Current through Register Vol. 47, No. 52, December 29, 2023
a) Availability of OIG
OIG shall be available 24 hours a day to assess reports of
allegations of abuse, neglect, Financial Exploitation, or the death of an
individual and provide any technical assistance with making the
report.
b) Responsibility of
OIG for receiving the report
OIG staff receiving the report of the allegation are
responsible for assessing, based on the information received at intake, whether
the allegation could constitute abuse, neglect, or Financial Exploitation and
whether OIG has the authority to investigate in accordance with the Act. Absent
extenuating circumstances, OIG shall make these assessments within one day
after receiving the report.
c) Reports involving routine programmatic,
licensure or certification matters
1) OIG
shall have no supervision over or involvement in routine programmatic,
licensure, or certification operations of the Department. (Section 1-17(f) of
the Act)
2) If the reported
allegation relates to licensure or certification standards or Routine
Programmatic Operations and is deemed not to be abuse, neglect, or Financial
Exploitation, OIG shall refer the allegation to the appropriate agency or unit
of government.
d)
Investigations by two or more State agencies
When two or more State agencies could investigate an allegation
of abuse or neglect at a Community Agency or facility, OIG shall not conduct an
investigation that is redundant to an investigation conducted by another State
agency (see Section 1-17(f) of the Act) unless requested in writing by another
State agency in accordance with Section 1-17(e) of the Act.
e) Referrals to the Illinois State
Police/Local Law Enforcement
In certain instances, it is appropriate or required for OIG to
refer allegations to other entities.
1) Section 1-17(l) of the Act requires OIG to
refer an allegation to the Illinois State Police or ensure that notification is
made to the respective local law enforcement entity for investigation within 24
hours after determining that there is Credible Evidence indicating that a
criminal act may have been committed in connection with an allegation of abuse,
neglect, Financial Exploitation, or death of an individual served by a facility
or agency.
2) When an allegation
concerns the actions of a Community Agency or facility employee, but the
described conduct does not rise to the level of a reportable offense (e.g., an
allegation that an employee was late to work), where appropriate, OIG shall
forward the allegation to the appropriate Authorized Representative.
3) When an allegation does not concern the
actions of either a Community Agency or facility employee, the intake
investigator shall transfer or refer the caller to the appropriate local,
State, or federal agency or organization, as appropriate.
4) When OIG has jurisdiction over an
allegation, it may make a Referral of that allegation to the involved facility
or agency where, among other factors:
A) The
primary facts relevant to the allegation have already been identified and
additional investigative work by OIG would be of minimal value;
B) The agency or facility is better
positioned to immediately address the allegation;
C) The allegation, if true, would be unlikely
to result in a report to the Registry (e.g., Mental Abuse, non-egregious
neglect); or
D) The allegation does
not indicate an emergency situation or that an individual is in Imminent
Danger.
f)
Authorized Representative
If the allegation of abuse, neglect, or Financial Exploitation
is within the jurisdiction of OIG, the Authorized Representative of the
involved Community Agency or facility or their designee shall:
1) Ensure the immediate health and safety of
involved individuals and employees, including ordering medical examinations and
healthcare, when applicable, and immediately contacting victim services, when
applicable (a listing of victim services is available by contacting the OIG
Hotline); and
2) Remove accused
employees from having contact with individuals at the facility or agency when
there is Credible Evidence supporting the allegation of abuse, pending the
outcome of any further investigation, prosecution, or disciplinary action
against the employee or until OIG independently determines that the allegation
against the employee will be unsubstantiated or unfounded in OIG's Final
Investigative Report (see
405 ILCS
5/3-210 ); and
3) Ensure OIG is notified; and
4) Unless otherwise directed by OIG, initiate
the preliminary steps of the investigation by a Section
50.30(f)
-trained OIG Liaison. This may include the need to:
A) Secure the scene of the incident and
preserve evidence, if applicable;
B) Identify and separate potential witnesses,
and take statements when applicable;
C) Identify and record the names of all
persons at the scene at the time of the incident and, when relevant, those who
had entered the scene prior to the scene being secured;
D) Secure all relevant documents and physical
evidence, such as clothing, if applicable; and
E) Photograph the scene of the incident and
the individual's injury, when applicable.
g) OIG may determine what further action, if
any, is necessary to protect the safety of any individual, secure the scene of
the alleged incident, preserve the evidence, and maintain the integrity of the
investigation. Such action may include immediate emergency referrals (such as
medical or housing services), the notification of law enforcement officials,
requesting hospital services or contacting the Department or other State
agencies for assistance.
Amended at 34 Ill. Reg. 5239, effective March 25,
2010
Amended at
38
Ill. Reg. 19152, effective
9/10/2014
Amended at
47
Ill. Reg. 5663, effective
4/4/2023
