As Introduced                            1            

123rd General Assembly                                             4            

   Regular Session                                  S. B. No. 171  5            

      1999-2000                                                    6            


                  SENATORS SPADA-GARDNER-KEARNS                    8            


_________________________________________________________________   10           

                          A   B I L L                                           

             To amend sections 2151.421, 5123.61, 5126.30, and     12           

                5126.31 and to enact sections 5123.50 to 5123.53   13           

                of the Revised Code to establish a registry of     14           

                persons found by the Department of Mental                       

                Retardation and Developmental Disabilities to      15           

                have abused or neglected an individual with        16           

                mental retardation or a developmental disability,               

                to require the Department to investigate reports   17           

                of abuse and neglect involving children with       18           

                mental retardation or a developmental disability,  19           

                and to limit the types of abuse and neglect        20           

                reports that are referred to law enforcement                    

                agencies.                                                       




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        22           

      Section 1.  That sections 2151.421, 5123.61, 5126.30, and    24           

5126.31 be amended and sections 5123.50, 5123.51, 5123.52, and     25           

5123.53 of the Revised Code be enacted to read as follows:         26           

      Sec. 2151.421.  (A)(1)(a)  No person described in division   35           

(A)(1)(b) of this section who is acting in an official or          37           

professional capacity and knows or suspects that a child under     38           

eighteen years of age or a mentally retarded, developmentally      40           

disabled, or physically impaired child under twenty-one years of   41           

age has suffered or faces a threat of suffering any physical or    42           

mental wound, injury, disability, or condition of a nature that    43           

reasonably indicates abuse or neglect of the child, shall fail to  44           

immediately report that knowledge or suspicion to the public       45           

                                                          2      


                                                                 
children services agency or a municipal or county peace officer    47           

in the county in which the child resides or in which the abuse or  48           

neglect is occurring or has occurred.                                           

      (b)  Division (A)(1)(a) of this section applies to any       51           

person who is an attorney; physician, including a hospital intern  52           

or resident; dentist; podiatrist; practitioner of a limited        53           

branch of medicine as specified in section 4731.15 of the Revised  54           

Code; registered nurse; licensed practical nurse; visiting nurse;  56           

other health care professional; licensed psychologist; licensed    57           

school psychologist; speech pathologist or audiologist; coroner;   58           

administrator or employee of a child day-care center;              59           

administrator or employee of a residential camp or child day       60           

camp; administrator or employee of a certified child care agency   61           

or other public or private children services agency; school        62           

teacher; school employee; school authority; person engaged in      63           

social work or the practice of professional counseling; or a       64           

person rendering spiritual treatment through prayer in accordance  66           

with the tenets of a well-recognized religion.                                  

      (2)  An attorney or a physician is not required to make a    68           

report pursuant to division (A)(1) of this section concerning any  70           

communication the attorney or physician receives from a client or  73           

patient in an attorney-client or physician-patient relationship,   74           

if, in accordance with division (A) or (B) of section 2317.02 of   76           

the Revised Code, the attorney or physician could not testify      77           

with respect to that communication in a civil or criminal          78           

proceeding, except that the client or patient is deemed to have    79           

waived any testimonial privilege under division (A) or (B) of      81           

section 2317.02 of the Revised Code with respect to that           83           

communication and the attorney or physician shall make a report    85           

pursuant to division (A)(1) of this section with respect to that   86           

communication, if all of the following apply:                                   

      (a)  The client or patient, at the time of the               88           

communication, is either a child under eighteen years of age or a  89           

mentally retarded, developmentally disabled, or physically         91           

                                                          3      


                                                                 
impaired person under twenty-one years of age.                     92           

      (b)  The attorney or physician knows or suspects, as a       94           

result of the communication or any observations made during that   96           

communication, that the client or patient has suffered or faces a  97           

threat of suffering any physical or mental wound, injury,          99           

disability, or condition of a nature that reasonably indicates     100          

abuse or neglect of the client or patient.                         101          

      (c)  The attorney-client or physician-patient relationship   103          

does not arise out of the client's or patient's attempt to have    105          

an abortion without the notification of her parents, guardian, or  107          

custodian in accordance with section 2151.85 of the Revised Code.  108          

      (B)  Anyone, who knows or suspects that a child under        110          

eighteen years of age or a mentally retarded, developmentally      112          

disabled, or physically impaired person under twenty-one years of  113          

age has suffered or faces a threat of suffering any physical or    114          

mental wound, injury, disability, or other condition of a nature   115          

that reasonably indicates abuse or neglect of the child, may       116          

report or cause reports to be made of that knowledge or suspicion  117          

to the public children services agency or to a municipal or        119          

county peace officer.                                              120          

      (C)  Any report made pursuant to division (A) or (B) of      122          

this section shall be made forthwith either by telephone or in     123          

person and shall be followed by a written report, if requested by  125          

the receiving agency or officer.  The written report shall                      

contain:                                                           126          

      (1)  The names and addresses of the child and the child's    128          

parents or the person or persons having custody of the child, if   129          

known;                                                                          

