Illinois Administrative Code
Title 59 - MENTAL HEALTH
Part 50 - OFFICE OF INSPECTOR GENERAL INVESTIGATIONS OF ALLEGED ABUSE, NEGLECT, OR FINANCIAL EXPLOITATION IN STATE-OPERATED FACILITIES AND COMMUNITY AGENCIES
Section 50.60 - OIG Procedures for Investigative Reports, Referrals, Reconsideration, and Clarification Requests
Universal Citation: 59 IL Admin Code ยง 50.60
Current through Register Vol. 48, No. 12, March 22, 2024
a) Processing Investigative Reports
1) When OIG determines that abuse, neglect,
or Financial Exploitation of an individual is substantiated against an
employee, OIG shall note in the investigative report any Aggravating or
Mitigating Circumstances as those terms are defined in this Part.
2) When OIG substantiates neglect against an
employee, OIG shall make a determination in the investigative report if the
neglect is egregious, as defined herein.
3) Finalizing Investigative Reports and
Notifications to Community Agencies and Facilities
A) After determining the finding, for
substantiated cases and unsubstantiated cases, as well as any case containing
an OIG recommendation, OIG shall notify the Authorized Representative of the
Community Agency or facility by submitting a copy of the investigative report
to them. The Authorized Representative shall be responsible for maintaining the
confidentiality of the investigative report consistent with State and federal
law. For unfounded cases without recommendations, a letter of finding will be
sent to the facility or agency.
B)
The Community Agency or facility shall submit a written response when required
as described in Section
50.80.
4) After OIG completes its investigative
report, OIG shall notify, in addition to the facility or agency, the following
parties of its finding:
A) the
complainant;
B) the individual who
was allegedly abused, neglected, or financially exploited or their legal
guardian (if applicable); and
C)
the person(s) alleged to have committed the offense.
5) The notice provided to the following
parties shall identify the outcome of the investigation and include a statement
of the right to request clarification or reconsideration of the finding:
A) the individual who was allegedly abused,
neglected, or financially exploited or their legal guardian (if
applicable);
B) the person(s)
alleged to have committed the offense; and
C) the facility or
agency.
6) In
substantiated cases, OIG shall provide the perpetrator and the victim or
guardian with a redacted copy of the investigative report.
b) Referrals
With respect to allegations within OIG's jurisdiction that OIG refers to a Community Agency or facility, after the Community Agency or facility has completed its inquiry, the agency or facility shall notify the following parties of the outcome:
1)
the complainant;
2) the individual
who was allegedly abused, neglected, or financially exploited, or their legal
guardian (if applicable); and
3)
the person(s) alleged to have committed the offense.
c) Reconsideration and clarification requirements
Requests that OIG either clarify or reconsider its findings or recommendations must be submitted within 15 calendar days after receipt of the report or notification of the findings and/or recommendations.
1) All clarification and reconsideration
requests must be in writing.
2)
Community Agency or facility clarification and reconsideration requests must be
on letterhead signed by the Authorized Representative.
3) All clarification and reconsideration
requests must clearly identify the nature of the request and reconsideration
requests must clearly indicate the specific findings and/or specific
recommendations to be considered.
4) Reconsideration requests shall be subject
to a multi-layer review and shall include at least one reviewer who did not
participate in the investigation or approval of the original investigative
report.
5) If a reconsideration
request is denied or after clarification has been provided, the Community
Agency or facility shall submit a written response as set forth in Section
50.80.
6) If OIG determines further
investigation is necessary based on the request for reconsideration or
clarification of the findings, the investigation shall be reopened and an
amended investigative report shall be issued.
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