "mental illness" as defined in the Mental Health and Developmental Disabilities Code.

"Mentally ill" means having a mental illness.

"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 SB2809 Engrossed - 5 - LRB096 17346 KTG 32697 b both the severity of the conduct and the culpability of the accused.

"Neglect" means an employee's, agency's, or facility's failure to provide adequate medical care, personal care, or maintenance and that, as a consequence, (i) causes an individual pain, injury, or emotional distress, (ii) results in either an individual's maladaptive behavior or the deterioration of an individual's physical condition or mental condition, or (iii) places the individual's health or safety at substantial risk.

"Physical abuse" means an employee's non-accidental and inappropriate contact with an individual that causes bodily harm.

"Physical abuse" includes actions that cause bodily harm as a result of an employee directing an individual or person to physically abuse another individual.

"Recommendation" means an admonition, separate from a finding, that requires action by the facility, agency, or Department to correct a systemic issue, problem, or deficiency identified during an investigation.

"Required reporter" means any employee who suspects, witnesses, or is informed of an allegation of any one or more of the following:

mental abuse, physical abuse, sexual abuse, neglect, or financial exploitation.

"Secretary" means the Chief Administrative Officer of the Department.

"Sexual abuse" means any sexual contact or intimate SB2809 Engrossed - 6 - LRB096 17346 KTG 32697 b 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.

"Substantiated" means there is a preponderance of the evidence to support the allegation.

"Unfounded" means there is no credible evidence to support the allegation.

"Unsubstantiated" means there is credible evidence, but less than a preponderance of evidence to support the allegation.

(c) Appointment.

The Governor shall appoint, and the Senate shall confirm, an Inspector General.

The Inspector General shall be appointed for a term of 4 years and shall function within the Department of Human Services and report to the Secretary and the Governor.

(d) Operation and appropriation.

The Inspector General shall function independently within the Department with respect to the operations of the Office, including the performance of investigations and issuance of findings and recommendations.

The appropriation for the Office of Inspector General shall be separate from the overall appropriation for the Department.

(e) Powers and duties.

The Inspector General shall investigate reports of suspected mental abuse, physical abuse, SB2809 Engrossed - 7 - LRB096 17346 KTG 32697 b sexual abuse, neglect, or financial exploitation of individuals in any mental health or developmental disabilities facility or agency and shall have authority to take immediate action to prevent any one or more of the following from happening to individuals under its jurisdiction:

mental abuse, physical abuse, sexual abuse, neglect, or financial exploitation.

Upon written request of an agency of this State, the Inspector General may assist another agency of the State in investigating reports of the abuse, neglect, or abuse and neglect of persons with mental illness, persons with developmental disabilities, or persons with both.

To comply with the requirements of subsection (k) of this Section, the Inspector General shall also review all reportable deaths for which there is no allegation of abuse or neglect.

Nothing in this Section shall preempt any duties of the Medical Review Board set forth in the Mental Health and Developmental Disabilities Code.

The Inspector General shall have no authority to investigate alleged violations of the State Officials and Employees Ethics Act.

Allegations of misconduct under the State Officials and Employees Ethics Act shall be referred to the Office of the Governor's Executive Inspector General for investigation.

(f) Limitations.

The Inspector General shall not conduct an investigation within an agency or facility if that investigation would be redundant to or interfere with an investigation conducted by another State agency.

The Inspector SB2809 Engrossed - 8 - LRB096 17346 KTG 32697 b General shall have no supervision over, or involvement in, the routine programmatic, licensing, funding, or certification operations of the Department.

Nothing in this subsection limits investigations by the Department that may otherwise be required by law or that may be necessary in the Department's capacity as central administrative authority responsible for the operation of the State's mental health and developmental disabilities facilities.

(g) Rulemaking authority.

The Inspector General shall promulgate rules establishing minimum requirements for reporting allegations as well as for initiating, conducting, and completing investigations based upon the nature of the allegation or allegations.

The rules shall clearly establish 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.

The rules shall further clarify the method and circumstances under which the Office of Inspector General may interact with the licensing, funding, or certification units of the Department in preventing further occurrences of mental abuse, physical abuse, sexual abuse, neglect, egregious neglect, and financial exploitation.

(h) Training programs.

The Inspector General shall (i) establish a comprehensive program to ensure that every person authorized to conduct investigations receives ongoing training SB2809 Engrossed - 9 - LRB096 17346 KTG 32697 b relative to investigation techniques, communication skills, and the appropriate means of interacting with persons receiving treatment for mental illness, developmental disability, or both mental illness and developmental disability, and (ii) establish and conduct periodic training programs for facility and agency employees concerning the prevention and reporting of any one or more of the following:

mental abuse, physical abuse, sexual abuse, neglect, egregious neglect, or financial exploitation.

Nothing in this Section shall be deemed to prevent the Office of Inspector General from conducting any other training as determined by the Inspector General to be necessary or helpful.

(i) Duty to cooperate.

(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.

The Inspector General shall conduct unannounced site visits to each facility at least annually for the purpose of reviewing and making recommendations on systemic issues relative to preventing, reporting, investigating, and responding to all of the following:

mental abuse, physical abuse, sexual abuse, neglect, egregious neglect, or financial exploitation.

(2) Any employee who fails to cooperate with an Office SB2809 Engrossed - 10 - LRB096 17346 KTG 32697 b of the Inspector General investigation is in violation of this Act.

Failure to cooperate with an investigation includes, but is not limited to, any one or more of the following:

(i) creating and transmitting a false report to the Office of the Inspector General hotline, (ii) providing false information to an Office of the Inspector General Investigator during an investigation, (iii) colluding with other employees to cover up evidence, (iv) colluding with other employees to provide false information to an Office of the Inspector General investigator, (v) destroying evidence, (vi) withholding evidence, or (vii) otherwise obstructing an Office of the Inspector General investigation.

Additionally, any employee who, during an 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.

(j) Subpoena powers.

The Inspector General shall have the power to subpoena witnesses and compel the production of all documents and physical evidence relating to his or her investigations and any hearings authorized by this Act.

This subpoena power shall not extend to persons or documents of a labor organization or its representatives insofar as the persons are acting in a representative capacity to an employee whose conduct is the subject of an investigation or the documents relate to that representation.

Any person who otherwise fails to respond to a subpoena or who knowingly SB2809 Engrossed - 11 - LRB096 17346 KTG 32697 b provides false information to the Office of the Inspector General by subpoena during an investigation is guilty of a Class A misdemeanor.

(k) Reporting allegations and deaths.

(1) Allegations.

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 following:

mental abuse, physical abuse, sexual abuse, neglect, or financial exploitation.

A required reporter as defined in subsection (b) of this Section who knowingly or intentionally fails to comply with these reporting requirements is guilty of a Class A misdemeanor.

(2) Deaths.

Absent an allegation, a required reporter shall, within 24 hours after initial discovery, report by phone to the Office of the Inspector General hotline each of the following:

(i) Any death of an individual occurring within 14 calendar days after discharge or transfer of the individual from a residential program or facility.