      (2)  The child's age and the nature and extent of the        131          

child's known or suspected injuries, abuse, or neglect or of the   132          

known or suspected threat of injury, abuse, or neglect, including  133          

any evidence of previous injuries, abuse, or neglect;              134          

      (3)  Any other information that might be helpful in          136          

establishing the cause of the known or suspected injury, abuse,    137          

                                                          4      


                                                                 
or neglect or of the known or suspected threat of injury, abuse,   138          

or neglect.                                                        139          

      Any person, who is required by division (A) of this section  141          

to report known or suspected child abuse or child neglect, may     142          

take or cause to be taken color photographs of areas of trauma     143          

visible on a child and, if medically indicated, cause to be        144          

performed radiological examinations of the child.                  145          

      (D)(1)  Upon the receipt of a report concerning the          147          

possible abuse or neglect of a child or the possible threat of     148          

abuse or neglect of a child, the municipal or county peace         149          

officer who receives the report shall refer the report to the      150          

appropriate public children services agency.                       152          

      (2)  On receipt of a report pursuant to this division or     155          

division (A) or (B) of this section, the public children services  157          

agency shall comply with section 2151.422 of the Revised Code.     158          

      (3)  ON RECEIPT OF A REPORT UNDER THIS DIVISION OR DIVISION  160          

(A) OR (B) OF THIS SECTION THAT INVOLVES A CHILD WITH MENTAL       161          

RETARDATION OR A DEVELOPMENTAL DISABILITY AND INCLUDES AN          162          

ALLEGATION OF ABUSE OR NEGLECT BY AN MR/DD EMPLOYEE, AS DEFINED    163          

IN SECTION 5123.50 OF THE REVISED CODE, THE PUBLIC CHILDREN        164          

SERVICES AGENCY SHALL, IN ADDITION TO COMPLYING WITH DIVISION      165          

(D)(2) OF THIS SECTION, IMMEDIATELY NOTIFY THE DEPARTMENT OF                    

MENTAL RETARDATION AND DEVELOPMENTAL DISABILITIES OF THE REPORT.   166          

      (E)  No township, municipal, or county peace officer shall   168          

remove a child about whom a report is made pursuant to this        169          

section from the child's parents, stepparents, or guardian or any  170          

other persons having custody of the child without consultation     171          

with the public children services agency, unless, in the judgment  174          

of the officer, and, if the report was made by physician, the      175          

physician, immediate removal is considered essential to protect    176          

the child from further abuse or neglect.  The agency that must be  179          

consulted shall be the agency conducting the investigation of the  180          

report as determined pursuant to section 2151.422 of the Revised   181          

Code.                                                              182          

                                                          5      


                                                                 
      (F)(1)  Except as provided in section 2151.422 of the        185          

Revised Code, the public children services agency shall            187          

investigate, within twenty-four hours, each report of known or     189          

suspected child abuse or child neglect and of a known or           190          

suspected threat of child abuse or child neglect that is referred  191          

to it under this section to determine the circumstances            192          

surrounding the injuries, abuse, or neglect or the threat of       193          

injury, abuse, or neglect, the cause of the injuries, abuse,       194          

neglect, or threat, and the person or persons responsible.  The    195          

investigation shall be made in cooperation with the law                         

enforcement agency and in accordance with the memorandum of        196          

understanding prepared under division (J) of this section.  A      198          

failure to make the investigation in accordance with the           199          

memorandum is not grounds for, and shall not result in, the        201          

dismissal of any charges or complaint arising from the report or   202          

the suppression of any evidence obtained as a result of the        203          

report and does not give, and shall not be construed as giving,    204          

any rights or any grounds for appeal or post-conviction relief to  205          

any person.  The public children services agency shall report      208          

each case to a central registry which the state department of      210          

human services shall maintain in order to determine whether prior  211          

reports have been made in other counties concerning the child or   212          

other principals in the case.  The public children services        213          

agency shall submit a report of its investigation, in writing, to  215          

the law enforcement agency.                                                     

      (2)  The public children services agency shall make any      218          

recommendations to the county prosecuting attorney or city         220          

director of law that it considers necessary to protect any         221          

children that are brought to its attention.                        222          

      (G)(1)(a)  Except as provided in division (H)(3) of this     224          

section, anyone or any hospital, institution, school, health       225          

department, or agency participating in the making of reports       226          

under division (A) of this section, anyone or any hospital,        227          

institution, school, health department, or agency participating    228          

                                                          6      


                                                                 
in good faith in the making of reports under division (B) of this  229          

section, and anyone participating in good faith in a judicial      230          

proceeding resulting from the reports, shall be immune from any    231          

civil or criminal liability for injury, death, or loss to person   232          

or property that otherwise might be incurred or imposed as a       233          

result of the making of the reports or the participation in the    234          

judicial proceeding.                                               235          

      (b)  Notwithstanding section 4731.22 of the Revised Code,    238          

the physician-patient privilege shall not be a ground for          239          

excluding evidence regarding a child's injuries, abuse, or         240          

neglect, or the cause of the injuries, abuse, or neglect in any    241          

judicial proceeding resulting from a report submitted pursuant to  242          

this section.                                                                   

      (2)  In any civil or criminal action or proceeding in which  244          

it is alleged and proved that participation in the making of a     245          

report under this section was not in good faith or participation   246          

in a judicial proceeding resulting from a report made under this   247          

section was not in good faith, the court shall award the           248          

prevailing party reasonable attorney's fees and costs and, if a    249          

civil action or proceeding is voluntarily dismissed, may award     250          

reasonable attorney's fees and costs to the party against whom     251          

the civil action or proceeding is brought.                         252          

      (H)(1)  Except as provided in divisions (D)(3), (H)(4),      254          

(M), and (N) of this section, a report made under this section is  256          

confidential.  The information provided in a report made pursuant  257          

to this section and the name of the person who made the report     258          

shall not be released for use, and shall not be used, as evidence  259          

in any civil action or proceeding brought against the person who   260          

made the report.  In a criminal proceeding, the report is          261          

admissible in evidence in accordance with the Rules of Evidence    262          

and is subject to discovery in accordance with the Rules of        263          

Criminal Procedure.                                                264          

      (2)  No person shall permit or encourage the unauthorized    266          

dissemination of the contents of any report made under this        267          

                                                          7      


                                                                 
section.                                                           268          

      (3)  A person who knowingly makes or causes another person   270          

to make a false report under division (B) of this section that     271          

alleges that any person has committed an act or omission that      272          

resulted in a child being an abused child or a neglected child is  273          

guilty of a violation of section 2921.14 of the Revised Code.      274          

      (4)  A public children services agency shall advise a        277          

person alleged to have inflicted abuse or neglect on a child who   278          

is the subject of a report made pursuant to this section of the                 

disposition of the investigation.  The agency shall not provide    279          

to the person any information that identifies the person who made  281          

the report, statements of witnesses, or police or other                         

investigative reports.                                             282          

      (I)  Any report that is required by this section shall       284          

result in protective services and emergency supportive services    285          

being made available by the public children services agency on     287          

behalf of the children about whom the report is made, in an        289          

effort to prevent further neglect or abuse, to enhance their       290          

welfare, and, whenever possible, to preserve the family unit       291          

intact.  The agency required to provide the services shall be the  293          

agency conducting the investigation of the report pursuant to      294          

section 2151.422 of the Revised Code.                              296          

      (J)(1)  Each public children services agency shall prepare   298          

a memorandum of understanding that is signed by all of the         300          

following:                                                                      

      (a)  If there is only one juvenile judge in the county, the  303          

juvenile judge of the county or the juvenile judge's               304          

representative;                                                                 

