Learn more about being a victim of elder abuse from this timeline.

Adult Protective Services Act

The Adult Protective Services Act established the Adult Protective Services (APS) program. The Illinois Department on Aging (IDOA) is in charge of the APS program. APS focuses on adults with disabilities. APS also serves non-disabled adults 60 and over. The program consists of 45 provider agencies. These agencies were designated by the department. The agencies get reports from the public and act on them. People report possible abuse, neglect, or financial exploitation. The reports are on adults in domestic living situations. This means they live in a private household. The person can live alone, with family, or a caregiver. They can also live in a community-based unlicensed facility.

The purpose of this law is to make sure authorities pay attention to reports. Anyone who suspects someone is being harmed can contact APS. This includes the victim. Harm includes abuse, negligence, and financial exploitation. More information about elder abuse and warning signs can be found on the APS page on the IDOA website.

Reporting suspected abuse of an adult with a disability

APS has a statewide telephone number. Anyone can call the number to report suspected abuse, neglect, or financial exploitation. Authorities at APS investigate these reports. They also assist the victim. They will arrange for services to prevent further harm.

The APS Hotline is (800) 800-1409.

The identity of the person making the report is confidential. It cannot be disclosed except with their written consent or by court order. Anyone who makes a report in good faith is protected from penalty. Anyone who provides information about an APS review is also protected from penalty. APS also accepts anonymous reports.

APS investigations

For each report, an agency will investigate. They try to determine whether the report is true. They try to determine whether the report is founded.

APS will investigate. If there is a risk of immediate harm, they will investigate within 24 hours. If the report is on neglect or non-physical abuse, they will investigate within 72 hours. All other reports will be reviewed within seven days.

Investigations must include a face-to-face visit with the person being harmed. They may include a visit to the home. They may include interviews with anyone else who has information.

If you report something, APS will not investigate without consent. Consent must come from the subject of the report, or the person being harmed. Consent may come from a temporary legal guardian. APS may request someone be appointed to this position. They may do this if the subject cannot give consent. For example, the subject may not be able to because of a physical or mental impairment. Moreover, they may be unable to understand or communicate.

If APS believes the person was harmed, it will create a plan for them. They can arrange for protective services. This requires consent to an assessment and the services. If the abuser works for a facility where the person lives, they must have no contact with the person. Contact may resume after the investigation.

Interference with reporting or with the investigation

It is against the law to interfere with someone making a report. You cannot prevent someone from making a report of abuse. No one may interfere with or try to prevent the investigation. This is only true if the subject of the report consents to the investigation.

A court can grant an access order if:

• Access to the subject is denied by a third party,
• A third party has interfered with an assessment or service plan,
• APS thinks the person did not consent because of coercion or blackmail, or
• APS thinks the person did not consent out of fear of abuse, neglect, or financial exploitation.

The local police can assist the APS worker. They can help present the access order. They can help the worker meet the adult with the disability. The police or APS worker may knock and enter without an access order. This is only allowed is there is a clear risk of immediate serious harm.

The case plan

After investigating, APS may determine that person was really harmed. Then APS and the adult will make a plan to prevent harm in the future. This may include assistance under the Home Services Program. This prevents the person from relying on an abusive family or household member. The plan may mean obtaining an Order of Protection. It can help with removing an abusive guardian. For more information about possible services, see Illinois' Department on Aging website.