(ii) Any death of an individual occurring within 24 SB2809 Engrossed - 12 - LRB096 17346 KTG 32697 b hours after deflection from a residential program or facility.

(iii) Any other death of an individual occurring at an agency or facility or at any Department-funded site.

(3) Retaliation.

It is a violation of this Act for any employee or administrator of an agency or facility to take retaliatory action against an employee who acts in good faith in conformance with his or her duties as a required reporter.

(l) Reporting criminal acts.

Within 24 hours after determining that there is credible evidence indicating that a criminal act may have been committed or that special 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.

The Department of State Police shall investigate any report from a State-operated facility indicating a possible murder, sexual assault, or other felony by an employee.

All investigations conducted by the Inspector General shall be conducted in a manner designed to ensure the preservation of evidence for possible use in a criminal prosecution.

(m) Investigative reports.

Upon completion of an investigation, the Office of Inspector General shall issue an investigative report identifying whether the allegations are substantiated, unsubstantiated, or unfounded.

Within 10 SB2809 Engrossed - 13 - LRB096 17346 KTG 32697 b business days after the transmittal of a completed investigative report substantiating an allegation, or if a recommendation is made, the Inspector General shall provide the investigative report on the case to the Secretary and to the director of the facility or agency where any one or more of the following occurred:

mental abuse, physical abuse, sexual abuse, neglect, egregious neglect, or financial exploitation.

In a substantiated case, the investigative report shall include any mitigating or aggravating circumstances that were identified during the investigation.

If the case involves substantiated neglect, the investigative report shall also state whether egregious neglect was found.

An investigative report may also set forth recommendations.

All investigative reports prepared by the Office of the Inspector General shall be considered confidential and shall not be released except as provided by the law of this State or as required under applicable federal law.

Unsubstantiated and unfounded reports shall not be disclosed except as allowed under Section 6 of the Abused and Neglected Long Term Care Facility Residents Reporting Act.

Raw data used to compile the investigative report shall not be subject to release unless required by law or a court order.

"Raw data used to compile the investigative report" includes, but is not limited to, any one or more of the following:

the initial complaint, witness statements, photographs, investigator's notes, police reports, or incident reports.

If the allegations are substantiated, the accused SB2809 Engrossed - 14 - LRB096 17346 KTG 32697 b shall be provided with a redacted copy of the investigative report.

Death reports where there was no allegation of abuse or neglect shall only be released pursuant to applicable State or federal law or a valid court order.

(n) Written responses and reconsideration requests.

(1) Written responses.

Within 30 calendar days from receipt of a substantiated investigative report or an investigative report which contains recommendations, absent a reconsideration request, the facility or agency shall file a written response that addresses, in a concise and reasoned manner, the actions taken to:

(i) protect the individual;

(ii) prevent recurrences;

and (iii) eliminate the problems identified.

The response shall include the implementation and completion dates of such actions.

If the written response is not filed within the allotted 30 calendar day period, the Secretary shall determine the appropriate corrective action to be taken.

(2) Reconsideration requests.

The facility, agency, victim or guardian, or the subject employee may request that the Office of Inspector General reconsider or clarify its finding based upon additional information.

(o) Disclosure of the finding by the Inspector General.

The Inspector General shall disclose the finding of an investigation to the following persons:

(i) the Governor, (ii) the Secretary, (iii) the director of the facility or agency, (iv) the alleged victims and their guardians, (v) the SB2809 Engrossed - 15 - LRB096 17346 KTG 32697 b complainant, and (vi) the accused.

This information shall include whether the allegations were deemed substantiated, unsubstantiated, or unfounded.

(p) Secretary review.

Upon review of the Inspector General's investigative report and any agency's or facility's written response, the Secretary shall accept or reject the written response and notify the Inspector General of that determination.

The Secretary may further direct that other administrative action be taken, including, but not limited to, any one or more of the following:

(i) additional site visits, (ii) training, (iii) provision of technical assistance relative to administrative needs, licensure or certification, or (iv) the imposition of appropriate sanctions.

(q) Action by facility or agency.

Within 30 days of the 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.

The facility or agency shall be allowed an additional 30 days to send notice of completion of the action or to send an updated implementation report.

If the action has not been completed within the additional 30 day period, the facility or agency shall send updated implementation reports every 60 days until completion.

The Inspector General shall conduct a review of any implementation plan that takes more than 120 days after approval to complete, and shall monitor compliance through a SB2809 Engrossed - 16 - LRB096 17346 KTG 32697 b random review of approved written responses, which may include, but are not limited to:

(i) site visits, (ii) telephone contact, and (iii) requests for additional documentation evidencing compliance.

(r) Sanctions.

Sanctions, if imposed by the Secretary under Subdivision (p)(iv) of this Section, shall be designed to prevent further acts of mental abuse, physical abuse, sexual abuse, neglect, egregious neglect, or financial exploitation or some combination of one or more of those acts at a facility or agency, and may include any one or more of the following:

(1) Appointment of on-site monitors.

(2) Transfer or relocation of an individual or individuals.

(3) Closure of units.

(4) Termination of any one or more of the following:

(i) Department licensing, (ii) funding, or (iii) certification.

The Inspector General may seek the assistance of the Illinois Attorney General or the office of any State's Attorney in implementing sanctions.

(s) Health care worker registry.

(1) Reporting to the registry.

The Inspector General shall report to the Department of Public Health's health care worker registry, a public registry, the identity and finding of each employee of a facility or agency against whom there is a final investigative report containing a SB2809 Engrossed - 17 - LRB096 17346 KTG 32697 b substantiated allegation of physical or sexual abuse or egregious neglect of an individual.

(2) Notice to employee.

Prior to reporting the name of an employee, the employee shall be notified of the Department's obligation to report and shall be granted an opportunity to request an administrative hearing, the sole purpose of which is to determine if the substantiated finding warrants reporting to the registry.

Notice to the employee shall contain a clear and concise statement of the grounds on which the report to the registry is based, offer the employee an opportunity for a hearing, and identify the process for requesting such a hearing.

Notice is sufficient if provided by certified mail to the employee's last known address.

If the employee fails to request a hearing within 30 days from the date of the notice, the Inspector General shall report the name of the employee to the registry.

Nothing in this subdivision (s)(2) shall diminish or impair the rights of a person who is a member of a collective bargaining unit under the Illinois Public Labor Relations Act or under any other federal labor statute.

(3) Registry hearings.

If the employee requests an administrative hearing, the employee shall be granted an opportunity to appear before an administrative law judge to present reasons why the employee's name should not be reported to the registry.

The Department shall bear the burden of presenting evidence that establishes, by a SB2809 Engrossed - 18 - LRB096 17346 KTG 32697 b preponderance of the evidence, that the substantiated finding warrants reporting to the registry.

After considering all the evidence presented, the administrative law judge shall make a recommendation to the Secretary as to whether the substantiated finding warrants reporting the name of the employee to the registry.

The Secretary shall render the final decision.

