Illinois Office of Inspector General Investigation Process
Disabled Person Abuse/Neglect
Advocates for the Disabled.
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OIG Investigation Process
After a report is made to the Illinois Office of Inspector General (OIG) regarding abuse/neglect of a disabled person, the investigative process begins. According to the OIG, there are standard steps followed.
- Receiving the Report
When a report comes in, the report is assigned to an investigator. The investigator then reviews and evaluates the information in the report. The investigator evaluates whether there is enough evidence to permit an investigation.
Based on the prior gathered information, the investigator will then begin coordinating with the OIG liaison at the facility or agency. The OIG liaison may then complete interviews/ or collect documents. After some evidence is collected, the Investigator develops an investigative plan. This may include persons of interest that need to be interviewed, or any documentation that needs to be collected.
- Analyzing the Evidence
After the conclusion of gathering information, the investigator analyzes the information to determine what occurred. The investigator will then weigh the evidence.\
- Conclusion of Investigations & Report-Writing
After reviewing all the evidence and information presented, the investigator determines whether enough evidence exists to support the allegations or not. The investigator uses a standard of proof known as preponderance of the evidence. This is a legal term that just means more likely than not, or 51% likely. After making his decision, the investigator drafts a preliminary report, which summarizes the evidence used to make his decision, and his final conclusion.
- Internal Case Review
The case is then reviewed by an OIG investigative supervisor. The case review focuses on the strength of the report, the strength of supporting evidence, and the appropriateness of the conclusions.
- Case Presentation
When the case report is approved, it is signed and mailed to the facility or agency where the allegations occurred. It is also at this point that the people who were involved with the incident (victim, complainant, alleged perpetrator) are notified of the decision.Anyone involved in the case may, within 15 working days, request consideration of the findings if they have additional evidence that was not considered in the investigation. OIG then reviews any additional information and makes a determination as to whether there are sufficient grounds to reinvestigate the case or to revise the report. After all questions/additional issues have been resolved, the case report becomes final.
- Response from Facility or Agency
If a claim of abuse or neglect is substantiated, or if a case identifies other issues, a response is required from the facility or agency. This “Written Response” is to detail the steps taken to ensure the protection of those individuals and how to further occurrences of this type will be eliminated.
- OIG Follow-Up
OIG reviews a random sample of written responses to ensure that any actions that the facility or agency listed were actually taken. OIG will then send either “in compliance” letters or “out of compliance” letter.
- Case Closed
When OIG closes a case, the accused, the victim (and/or guardian) and the complainant are notified of the outcome.
Case Closed? No. Our Illinois CILA Lawyers Are Here To Help.
The OIG investigative process seems pretty straightforward, right? Sort of. There are plenty of nuances and potential issues that victims, family members, guardians, and complainants should be aware of, and how our Illinois CILA Attorneys can help.
During the Evidence-Gathering Stage, the OIG investigator coordinates with an OIG Liaison at the facility or agency in question. Who is the OIG Liaison? The OIG Liaison is typically an employee of the facility or agency in question who has received some OIG investigations training. This means the initial evidence gathering is an internal investigation. The person investigating the facility literally works for the facility.
How having an Illinois CILA Lawyer on your side can help? We have the resources at our disposal to make sure the investigation is fair and impartial. We have private investigators that can do an independent investigation. We also have the ability to hire experts to give opinions on facts and medical issues if need be.
“I got a letter from OIG saying Abuse or Neglect was substantiated.”
If you receive a letter substantiating abuse or neglect the case does not end there. All this letter means is that the OIG did in fact find there was enough evidence to agree that abuse/neglect occurred. The Next Step, is getting ahold of our Illinois CILA Abuse Lawyers.
We help you file a lawsuit against the perpetrator and the facility where the abuse/neglect occurred. Filing a lawsuit is the only true way to get justice for the abused or neglected. This is how we hold them accountable for their actions, and make it public what they had done or allowed to happen.
“I got a letter from OIG saying Abuse or Neglect was unsubstantiated.”
Just because the OIG says there wasn’t enough evidence to substantiate a claim does not mean that you still don’t have options. Our Illinois CILA Abuse Lawyers can still investigate the claim, and use our resources to make sure the OIG investigation was thorough.
Contact Us Today To Speak to Speak to a Illinois CILA Attorney!
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