Current through Register Vol. 48, No. 38, September 20, 2024
a) The
Adult Protective Services Act provides that the identity of any person making a
report of alleged or suspected abuse, abandonment, neglect, financial
exploitation, or self-neglect may be disclosed only with that person's written
consent or by court order.
b)
All records concerning reports of abuse, neglect, financial
exploitation, or self-neglect or reports of suspicious deaths due to abuse,
abandonment, neglect, or financial exploitation and all records generated as a
result of those reports, including, but not limited to, referrals and
intervention services, shall be confidential and shall not be disclosed
except as specifically authorized by the Act or other applicable law
until the investigation is complete [320 ILCS 20/8
].
d)
Access to such records, but not
access to the identity of the person or persons making a report of alleged
abuse, abandonment, neglect, financial exploitation, or self-neglect as
contained in such records, shall be allowed to the following persons and for
the following persons:
1)
Department staff, APS provider agency staff, other aging network staff,
and regional administrative agency staff, including staff of the Chicago
Department on Aging while that agency is designated as a regional
administrative agency, in the furtherance of their responsibilities under the
Act;
2)
A
representative of the public guardian acting in the course of investigating the
appropriateness of guardianship for the eligible adult or while pursuing a
petition for guardianship of the eligible adult pursuant to the Probate Act of
1975 [755 ILCS 5];
3)
A law enforcement agency or State's
Attorney's office investigating a known or suspected case of
abuse, abandonment, neglect, financial exploitation, or self-neglect. When a
provider agency has reason to believe that the death of an eligible adult may
be the result of abuse or neglect, including any reports made after death, the
agency shall immediately provide the appropriate law enforcement agency with
all records pertaining to the eligible adult;
4)
A law enforcement agency, fire
department agency or fire protection district having proper jurisdiction
pursuant to a written agreement with an APS provider agency under which the
agency may furnish to the law enforcement agency, fire department agency, or
fire protection district a list of all eligible adults who may be at imminent
risk of abuse, abandonment, neglect, financial exploitation, or
self-neglect;
5)
A
physician who has before him or her or who is involved in the treatment of an
eligible adult whom he or she reasonably suspects may be abused, neglected,
financially exploited or self-neglected or who has been referred to the Adult
Protective Services Program;
6)
An eligible adult reported to be
abused, abandoned, neglected, financially exploited or self-neglected
who completes an authorization for release of records or to that
adult's legal guardian or agent who has current authority to act on
behalf of the eligible adult and a complete authorization for release of
records is submitted, unless the guardian or agent is the
substantiated abuser or is the alleged abuser in an open
case;
7)
An executor or administrator of the estate of an eligible adult who is
deceased when relevant to administration of the estate and a complete
authorization for release of records is submitted;
8)
A probate court with jurisdiction
over the guardianship of an alleged victim for an in camera
inspection;
9)
A
guardian ad litem, unless such guardian ad litem is the abuser or alleged
abuser;
10)
A
grand jury, upon its determination that access to such records is necessary for
conduct of its official business;
11)
Any person authorized by the
Director, in writing, for audit, program monitoring or bona
fide research purposes;
12)
A coroner or medical examiner who
has reason to believe that an eligible adult has died as the result of abuse,
abandonment, neglect, financial exploitation, or self-neglect. The APS provider
agency shall immediately provide the coroner or medical examiner with all
records pertaining to the eligible adult;
13)
A coroner or medical examiner
having proper jurisdiction, pursuant to a written agreement between an APS
provider agency and the coroner or medical examiner, under which the APS
provider agency may furnish to the office of the coroner or medical examiner a
list of all eligible adults who may be at imminent risk of death as a result of
abuse, neglect, financial exploitation or self-neglect;
14)
Department of Financial and
Professional Regulation staff and members of the Illinois Medical Disciplinary
Board or the Social Work Examining and Disciplinary Board in the course of
investigating alleged violations of the Clinical Social Work and Social Work
Practice Act [225 ILCS 20] by APS provider agency staff or
other licensing bodies at the discretion of the Director of the Department on
Aging;
15)
Department of Healthcare and Family Services staff and its
vendors when that Department is funding services to the eligible adult,
including being given access to the identity of the eligible
adult;
16)
Department of Human Services staff and its vendors
when that Department is funding services to the eligible adult or is
providing reimbursement for services provided by the abuser or alleged abuser,
including being given access to the identity of the eligible
adult;
17)
Hearing
officers in the course of conducting an administrative hearing under
the Act;
18)
A caregiver who challenges placement on the Adult Protective Services
Registry shall be given the statement of allegation in the abuse report and the
substantiation decision in the final investigative report;
and
19)
The Illinois
Guardianship and Advocacy Commission and the agency designated by the Governor
under Section 1 of the Protection and Advocacy for Persons with Developmental
Disabilities Act [405 ILCS 40] shall have access, through the
Department, to records, including the findings, pertaining to a completed or
closed investigation of a report of suspected abuse, abandonment, neglect,
financial exploitation or self-neglect of an eligible adult.
[320 ILCS
20/8]
e) An authorization for release of records by
the Department or the APS provider agencies must be legally sufficient and
include:
1) supporting documentation of the
agency or guardianship evidencing current authority and the extent of the
authority to act on behalf of the eligible adult or the adult's estate;
and
2) a sworn statement as to the
purpose of the request and its relevance to representing the interests of the
eligible adult or the adult's estate.
