As Reported by the Senate Health, Human Services 2
and Aging Committee 2
123rd General Assembly 5
Regular Session Sub. S. B. No. 171 6
1999-2000 7
SENATORS SPADA-GARDNER-KEARNS-DRAKE-PRENTISS-JOHNSON-FINGERHUT 9
_________________________________________________________________ 11
A B I L L
To amend sections 5123.61, 5126.28, 5126.30, 13
5126.31, 5126.32, and 5126.33 and to enact 14
sections 5123.50 to 5123.54 of the Revised Code
to establish a registry of persons found by the 15
Department of Mental Retardation and 16
Developmental Disabilities to have abused or
neglected an individual with mental retardation 17
or a developmental disability, to prohibit 18
employment of such persons in certain positions,
to limit the types of abuse and neglect reports 20
that are referred to law enforcement agencies,
and to authorize the Director of Mental 21
Retardation and Developmental Disabilities to
adopt rules regarding mandatory reporting of 22
certain incidents.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 24
Section 1. That sections 5123.61, 5126.28, 5126.30, 26
5126.31, 5126.32, and 5126.33 be amended and sections 5123.50, 27
5123.51, 5123.52, 5123.53, and 5123.54 of the Revised Code be 29
enacted to read as follows:
Sec. 5123.50. AS USED IN THIS SECTION AND SECTIONS 5123.51 31
AND 5123.52 OF THE REVISED CODE: 32
(A) "ABUSE" MEANS ALL OF THE FOLLOWING: 34
(1) THE USE OF PHYSICAL FORCE THAT CAN REASONABLY BE 36
EXPECTED TO RESULT IN PHYSICAL HARM OR SERIOUS PHYSICAL HARM; 37
2
(2) SEXUAL ABUSE; 39
(3) VERBAL ABUSE. 41
(B) "DIRECT SERVICES POSITION" MEANS AN EMPLOYMENT 43
POSITION IN WHICH THE EMPLOYEE HAS PHYSICAL CONTACT WITH, THE 45
OPPORTUNITY TO BE ALONE WITH, OR EXERCISES SUPERVISION OR CONTROL 46
OVER ONE OR MORE INDIVIDUALS WITH MENTAL RETARDATION OR A 47
DEVELOPMENTAL DISABILITY.
(C) "MISAPPROPRIATION" MEANS DEPRIVING, DEFRAUDING, OR 49
OTHERWISE OBTAINING THE REAL OR PERSONAL PROPERTY OF AN 50
INDIVIDUAL BY ANY MEANS PROHIBITED BY THE REVISED CODE, INCLUDING 51
VIOLATIONS OF CHAPTER 2911. OR 2913. OF THE REVISED CODE. 52
(D) "MR/DD EMPLOYEE" MEANS ALL OF THE FOLLOWING: 54
(1) AN EMPLOYEE OF THE DEPARTMENT OF MENTAL RETARDATION 56
AND DEVELOPMENTAL DISABILITIES; 57
(2) AN EMPLOYEE OF A COUNTY BOARD OF MENTAL RETARDATION 59
AND DEVELOPMENTAL DISABILITIES; 60
(3) AN "ICF/MR WORKER," AS DEFINED IN SECTION 5123.193 OF 62
THE REVISED CODE; 63
(4) AN INDIVIDUAL WHO IS EMPLOYED IN A POSITION THAT 65
INCLUDES PROVIDING SPECIALIZED SERVICES TO AN INDIVIDUAL WITH 67
MENTAL RETARDATION OR A DEVELOPMENTAL DISABILITY;
(5) ANY OTHER INDIVIDUAL WHO IS EMPLOYED IN A DIRECT 69
SERVICES POSITION. 70
(E) "NEGLECT" MEANS, WHEN THERE IS A DUTY TO DO SO, 72
FAILING TO PROVIDE AN INDIVIDUAL WITH ANY TREATMENT, CARE, GOODS, 74
OR SERVICES THAT ARE NECESSARY TO MAINTAIN THE HEALTH AND SAFETY 75
OF THE INDIVIDUAL.