The Department and the employee shall have the right to request that the administrative law judge consider a stipulated disposition of these proceedings.

(4) Testimony at registry hearings.

A person who makes a report or who investigates a report under this Act shall testify fully in any judicial proceeding resulting from such a report, as to any evidence of abuse or neglect, or the cause thereof.

No evidence shall be excluded by reason of any common law or statutory privilege relating to communications between the alleged perpetrator of abuse or neglect, or the individual alleged as the victim in the report, and the person making or investigating the report.

Testimony at hearings is exempt from the confidentiality requirements of subsection (f) of Section 10 of the Mental Health and Developmental Disabilities Confidentiality Act.

(5) Employee's rights to collateral action.

No reporting to the registry shall occur and no hearing shall be set or proceed if an employee notifies the Inspector General in writing, including any supporting SB2809 Engrossed - 19 - LRB096 17346 KTG 32697 b documentation, that he or she is formally contesting an adverse employment action resulting from a substantiated finding by complaint filed with the Illinois Civil Service Commission, or which otherwise seeks to enforce the employee's rights pursuant to any applicable collective bargaining agreement.

If an action taken by an employer against an employee as a result of a finding of physical abuse, sexual abuse, or egregious neglect is overturned through an action filed with the Illinois Civil Service Commission or under any applicable collective bargaining agreement and if that employee's name has already been sent to the registry, the employee's name shall be removed from the registry.

(6) Removal from registry.

At any time after the report to the registry, but no more than once in any 12-month period, an employee may petition the Department in writing to remove his or her name from the registry.

Upon receiving notice of such request, the Inspector General shall conduct an investigation into the petition.

Upon receipt of such request, an administrative hearing will be set by the Department.

At the hearing, the employee shall bear the burden of presenting evidence that establishes, by a preponderance of the evidence, that removal of the name from the registry is in the public interest.

The parties may jointly request that the administrative law judge consider a stipulated disposition of these proceedings.

SB2809 Engrossed - 20 - LRB096 17346 KTG 32697 b (t) Review of Administrative Decisions.

The Department shall preserve a record of all proceedings at any formal hearing conducted by the Department involving health care worker registry hearings.

Final administrative decisions of the Department are subject to judicial review pursuant to provisions of the Administrative Review Law.

(u) Quality Care Board.

There is created, within the Office of the Inspector General, a Quality Care Board to be composed of 7 members appointed by the Governor with the advice and consent of the Senate.

One of the members shall be designated as chairman by the Governor.

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 term of 2 years.

Upon the expiration of each member's term, a successor shall be appointed for a term of 4 years.

In the case of a vacancy in the office of any member, the Governor shall appoint a successor for the remainder of the unexpired term.

Members appointed by the Governor shall be qualified by professional knowledge or experience in the area of law, investigatory techniques, or in the area of care of the mentally ill or developmentally disabled.

Two members appointed by the Governor shall be persons with a disability or a parent of a person with a disability.

Members shall serve without compensation, but shall be reimbursed for expenses incurred in connection with the performance of their duties as members.

SB2809 Engrossed - 21 - LRB096 17346 KTG 32697 b The Board shall meet quarterly, and may hold other meetings on the call of the chairman.

Four members shall constitute a quorum allowing the Board to conduct its business.

The Board may adopt rules and regulations it deems necessary to govern its own procedures.

The Board shall monitor and oversee the operations, policies, and procedures of the Inspector General to ensure the prompt and thorough investigation of allegations of neglect and abuse.

In fulfilling these responsibilities, the Board may do the following:

(1) Provide independent, expert consultation to the Inspector General on policies and protocols for investigations of alleged abuse, neglect, or both abuse and neglect.

(2) Review existing regulations relating to the operation of facilities.

(3) Advise the Inspector General as to the content of training activities authorized under this Section.

(4) Recommend policies concerning methods for improving the intergovernmental relationships between the Office of the Inspector General and other State or federal offices.

(v) Annual report.

The Inspector General shall provide to the General Assembly and the Governor, no later than January 1 of each year, a summary of reports and investigations made under this Act for the prior fiscal year with respect to SB2809 Engrossed - 22 - LRB096 17346 KTG 32697 b individuals receiving mental health or developmental disabilities services.

The report shall detail the imposition of sanctions, if any, and the final disposition of any corrective or administrative action directed by the Secretary.

The summaries shall not contain any confidential or identifying information of any individual, but shall include objective data identifying any trends in the number of reported allegations, the timeliness of the Office of the Inspector General's investigations, and their disposition, for each facility and Department-wide, for the most recent 3-year time period.

The report shall also identify, by facility, the staff-to-patient ratios taking account of direct care staff only.

The report shall also include detailed recommended administrative actions and matters for consideration by the General Assembly.

(w) Program audit.

The Auditor General shall conduct a program audit of the Office of the Inspector General on an as-needed basis, as determined by the Auditor General.

The audit shall specifically include the Inspector General's compliance with the Act and effectiveness in investigating reports of allegations occurring in any facility or agency.

The Auditor General shall conduct the program audit according to the provisions of the Illinois State Auditing Act and shall report its findings to the General Assembly no later than January 1 following the audit period.

(x) Nothing in this Section shall be construed to mean that a patient is a victim of abuse or neglect because of health SB2809 Engrossed - 23 - LRB096 17346 KTG 32697 b care services appropriately provided or not provided by health care professionals.

(y) Nothing in this Section shall require a facility, including its employees, agents, medical staff members, and health care professionals, to provide a service to a patient in contravention of that patient's stated or implied objection to the provision of that service on the ground that that service conflicts with the patient's religious beliefs or practices, nor shall the failure to provide a service to a patient be considered abuse under this Section if the patient has objected to the provision of that service based on his or her religious beliefs or practices.

92-801,95-545, eff.

8-16-02.)8-28-07; (325 ILCS 5/3) (from Ch.

23,96-407, par.eff.

2053)8-13-09; Sec.

3.96-555, eff.

As8-18-09; used in this Act unless the context otherwise requires:

"Adultrevised resident"9-25-09.) means(Text any person 18 years of ageSection orafter olderamendment whoby residesP.A. in a Department-licensed residential care facility.

The96-339) provisionsSec. of this Act relating to child abuse or neglect also apply to an adult resident as if the adult resident were under the age of 18 years.

"Child"1-17. means any person under the age of 18 years, unless legally emancipated by reason of marriage or entry into a branch of the United States armed services.

"Department"Inspector meansGeneral. Department of Children and Family Services.

"Local(a) lawNature enforcementand agency"purpose. means the police of a city, town, village or other incorporated area or the sheriff of an unincorporated area or any sworn officer of the Illinois Department of State Police.

"AbusedIt child"is meansthe aexpress childintent whoseof parentthe orGeneral immediateAssembly familyto member,ensure orthe anyhealth, personsafety, responsibleand forfinancial thecondition child'sof welfare,individuals orreceiving anyservices individualin residingthis inState thedue sameto homemental asillness, thedevelopmental SB2809disability, -or 3both -by LRB096protecting 17346those KTGpersons 32697from bacts child,of orabuse, aneglect, paramouror ofboth theby child'sservice parent:providers.

