Illinois Rule 50 establishes the definitions for Abuse and Neglect in Illinois. 

“Abuse” means any physical abuse, sexual abuse, mental abuse, or financial exploitation (see Rule 50 for the full definition of each of those types).

“Neglect” means an employee’s, agency’s, or facility’s failure to provide adequate medical care, personal care, or maintenance, and that, as a consequence, causes an individual pain, injury or emotional distress, results in either an individual’s maladaptive behavior or the deterioration of an individual’s physical condition or mental condition, or places an individual’s health or safety at substantial risk of possible injury, harm, or death.

According to the Illinois Department of Human Services (IDHS) website, an individual who suspects a person with disabilities is or has suffered from some form of abuse or neglect should call the hotline when:

• if you see an employee hitting a person with disabilities;
• if you see an injury on a person with disabilities body that does not appear to have been caused by an accident;
• if a person with disabilities tells you that he or she has been harmed by a caregiver; or
• if a person with disabilities appears to be undernourished, dressed inappropriately for the weather, or abandoned by staff at a program he or she attends or where he or she lives.

These are a few examples of when you should call the hotline. Use good judgment and call the hotline whenever you think a person with disabilities has been abused or neglected.

Some situations do not require calling the Hotline. Call only when you think a person with disabilities has been or will be harmed by someone, or has a serious injury. Some examples of when you should not call the Hotline include:

• When a person with disabilities is the one causing the problem that concerns you – you may want to call law enforcement or the person’s treatment program.
• When an emergency situation arises that does not involve abuse or neglect – you should consider calling law enforcement.
• When a problem in a residential program is evident, the person with disabilities has not been abused and is not at risk of abuse. In some cases, you may wish to call DHS at 1-800-843-6154 (1-800-447-6404 TTY), or talk to staff at the program in question.

If when evaluating the situation, you believe the abuse or neglect that has occurred or is occurring is putting the disabled person at risk of serious injury or even death, you should call the police ASAP.

If you determine that the individual who is the subject of the abuse/neglect is in fact a person with disabilities and:

1. The disabled person is in an IDHS program or lives in a residential group home or community living arrangement that is funded, licensed, or certified by the Illinois Department of Human Services, you should call:
   Illinois Office of Inspector General (OIG) Hotline: 1-800-368-1463
2. IF the person with disabilities is enrolled in a program or lives in a setting funded, licensed, or certified by the Illinois Department of Public Health (IDPH), such as a nursing home, you should call:
   Illinois Department of Human Services Hotline: 1-800-252-2893
3. If the abuse or neglect is a child or minor under 18 years old, you should call:
   Illinois Department of Children and Family Services (DCFS) Hotline: 1-800-252-2873
4. If the abuse or neglect is targeted toward an adult age 60 or older, who does not live in a nursing home or lives in a private home, you should call:
   Illinois Department of Aging (DOA) Senior Helpline: 1-800-252-8966

When calling the OIG Hotline to make a report about abuse or neglect of an intellectually disabled (ID) or developmentally disabled (ID) adult, the more information you can provide to them the more knowledge they have going into an investigation which can mean a lot.

The Illinois Disabled Person Abuse & Neglect Attorneys here at Olson & Reeves can help assist you in Reporting a Neglect or Abuse claim against a vulnerable adult. We can also assist in pursuing a personal injury case against the facility and the individuals responsible.

Knowing as many details as possible will help the OIG Investigators look into the allegation, ideally at minimum when you call the hotline you should know:

• The name of the person being abused or neglected, or the disabled person’s description;
• The nature of the suspected abuse or neglect and when and where it occurred, including the names and addresses of the mental health or DHS program that the disabled adult participates in;
• The names, nicknames, or descriptions of any person suspected of abuse or neglect;
• Any other relevant information that you believe could help, including, witness names, timelines, medical records, letters, or pictures.

When a report is made to OIG, the reporter’s name is not given to anyone without the consent of the reporter. The only exception is if it is court-ordered by a judge. Also, anyone who knows makes a false or misleading report may also not be protected.

Fear of reporting is a common theme among people who want to make a report of abuse or neglect. Under Illinois law ….. , an employee or administrator of a facility CAN NOT retaliate against a good faith reporter and legal action may be taken against any administrator or facility that does retaliate.

If you believe the abuse or neglect is ongoing, or that the resident may be in danger, or that a crime has been committed then you should absolutely call the local police to investigate in addition to filing a complaint with OIG.