(F) "PHYSICAL HARM" AND "SERIOUS PHYSICAL HARM" HAVE THE 77
SAME MEANINGS AS IN SECTION 2901.01 OF THE REVISED CODE. 78
(G) "PROVIDER" MEANS ANY PERSON OR GOVERNMENT ENTITY THAT 80
OPERATES A PROGRAM OR PROVIDES A SERVICE TO INDIVIDUALS WITH 81
MENTAL RETARDATION OR DEVELOPMENTAL DISABILITIES AND EMPLOYS OR 82
CONTRACTS WITH MR/DD EMPLOYEES. 83
(H) "SEXUAL ABUSE" MEANS UNLAWFUL SEXUAL CONDUCT OR SEXUAL 85
3
CONTACT, AS THOSE TERMS ARE DEFINED IN SECTION 2907.01 OF THE 86
REVISED CODE.
(I) "SPECIALIZED SERVICES" MEANS ANY PROGRAM OR SERVICE 88
DESIGNED AND OPERATED TO SERVE PRIMARILY INDIVIDUALS WITH MENTAL 89
RETARDATION OR A DEVELOPMENTAL DISABILITY, INCLUDING A PROGRAM OR 91
SERVICE PROVIDED BY AN ENTITY LICENSED OR CERTIFIED BY THE 92
DEPARTMENT OF MENTAL RETARDATION AND DEVELOPMENTAL DISABILITIES. 93
A PROGRAM OR SERVICE AVAILABLE TO THE GENERAL PUBLIC IS NOT A 94
SPECIALIZED SERVICE.
(J) "VERBAL ABUSE" MEANS PURPOSELY USING WORDS TO 96
THREATEN, COERCE, INTIMIDATE, HARASS, OR HUMILIATE AN INDIVIDUAL. 97
Sec. 5123.51. (A) IN ADDITION TO ANY OTHER ACTION 99
REQUIRED BY SECTIONS 5123.61 AND 5126.31 OF THE REVISED CODE, THE 100
DEPARTMENT OF MENTAL RETARDATION AND DEVELOPMENTAL DISABILITIES 101
SHALL REVIEW EACH REPORT THE DEPARTMENT RECEIVES OF ABUSE OR 102
NEGLECT OF AN INDIVIDUAL WITH MENTAL RETARDATION OR A 103
DEVELOPMENTAL DISABILITY OR MISAPPROPRIATION OF AN INDIVIDUAL'S 104
PROPERTY THAT INCLUDES AN ALLEGATION THAT AN MR/DD EMPLOYEE 105
COMMITTED OR WAS RESPONSIBLE FOR THE ABUSE, NEGLECT, OR 106
MISAPPROPRIATION. THE DEPARTMENT SHALL REVIEW A REPORT IT 107
RECEIVES FROM A PUBLIC CHILDREN SERVICES AGENCY ONLY AFTER THE
AGENCY COMPLETES ITS INVESTIGATION PURSUANT TO SECTION 2151.421 108
OF THE REVISED CODE. 109
(B) THE DEPARTMENT SHALL MAKE FINDINGS REGARDING EACH 111
ALLEGATION DESCRIBED IN DIVISION (A) OF THIS SECTION AFTER DOING 112
BOTH OF THE FOLLOWING: 113
(1) INVESTIGATING THE ALLEGATION AND DETERMINING WHETHER 115
THERE IS A REASONABLE BASIS FOR IT OR ADOPTING THE FINDINGS OF AN 116
INVESTIGATION OR REVIEW CONDUCTED BY ANOTHER PERSON OR GOVERNMENT 117
ENTITY;
(2) IF THE DEPARTMENT DETERMINES THAT THERE IS A 119
REASONABLE BASIS FOR THE ALLEGATION, CONDUCTING AN ADJUDICATION 120
PURSUANT TO CHAPTER 119. OF THE REVISED CODE. 121
(C) THE DEPARTMENT SHALL APPOINT AN INDEPENDENT HEARING 124
4
OFFICER TO CONDUCT ANY HEARING CONDUCTED PURSUANT TO DIVISION 125
(B)(2) OF THIS SECTION. NO HEARING SHALL BE CONDUCTED UNDER 126
DIVISION (B)(2) OF THIS SECTION UNTIL ANY CRIMINAL PROCEEDING OR 127
COLLECTIVE BARGAINING ARBITRATION CONCERNING THE SAME ALLEGATION