      (b)  If there is more than one juvenile judge in the         308          

county, a juvenile judge or the juvenile judges' representative    309          

selected by the juvenile judges or, if they are unable to do so    310          

for any reason, the juvenile judge who is senior in point of       311          

service or the senior juvenile judge's representative;             312          

      (c)  The county peace officer;                               315          

                                                          8      


                                                                 
      (d)  All chief municipal peace officers within the county;   318          

      (e)  Other law enforcement officers handling child abuse     320          

and neglect cases in the county;                                   321          

      (f)  The prosecuting attorney of the county;                 324          

      (g)  If the public children services agency is not the       326          

county department of human services, the county department of      328          

human services.                                                    329          

      (2)  A memorandum of understanding shall set forth the       331          

normal operating procedure to be employed by all concerned         333          

officials in the execution of their respective responsibilities    334          

under this section and division (C) of section 2919.21, division   335          

(B)(1) of section 2919.22, division (B) of section 2919.23, and    336          

section 2919.24 of the Revised Code and shall have as two of its   337          

primary goals the elimination of all unnecessary interviews of     338          

children who are the subject of reports made pursuant to division  339          

(A) or (B) of this section and, when feasible, providing for only  340          

one interview of a child who is the subject of any report made     341          

pursuant to division (A) or (B) of this section.  A failure to     342          

follow the procedure set forth in the memorandum by the concerned  344          

officials is not grounds for, and shall not result in, the         345          

dismissal of any charges or complaint arising from any reported    346          

case of abuse or neglect or the suppression of any evidence        347          

obtained as a result of any reported child abuse or child neglect  348          

and does not give, and shall not be construed as giving, any       349          

rights or any grounds for appeal or post-conviction relief to any  350          

person.                                                            351          

      (3)  A memorandum of understanding shall include all of the  353          

following:                                                         354          

      (a)  The roles and responsibilities for handling emergency   357          

and non-emergency cases of abuse and neglect;                      359          

      (b)  Standards and procedures to be used in handling and     361          

coordinating investigations of reported cases of child abuse and   362          

reported cases of child neglect, methods to be used in             363          

interviewing the child who is the subject of the report and who    364          

                                                          9      


                                                                 
allegedly was abused or neglected, and standards and procedures    365          

addressing the categories of persons who may interview the child   366          

who is the subject of the report and who allegedly was abused or   367          

neglected.                                                         368          

      (K)(1)  Except as provided in division (K)(4) of this        371          

section, a person who is required to make a report pursuant to     372          

division (A) of this section may make a reasonable number of       373          

requests of the public children services agency that receives or   374          

is referred the report to be provided with the following           376          

information:                                                                    

      (a)  Whether the agency has initiated an investigation of    379          

the report;                                                                     

      (b)  Whether the agency is continuing to investigate the     382          

report;                                                                         

      (c)  Whether the agency is otherwise involved with the       386          

child who is the subject of the report;                                         

      (d)  The general status of the health and safety of the      388          

child who is the subject of the report;                            389          

      (e)  Whether the report has resulted in the filing of a      391          

complaint in juvenile court or of criminal charges in another      392          

court.                                                             393          

      (2)  A person may request the information specified in       395          

division (K)(1) of this section only if, at the time the report    396          

is made, the person's name, address, and telephone number are      397          

provided to the person who receives the report.                                 

      When a municipal or county peace officer or employee of a    399          

public children services agency receives a report pursuant to      402          

division (A) or (B) of this section the recipient of the report    403          

shall inform the person of the right to request the information    405          

described in division (K)(1) of this section.  The recipient of                 

the report shall include in the initial child abuse or child       406          

neglect report that the person making the report was so informed   407          

and, if provided at the time of the making of the report, shall    408          

include the person's name, address, and telephone number in the    409          

                                                          10     


                                                                 
report.                                                                         

      Each request is subject to verification of the identity of   411          

the person making the report.  If that person's identity is        414          

verified, the agency shall provide the person with the             416          

information described in division (K)(1) of this section a         417          

reasonable number of times, except that the agency shall not                    

disclose any confidential information regarding the child who is   419          

the subject of the report other than the information described in  420          

those divisions.                                                                

      (3)  A request made pursuant to division (K)(1) of this      422          

section is not a substitute for any report required to be made     423          

pursuant to division (A) of this section.                          424          

      (4)  If an agency other than the agency that received or     427          

was referred the report is conducting the investigation of the     428          

report pursuant to section 2151.422 of the Revised Code, the       430          

agency conducting the investigation shall comply with the          431          

requirements of division (K) of this section.                      432          

      (L)  The department of human services shall adopt rules in   434          

accordance with Chapter 119. of the Revised Code to implement      437          

this section.  The department may enter into a plan of             439          

cooperation with any other governmental entity to aid in ensuring  440          

that children are protected from abuse and neglect.  The           441          

department shall make recommendations to the attorney general      442          

that the department determines are necessary to protect children   443          

from child abuse and child neglect.                                444          

      (M)  No later than the end of the day following the day on   447          

which a public children services agency receives a report of       448          

alleged child abuse or child neglect, or a report of an alleged    449          

threat of child abuse or child neglect, that allegedly occurred    450          

in or involved an out-of-home care entity, the agency shall        451          

provide written notice of the allegations contained in and the     453          

person named as the alleged perpetrator in the report to the       454          

administrator, director, or other chief administrative officer of  455          

the out-of-home care entity that is the subject of the report      456          

                                                          11     


                                                                 
unless the administrator, director, or other chief administrative  457          

officer is named as an alleged perpetrator in the report.  If the  458          

administrator, director, or other chief administrative officer of  459          

an out-of-home care entity is named as an alleged perpetrator in   460          

a report of alleged child abuse or child neglect, or a report of   461          

an alleged threat of child abuse or child neglect, that allegedly  462          

occurred in or involved the out-of-home care entity, the agency    463          

shall provide the written notice to the owner or governing board   465          

of the out-of-home care entity that is the subject of the report.  466          

The agency shall not provide witness statements or police or       468          

other investigative reports.                                                    

      (N)  No later than three days after the day on which a       471          

public children services agency that conducted the investigation   472          

as determined pursuant to section 2151.422 of the Revised Code     473          

makes a disposition of an investigation involving a report of      474          

alleged child abuse or child neglect, or a report of an alleged    475          

threat of child abuse or child neglect, that allegedly occurred    476          

in or involved an out-of-home care entity, the agency shall send   479          

written notice of the disposition of the investigation to the      480          

administrator, director, or other chief administrative officer     481          

and the owner or governing board of the out-of-home care entity.   482          

The agency shall not provide witness statements or police or       484          

other investigative reports.                                                    

