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Can a Camera in the Room Protect an Illinois Nursing Home Resident?

Fri 15 Apr, 2016 / by / Nursing Home Injury

Last Updated: September 15, 2026

Illinois lets a nursing home resident, or the person the law allows to consent for the resident, place a camera or audio recorder in the resident’s own room. One limit applies: a home that houses residents with dementia may allow either device only in rooms in a building or wing dedicated entirely to dementia care. The resident and any roommate sign the state form, the facility gets a copy first, and it posts the signs. The Act covers residents’ rooms; it requires no cameras in common areas.

Can a camera in the room help when abuse is alleged at an Illinois nursing home?

“Can I put a camera in my mother’s room?” Families in central Illinois were asking that in April 2016, when this post first ran, after allegations of sexual abuse at a local nursing home. Illinois had already answered: since January 1, 2016, a nursing home resident may have a camera in the resident’s room after the steps below. One limit, added in 2019, applies to homes that house residents with dementia.

When families entrust a loved one to a long-term care facility, they expect protection, dignity, and safety, not vulnerability to exploitation. Allegations involving sexual abuse in a nursing home setting are especially disturbing because residents are often elderly, physically frail, cognitively impaired, or otherwise unable to defend themselves or report misconduct.

The Authorized Electronic Monitoring in Long-Term Care Facilities Act, 210 ILCS 32/10, lets a resident conduct electronic monitoring of the resident’s own room, subject to the limit stated in the Act and explained below. What follows is what it allows, who has to agree first, and what it does not do.

Why the Camera Law Matters Now

The Act lets a resident, or the person the Act allows to consent for the resident, place a fixed video camera, an audio recorder, or both in the resident’s own room. It reaches the resident’s room and requires no cameras in hallways, dining rooms or other common areas. One limit sits in the Act itself: a facility that houses residents with dementia may allow the devices only in rooms in a building, or a wing of a building, dedicated entirely to dementia care (210 ILCS 32/10(c)). The limit, added in 2019, turns on who lives in the home, and it applies to every resident there. In a home that houses residents with dementia and has no such building or wing, the Act does not permit a room camera or audio recorder for any resident. That holds whether or not the resident in question has dementia. That is how we read the statute’s words. As of 2026 we have found no Illinois court decision applying them.

Before you buy a camera, ask the administrator in writing whether the home houses residents with dementia. If it does, ask whether the room is in a building or wing dedicated entirely to dementia care. The Illinois Department of Public Health’s rule repeats the limit (77 Ill. Adm. Code 389.110).

In cases involving alleged sexual abuse, cameras can serve as:

  • A deterrent against misconduct

  • A tool for transparency

  • A means of preserving evidence

  • A source of reassurance for families

While cameras are not a complete solution, they may help reduce the secrecy that can allow abuse to occur undetected.

Sexual abuse in nursing homes is particularly difficult to uncover. Victims may:

  • Suffer from dementia or cognitive impairment

  • Be afraid to report abuse

  • Feel shame or confusion

  • Be physically unable to communicate clearly

In some cases, family members notice behavioral changes long before any formal report is made.

Under 210 ILCS 32/10, 210 ILCS 32/15 and 210 ILCS 32/20, monitoring in a resident’s room may begin only after:

  • the home confirms the Act reaches that room (for a home that houses residents with dementia, a room in a building or wing dedicated entirely to dementia care, 210 ILCS 32/10(c));

  • the resident, or the person the Act allows to consent for the resident, signs the Illinois Department of Public Health’s notification and consent form;

  • any roommate, or the person allowed to consent for the roommate, signs the same form, with any conditions the resident or the roommate sets, such as no audio;

  • the completed form is given to the facility.

The facility then posts a sign at the building entrances and a sign at the door of the room, and it installs and maintains both (210 ILCS 32/30). The device itself sits in a conspicuously visible spot in the room, at the resident’s expense (210 ILCS 32/25).

If the resident lacks capacity, the resident’s court-appointed plenary guardian may consent. Without a guardian, the resident’s physician has to find that the resident cannot understand what monitoring means, and the resident must not have objected; then the Act names who may consent, in this order:

  1. the agent named in the resident’s health care power of attorney;

  2. the person the Nursing Home Care Act calls the resident’s representative;

  3. the resident’s spouse;

  4. the resident’s parent;

  5. an adult child who has the other adult children’s written consent to decide;

  6. an adult brother or sister who has the other siblings’ written consent.

A facility may not intentionally retaliate or discriminate against a resident for consenting to monitoring, and may not prevent installation or use of the device once it has the completed form (210 ILCS 45/3-318).

The steps matter. If the roommate says no, monitoring cannot start in that room. The facility has to try to find a solution, usually a room change. Audio is allowed under the Act unless the resident or the roommate makes no audio a condition of consent. A recording made outside the Act’s consent process is where the Illinois eavesdropping law, 720 ILCS 5/14-2, applies.

Cameras Are Not a Substitute for Accountability

While electronic monitoring can help deter abuse, it does not eliminate systemic problems such as:

  • Inadequate background checks

  • Poor supervision of staff

  • Chronic understaffing

  • Failure to separate residents from known risks

  • Weak internal reporting procedures

When sexual abuse is alleged, immediate action is essential. That includes:

  • Ensuring the resident’s safety

  • Reporting the allegation to law enforcement

  • Reporting to the Illinois Department of Public Health

  • Preserving any evidence

  • Consulting a nursing home abuse attorney

Protecting Vulnerable Residents

The allegations that prompted this post were a reminder that families need a way to see what happens in the room.

Illinois’ electronic monitoring law gives a resident, and the people who may consent for the resident, a way to see what happens in the room when the resident cannot report it.

But prevention and accountability require more than surveillance. They require facilities to uphold their legal obligations and prioritize resident safety above all else.

Peoria personal injury lawyer Robert Parker takes nursing home abuse and neglect claims and personally handles every case the firm accepts. If you are deciding whether to put a camera in a family member’s room, call before you buy it: 309-673-0069.

Need a lawyer? This article is part of our Peoria Nursing Home Injury Lawyer practice area. Call Parker & Parker at 309-673-0069 for a free consultation.

Frequently Asked Questions

Who can sign the camera consent form for an Illinois nursing home resident who cannot decide for herself?

Her court-appointed plenary guardian can. Without a guardian, her physician has to find that she cannot understand what monitoring means, and she must not have objected; then the Act’s order applies: the agent named in her health care power of attorney, her resident’s representative, spouse, parent, an adult child with the other adult children’s written consent, then an adult sibling with the other siblings’ written consent (210 ILCS 32/15).

What happens if the roommate refuses a camera in an Illinois nursing home?

Monitoring cannot start in that room. The facility has to try to find a solution, usually a room change: it offers to move either resident to another shared room that is open, looks again every two weeks if none is open, and a private room chosen for the camera is paid at the private room rate.

Is audio recording allowed in an Illinois nursing home room?

Yes, through the Act’s consent process. The resident or the roommate can make no audio a condition of consent on the form (210 ILCS 32/20). A recording made outside that process is where the Illinois eavesdropping law, 720 ILCS 5/14-2, applies.

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