HAS CONCLUDED. 128
(D)(1) UNLESS THE DIRECTOR OF MENTAL RETARDATION AND 130
DEVELOPMENTAL DISABILITIES DETERMINES THAT THERE ARE EXTENUATING 132
CIRCUMSTANCES AND EXCEPT AS PROVIDED IN DIVISION (D)(4) OF THIS 133
SECTION, THE DIRECTOR SHALL INCLUDE IN THE REGISTRY ESTABLISHED 134
UNDER SECTION 5123.52 OF THE REVISED CODE THE NAME OF AN MR/DD 135
EMPLOYEE THAT THE DIRECTOR DETERMINES BY CLEAR AND CONVINCING 136
EVIDENCE HAS MISAPPROPRIATED THE PROPERTY OF AN INDIVIDUAL WITH 138
MENTAL RETARDATION OR A DEVELOPMENTAL DISABILITY OR HAS DONE ANY 139
OF THE FOLLOWING:
(a) KNOWINGLY ABUSED OR NEGLECTED SUCH AN INDIVIDUAL; 142
(b) RECKLESSLY ABUSED OR NEGLECTED SUCH AN INDIVIDUAL, 144
WITH RESULTING PHYSICAL HARM; 145
(c) NEGLIGENTLY ABUSED OR NEGLECTED SUCH AN INDIVIDUAL, 147
WITH RESULTING SERIOUS PHYSICAL HARM. 148
(2) EXTENUATING CIRCUMSTANCES THE DIRECTOR MUST CONSIDER 150
INCLUDE THE USE OF PHYSICAL FORCE BY AN MR/DD EMPLOYEE THAT WAS 151
NECESSARY AS SELF-DEFENSE. 152
(3) IF THE DIRECTOR INCLUDES AN MR/DD EMPLOYEE IN THE 155
REGISTRY ESTABLISHED UNDER SECTION 5123.52 OF THE REVISED CODE,
THE DIRECTOR SHALL NOTIFY THE EMPLOYEE, THE PROVIDER WHO EMPLOYS 156
OR CONTRACTS WITH THE EMPLOYEE, THE INDIVIDUAL WITH MENTAL 157
RETARDATION OR A DEVELOPMENTAL DISABILITY WHO WAS THE SUBJECT OF 158
THE REPORT AND THAT INDIVIDUAL'S LEGAL GUARDIAN, IF ANY, THE 159
ATTORNEY GENERAL, AND THE PROSECUTING ATTORNEY OR OTHER LAW 161
ENFORCEMENT AGENCY. IF THE MR/DD EMPLOYEE HOLDS A LICENSE, 162
CERTIFICATE, REGISTRATION, OR OTHER AUTHORIZATION TO ENGAGE IN A 163
PROFESSION ISSUED PURSUANT TO TITLE XLVII OF THE REVISED CODE, 165
THE DIRECTOR SHALL NOTIFY THE APPROPRIATE AGENCY, BOARD, 166
DEPARTMENT, OR OTHER ENTITY RESPONSIBLE FOR REGULATING THE 168
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EMPLOYEE'S PROFESSIONAL PRACTICE.
(4) THE DIRECTOR SHALL NOT INCLUDE IN THE REGISTRY AN 170
INDIVIDUAL WHO HAS BEEN FOUND NOT GUILTY BY A COURT OR JURY OF AN 171
OFFENSE ARISING FROM THE SAME FACTS. 172
(E) FILES AND RECORDS OF INVESTIGATIONS CONDUCTED PURSUANT 174
TO THIS SECTION ARE NOT PUBLIC RECORDS AS DEFINED IN SECTION 176
149.43 OF THE REVISED CODE, BUT, ON REQUEST, THE DEPARTMENT SHALL 177
PROVIDE COPIES OF THOSE FILES AND RECORDS TO THE ATTORNEY 178
GENERAL, A PROSECUTING ATTORNEY, OR A LAW ENFORCEMENT AGENCY. 179
Sec. 5123.52. (A) THE DEPARTMENT OF MENTAL RETARDATION 181
AND DEVELOPMENTAL DISABILITIES SHALL ESTABLISH A REGISTRY OF 182
MR/DD EMPLOYEES CONSISTING OF THE NAMES OF MR/DD EMPLOYEES 183
INCLUDED IN THE REGISTRY PURSUANT TO SECTION 5123.51 OF THE 184
REVISED CODE.
