Definitions of Terms

Abuse
"Abuse" means physical abuse, harassment, intimidation of a dependent, interference with personal liberty or willful deprivation but does not include reasonable direction of a minor child by a parent or person in loco parentis.

Domestic Violence
Domestic Violence means abuse as defined in the definition above.

Exploitation
"Exploitation" means the illegal, including tortuous, use of a high-risk adult with disabilities or of the assets or resources of a high-risk adult with disabilities. Exploitation includes, but is not limited to, the misappropriation of assets or resources of a high-risk adult with disabilities by undue influence, by breach of a fiduciary relationship, by fraud, deception, or extortion, or the use of such assets or resources in a manner contrary to law.

Family or Household Members
Include spouses, former spouses, parents, children, stepchildren and other persons related by blood or by present or prior marriage, persons who share or formerly shared a common dwelling, persons who have or allegedly have a child in common, persons who share or allegedly share a blood relationship through a child, persons who have or have had a dating or engagement relationship, and persons with disabilities and their personal assistants.

For purposes of this paragraph, neither a casual acquaintanceship nor ordinary fraternization between two individuals in business or social contexts shall be deemed to constitute a dating relationship. In the case of a high-risk adult with disabilities, "family or household members" includes any person who has the responsibility for a high-risk adult as a result of a family relationship or who has assumed responsibility for all or a portion of the care of a high-risk adult with disabilities voluntarily, or by express or implied contract, or by court order.

Harassment
"Harassment" means knowing conduct which is not necessary to accomplish a purpose that is reasonable under the circumstances, would cause a reasonable person emotional distress, and does cause emotional distress to the petitioner. Unless the presumption is rebutted by a preponderance of the evidence, the following types of conduct shall be presumed to cause emotional distress:
  • a) creating a disturbance at petitioner’s place of employment or school
  • b) repeatedly telephoning petitioner’s place of employment, home or residence
  • c) repeatedly following petitioner about in a public place or places
  • d) repeatedly keeping petitioner under surveillance by remaining present outside his or her home, school, place of employment, vehicle or other place occupied by petitioner or by peering in petitioner’s windows
  • e) repeatedly threatening to improperly remove a child of petitioner’s from the jurisdiction, improperly concealing that child from petitioner or making a single such threat following an actual or attempted improper removal or concealment
  • f) improperly concealing a minor child from petitioner, repeatedly threatening to improperly remove a minor child of petitioner from the jurisdiction or from the physical care of petitioner, repeatedly threatening to conceal a minor child from petitioner, or making a single such threat following an actual or attempted improper removal or concealment, unless respondent was fleeing an incident or pattern of domestic violence
  • g) threatening physical force, confinement or restraint on one or more occasions
In loco parentis
In the place of a parent; instead of a parent.

IMDMA
Illinois Marriage and Dissolution of Marriage Act

Interference with Personal Liberty
"Interference with personal liberty" means committing or threatening physical abuse, harassment, intimidation or willful deprivation so as to compel another to engage in conduct from which she or he has a right to abstain or to refrain from conduct in which she or he has a right to engage.

Intimidation of a Dependent
"Intimidation" means subjecting a person who is dependent because of age, health or disability to participation in, or the witnessing of: physical force against another or physical confinement or restraint of another which constitutes physical abuse as herein defined, regardless of whether the abused person is a family or household member.

Neglect
"Neglect" means the failure to exercise that degree of care toward a high-risk adult with disabilities which a reasonable person would exercise under the circumstances and includes, but is not limited to:
  • a) the failure to take reasonable steps to protect a high-risk adult with disabilities from acts of abuse
  • b) the repeated, careless imposition of unreasonable confinement
  • c) the failure to provide food, shelter, clothing, and personal hygiene to a high-risk adult with disabilities who requires such assistance
  • d) the failure to provide medical and rehabilitative care for the physical and mental health needs of a high-risk adult with disabilities
  • e) the failure to protect a high-risk adult with disabilities from health and safety hazards
Physical Abuse
"Physical abuse" includes sexual abuse and means any of the following:
  • a) knowing or reckless use of physical force, confinement, or restraint
  • b) knowing, repeated and unnecessary sleep deprivation
  • c) knowing or reckless conduct which creates an immediate risk of physical harm
PKPA
Parental Kidnapping Prevention Act

SDU
State Disbursement Unit

Stalking
"Stalking" means knowingly and without lawful justification, on at least 2 separate occasions, following another person or placing the person under surveillance or any combination thereof and:
  • a) at any time transmitting a threat of immediate or future bodily harm, sexual assault, confinement or restraint and the threat is directed towards that person or a family member of that person
  • b) placing that person in reasonable apprehension of immediate or future bodily harm, sexual assault, confinement or restraint
  • c) placing that person in reasonable apprehension that a family member will receive immediate or future bodily harm, sexual assault, confinement, or restraint
UCCJA
Uniform Child Custody Jurisdiction Act

Willful Deprivation

"Willful deprivation" means willfully denying a person who because of age, health or disability requires medication, medical care, shelter, food, therapeutic device, or other physical assistance, and thereby exposing that person to the risk of physical, mental or emotional harm, except with regard to medical care or treatment when the dependent person has expressed an intent to forego such medical care or treatment. This paragraph does not create any new affirmative duty to provide support to dependent persons.