      Sec. 5123.50.  AS USED IN THIS SECTION AND SECTIONS 5123.51  486          

AND 5123.52 OF THE REVISED CODE:                                   487          

      (A)  "ABUSE" MEANS ALL OF THE FOLLOWING:                     489          

      (1)  KNOWINGLY CAUSING PHYSICAL HARM OR RECKLESSLY CAUSING   491          

SERIOUS PHYSICAL HARM;                                             492          

      (2)  AN ACT THAT WOULD CONSTITUTE ONE OF THE OFFENSES        494          

DESCRIBED IN SECTIONS 2907.02, 2907.03, 2907.04, 2907.05,          495          

2907.06, 2907.07, 2913.02, AND 2913.04 OF THE REVISED CODE;        496          

      (3)  AN ACT THAT COULD RESULT IN A FINDING THAT A CHILD IS   498          

AN "ABUSED CHILD," AS DEFINED IN SECTION 2151.031 OF THE REVISED   499          

CODE.                                                              500          

                                                          12     


                                                                 
      (B)  "LICENSED HEALTH PROFESSIONAL" AND "MISAPPROPRIATION"   502          

HAVE THE SAME MEANINGS AS IN SECTION 3721.21 OF THE REVISED CODE.  503          

      (C)  "NEGLECT" MEANS ALL OF THE FOLLOWING:                   505          

      (1)  KNOWINGLY FAILING TO PROVIDE AN INDIVIDUAL WITH ANY     507          

TREATMENT, CARE, GOODS, OR SERVICES THAT ARE NECESSARY TO          508          

MAINTAIN THE HEALTH AND SAFETY OF THE INDIVIDUAL WHEN THE FAILURE  509          

RESULTS IN PHYSICAL HARM;                                          510          

      (2)  RECKLESSLY FAILING TO PROVIDE AN INDIVIDUAL ANY         512          

TREATMENT, CARE, GOODS, OR SERVICES WHEN THE FAILURE RESULTS IN    513          

SERIOUS PHYSICAL HARM;                                             514          

      (3)  AN ACT THAT COULD RESULT IN A FINDING THAT A CHILD IS   516          

A "NEGLECTED CHILD," AS DEFINED IN SECTION 2151.03 OF THE REVISED  517          

CODE.                                                              518          

      (D)  "MR/DD EMPLOYEE" MEANS ALL OF THE FOLLOWING:            520          

      (1)  AN EMPLOYEE OF THE DEPARTMENT OF MENTAL RETARDATION     522          

AND DEVELOPMENTAL DISABILITIES;                                    523          

      (2)  A "COUNTY BOARD WORKER" AS DEFINED IN SECTION 5126.35   525          

OF THE REVISED CODE;                                               526          

      (3)  AN "ICF/MR WORKER," AS DEFINED IN SECTION 5123.193 OF   528          

THE REVISED CODE;                                                  529          

      (4)  ANY OTHER INDIVIDUAL WHO OPERATES PROGRAMS OR PROVIDES  531          

SERVICES TO INDIVIDUALS WITH MENTAL RETARDATION OR DEVELOPMENTAL   532          

DISABILITIES.                                                      533          

      (E)  "PHYSICAL HARM" AND "SERIOUS PHYSICAL HARM" HAVE THE    535          

SAME MEANINGS AS IN SECTION 2901.01 OF THE REVISED CODE.           536          

      (F)  "PROVIDER" MEANS ANY PERSON OR GOVERNMENT ENTITY THAT   538          

OPERATES A PROGRAM OR PROVIDES A SERVICE TO INDIVIDUALS WITH       539          

MENTAL RETARDATION OR DEVELOPMENTAL DISABILITIES AND EMPLOYS OR    540          

CONTRACTS WITH MR/DD EMPLOYEES.                                    541          

      Sec. 5123.51.  (A)  IN ADDITION TO ANY OTHER ACTION          543          

REQUIRED BY SECTIONS 5123.61 AND 5126.31 OF THE REVISED CODE, THE  544          

DEPARTMENT OF MENTAL RETARDATION AND DEVELOPMENTAL DISABILITIES    545          

SHALL REVIEW EACH REPORT RECEIVED BY THE DEPARTMENT OF ABUSE OR    546          

NEGLECT OF AN INDIVIDUAL WITH MENTAL RETARDATION OR A              547          

                                                          13     


                                                                 
DEVELOPMENTAL DISABILITY OR MISAPPROPRIATION OF AN INDIVIDUAL'S    548          

PROPERTY THAT INCLUDES AN ALLEGATION THAT AN MR/DD EMPLOYEE        549          

COMMITTED OR WAS RESPONSIBLE FOR THE ABUSE, NEGLECT, OR            550          

MISAPPROPRIATION.                                                               

      (B)  THE DEPARTMENT SHALL MAKE FINDINGS REGARDING EACH       552          

ALLEGATION DESCRIBED IN DIVISION (A) OF THIS SECTION AFTER DOING   553          

BOTH OF THE FOLLOWING:                                             554          

      (1)  INVESTIGATING THE ALLEGATION AND DETERMINING WHETHER    556          

THERE IS A REASONABLE BASIS FOR IT OR ADOPTING THE FINDINGS OF AN  557          

INVESTIGATION CONDUCTED BY A COUNTY BOARD OF MENTAL RETARDATION    558          

AND DEVELOPMENTAL DISABILITIES;                                    559          

      (2)  GIVING NOTICE TO THE MR/DD EMPLOYEE NAMED IN THE        561          

ALLEGATION AND AFFORDING THE EMPLOYEE A REASONABLE OPPORTUNITY     562          

FOR A HEARING.                                                                  

      (C)  NOTICE TO THE MR/DD EMPLOYEE NAMED IN AN ALLEGATION     565          

SHALL BE GIVEN AND THE HEARING SHALL BE CONDUCTED PURSUANT TO      566          

RULES ADOPTED BY THE DIRECTOR OF MENTAL RETARDATION AND            567          

DEVELOPMENTAL DISABILITIES UNDER SECTION 5123.53 OF THE REVISED    568          

CODE.                                                                           

      FOR PURPOSES OF CONDUCTING A HEARING UNDER THIS SECTION,     570          

THE DEPARTMENT MAY ISSUE SUBPOENAS COMPELLING ATTENDANCE OF        571          

WITNESSES OR PRODUCTION OF DOCUMENTS.  THE SUBPOENAS SHALL BE      572          

SERVED IN THE SAME MANNER AS SUBPOENAS AND SUBPOENAS DUCES TECUM   573          

ISSUED FOR A TRIAL OF A CIVIL ACTION IN A COURT OF COMMON PLEAS.   574          

IF A PERSON WHO IS SERVED A SUBPOENA FAILS TO ATTEND A HEARING OR  575          

TO PRODUCE DOCUMENTS, OR REFUSES TO BE SWORN OR TO ANSWER ANY      576          

QUESTIONS, THE DEPARTMENT MAY APPLY TO THE COMMON PLEAS COURT OF   577          

THE COUNTY IN WHICH THE PERSON RESIDES, OR THE COUNTY IN WHICH     578          

THE MR/DD EMPLOYEE IS OPERATING PROGRAMS OR PROVIDING SERVICES TO  579          

INDIVIDUALS WITH MENTAL RETARDATION OR DEVELOPMENTAL               580          

DISABILITIES, FOR A CONTEMPT ORDER, AS IN THE CASE OF A FAILURE    581          

OF A PERSON WHO IS SERVED A SUBPOENA ISSUED BY THE COURT TO        582          

ATTEND OR TO PRODUCE DOCUMENTS OR A REFUSAL OF SUCH PERSON TO      583          

TESTIFY.                                                                        

