Section 350.1236 Care and Treatment of Sexual Assault Survivors

Section 350.1236  Care and Treatment of Sexual Assault Survivors

a)         For the purposes of this Section, the following definitions

shall apply:

1)         Ambulance Provider – an individual or entity that owns and

operates a business or service using ambulances or emergency medical services

vehicles to transport emergency patients.

2)         Sexual Assault – an act of nonconsensual sexual conduct or

sexual penetration, as defined in Section 11-0.1 of the Criminal Code of 2012,

including, without limitation, acts prohibited under Sections 11-1.20 through

11-1.60 of the Criminal Code of 2012.

b)         When a sexual assault is alleged to have occurred, the

facility shall adhere to the following

protocol for the care and treatment

of residents who

are suspected of having

been sexually assaulted in

an

ID/DD

facility or elsewhere

(Section 3-808 of the Act):

1)         Notify local law enforcement pursuant to the requirements of

Section 350.750;

2)         Call an ambulance provider if medical care is needed;

3)         Move the survivor, as quickly as reasonably possible, to a

closed environment to ensure privacy while waiting for emergency or law

enforcement personnel to arrive. The facility shall ensure the welfare and

privacy of the survivor, including the use of incident code to avoid embarrassment;

and

4)         Immediately notify the resident's guardian or other authorized

representative, and inform the guardian or other authorized representative, and

the resident, that the facility will call another friend or family member and a

sexual assault crisis advocate, when available, to accompany the survivor, if

the guardian or other representative, or the resident, wishes.

c)         The facility shall preserve evidence of the alleged sexual

assault, and shall not launder or dispose of the resident's clothing or bed

linens until local law enforcement can determine whether they have evidentiary

value

or family member and a

sexual assault crisis advocate, when available, to accompany the survivor, if

the guardian or other representative, or the resident, wishes.

c)         The facility shall preserve evidence of the alleged sexual

assault, and shall not launder or dispose of the resident's clothing or bed

linens until local law enforcement can determine whether they have evidentiary

value. The facility shall encourage the survivor not to change clothes or

bathe, if the survivor has not done so since the sexual assault.

d)         The facility shall notify the Department and draft a

descriptive summary of the alleged sexual assault pursuant to the requirements

of Section 350.700.