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Mandated Reporting of Domestic Violence in Illinois
Some Illinois professionals are mandated to make a report regarding two groups of domestic violence Victims in Illinois.
The two groups are:
- Seniors over the age of 60 "who, because of dysfunction, are unable to seek assistance" for themselves; and
- Children who are suspected of being abused or neglected.
Frequently Asked Questions Regarding Mandated Reporting of Domestic Violence in Illinois:
Is there an Illinois law that Professionals Must Report Domestic Violence occurring to an Adult Victim?
What is Elder Abuse?
When Must Professionals in Illinois Report Elder Abuse?
What is Meant by Dysfunction of an Elder?
Who is Required to Report Under the Elder Abuse Law?
Does the Law Provide Protections for Mandated
Reporters of Elder Abuse?
Who are Mandated Reporters of Suspected Child
Abuse in Illinois?
When Must Professionals in Illinois Report
Child Abuse?
Is there an Illinois law that Professionals Must Report Domestic Violence occurring to an Adult Victim?
There are no Illinois Statutes written specially for domestic violence that mandate professionals to report domestic violence of an adult to law enforcement officials. (Except for the Seniors mentioned in this article.)
A 1931 Illinois law primarily designed to detect criminal activity states:
- It is the duty of any person operating a medical facility, nurse, or doctor to notify the local law enforcement agency when it appears the patient has received any injury resulting from the discharge of a firearm, or any injury sustained as a victim of a criminal offense. (20 ILCS 2630/3.2)
There are differing opinions and inconsistent interpretations of this law regarding adult domestic violence Victims. Contact the Legal Institute of the Illinois Coalition Against Domestic Violence for a packet of material on this topic.
The advantages and disadvantages of Mandatory Reporting of adult Victims of domestic violence are under study by some professional organizations.
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What is Elder Abuse?
Elder abuse refers to mistreatment of Illinois residents over the age of 60. The abuse could be physical, sexual, emotional, neglect, or financial exploitation. (320 ILCS 20/1)
To find help, call the Illinois Department on Aging:
- Call Toll Free 1-800-252-8966 (Voice & TTY) during weekdays, or
- Call Toll Free 1-800-279-0400 after hours, weekends and holidays, or
- Illinois Relay Service for deaf or hard of hearing persons 1-800-526-0844
Illinois Department on Aging's Website:
http://www.state.il.us/aging
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When Must Professionals in Illinois Report Elder Abuse?
Professionals and state employees must report any suspected abuse of an older person within 24 hours, if the person, because of Dysfunction, is unable to report for themselves. The report is made to the Department on Aging's Elder Abuse and Neglect Program at the above listed numbers.
The Department on Aging encourages all persons to voluntarily report a situation if they are unsure whether an older person is able to report for themselves. Anyone who suspects another is mistreating an older person should call the above listed help numbers.
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What is Meant by Dysfunction of an Elder?
The term Dysfunction is not defined in law, but is understood to mean any physical or mental condition which would make a Senior unable to seek help for themselves.
Such conditions could be:
- Dementia
- Paralysis
- Speech disorders
- Being bed ridden
- Unable to use a telephone, etc.
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Who is Required to Report Under the Elder Abuse Law?
A Mandated Reporter is any of the following persons while engaged in their professional duties: (Privileged communication between professional and client is not grounds for failure to report.)
- Social services
- A Professional in care of an eligible adult
- Law enforcement
- State employees involved in providing services to eligible adults
- Various medical and counseling occupations that require licensing, etc.
Bankers and Attorneys are not required by law to report suspected elder abuse because of the confidentiality restrictions of their professions.
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Does the Law
Provide Protections for Mandated Reporters of Elder Abuse?
The Elder Abuse and Neglect Act (320 ILCS 20/1) provides extensive legal protections to all reporters whether voluntary or mandatory. Anyone who makes an elder abuse report in good faith is exempt from civil or criminal liability as well as any professional disciplinary action.
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Who are
Mandated Reporters of Suspected Child Abuse in Illinois?
Mandated reporters are professionals who might work with children in the course of their professional duties. (325 ILCS 5/1)
These professions include:
- Medical
- School
- Social Service/Mental Health
- Law Enforcement
- Child Care, etc.
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When Must Professionals in Illinois Report Child Abuse?
A mandated reporter must report immediately any suspected child abuse or neglect. Privileged communication between professional and client is not grounds for failure to report.
The report must be made to the Statewide
Hotline at 1-800-25-ABUSE . The Hotline is available 24 hours each day of the year.
State law protects the identity of all mandated reporters. They are also given immunity from legal liability as a result of reports made in good faith.
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