(a)To inflicts,that causesend, tothe beOffice inflicted,of orthe allowsInspector General for the Department of Human Services is created to beinvestigate inflictedand report upon suchallegations childof physicalthe injury,abuse, byneglect, otheror thanfinancial accidentalexploitation means,of whichindividuals causesreceiving death,services disfigurement,SB2809 impairmentEngrossed of- physical24 - LRB096 17346 KTG 32697 b within mental health facilities, developmental disabilities facilities, and community agencies operated, licensed, funded, or emotionalcertified health,by the Department of Human Services or loss, but not licensed or impairmentcertified ofby any bodilyother function;State agency.

(b)It createsis aalso substantialthe riskexpress intent of physicalthe injuryGeneral Assembly to suchauthorize childthe byInspector otherGeneral thanto accidentalinvestigate meansalleged whichor wouldsuspected becases likelyof toabuse, causeneglect, death,or disfigurement,financial impairmentexploitation of physicaladults orwith emotionaldisabilities health,living orin lossdomestic orsettings impairmentin the community under the Abuse of anyAdults bodilywith function;Disabilities Intervention Act.

(c)(b) commitsDefinitions. or allows to be committed any sex offense against such child, as such sex offenses are defined in the Criminal Code of 1961, as amended, and extending those definitions of sex offenses to include children under 18 years of age;

(d)The commitsfollowing ordefinitions allowsapply to bethis committedSection: an act or acts of torture upon such child;

(e)"Agency" inflictsor excessive"community corporalagency" punishment;means (i) a community agency licensed, funded, or certified by the Department or , but not licensed or certified by any other human services agency of the State, to provide mental health service or developmental disabilities service, or (ii) a program licensed, funded, or certified by the Department or , but not licensed or certified by any other human services agency of the State, to provide mental health service or developmental disabilities service.

(f)"Aggravating commitscircumstance" ormeans allowsa tofactor bethat committedis theattendant offenseto ofa femalefinding genitaland mutilation,that astends definedto incompound Sectionor 12-34increase of the Criminalculpability Code of 1961, against the child;accused.

or"Allegation" (g)means causesan toassertion, becomplaint, sold,suspicion, transferred, distributed, or givenincident toinvolving suchany child under 18 years of age, a controlled substance as defined in Section 102 of the Illinoisfollowing Controlledconduct Substancesby Actan inemployee, violationfacility, ofor Articleagency IVagainst ofan theindividual SB2809 - 4 - LRB096 17346 KTG 32697 b Illinois Controlled Substances Act or inindividuals: violation of the Methamphetamine Control and Community Protection Act, except for controlled substances that are prescribed in accordance with Article III of the Illinois Controlled Substances Act and are dispensed to such child in a manner that substantially complies with the prescription.

Amental childabuse, shallphysical notabuse, besexual consideredabuse, abusedneglect, foror theSB2809 soleEngrossed reason- that25 the- childLRB096 has17346 beenKTG relinquished32697 inb accordancefinancial withexploitation. the Abandoned Newborn Infant Protection Act.

"Neglected"Day" child" means anyworking childday, whounless is not receiving the proper or necessary nourishment or medically indicated treatment including food or care not provided solely on the basis of the present or anticipated mental or physical impairment as determined by a physician acting alone or in consultation with other physicians or otherwise isspecified. not receiving the proper or necessary support or medical or other remedial care recognized under State law as necessary for a child's well-being, or other care necessary for his or her well-being, including adequate food, clothing and shelter;

or"Deflection" whomeans a situation in which an individual is abandonedpresented byfor hisadmission orto hera parentsfacility or otheragency, personand responsiblethe forfacility thestaff child'sor welfareagency withoutstaff ado propernot planadmit ofthe care;individual.

or"Deflection" whoincludes hastriage, beenredirection, providedand withdenial interim crisis intervention services under Section 3-5 of theadmission. Juvenile Court Act of 1987 and whose parent, guardian, or custodian refuses to permit the child to return home and no other living arrangement agreeable to the parent, guardian, or custodian can be made, and the SB2809 - 5 - LRB096 17346 KTG 32697 b parent, guardian, or custodian has not made any other appropriate living arrangement for the child;

or"Department" whomeans is a newborn infant whose blood, urine, or meconium contains any amount of a controlled substance as defined in subsection (f) of Section 102 of the IllinoisDepartment Controlled Substances Act or a metabolite thereof, with the exception of aHuman controlledServices. substance or metabolite thereof whose presence in the newborn infant is the result of medical treatment administered to the mother or the newborn infant.

A"Developmentally childdisabled" shallmeans nothaving bea considereddevelopmental neglecteddisability. for the sole reason that the child's parent or other person responsible for his or her welfare has left the child in the care of an adult relative for any period of time.

A"Developmental childdisability" shallmeans not"developmental bedisability" consideredas neglecteddefined for the sole reason that the child has been relinquished in accordance with the AbandonedMental NewbornHealth Infantand ProtectionDevelopmental Act.Disabilities Code.

A"Egregious childneglect" shallmeans nota befinding consideredof neglectedneglect oras abuseddetermined forby the soleInspector reasonGeneral that such(i) child'srepresents parenta orgross otherfailure personto responsibleadequately forprovide hisfor, or hera welfarecallused dependsindifference uponto, spiritualthe meanshealth, throughsafety, prayeror alonemedical forneeds theof treatmentan orindividual cureand of(ii) diseaseresults orin remedialan careindividual's asdeath providedor underother Sectionserious 4deterioration of thisan Act.individual's physical condition or mental condition.

A"Employee" childmeans shallany notperson bewho consideredprovides neglectedservices orat abused solely because the childfacility isor notagency attendingon-site schoolor inoff-site. accordance with the requirements of Article 26 of The School Code, as amended.

"ChildThe Protectiveservice Servicerelationship Unit"can meansbe certainwith specialized State employees of the Departmentindividual assignedor bywith the Directorfacility toor performagency. the duties and responsibilities as provided under SB2809 - 6 - LRB096 17346 KTG 32697 b Section 7.2 of this Act.

"PersonAlso, responsible"employee" forincludes any employee or contractual agent of the child'sDepartment welfare"of meansHuman Services or the child'scommunity parent;agency involved in providing or monitoring or administering SB2809 Engrossed - 26 - LRB096 17346 KTG 32697 b mental health or developmental disability services.

guardian;This includes but is not limited to:

fosterowners, parent;operators, payroll personnel, contractors, subcontractors, and volunteers.

relative"Facility" caregiver;or "State-operated facility" means a mental health facility or developmental disabilities facility operated by the Department or certified or licensed by any other State agency.

any"Financial personexploitation" responsiblemeans fortaking theunjust child'sadvantage welfareof inan aindividual's publicassets, property, or privatefinancial residentialresources agencythrough deception, intimidation, or institution;conversion for the employee's, facility's, or agency's own advantage or benefit.

any"Finding" personmeans responsible for the child'sOffice welfareof withinInspector aGeneral's publicdetermination orregarding privatewhether profitan orallegation notis forsubstantiated, profitunsubstantiated, childor careunfounded. facility;

or"Health anycare otherworker personregistry" responsible for the child's welfare at the time of the alleged abuse or neglect,"registry" ormeans any person who came to know the child through an official capacity or position of trust, including but not limited to health care professionals,worker educationalregistry personnel,created recreationalby supervisors, members of the clergy,Nursing andHome volunteersCare orAct. support personnel in any setting where children may be subject to abuse or neglect.

