Community Living Options, Inc. v. The Department of Public Health

Illinois Appellate Court
Civil Court
Citation
Case Number: 
2013 IL App (4th) 121056
Decision Date: 
December 12, 2013
District: 
4th Dist.
Division/County: 
Sangamon Co.
Justice: 
KNECHT
Holding: 
Affirmed.
IDPH determined two conducted investigation of car accident in which resident of care facility for developmentally disabled was killed in car accident, after head trauma from hitting her head on windshield. Violation notice is not the same as violation determination. Chief of Quality Review of DHS properly amended log to reflect his determination of violations. DHS can reject ALJ's findings, make independent review of record, and reach different conclusions. Facility must consider resident's functional abilities and competence, not whether Vehicle Code requires rear passengers to use rear seat belts. (TURNER and STEIGMANN, concurring.)