                                                          14     


                                                                 
      (D)(1)  IF THE DEPARTMENT FINDS THAT AN MR/DD EMPLOYEE HAS   586          

ABUSED OR NEGLECTED AN INDIVIDUAL WITH MENTAL RETARDATION OR A                  

DEVELOPMENTAL DISABILITY OR MISAPPROPRIATED THE INDIVIDUAL'S       587          

PROPERTY, THE DEPARTMENT SHALL NOTIFY THE EMPLOYEE, THE PROVIDER   588          

WHO EMPLOYS OR CONTRACTS WITH THE MR/DD EMPLOYEE, AND THE          590          

ATTORNEY GENERAL, COUNTY PROSECUTOR, OR OTHER APPROPRIATE LAW      591          

ENFORCEMENT AGENCY.  THE DEPARTMENT SHALL, IN ACCORDANCE WITH                   

SECTION 5123.52 OF THE REVISED CODE, INCLUDE IN THE REGISTRY       594          

ESTABLISHED UNDER THAT SECTION A STATEMENT DETAILING THE FINDINGS               

PERTAINING TO THE INDIVIDUAL.  IF THE MR/DD EMPLOYEE IS A          595          

LICENSED HEALTH PROFESSIONAL, THE DEPARTMENT SHALL NOTIFY THE      597          

APPROPRIATE AGENCY, BOARD, DEPARTMENT, OR OTHER ENTITY             598          

RESPONSIBLE FOR REGULATING THE EMPLOYEE'S PROFESSIONAL PRACTICE.   599          

      (2)  AN MR/DD EMPLOYEE ABOUT WHOM A STATEMENT IS REQUIRED    601          

BY THIS DIVISION TO BE INCLUDED IN THE REGISTRY MAY PROVIDE THE    603          

DEPARTMENT WITH A STATEMENT DISPUTING THE DEPARTMENT'S FINDINGS    604          

AND EXPLAINING THE CIRCUMSTANCES OF THE ALLEGATION.  THE           605          

STATEMENT SHALL BE INCLUDED IN THE REGISTRY WITH THE DEPARTMENT'S  606          

FINDINGS.                                                                       

      (E)(1)  IF IT FINDS THAT AN ALLEGATION CANNOT BE             608          

SUBSTANTIATED, THE DEPARTMENT SHALL NOTIFY THE MR/DD EMPLOYEE AND  609          

EXPUNGE ALL FILES AND RECORDS OF THE INVESTIGATION AND THE         610          

HEARING BY DOING ALL OF THE FOLLOWING:                             611          

      (a)  REMOVING AND DESTROYING THE FILES AND RECORDS,          613          

ORIGINALS AND COPIES, AND DELETING ALL INDEX REFERENCES;           614          

      (b)  REPORTING TO THE MR/DD EMPLOYEE THE NATURE AND EXTENT   617          

OF ANY INFORMATION ABOUT THE EMPLOYEE TRANSMITTED TO ANY OTHER     618          

PERSON OR GOVERNMENT ENTITY BY THE DEPARTMENT;                     619          

      (c)  OTHERWISE ENSURING THAT ANY EXAMINATION OF FILES AND    621          

RECORDS IN QUESTION SHOW NO RECORD WHATEVER WITH RESPECT TO THE    622          

EMPLOYEE.                                                                       

      (2)  WHEN FILES AND RECORDS HAVE BEEN EXPUNGED UNDER         624          

DIVISION (E)(1) OF THIS SECTION, ALL RIGHTS AND PRIVILEGES ARE     626          

RESTORED, AND THE MR/DD EMPLOYEE, THE DEPARTMENT, AND ANY PERSON   627          

                                                          15     


                                                                 
OR GOVERNMENT ENTITY MAY PROPERLY REPLY TO AN INQUIRY THAT NO      628          

SUCH RECORD EXISTS AS TO THE MATTER EXPUNGED.                      629          

      Sec. 5123.52.  (A)  THE DEPARTMENT OF MENTAL RETARDATION     631          

AND DEVELOPMENTAL DISABILITIES SHALL ESTABLISH A REGISTRY OF       632          

MR/DD EMPLOYEES FOUND BY THE DEPARTMENT TO HAVE ENGAGED IN ABUSE   633          

OR NEGLECT OF AN INDIVIDUAL WITH MENTAL RETARDATION OR A           635          

DEVELOPMENTAL DISABILITY OR MISAPPROPRIATION OF THE INDIVIDUAL'S   636          

PROPERTY.                                                                       

      (B)  THE REGISTRY SHALL INCLUDE BOTH OF THE FOLLOWING:       638          

      (1)  THE STATEMENT DESCRIBED IN DIVISION (D)(1) OF SECTION   640          

5123.51 OF THE REVISED CODE DETAILING FINDINGS BY THE DEPARTMENT   641          

UNDER THAT SECTION REGARDING ALLEGED ABUSE OR NEGLECT OF AN        642          

INDIVIDUAL WITH MENTAL RETARDATION OR A DEVELOPMENTAL DISABILITY   643          

OR MISAPPROPRIATION OF THE INDIVIDUAL'S PROPERTY;                  644          

      (2)  ANY STATEMENT PROVIDED BY THE MR/DD EMPLOYEE UNDER      646          

DIVISION (D)(2) OF SECTION 5123.51 OF THE REVISED CODE.            648          

      (C)  WHENEVER AN INQUIRY IS RECEIVED AS TO THE INFORMATION   650          

CONTAINED IN THE REGISTRY CONCERNING AN MR/DD EMPLOYEE ABOUT WHOM  651          

A STATEMENT DESCRIBED IN DIVISION (D)(1) OF SECTION 5123.51 OF     652          

THE REVISED CODE IS INCLUDED IN THE REGISTRY, THE DEPARTMENT       654          

SHALL DISCLOSE THE STATEMENT OR A SUMMARY OF THE STATEMENT AND     655          

ANY STATEMENT OR SUMMARY OF THE STATEMENT DESCRIBED IN DIVISION    656          

(D)(2) OF THAT SECTION.  IF THERE IS NO STATEMENT REGARDING THE                 

MR/DD EMPLOYEE IN THE REGISTRY, THE DEPARTMENT SHALL INFORM THE    657          

PERSON MAKING THE INQUIRY THAT THERE IS NO STATEMENT.              658          

      (D)  NO PROVIDER SHALL USE AN INDIVIDUAL AS AN MR/DD         660          

EMPLOYEE FOR MORE THAN FOUR MONTHS UNLESS THE PROVIDER HAS         662          

RECEIVED FROM THE REGISTRY THE INFORMATION CONCERNING THE          663          

INDIVIDUAL THAT IS CONTAINED IN THE REGISTRY.  NEITHER THE         664          

DEPARTMENT NOR ANY COUNTY BOARD OF MENTAL RETARDATION AND                       

DEVELOPMENTAL DISABILITIES MAY ENTER INTO A NEW CONTRACT OR RENEW  665          

A CONTRACT WITH A PROVIDER WHO FAILS TO COMPLY WITH THIS DIVISION  666          

UNTIL THE DEPARTMENT OR BOARD IS SATISFIED THAT THE PROVIDER WILL  667          

COMPLY.                                                                         