"Temporary"Individual" protective custody" means custodyany withinperson areceiving hospitalmental orhealth otherservice, medicaldevelopmental facilitydisabilities service, or aboth placefrom previously designated for such custody by the Department, subject to review by the Court, including a licensedfacility fosteror home,agency, groupwhile home,either on-site or otheroff-site. institution;

but"Mental suchabuse" placemeans shallthe notuse beof ademeaning, jailintimidating, or threatening words, signs, gestures, or other placeactions forby an employee about an individual and in the detentionpresence of criminalan individual or juvenileindividuals offenders.that results in emotional distress or maladaptive behavior, or could have resulted in emotional distress or maladaptive behavior, for any individual present.

"AnSB2809 unfoundedEngrossed report"- means27 any- reportLRB096 made17346 underKTG this32697 Actb for"Mental whichillness" itmeans is"mental determinedillness" afteras andefined investigationin thatthe noMental credibleHealth evidenceand ofDevelopmental abuseDisabilities orCode. neglect exists.

"An"Mentally indicatedill" report" means having a reportmental madeillness. under this Act if an investigation determines that credible evidence of the SB2809 - 7 - LRB096 17346 KTG 32697 b alleged abuse or neglect exists.

"An"Mitigating undeterminedcircumstance" report" means anya reportcondition madethat under(i) thisis Actattendant into whicha itfinding, was(ii) does not possibleexcuse toor initiatejustify orthe completeconduct anin investigationquestion, onbut (iii) may be considered in evaluating the basisseverity of informationthe providedconduct, tothe culpability of the Department.accused, or both the severity of the conduct and the culpability of the accused.

"Subject"Neglect" ofmeans report"an meansemployee's, anyagency's, childor reportedfacility's failure to theprovide centraladequate registermedical ofcare, childpersonal abusecare, or maintenance and neglectthat, establishedas undera Sectionconsequence, 7.7(i) ofcauses thisan Actindividual andpain, hisinjury, or heremotional parent,distress, guardian(ii) results in either an individual's maladaptive behavior or otherthe persondeterioration responsibleof whoan isindividual's alsophysical namedcondition inor mental condition, or (iii) places the report.individual's health or safety at substantial risk.

"Perpetrator""Physical abuse" means aan personemployee's who,non-accidental asand ainappropriate resultcontact ofwith investigation,an hasindividual beenthat determinedcauses bybodily theharm. Department to have caused child abuse or neglect.

"Member"Physical ofabuse" theincludes clergy"actions meansthat acause clergymanbodily orharm practitioneras ofa anyresult religiousof denominationan accreditedemployee bydirecting thean religiousindividual bodyor person to whichphysically heabuse oranother sheindividual. belongs.

"Recommendation" means an admonition, separate from a finding, that requires action by the facility, agency, or Department to correct a systemic issue, problem, or deficiency identified during an investigation.

SB2809 Engrossed - 28 - LRB096 17346 KTG 32697 b "Required reporter" means any employee who suspects, witnesses, or is informed of an allegation of any one or more of the following:

mental abuse, physical abuse, sexual abuse, neglect, or financial exploitation.

"Secretary" means the Chief Administrative Officer of the Department.

"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.

"Substantiated" means there is a preponderance of the evidence to support the allegation.

"Unfounded" means there is no credible evidence to support the allegation.

"Unsubstantiated" means there is credible evidence, but less than a preponderance of evidence to support the allegation.

(c) Appointment.

The Governor shall appoint, and the Senate shall confirm, an Inspector General.

The Inspector General shall be appointed for a term of 4 years and shall function within the Department of Human Services and report to the Secretary and the Governor.

(d) Operation and appropriation.

The Inspector General shall function independently within the Department with SB2809 Engrossed - 29 - LRB096 17346 KTG 32697 b respect to the operations of the Office, including the performance of investigations and issuance of findings and recommendations.

The appropriation for the Office of Inspector General shall be separate from the overall appropriation for the Department.

(e) Powers and duties.

The Inspector General shall investigate reports of suspected mental abuse, physical abuse, sexual abuse, neglect, or financial exploitation of individuals in any mental health or developmental disabilities facility or agency and shall have authority to take immediate action to prevent any one or more of the following from happening to individuals under its jurisdiction:

mental abuse, physical abuse, sexual abuse, neglect, or financial exploitation.

Investigations shall be commenced no later than 24 hours after the report is received by the Inspector General.

Upon written request of an agency of this State, the Inspector General may assist another agency of the State in investigating reports of the abuse, neglect, or abuse and neglect of persons with mental illness, persons with developmental disabilities, or persons with both.

To comply with the requirements of subsection (k) of this Section, the Inspector General shall also review all reportable deaths for which there is no allegation of abuse or neglect.

Nothing in this Section shall preempt any duties of the Medical Review Board set forth in the Mental Health and Developmental Disabilities Code.

The Inspector General shall have no authority to investigate SB2809 Engrossed - 30 - LRB096 17346 KTG 32697 b alleged violations of the State Officials and Employees Ethics Act.

Allegations of misconduct under the State Officials and Employees Ethics Act shall be referred to the Office of the Governor's Executive Inspector General for investigation.

(f) Limitations.

The Inspector General shall not conduct an investigation within an agency or facility if that investigation would be redundant to or interfere with an investigation conducted by another State agency.

The Inspector General shall have no supervision over, or involvement in, the routine programmatic, licensing, funding, or certification operations of the Department, or the functions of any other State agency.

Nothing in this subsection limits investigations by the Department that may otherwise be required by law or that may be necessary in the Department's capacity as central administrative authority responsible for the operation of the State's mental health and developmental disabilities facilities.

(g) Rulemaking authority.

The Inspector General shall promulgate rules establishing minimum requirements for reporting allegations as well as for initiating, conducting, and completing investigations based upon the nature of the allegation or allegations.

The rules shall clearly establish 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.

The rules SB2809 Engrossed - 31 - LRB096 17346 KTG 32697 b shall further clarify the method and circumstances under which the Office of Inspector General may interact with the licensing, funding, or certification units of the Department in preventing further occurrences of mental abuse, physical abuse, sexual abuse, neglect, egregious neglect, and financial exploitation.

(h) Training programs.

The Inspector General shall (i) establish a comprehensive program to ensure that every person authorized to conduct investigations receives ongoing training relative to investigation techniques, communication skills, and the appropriate means of interacting with persons receiving treatment for mental illness, developmental disability, or both mental illness and developmental disability, and (ii) establish and conduct periodic training programs for facility and agency employees concerning the prevention and reporting of any one or more of the following:

mental abuse, physical abuse, sexual abuse, neglect, egregious neglect, or financial exploitation.

