Current through Register Vol. 48, No. 38, September 20, 2024
a) An APS provider agency designated
to receive reports of alleged or suspected abuse, neglect, financial
exploitation, or self-neglect under the Act shall conduct a face-to-face
assessment with respect to such report. The assessment shall include, but not
be limited to, a visit to the residence of the alleged victim
who is the subject of the report and shall include interviews or
consultation regarding the allegations with service agencies, immediate family
members, and individuals who may have knowledge of the alleged
victim's circumstances based on the consent of the eligible adult in
all instances, except when the provider agency is acting in the best interest
of an eligible adult who is unable to seek assistance for himself or herself
and when there are allegations against a caregiver who has assumed
responsibilities in exchange for compensation. [320
ILCS 20/5(a)]
b) A decision on the merits of each report
must be made according to the following:
1)
Verified: When clear and convincing evidence results in a determination that
the specific injury or harm alleged was the result of abuse, neglect or
financial exploitation.
2) Some
Indication: When the preponderance of the evidence suggests some indication
that abuse, neglect, financial exploitation, or self-neglect has
occurred.
3) No Indication: When
there is a lack of credible evidence indicating that abuse, neglect, financial
exploitation, or self-neglect has occurred.
4) Unable to Verify: This determination is
used when the report does not meet the eligibility criteria of the program, the
APS provider agency is unable to locate the alleged victim, the APS provider
agency staff has been unable to gain access to the alleged victim, or the
alleged victim refuses the assessment.
c) Each report has to be either
substantiated, unsubstantiated or unable to substantiate, as follows:
1) Substantiated: When one or more of the
alleged types of abuse, neglect, financial exploitation, or self-neglect was
classified as either "verified" or "some indication".
2) Unsubstantiated: When all of the alleged
types of abuse, neglect, financial exploitation, or self-neglect were
determined to lack credible evidence that indicated abuse, neglect, financial
exploitation, or self-neglect.
3)
Unable to substantiate: When the APS provider agency lacked jurisdiction; was
unable to locate the alleged victim; was unable to access the alleged victim;
the alleged victim was ineligible for services; the alleged victim refused to
cooperate; or the alleged victim was deceased.
d) If, after the assessment, the APS provider
agency determines that the case is substantiated and the victim has consented
to services, it shall develop a service care plan for the eligible
adult.
e) The APS provider agency
shall prepare a confidential case record to document each report of abuse,
neglect, financial exploitation, or self-neglect to include the following
information when available and applicable to the case:
1) essential client information, such as
name, address, age and phone number;
2) descriptions of the reported, suspected or
alleged abuse, neglect, financial exploitation, or self-neglect;
3) investigative reports;
4) injury location charts;
5) records of financial
transactions;
6) summaries of
conversations and communications with the eligible adult, the alleged or
suspected abuser, and other sources of information;
7) information relating to the mental
competency of the eligible adult;
8) information on the assessment of the
eligible adult, including medical or psychiatric reports;
9) summaries of the substantiation
decision;
10) summaries of services
or interventions offered or arranged;
11) reports on the termination, resolution or
closure of the case;
12) referrals
to law enforcement, coroners or medical examiners;
13) notification to the probate court of a
substantiated finding of abuse, neglect, or financial exploitation by a
guardian; and
14) suspicious death
reports and any follow-up documentation.
f) An APS provider agency shall prepare a
final investigative report, upon the completion or closure of an investigation,
in all cases of reported abuse, neglect, financial exploitation, or
self-neglect of an eligible adult, whether or not there is a substantiated
finding.
