Friday, May 30, 2014

320 ILCS 20/ Adult Protective Services Act. - Illinois Compiled Statutes

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(320 ILCS 20/) Adult Protective Services Act.

    (320 ILCS 20/1) (from Ch. 23, par. 6601) 
    Sec. 1. Short title. This Act shall be known and may be cited as the Adult Protective Services Act. 
(Source: P.A. 98-49, eff. 7-1-13.)

    (320 ILCS 20/2) (from Ch. 23, par. 6602) 
    (Text of Section from P.A. 98-49)
    Sec. 2. Definitions. As used in this Act, unless the context requires otherwise: 
    (a) "Abuse" means causing any physical, mental or sexual injury to an eligible adult, including exploitation of such adult's financial resources. 
    Nothing in this Act shall be construed to mean that an eligible adult is a victim of abuse, neglect, or self-neglect for the sole reason that he or she is being furnished with or relies upon treatment by spiritual means through prayer alone, in accordance with the tenets and practices of a recognized church or religious denomination. 
    Nothing in this Act shall be construed to mean that an eligible adult is a victim of abuse because of health care services provided or not provided by licensed health care professionals. 
    (a-5) "Abuser" means a person who abuses, neglects, or financially exploits an eligible adult. 
    (a-6) "Adult with disabilities" means a person aged 18 through 59 who resides in a domestic living situation and whose disability impairs his or her ability to seek or obtain protection from abuse, neglect, or exploitation. 
    (a-7) "Caregiver" means a person who either as a result of a family relationship, voluntarily, or in exchange for compensation has assumed responsibility for all or a portion of the care of an eligible adult who needs assistance with activities of daily living. 
    (b) "Department" means the Department on Aging of the State of Illinois. 
    (c) "Director" means the Director of the Department. 
    (c-5) "Disability" means a physical or mental disability, including, but not limited to, a developmental disability, an intellectual disability, a mental illness as defined under the Mental Health and Developmental Disabilities Code, or dementia as defined under the Alzheimer's Disease Assistance Act. 
    (d) "Domestic living situation" means a residence where the eligible adult at the time of the report lives alone or with his or her family or a caregiver, or others, or other community-based unlicensed facility, but is not: 
        (1) A licensed facility as defined in Section 1-113
    
of the Nursing Home Care Act;
        (1.5) A facility licensed under the ID/DD Community
    
Care Act;
        (1.7) A facility licensed under the Specialized
    
Mental Health Rehabilitation Act;
        (2) A "life care facility" as defined in the Life
    
Care Facilities Act;
        (3) A home, institution, or other place operated by
    
the federal government or agency thereof or by the State of Illinois;
        (4) A hospital, sanitarium, or other institution, the
    
principal activity or business of which is the diagnosis, care, and treatment of human illness through the maintenance and operation of organized facilities therefor, which is required to be licensed under the Hospital Licensing Act;
        (5) A "community living facility" as defined in the
    
Community Living Facilities Licensing Act;
        (6) (Blank); 
        (7) A "community-integrated living arrangement" as
    
defined in the Community-Integrated Living Arrangements Licensure and Certification Act or a "community residential alternative" as licensed under that Act;
        (8) An assisted living or shared housing
    
establishment as defined in the Assisted Living and Shared Housing Act; or




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        (9) A supportive living facility as described in
    
Section 5-5.01a of the Illinois Public Aid Code.

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