Nothing in this Section shall be deemed to prevent the Office of Inspector General from conducting any other training as determined by the Inspector General to be necessary or helpful.

(i) Duty to cooperate.

(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 SB2809 Engrossed - 32 - LRB096 17346 KTG 32697 b completing any other statutorily assigned duty.

The Inspector General shall conduct unannounced site visits to each facility at least annually for the purpose of reviewing and making recommendations on systemic issues relative to preventing, reporting, investigating, and responding to all of the following:

mental abuse, physical abuse, sexual abuse, neglect, egregious neglect, or financial exploitation.

(2) Any employee who fails to cooperate with an Office of the Inspector General investigation is in violation of this Act.

Failure to cooperate with an investigation includes, but is not limited to, any one or more of the following:

(i) creating and transmitting a false report to the Office of the Inspector General hotline, (ii) providing false information to an Office of the Inspector General Investigator during an investigation, (iii) colluding with other employees to cover up evidence, (iv) colluding with other employees to provide false information to an Office of the Inspector General investigator, (v) destroying evidence, (vi) withholding evidence, or (vii) otherwise obstructing an Office of the Inspector General investigation.

Additionally, any employee who, during an 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.

(j) Subpoena powers.

The Inspector General shall have the SB2809 Engrossed - 33 - LRB096 17346 KTG 32697 b power to subpoena witnesses and compel the production of all documents and physical evidence relating to his or her investigations and any hearings authorized by this Act.

This subpoena power shall not extend to persons or documents of a labor organization or its representatives insofar as the persons are acting in a representative capacity to an employee whose conduct is the subject of an investigation or the documents relate to that representation.

Any person who otherwise fails to respond to a subpoena or who knowingly provides false information to the Office of the Inspector General by subpoena during an investigation is guilty of a Class A misdemeanor.

(k) Reporting allegations and deaths.

(1) Allegations.

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 following:

mental abuse, physical abuse, sexual abuse, neglect, or financial exploitation.

A required reporter as defined in subsection (b) of this Section who knowingly or intentionally fails to comply with these reporting SB2809 Engrossed - 34 - LRB096 17346 KTG 32697 b requirements is guilty of a Class A misdemeanor.

(2) Deaths.

Absent an allegation, a required reporter shall, within 24 hours after initial discovery, report by phone to the Office of the Inspector General hotline each of the following:

(i) Any death of an individual occurring within 14 calendar days after discharge or transfer of the individual from a residential program or facility.

(ii) Any death of an individual occurring within 24 hours after deflection from a residential program or facility.

(iii) Any other death of an individual occurring at an agency or facility or at any Department-funded site.

(3) Retaliation.

It is a violation of this Act for any employee or administrator of an agency or facility to take retaliatory action against an employee who acts in good faith in conformance with his or her duties as a required reporter.

(l) Reporting criminal acts.

Within 24 hours after determining that there is credible evidence indicating that a criminal act may have been committed or that special 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.

The Department of State Police shall investigate any report from a State-operated facility SB2809 Engrossed - 35 - LRB096 17346 KTG 32697 b indicating a possible murder, sexual assault, or other felony by an employee.

All investigations conducted by the Inspector General shall be conducted in a manner designed to ensure the preservation of evidence for possible use in a criminal prosecution.

(m) Investigative reports.

Upon completion of an investigation, the Office of Inspector General shall issue an investigative report identifying whether the allegations are substantiated, unsubstantiated, or unfounded.

Within 10 business days after the transmittal of a completed investigative report substantiating an allegation, or if a recommendation is made, the Inspector General shall provide the investigative report on the case to the Secretary and to the director of the facility or agency where any one or more of the following occurred:

mental abuse, physical abuse, sexual abuse, neglect, egregious neglect, or financial exploitation.

In a substantiated case, the investigative report shall include any mitigating or aggravating circumstances that were identified during the investigation.

If the case involves substantiated neglect, the investigative report shall also state whether egregious neglect was found.

An investigative report may also set forth recommendations.

All investigative reports prepared by the Office of the Inspector General shall be considered confidential and shall not be released except as provided by the law of this State or as required under applicable federal law.

Unsubstantiated and unfounded reports SB2809 Engrossed - 36 - LRB096 17346 KTG 32697 b shall not be disclosed except as allowed under Section 6 of the Abused and Neglected Long Term Care Facility Residents Reporting Act.

Raw data used to compile the investigative report shall not be subject to release unless required by law or a court order.

"Raw data used to compile the investigative report" includes, but is not limited to, any one or more of the following:

the initial complaint, witness statements, photographs, investigator's notes, police reports, or incident reports.

If the allegations are substantiated, the accused shall be provided with a redacted copy of the investigative report.

Death reports where there was no allegation of abuse or neglect shall only be released pursuant to applicable State or federal law or a valid court order.

(n) Written responses and reconsideration requests.

(1) Written responses.

Within 30 calendar days from receipt of a substantiated investigative report or an investigative report which contains recommendations, absent a reconsideration request, the facility or agency shall file a written response that addresses, in a concise and reasoned manner, the actions taken to:

(i) protect the individual;

(ii) prevent recurrences;

and (iii) eliminate the problems identified.

The response shall include the implementation and completion dates of such actions.

If the written response is not filed within the allotted 30 calendar day period, the Secretary shall determine the appropriate corrective action to be taken.

SB2809 Engrossed - 37 - LRB096 17346 KTG 32697 b (2) Reconsideration requests.

The facility, agency, victim or guardian, or the subject employee may request that the Office of Inspector General reconsider or clarify its finding based upon additional information.

(o) Disclosure of the finding by the Inspector General.

The Inspector General shall disclose the finding of an investigation to the following persons and entities:

(i) the Governor, (ii) the Secretary, (iii) the director of the facility or agency, (iv) the licensing entity of the facility, if any, (v) the alleged victims and their guardians, (vi) the complainant, and (vii) the accused (iv) the alleged victims and their guardians, (v) the complainant, and (vi) the accused.

This information shall include whether the allegations were deemed substantiated, unsubstantiated, or unfounded.

(p) Secretary review.

Upon review of the Inspector General's investigative report and any agency's or facility's written response, the Secretary shall accept or reject the written response and notify the Inspector General of that determination.

The Secretary may further direct that other administrative action be taken, including, but not limited to, any one or more of the following:

(i) additional site visits, (ii) training, (iii) provision of technical assistance relative to administrative needs, licensure or certification, or (iv) the imposition of appropriate sanctions.

(q) Action by facility or agency.

Within 30 days of the date the Secretary approves the written response or directs SB2809 Engrossed - 38 - LRB096 17346 KTG 32697 b that further administrative action be taken, the facility or agency shall provide an implementation report to the Inspector General and the licensing entity of the facility, if any, that provides the status of the action taken.

