Ill. Admin. Code tit. 89 § 270.250

Current through Register Vol. 48, No. 50, December 13, 2024

Section 270.250 - Minimum Assessment and Classification Standards

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.

Ill. Admin. Code tit. 89, § 270.250

Amended at 26 Ill. Reg. 3964, effective March 15, 2002

Amended at 39 Ill. Reg. 2156, effective 1/23/2015

Amended at 42 Ill. Reg. 9226, effective 7/1/2018

Amended at 44 Ill. Reg. 6010, effective 4/3/2020