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A competent adult may refuse an assessment and may refuse all services and interventions. It is called the adult’s right to self- determination. In practice, it is rare for an adult to refuse an assessment, and 70 percent of the adults whose abuse is substantiated consent to further services.
Where an adult has dementia or another form of cognitive impairment, the Adult Protective Services Program works to assess the situation and to provide services as needed. In some cases, the Adult Protective Services Agency petitions the court for guardianship in order to ensure that the individual’s needs are met. Guardianship and nursing home placement are always the last resort.
Physicians,hospital staff, dentists, chiropractors, coroners, social workers, registered nurses and law enforcement officers are some of the professionals who are mandated to report the suspicion of abuse or neglect of a resident in a licensed nursing facility.
Reports are to be made to the Illinois Department of Public Health’s Nursing Home Hotline:
The reporter is encouraged to contact the Illinois Long- Term Care Ombudsman Program for information on how to make an effective abuse or neglect complaint to the Nursing Home Hotline, how to interpret the findings of a report, how to appeal the findings and how to get other needed services for the alleged victim in the long-term care facility setting. The Ombudsman Program is a resident advocacy program and will work with the resident and his or her family to obtain the services desired from the facility or establishment. An Ombudsman contact list can be downloaded from the Illinois Department on Aging’s Web site at www.state.il.us/aging/1directory/ombudsmen. pdf or by contacting the
IDoA Senior Helpline at 1-800-252-8966; 1-888-206-1327 (TTY).
Some adults lack the capacity to care for themselves and may suffer health and other consequences that bring them to the attention of the community. These adults should be reported to the Adult Protective Services Hotline or to a local Adult Protective Services Agency for appropriate action.
NOTE: Public Act 94-1064, which amended the Elder Abuse and Neglect Act, added “self neglect” to the Adult Protective Services Program when sufficient funding is available to implement this addition to the program statewide. Sufficient funding has not yet been appropriated. Currently, reports of “self-neglect” of adults are referred to other appropriate agencies. Self-neglect means a condition that is the result of an adult’s inability, due to physical or mental impairments, or both, or a diminished capacity, to perform essential self-care tasks that substantially threaten his or her own health, including: providing essential food, clothing, shelter, and health care; and obtaining goods and services necessary to maintain physical health, mental health, emotional well-being, and general safety.
When an adult, who because of a disability or other condition or impairment is unable to seek assistance, professionals and state employees must report, within 24 hours, any suspected abuse, neglect or financial exploitation to the Department on Aging’s Adult Protective Services Program. The requirement to report includes any time a mandated reporter is engaged in carrying out his or her professional duties.
Everyone is encouraged, even when not required, to report any suspected abuse, neglect or exploitation of an adult with a disability age 18-59 or a person 60 years of age or older. The voluntary reports are handled in the same way as mandatory reports.
A physical or mental condition that would render an adult unable to seek help for himself or herself, might include dementia, paralysis, speech disorders, being confined to bed and unable to reach or use a telephone, etc. It is up to the professional person’s judgment as to whether an adult is able to self-report. The following questions may help the reporter determine if an individual has the mental capacity to self-report:
Does the individual understand the facts of the situation?
Does the individual express a free choice about his or her situation?
Does the individual understand the risks and benefits of that choice?
If a reporter is unsure whether an adult is able to self-report, but suspects that the adult is being abused, neglected or exploited, the Department on Aging encourages the reporter to voluntarily report the situation to the Adult Protective Services Program
Certain professionals are required by law to report suspected abuse. This law applies to persons delivering professional services to older persons in the following fields:
State Service to Seniors
Because of the confidentiality restrictions of their professions, bankers and attorneys are not mandated to report suspected adult abuse. They are, however, like all others, encouraged to voluntarily report any suspected mistreatment of adults. Banks are required to provide training on adult abuse for their employees who have direct customer contact.
The Adult Protective Services Act provides extensive protections to all reporters, whether voluntary or mandatory. Anyone who makes an abuse report in good faith is exempt from civil and criminal liability as well as any professional disciplinary action. These same protections are provided to any person who provides information, records or services related to a report.
The law also prohibits any retaliation by an employer against any employee who makes a good faith report of abuse, who is or will be a witness, or who will testify in any investigation or proceeding concerning a report of adult abuse. In addition, by law, a reporter’s name may be released only with the reporter’s written consent or by the order of a court. The Department on Aging also accepts anonymous reports.
Any physician who willfully fails to report as required by this Act shall be referred to the Illinois State Medical Disciplinary Board. Any dentist, dental hygienist or optometrist who willfully fails to report as required by this Act shall be referred to the Department of Financial and Professional Regulation. Any other mandated reporter required by this Act to report suspected abuse, neglect, or financial exploitation and, who willfully fails to report the same, is guilty of a Class A misdemeanor.
The Adult Protective Services Act requires that a mandated reporter testify fully in any judicial or administrative hearing resulting from the report. This outcome occurs in only a very small number of cases.
There is no cost for the assessment.
There is no cost for the services if you meet the eligibility guidelines.
No, we do not bill medicare or insurance. There is no cost for the program.
No, we are a non-medical program.
60+ years of age, live in Coles, Edgar, Douglas, DeWitt, Champaign or Piatt Counties and meet the financial guidelines. The care coordinator will determine eligibility at the time of the assessment.
The CCP program is a Medicaid waiver program and it is a requirement of the program to apply for Medicaid if you qualify for it. The State of IL receives some reimbursement funds from the federal government for participants that receive Medicaid.
No. The services are to provide essential services (not 24 hour care) to assist older adults in remaining independently in their home.
Yes, we can give you the agency’s phone numbers that serve our counties and you can call to see if they are hiring. We do not have any control of their hiring process.
The homecare aides cannot just sit with participants. There must be tasks for them to complete. They can perform personal care, fix a meal or clean for your spouse. Would you be interested in these services?
Our support staff will provide you with a detailed list of documents to have ready, for your assessment. These will include proof of identity, citizenship, finances, etc.
The Care Coordinator (CC) will call you within 5 days to set up the appointment. Once the assessment is completed with you, the CC has 30 days to complete the paperwork and send it to the providers. The providers have 15 days to start the services once they receive the paperwork. Generally it may take up to 45 days for services to start given that there are no delays, such as waiting on financial information. If you can have everything ready for the CC it will make the process go much faster.