The facility or agency shall be allowed an additional 30 days to send notice of completion of the action or to send an updated implementation report.

If the action has not been completed within the additional 30 day period, the facility or agency shall send updated implementation reports every 60 days until completion.

The Inspector General shall conduct a review of any implementation plan that takes more than 120 days after approval to complete, and shall monitor compliance through a random review of approved written responses, which may include, but are not limited to:

(i) site visits, (ii) telephone contact, and (iii) requests for additional documentation evidencing compliance.

(r) Sanctions.

Sanctions, if imposed by the Secretary under Subdivision (p)(iv) of this Section, shall be designed to prevent further acts of mental abuse, physical abuse, sexual abuse, neglect, egregious neglect, or financial exploitation or some combination of one or more of those acts at a facility or agency, and may include any one or more of the following:

(1) Appointment of on-site monitors.

(2) Transfer or relocation of an individual or individuals.

(3) Closure of units.

SB2809 Engrossed - 39 - LRB096 17346 KTG 32697 b (4) Termination of any one or more of the following:

(i) Department licensing, (ii) funding, or (iii) certification, or (iv) licensing enforcement by the licensing entity of the facility, if any, up to and including revocation of licensure or an administrative order of closure, or both.

The Inspector General may seek the assistance of the Illinois Attorney General or the office of any State's Attorney in implementing sanctions.

(s) Health care worker registry.

(1) Reporting to the registry.

The Inspector General shall report to the Department of Public Health's health care worker registry, a public registry, MR/DD Community Care Act the identity and finding of each employee of a facility or agency against whom there is a final investigative report containing a substantiated allegation of physical or sexual abuse or egregious neglect of an individual.

MR/DD Community Care Act (2) Notice to employee.

Prior to reporting the name of an employee, the employee shall be notified of the Department's obligation to report and shall be granted an opportunity to request an administrative hearing, the sole purpose of which is to determine if the substantiated finding warrants reporting to the registry.

Notice to the employee shall contain a clear and concise statement of the grounds on which the report to the registry is based, offer SB2809 Engrossed - 40 - LRB096 17346 KTG 32697 b the employee an opportunity for a hearing, and identify the process for requesting such a hearing.

Notice is sufficient if provided by certified mail to the employee's last known address.

If the employee fails to request a hearing within 30 days from the date of the notice, the Inspector General shall report the name of the employee to the registry.

Nothing in this subdivision (s)(2) shall diminish or impair the rights of a person who is a member of a collective bargaining unit under the Illinois Public Labor Relations Act or under any other federal labor statute.

(3) Registry hearings.

If the employee requests an administrative hearing, the employee shall be granted an opportunity to appear before an administrative law judge to present reasons why the employee's name should not be reported to the registry.

The Department shall bear the burden of presenting evidence that establishes, by a preponderance of the evidence, that the substantiated finding warrants reporting to the registry.

After considering all the evidence presented, the administrative law judge shall make a recommendation to the Secretary as to whether the substantiated finding warrants reporting the name of the employee to the registry.

The Secretary shall render the final decision.

The Department and the employee shall have the right to request that the administrative law judge consider a stipulated disposition of these proceedings.

SB2809 Engrossed - 41 - LRB096 17346 KTG 32697 b (4) Testimony at registry hearings.

A person who makes a report or who investigates a report under this Act shall testify fully in any judicial proceeding resulting from such a report, as to any evidence of abuse or neglect, or the cause thereof.

No evidence shall be excluded by reason of any common law or statutory privilege relating to communications between the alleged perpetrator of abuse or neglect, or the individual alleged as the victim in the report, and the person making or investigating the report.

Testimony at hearings is exempt from the confidentiality requirements of subsection (f) of Section 10 of the Mental Health and Developmental Disabilities Confidentiality Act.

(5) Employee's rights to collateral action.

No reporting to the registry shall occur and no hearing shall be set or proceed if an employee notifies the Inspector General in writing, including any supporting documentation, that he or she is formally contesting an adverse employment action resulting from a substantiated finding by complaint filed with the Illinois Civil Service Commission, or which otherwise seeks to enforce the employee's rights pursuant to any applicable collective bargaining agreement.

If an action taken by an employer against an employee as a result of a finding of physical abuse, sexual abuse, or egregious neglect is overturned through an action filed with the Illinois Civil Service Commission or under any applicable collective bargaining SB2809 Engrossed - 42 - LRB096 17346 KTG 32697 b agreement and if that employee's name has already been sent to the registry, the employee's name shall be removed from the registry.

(6) Removal from registry.

At any time after the report to the registry, but no more than once in any 12-month period, an employee may petition the Department in writing to remove his or her name from the registry.

Upon receiving notice of such request, the Inspector General shall conduct an investigation into the petition.

Upon receipt of such request, an administrative hearing will be set by the Department.

At the hearing, the employee shall bear the burden of presenting evidence that establishes, by a preponderance of the evidence, that removal of the name from the registry is in the public interest.

The parties may jointly request that the administrative law judge consider a stipulated disposition of these proceedings.

(t) Review of Administrative Decisions.

The Department shall preserve a record of all proceedings at any formal hearing conducted by the Department involving health care worker registry hearings.

Final administrative decisions of the Department are subject to judicial review pursuant to provisions of the Administrative Review Law.

(u) Quality Care Board.

There is created, within the Office of the Inspector General, a Quality Care Board to be composed of 7 members appointed by the Governor with the advice and consent of the Senate.

One of the members shall be designated SB2809 Engrossed - 43 - LRB096 17346 KTG 32697 b as chairman by the Governor.

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 term of 2 years.

Upon the expiration of each member's term, a successor shall be appointed for a term of 4 years.

In the case of a vacancy in the office of any member, the Governor shall appoint a successor for the remainder of the unexpired term.

Members appointed by the Governor shall be qualified by professional knowledge or experience in the area of law, investigatory techniques, or in the area of care of the mentally ill or developmentally disabled.

Two members appointed by the Governor shall be persons with a disability or a parent of a person with a disability.

Members shall serve without compensation, but shall be reimbursed for expenses incurred in connection with the performance of their duties as members.

The Board shall meet quarterly, and may hold other meetings on the call of the chairman.

Four members shall constitute a quorum allowing the Board to conduct its business.

The Board may adopt rules and regulations it deems necessary to govern its own procedures.

The Board shall monitor and oversee the operations, policies, and procedures of the Inspector General to ensure the prompt and thorough investigation of allegations of neglect and abuse.

In fulfilling these responsibilities, the Board may do the following:

SB2809 Engrossed - 44 - LRB096 17346 KTG 32697 b (1) Provide independent, expert consultation to the Inspector General on policies and protocols for investigations of alleged abuse, neglect, or both abuse and neglect.

(2) Review existing regulations relating to the operation of facilities.

(3) Advise the Inspector General as to the content of training activities authorized under this Section.

(4) Recommend policies concerning methods for improving the intergovernmental relationships between the Office of the Inspector General and other State or federal offices.

(v) Annual report.

