Current through Public Act 103-1052
Section 320 ILCS 20/5.1 - [Effective 1/1/2025] Procedure for self-neglect(a) A provider agency, upon receiving a report of self-neglect, shall conduct no less than 2 unannounced face-to-face visits at the residence of the eligible adult to administer, upon consent, the eligibility screening. The eligibility screening is intended to quickly determine if the eligible adult is posing a substantial threat to themselves or others. A full assessment phase shall not be completed for self-neglect cases, and with individual consent, verified self-neglect cases shall immediately enter the casework phase to begin service referrals to mitigate risk unless self-neglect occurs concurrently with another reported abuse type (abuse, neglect, or exploitation), a full assessment shall occur.(b) The eligibility screening shall include, but is not limited to:(1) an interview with the eligible adult;(2) with eligible adult consent, interviews or consultations regarding the allegations with immediate family members, and other individuals who may have knowledge of the eligible adult's circumstances; and(3) an inquiry of active service providers engaged with the eligible adult who are providing services that are mitigating the risk identified on the intake. These services providers may be, but are not limited to:(i) Managed care organizations.(ii) Case coordination units.(iii) The Department of Human Services' Division of Rehabilitation Services.(iv) The Department of Human Services' Division of Developmental Disabilities.(v) The Department of Human Services' Division of Mental Health.(c) During the visit, a provider agency shall obtain the consent of the eligible adult before initiating the eligibility screening. If the eligible adult cannot consent and no surrogate decision maker is established, and where the provider agency is acting in the best interest of an eligible adult who is unable to seek assistance for themselves, the provider agency shall conduct the eligibility screening as described in subsection (b).(d) When the eligibility screening indicates that the individual is experiencing self-neglect, the provider agency shall within 10 business days and with client consent, develop an initial case plan.(e) In developing a case plan, the provider agency shall consult with any other appropriate provider of services to ensure no duplications of services. Such providers shall be immune from civil or criminal liability on account of such acts except for intentional, willful, or wanton misconduct.(f) The case plan shall be client directed and include recommended services which are appropriate to the needs and wishes of the individual, and which involve the least restriction of the individual's activities commensurate with the individual's needs.(g) Only those services to which consent is provided in accordance with Section 9 of this Act shall be provided, contingent upon the availability of such services.Added by P.A. 103-0626,§ 10, eff. 1/1/2025.