Ill. Admin. Code tit. 89, § 270.260 - Authority to Consent and Court Petitions
a) The APS provider agency shall conduct an
initial interview of the alleged victim to determine:
1) the level of risk to the alleged
victim;
2) the need for early
intervention services in order to assure safety and welfare or otherwise reduce
risk to the alleged victim; and
3)
the alleged victim's decisional capacity to consent to an assessment and/or
services.
b) If it
reasonably appears to the APS provider agency at the initial interview that the
alleged victim has decisional capacity, the APS provider agency will conduct an
assessment of the reported incident of suspected abuse, neglect, financial
exploitation or self-neglect in accordance with Section
270.250, put
Early Intervention Services in place as needed under Section
270.265,
and provide other services as appropriate in completing case work, follow-up,
referral to law enforcement, and case closure under Section
270.255.
1)
If the alleged victim
consents to services being provided according to the case plan, such
services shall be arranged to meet the adult's needs, based upon the
availability of resources to provide such services.
2)
If an adult withdraws his or her
consent for an assessment of the reported incident or withdraws his or her
consent for services and refuses to accept such services, the services shall
not be provided. [320 ILCS
20/9(a) ]
c)
An alleged victim
"lacks the capacity to consent" if qualified staff of an agency
designated under the Act reasonably determine, that he or she
appears either unable to receive and evaluate information related to the
assessment or services or unable to communicate in any manner decisions related
to the assessment of the reported incident or services. [320 ILCS
20/9 (d-5)]
d) If it reasonably appears to the APS
provider agency at the initial interview that the alleged victim lacks
decisional capacity, and there is no threat of ongoing harm or another
emergency that exists, the APS provider agency will continue to intervene in
order to determine if the alleged victim has a guardian or agent under an
advance directive with authority to act on his or her behalf for consenting to
an assessment and/or services.
1) Upon
consent by the guardian or agent under an advance directive, services will be
provided according to the case plan and shall be arranged to meet the alleged
victim's needs, based upon the availability of resources to provide those
services.
2) If the alleged victim
either does not have a guardian or agent or the guardian or agent lacks
authority to act, the APS provider agency shall have authority to:
A) contact an immediate family member, other
relative, close personal friend of the alleged victim, or other person
identified by the alleged victim as being involved with his or her care, to
petition the court for that individual's appointment as a guardian in
accordance with Article XIa of the Probate Act of 1975 [755
ILCS 5 /Art. XIa] for the purpose of consenting to an
assessment of the reported incident and services, together with an
order for an evaluation of the alleged victim's decisional
capacity and his or her physical, psychological, and medical
condition; or
B) seek the
appointment of a temporary guardian as provided in Article XIa of the
Probate Act of 1975 for the purpose of consenting to an assessment of the
reported incident and services, together with an order for an evaluation of
the alleged victim's decisional capacity and his or her
physical, psychological and medical condition. [320 ILCS
20/9(b) ]
3) If the APS provider agency seeks the
appointment of a guardian pursuant to Article XIa of the Probate Act of 1975,
the APS provider agency, through its attorney, shall notify the nearest
relatives of the disabled person not less than 14 days prior to the scheduled
hearing, as provided by Sections 11a-8 and 11a-10(f) of the Probate Act of
1975.
4)
If a guardian or
agent is the suspected abuser and he or she withdraws consent for the
assessment of the reported incident, or refuses to allow services to be
provided to the alleged victim, the APS provider agency, or
the Office of the Attorney General may request a court order seeking
appropriate remedies, and may, in addition request removal of the guardian and
appointment of a successor guardian or request removal of the agent and
appointment of a guardian. [320 ILCS
20/9(c) ]
e) If it reasonably appears to the APS
provider agency at the initial interview that the alleged victim lacks
decisional capacity, and there is ongoing harm, a threat of ongoing harm or
another emergency that exists, the APS provider agency
may:
1) take appropriate action
necessary to ameliorate the risk by consulting with any other appropriate
professional and/or provider of services, through charitable and community
assistance, disability agencies, private means, or public benefit programs, to
meet identified needs, stabilize the abusive situation and reduce the risk of
further harm, such as:
A) seeking assistance
of law enforcement to gain access to the alleged victim;
B) obtaining emergency medical
care;
C) petitioning for Orders of
Protection, Restraining Orders, or orders freezing assets;
D) purchasing early intervention services
under Section 270.265; and
E)
applying for appointment of a representative payee; and/or
2)
request an ex parte order from the
circuit court of the county in which the petitioner or respondent resides or in
which the alleged abuse, neglect, financial exploitation or self-neglect
occurred, authorizing an assessment of a report of alleged or suspected abuse,
neglect, financial exploitation or self-neglect or the provision of necessary
services, or both, including relief available under the Illinois Domestic
Violence Act of 1986 [750 ILCS 60 ]. [320 ILCS
20/9(d) ]
f)
Within 15 days after the entry of
the ex parte emergency order, the order shall expire, or, if the need for
assessment of the reported incident or services continues, the APS provider
agency shall petition for the appointment of a guardian as provided in Article
XIa of the Probate Act of 1975 for the purpose of consenting to such assessment
or services or to protect the alleged victim from further
harm. [320 ILCS
20/9(e) ]
g) In accordance with subsections (d) and
(e), if the APS provider agency has substantiated financial
exploitation against an alleged victim, and has documented a
reasonable belief that the alleged victim will be irreparably
harmed as a result of the financial exploitation, the Office of the Attorney
General or the APS provider agency may petition for an order freezing the
assets of the alleged victim. The petition shall be filed in
the county or counties in which the assets are located. [320
ILCS 20/13(d) ]
Notes
Amended at 26 Ill. Reg. 3964, effective March 15, 2002
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.