                                                          16     


                                                                 
      (E)  INFORMATION CONTAINED IN THE REGISTRY IS A PUBLIC       669          

RECORD FOR THE PURPOSES OF SECTION 149.43 OF THE REVISED CODE AND  670          

IS SUBJECT TO INSPECTION AND COPYING UNDER SECTION 1347.08 OF THE  671          

REVISED CODE.                                                      673          

      Sec. 5123.53.  THE DIRECTOR OF MENTAL RETARDATION AND        675          

DEVELOPMENTAL DISABILITIES SHALL ADOPT RULES UNDER CHAPTER 119.    677          

OF THE REVISED CODE TO IMPLEMENT SECTIONS 5123.51 AND 5123.52 OF   678          

THE REVISED CODE, INCLUDING RULES PRESCRIBING REQUIREMENTS FOR     679          

THE NOTICE AND HEARING REQUIRED UNDER SECTION 5123.51 OF THE       680          

REVISED CODE.  THE NOTICE AND HEARING REQUIRED UNDER THAT SECTION  681          

ARE NOT SUBJECT TO CHAPTER 119. OF THE REVISED CODE; HOWEVER, THE  682          

RULES MAY PROVIDE FOR THE NOTICE TO BE PROVIDED AND THE HEARING    683          

TO BE CONDUCTED IN ACCORDANCE WITH THAT CHAPTER.                   684          

      Sec. 5123.61.  (A)  As used in this section:                 693          

      (1)  "Mentally retarded or developmentally disabled adult"   695          

means a person who is eighteen years of age or older and is a      696          

mentally retarded or developmentally disabled person.              697          

      (2)  "Law enforcement agency" means the state highway        699          

patrol, the police department of a municipal corporation, or a     700          

county sheriff.                                                    701          

      (B)  The department of mental retardation and developmental  703          

disabilities shall establish a registry office for the purpose of  704          

maintaining reports of abuse and neglect made to the department    705          

under this section and reports received from county boards of      706          

mental retardation and developmental disabilities under section    707          

5126.31 of the Revised Code.                                       708          

      (C)(1)  Any person listed in division (C)(2) of this         710          

section, having reason to believe that a mentally retarded or      711          

developmentally disabled adult has suffered any wound, injury,     712          

disability, or condition of such a nature as to reasonably         713          

indicate abuse or neglect of that adult, shall immediately report  714          

or cause reports to be made of such information to a law           715          

enforcement agency or to the county board of mental retardation    716          

and developmental disabilities, except that if the report          717          

                                                          17     


                                                                 
concerns a resident of a facility operated by the department of    718          

mental retardation and developmental disabilities the report       719          

shall be made either to a law enforcement agency or to the         720          

department.                                                        721          

      (2)  All of the following persons are required to make a     723          

report under division (C)(1) of this section:                      724          

      (a)  Any physician, including a hospital intern or           726          

resident, any dentist, podiatrist, chiropractor, practitioner of   727          

a limited branch of medicine as specified in section 4731.15 of    730          

the Revised Code, hospital administrator or employee of a          731          

hospital, nurse licensed under Chapter 4723. of the Revised Code,  732          

employee of an ambulatory health facility as defined in section    733          

5101.61 of the Revised Code, employee of a home health agency,     734          

employee of an adult care facility licensed under Chapter 3722.    735          

of the Revised Code, or employee of a community mental health                   

facility;                                                          736          

      (b)  Any school teacher or school authority, social worker,  738          

psychologist, attorney, peace officer, coroner, clergyman, or      739          

residents' rights advocate as defined in section 3721.10 of the    740          

Revised Code;                                                      741          

      (c)  A superintendent, board member, or employee of a        743          

county board of mental retardation and developmental               744          

disabilities; an administrator, board member, or employee of a     745          

residential facility licensed under section 5123.19 of the         746          

Revised Code; or an administrator, board member, or employee of    747          

any other public or private provider of services to a mentally     748          

retarded or developmentally disabled adult;                        749          

      (d)  A member of a citizen's advisory council established    751          

at an institution or branch institution of the department of       752          

mental retardation and developmental disabilities under section    753          

5123.092 of the Revised Code;                                      754          

      (e)  A person who, while acting in an official or            756          

professional capacity, renders spiritual treatment through prayer  758          

in accordance with the tenets of an organized religion.                         

                                                          18     


                                                                 
      (3)  The reporting requirements of this division do not      760          

apply to members of the legal rights service commission or to      761          

employees of the legal rights service.                             762          

      (D)  The reports required under division (C) of this         764          

section shall be made forthwith by telephone or in person and      765          

shall be followed by a written report.  The reports shall contain  766          

the following:                                                     767          

      (1)  The names and addresses of the mentally retarded or     769          

developmentally disabled adult and the adult's custodian, if       770          

known;                                                                          

      (2)  The mentally retarded or developmentally disabled       772          

adult's age and the nature and extent of the adult's injuries or   773          

physical neglect, including any evidence of previous injuries or   774          

physical neglect;                                                  775          

      (3)  Any other information which might be helpful in         777          

establishing the cause of the injury, abuse, or physical neglect.  778          

      (E)  When a physician performing services as a member of     780          

the staff of a hospital or similar institution has reason to       781          

believe that a mentally retarded or developmentally disabled       782          

adult has suffered injury, abuse, or physical neglect, the         783          

physician shall notify the person in charge of the institution or  784          

that person's designated delegate, who shall make the necessary    785          

reports.                                                                        