The Inspector General shall provide to the General Assembly and the Governor, no later than January 1 of each year, a summary of reports and investigations made under this Act for the prior fiscal year with respect to individuals receiving mental health or developmental disabilities services.

The report shall detail the imposition of sanctions, if any, and the final disposition of any corrective or administrative action directed by the Secretary.

The summaries shall not contain any confidential or identifying information of any individual, but shall include objective data identifying any trends in the number of reported allegations, the timeliness of the Office of the Inspector General's investigations, and their disposition, for each facility and Department-wide, for the most recent 3-year time period.

The SB2809 Engrossed - 45 - LRB096 17346 KTG 32697 b report shall also identify, by facility, the staff-to-patient ratios taking account of direct care staff only.

The report shall also include detailed recommended administrative actions and matters for consideration by the General Assembly.

(w) Program audit.

The Auditor General shall conduct a program audit of the Office of the Inspector General on an as-needed basis, as determined by the Auditor General.

The audit shall specifically include the Inspector General's compliance with the Act and effectiveness in investigating reports of allegations occurring in any facility or agency.

The Auditor General shall conduct the program audit according to the provisions of the Illinois State Auditing Act and shall report its findings to the General Assembly no later than January 1 following the audit period.

(x) Nothing in this Section shall be construed to mean that a patient is a victim of abuse or neglect because of health care services appropriately provided or not provided by health care professionals.

(y) Nothing in this Section shall require a facility, including its employees, agents, medical staff members, and health care professionals, to provide a service to a patient in contravention of that patient's stated or implied objection to the provision of that service on the ground that that service conflicts with the patient's religious beliefs or practices, nor shall the failure to provide a service to a patient be considered abuse under this Section if the patient has objected SB2809 Engrossed - 46 - LRB096 17346 KTG 32697 b to the provision of that service based on his or her religious beliefs or practices.

94-556,95-545, eff.

9-11-05;8-28-07;

95-443,96-339, eff.

1-1-08.)7-1-10; (325 ILCS 5/7.3) (from Ch.

96-407, eff.

8-13-09;

96-555, eff.

8-18-09;

revised 9-25-09.) Section 10.

The Abuse of Adults with Disabilities Intervention Act is amended by changing Section 35 as follows:

(20 ILCS 2435/35) (from Ch.

2057.3)3395-35) Sec.

7.3.35.

(a)Assessment The Department shall be the sole agency responsible for receiving and investigating reports of childreports. abuse or neglect made under this Act, including reports of adult resident abuse or neglect, except where investigations by other agencies may be required with respect to reports alleging the death of a child, serious injury to a child or sexual abuse to a child made pursuant to Sections 4.1 or 7 of this Act, and except that the Department may delegate the performance of the SB2809 - 8 - LRB096 17346 KTG 32697 b investigation to the Department of State Police, a law enforcement agency and to those private social service agencies which have been designated for this purpose by the Department prior to July 1, 1980.

(b)(a) NotwithstandingThe anyAdults otherwith provisionDisabilities ofAbuse thisProject Act,shall, theupon Departmentreceiving shalla adoptreport rulesof expresslyalleged allowingor law enforcement personnel to investigate reports of suspected childabuse, abuseneglect, or neglectexploitation concurrentlyobtain with the Department,consent withoutof regardthe tosubject whetherof the Department determines a report to beconduct "indicated"an orassessment "unfounded"with orrespect deems a report to bethe "undetermined".report.

The assessment shall include, but not be limited to, a face-to-face interview with the adult with disabilities who is the subject of the report and may include a visit to the residence of the adult with disabilities, and interviews or consultations with service agencies or individuals who may have knowledge of the circumstances of the adult with disabilities.

A determination shall be made whether each report is substantiated.

If the Office of Inspector General determines that there is clear and substantial risk of death or great bodily harm, it shall immediately secure or provide emergency protective services for purposes of preventing further abuse, neglect, or exploitation, and for safeguarding the welfare of the person.

SB2809 Engrossed - 47 - LRB096 17346 KTG 32697 b Such services must be provided in the least restrictive environment commensurate with the adult with disabilities' needs.

(a-1) The Adults with Disabilities Abuse Project shall, upon receiving a report of alleged or suspected abuse, neglect, or financial exploitation, initiate the investigation within 24 hours of receiving the report.

(a-5) The Adults with Disabilities Abuse Project shall initiate an assessment of all reports of alleged or suspected abuse or neglect within 7 days after receipt of the report, except reports of abuse or neglect that indicate that the life or safety of an adult with disabilities is in imminent danger shall be assessed within 24 hours after receipt of the report.

Reports of exploitation shall be assessed within 30 days after the receipt of the report.

(b) (Blank).

(c) The Department shall effect written interagency agreements with other State departments and any other public and private agencies to coordinate and cooperate in the handling of substantiated cases;

to accept and manage substantiated cases on a priority basis;

and to waive eligibility requirements for the adult with disabilities in an emergency.

(d) Every effort shall be made by the Adults with Disabilities Abuse Project to coordinate and cooperate with public and private agencies to ensure the provision of services SB2809 Engrossed - 48 - LRB096 17346 KTG 32697 b necessary to eliminate further abuse, neglect, and exploitation of the adult with disabilities who is the subject of the report.

The Office of Inspector General shall promulgate rules and regulations to ensure the effective implementation of the Adults with Disabilities Abuse Project statewide.

(e) When the Adults with Disabilities Abuse Project determines that a case is substantiated, it shall refer the case to the appropriate office within the Department of Human Services to develop, with the consent of and in consultation with the adult with disabilities, a service plan for the adult with disabilities.

(f) The Adults with Disabilities Abuse Project shall refer reports of alleged or suspected abuse, neglect, or exploitation to another State agency when that agency has a statutory obligation to investigate such reports.

(g) If the Adults with Disabilities Abuse Project has reason to believe that a crime has been committed, the incident shall be reported to the appropriate law enforcement agency.

95-57,91-671, eff.

8-10-07.)7-1-00.) Section 15.

The Abused and Neglected Child Reporting Act is amended by adding Section 4.4a as follows:

(325 ILCS 5/4.4a new) Sec.

4.4a.

DCFS duty to report to DHS' Office of Inspector SB2809 Engrossed - 49 - LRB096 17346 KTG 32697 b General.

Whenever the Department receives, by means of its statewide toll-free telephone number established under Section 7.6 for the purpose of reporting suspected child abuse or neglect or by any other means or from any mandated reporter under Section 4, a report of suspected abuse, neglect, or financial exploitation of a disabled adult person between the ages of 18 and 59, the Department shall instruct the reporter to contact the Department of Human Services' Office of the Inspector General and shall provide the reporter with the statewide, 24-hour toll-free telephone number established and maintained by the Department of Human Services' Office of the Inspector General.

Section 95.

No acceleration or delay.

Where this Act makes changes in a statute that is represented in this Act by text that is not yet or no longer in effect (for example, a Section represented by multiple versions), the use of that text does not accelerate or delay the taking effect of (i) the changes made by this Act or (ii) provisions derived from any other Public Act.