      (F)  Any person having reasonable cause to believe that a    787          

mentally retarded or developmentally disabled adult has suffered   788          

abuse or neglect may report the belief, or cause a report to be    789          

made, to a law enforcement agency or the county board of mental    790          

retardation and developmental disabilities, or, if the adult is a  791          

resident of a facility operated by the department of mental        792          

retardation and developmental disabilities, to a law enforcement   793          

agency or to the department.                                       794          

      (G)(1)  Upon the receipt of a report concerning the          796          

possible nonaccidental infliction of a physical injury upon a      797          

mentally retarded or developmentally disabled adult, the law       798          

                                                          19     


                                                                 
enforcement agency shall inform the county board of mental         799          

retardation and developmental disabilities or, if the adult is a   800          

resident of a facility operated by the department of mental        801          

retardation and developmental disabilities, the director of the    802          

department or the director's designee.                             803          

      (2)  On receipt of a report under this section THAT          805          

INCLUDES AN ALLEGATION OF ABUSE OR NEGLECT, AS DESCRIBED IN        806          

DIVISION (A)(1) OR (2) OR (C)(1) OR (2) OF SECTION 5123.50 OF THE  807          

REVISED CODE, the department of mental retardation and             808          

developmental disabilities shall notify the law enforcement        809          

agency.                                                                         

      (3)  When a county board of mental retardation and           811          

developmental disabilities receives a report under this section    812          

THAT INCLUDES AN ALLEGATION OF ABUSE OR NEGLECT, AS DESCRIBED IN   813          

DIVISION (A)(1) OR (2) OR (C)(1) OR (2) OF SECTION 5123.50 OF THE  814          

REVISED CODE, the superintendent of the board or an individual     815          

the superintendent designates under division (H) of this section   817          

shall notify the law enforcement agency and the department of      818          

mental retardation and developmental disabilities.                 819          

      (H)  The superintendent of the board may designate an        821          

individual to be responsible for notifying the law enforcement     822          

agency and the department when the county board receives a report  823          

under this section.                                                824          

      (I)  A mentally retarded or developmentally disabled adult   826          

about whom a report is made may be removed from the adult's place  827          

of residence only by law enforcement officers who consider that    828          

the adult's immediate removal is essential to protect the adult    829          

from further injury or abuse or in accordance with the order of a  830          

court made pursuant to section 5126.33 of the Revised Code.        831          

      (J)  A law enforcement agency shall investigate each report  833          

of abuse or neglect made under this section.  In addition, the     834          

department, in cooperation with law enforcement officials, shall   835          

investigate each report regarding a resident of a facility         836          

operated by the department to determine the circumstances          837          

                                                          20     


                                                                 
surrounding the injury, the cause of the injury, and the person    838          

responsible.  The department shall determine, with the registry    839          

office which shall be maintained by the department, whether prior  840          

reports have been made concerning the mentally retarded or         841          

developmentally disabled adult or other principals in the case.    842          

The department shall submit a report of its investigation, in      843          

writing, to the law enforcement agency, and with the consent of    844          

the adult, shall provide such protective services as are           845          

necessary to protect the adult.  The law enforcement agency shall  846          

make a written report of its findings to the department.           847          

      If the adult is not a resident of a facility operated by     849          

the department, the county board of mental retardation and         850          

developmental disabilities shall review the report of abuse or     851          

neglect in accordance with sections 5126.30 to 5126.33 of the      852          

Revised Code and the law enforcement agency shall make the         853          

written report of its findings to the county board.                854          

      (K)  Any person or any hospital, institution, school,        856          

health department, or agency participating in the making of        857          

reports pursuant to this section, any person participating as a    858          

witness in an administrative or judicial proceeding resulting      859          

from the reports, or any person or governmental entity that        860          

discharges responsibilities under sections 5126.31 to 5126.33 of   861          

the Revised Code shall be immune from any civil or criminal        862          

liability that might otherwise be incurred or imposed as a result  863          

of such actions except liability for perjury, unless the person    864          

or governmental entity has acted in bad faith or with malicious    865          

purpose.                                                           866          

      (L)  No employer or any person with the authority to do so   868          

shall discharge, demote, transfer, prepare a negative work         869          

performance evaluation, reduce pay or benefits, terminate work     870          

privileges, or take any other action detrimental to an employee    871          

or retaliate against an employee as a result of the employee's     872          

having made a report under this section.  This division does not   873          

preclude an employer or person with authority from taking action   874          

                                                          21     


                                                                 
with regard to an employee who has made a report under this        875          

section if there is another reasonable basis for the action.       876          

      (M)  Reports made under this section are not public records  878          

as defined in section 149.43 of the Revised Code.  Information     879          

contained in the reports on request shall be made available to     880          

the adult who is the subject of the report, to the adult's legal   881          

counsel, and to agencies authorized to receive information in the  883          

report by the department or by a county board of mental            884          

retardation and developmental disabilities.                        885          

      (N)  Notwithstanding section 4731.22 of the Revised Code,    887          

the physician-patient privilege shall not be a ground for          888          

excluding evidence regarding a mentally retarded or                889          

developmentally disabled adult's injuries or physical neglect or   890          

the cause thereof in any judicial proceeding resulting from a      891          

report submitted pursuant to this section.                         892          

      Sec. 5126.30.  As used in sections 5126.30 to 5126.33 of     901          

the Revised Code:                                                  902          

      (A)  "Mentally retarded or developmentally disabled adult"   904          

and "adult" mean a person eighteen years of age or older who is    905          

developmentally disabled or mentally retarded.                     906          

      (B)  "Caretaker" means a person who is responsible for the   908          

care of an adult by order of a court, including an order of        909          

guardianship, or who assumes the responsibility for the care of    910          

an adult as a volunteer, as a family member, by contract, or by    911          

the acceptance of payment for care.                                912          

      (C)  "Abuse" means any of the following:                     914          

      (1)  An act, or a failure to act, that results or could      916          

result in emotional or physical injury to an adult, unless the     917          

act is done in self-defense or by accident;                        918          

      (2)  An act that constitutes "sexual activity" as defined    920          

in section 2907.01 HAS THE SAME MEANING AS IN SECTION 5123.50 of   923          

the Revised Code and would constitute an offense under Chapter     924          

2907., EXCEPT THAT IT INCLUDES A MISAPPROPRIATION, AS DEFINED IN   925          

SECTION 3721.21 of the Revised Code;                               926          

                                                          22     


                                                                 
      (3)  Insulting or coarse language or gestures directed       928          

toward an adult that subject him to humiliation or degradation;    930          

      (4)  An act that deprives an adult of real or personal       932          

property by fraudulent or illegal means.                           933          

      (D)  "Neglect" means the failure of an adult or a caretaker  935          

to provide goods and services necessary for the adult to avoid     936          

physical harm HAS THE SAME MEANING AS IN SECTION 5123.50 OF THE    938          

REVISED CODE.                                                                   

      (E)  "Working day" means Monday, Tuesday, Wednesday,         940          

Thursday, or Friday, except when that day is a holiday as defined  941          

in section 1.14 of the Revised Code.                               942          

      (F)  "Incapacitated" means lacking understanding or          944          

capacity, with or without the assistance of a caretaker, to make   945          

and carry out decisions regarding food, clothing, shelter, health  946          

care, or other necessities, but does not include mere refusal to   947          

consent to the provision of services.                              948          

      Sec. 5126.31.  (A)  A county board of mental retardation     957          

and developmental disabilities shall review reports of abuse and   958          

neglect made under section 5123.61 of the Revised Code and         959          

reports referred to it under section 5101.611 of the Revised Code  960          

to determine whether the person who is the subject of the report   961          

is a mentally retarded or developmentally disabled adult in need   962          

of services to deal with the abuse or neglect.  The board shall    963          

give notice of each report to the registry office of the           964          

department of mental retardation and developmental disabilities    965          

established pursuant to section 5123.61 of the Revised Code on     966          

the first working day after receipt of the report.  If the report  967          

alleges that there is a substantial risk to the adult of           968          

immediate physical harm or death, the board shall initiate review  969          

within twenty-four hours of its receipt of the report.  If the     970          

board determines that the person is sixty years of age or older    971          

but is not mentally retarded or developmentally disabled, it       972          

shall refer the case to the county department of human services.   973          

If the board determines that the person is a mentally retarded or  974          

                                                          23     


                                                                 
developmentally disabled adult, it shall continue its review of    975          

the case.                                                          976          

      (B)  For each review over which the board retains            978          

responsibility under division (A) of this section, it shall do     979          

all of the following:                                              980          

      (1)  Give both written and oral notice of the purpose of     982          

the review to the adult and, if any, to his THE ADULT'S legal      983          

counsel or caretaker, in simple and clear language;                985          

      (2)  Visit the adult, in his THE ADULT'S residence if        987          

possible, and explain the notice given under division (B)(1) of    989          

this section;                                                                   

      (3)  Request from the registry office any prior reports      991          

concerning the adult or other principals in the case;              992          

      (4)  Consult, if feasible, with the person who made the      994          

report under section 5101.61 or 5123.61 of the Revised Code and    995          

with any agencies or persons who have information about the        996          

alleged abuse or neglect;                                          997          

      (5)  Cooperate fully with the law enforcement agency         999          

responsible for investigating the report and for filing any        1,000        

resulting criminal charges and, on request, turn over evidence to  1,001        

the agency;                                                        1,002        

      (6)  Determine whether the adult needs services, and         1,004        

prepare a written report stating reasons for the determination.    1,005        

No adult shall be determined to be abused, neglected, or in need   1,006        

of services for the sole reason that, in lieu of medical           1,007        

treatment, he THE ADULT relies on or is being furnished spiritual  1,009        

treatment through prayer alone in accordance with the tenets and   1,010        

practices of a church or religious denomination of which he THE    1,011        

ADULT is a member or adherent.                                     1,013        

      (C)  The board shall arrange for the provision of services   1,015        

for the prevention, correction or discontinuance of abuse or       1,016        

neglect or of a condition resulting from abuse or neglect for any  1,017        

adult who has been determined to need the services and consents    1,018        

to receive them.  These services may include, but are not limited  1,019        

                                                          24     


                                                                 
to, case management, fiscal management, medical, mental health,    1,020        

home health care, homemaker, legal, and residential services and   1,021        

the provision of temporary accommodations and necessities such as  1,022        

food and clothing.  The services do not include acting as a        1,023        

guardian, trustee, or protector as defined in section 5123.55 of   1,024        

the Revised Code.  If the provision of residential services would  1,025        

require expenditures by the department of mental retardation and   1,026        

developmental disabilities, the board shall obtain the approval    1,027        

of the department prior to arranging the residential services.     1,028        

      To arrange services, the board shall:                        1,030        

      (1)  Develop an individual INDIVIDUALIZED service plan       1,032        

identifying the types of services required for the adult, the      1,033        

goals for the services, and the persons or agencies that will      1,034        

provide them;                                                      1,035        

      (2)  In accordance with rules established by the director    1,037        

of mental retardation and developmental disabilities, obtain the   1,038        

consent of the adult or his THE ADULT'S guardian to the provision  1,040        

of any of these services and obtain the signature of the adult or  1,041        

guardian on the individual service plan.  An adult who has been    1,042        

found incompetent under Chapter 2111. of the Revised Code may      1,043        

consent to services.  If the board is unable to obtain consent,    1,044        

it may seek, if the adult is incapacitated, a court order          1,045        

pursuant to section 5126.33 of the Revised Code authorizing the    1,046        

board to arrange these services.                                   1,047        

      (D)  The board shall ensure that the adult receives the      1,049        

services arranged by the board from the provider and shall have    1,050        

the services terminated if the adult withdraws consent.            1,051        

      (E)  On completion of a review, the board shall submit a     1,053        

written report to the law enforcement agency responsible for       1,054        

investigating the report and to the registry office ESTABLISHED    1,055        

UNDER SECTION 5123.61 OF THE REVISED CODE.  IF THE REPORT          1,056        

INCLUDES A FINDING THAT A MENTALLY RETARDED OR DEVELOPMENTALLY     1,057        

DISABLED ADULT IS A VICTIM OF ABUSE OR NEGLECT, AS DESCRIBED IN    1,058        

DIVISION (A)(1) OR (2) OR (C)(1) OR (2) OF SECTION 5123.50 OF THE  1,059        

                                                          25     


                                                                 
REVISED CODE, THE BOARD SHALL SUBMIT THE REPORT TO THE LAW                      

ENFORCEMENT AGENCY RESPONSIBLE FOR INVESTIGATING THE REPORT.       1,060        

Reports prepared under this section are not public records as      1,061        

defined in section 149.43 of the Revised Code.                     1,062        

      (F)  The board shall provide comprehensive formal training   1,064        

for employees and other persons authorized to implement the        1,065        

requirements of this section.                                      1,066        

      Section 2.  That existing sections 2151.421, 5123.61,        1,068        

5126.30, and 5126.31 of the Revised Code are hereby repealed.      1,069        

      Section 3.  Section 2151.421 of the Revised Code is          1,071        

presented in this act as a composite of the section as amended by  1,072        

both Sub. H.B. 606 and Am. S.B. 212 of the 122nd General           1,073        

Assembly, with the new language of neither of the acts shown in    1,075        

capital letters.  This is in recognition of the principle stated   1,076        

in division (B) of section 1.52 of the Revised Code that such      1,077        

amendments are to be harmonized where not substantively            1,078        

irreconcilable and constitutes a legislative finding that such is  1,079        

the resulting version in effect prior to the effective date of     1,080        

this act.