(B) BEFORE A PROVIDER HIRES, CONTRACTS WITH, OR EMPLOYS AN 187
INDIVIDUAL AS AN MR/DD EMPLOYEE, THE PROVIDER SHALL INQUIRE 188
WHETHER THE INDIVIDUAL IS INCLUDED IN THE REGISTRY. 189
(C) WHEN IT RECEIVES AN INQUIRY REGARDING WHETHER AN 191
INDIVIDUAL IS INCLUDED IN THE REGISTRY, THE DEPARTMENT SHALL 192
INFORM THE PERSON MAKING THE INQUIRY WHETHER THE INDIVIDUAL IS 193
INCLUDED IN THE REGISTRY. 194
(D)(1) EXCEPT AS OTHERWISE PROVIDED IN A COLLECTIVE 196
BARGAINING AGREEMENT ENTERED INTO UNDER CHAPTER 4117. OF THE 197
REVISED CODE THAT IS IN EFFECT ON THE EFFECTIVE DATE OF THIS 199
SECTION, NO PERSON OR GOVERNMENT ENTITY SHALL HIRE, CONTRACT 200
WITH, OR EMPLOY AS AN MR/DD EMPLOYEE AN INDIVIDUAL WHO IS 202
INCLUDED IN THE REGISTRY. NOTWITHSTANDING SECTIONS 4117.08 AND
4117.10 OF THE REVISED CODE, NO AGREEMENT ENTERED INTO UNDER 204
CHAPTER 4117. OF THE REVISED CODE AFTER THE EFFECTIVE DATE OF 206
THIS SECTION MAY CONTAIN ANY PROVISION THAT IN ANY WAY LIMITS THE
EFFECT OR OPERATION OF THIS SECTION. 207
(2) NEITHER THE DEPARTMENT NOR ANY COUNTY BOARD OF MENTAL 209
RETARDATION AND DEVELOPMENTAL DISABILITIES MAY ENTER INTO A NEW 210
CONTRACT OR RENEW A CONTRACT WITH A PROVIDER WHO FAILS TO COMPLY 211
6
WITH THIS DIVISION UNTIL THE DEPARTMENT OR BOARD IS SATISFIED 212
THAT THE PROVIDER WILL COMPLY.
(3) EXCEPT IN CASES OF GROSS NEGLIGENCE OR WILLFUL OR 214
WANTON MISCONDUCT, A PROVIDER WHO FAILS TO HIRE OR RETAIN AS AN 215
EMPLOYEE A PERSON BECAUSE THE PERSON'S NAME APPEARS IN THE 216
REGISTRY SHALL NOT BE LIABLE IN DAMAGES IN A CIVIL ACTION BROUGHT 217
BY THE EMPLOYEE OR APPLICANT FOR EMPLOYMENT. TERMINATION OF 218
EMPLOYMENT PURSUANT TO DIVISION (D)(1) OF THIS SECTION 219
CONSTITUTES A DISCHARGE FOR JUST CAUSE FOR THE PURPOSES OF 220
SECTION 4141.29 OF THE REVISED CODE. 221
(E) INFORMATION CONTAINED IN THE REGISTRY IS A PUBLIC 223
RECORD FOR THE PURPOSES OF SECTION 149.43 OF THE REVISED CODE AND 224
IS SUBJECT TO INSPECTION AND COPYING UNDER SECTION 1347.08 OF THE 225
REVISED CODE. 227
Sec. 5123.53. AN INDIVIDUAL WHO IS INCLUDED IN THE 230
REGISTRY MAY PETITION THE DIRECTOR OF MENTAL RETARDATION AND 231
DEVELOPMENTAL DISABILITIES FOR REMOVAL FROM THE REGISTRY. IF THE 232
DIRECTOR DETERMINES THAT GOOD CAUSE EXISTS, THE DIRECTOR SHALL 233
REMOVE THE INDIVIDUAL FROM THE REGISTRY AND MAY PROPERLY REPLY TO 234
AN INQUIRY THAT THE INDIVIDUAL IS NOT INCLUDED IN THE REGISTRY. 235
GOOD CAUSE INCLUDES MEETING REHABILITATION STANDARDS ESTABLISHED 237
IN RULES ADOPTED UNDER SECTION 5123.54 OF THE REVISED CODE. 238
Sec. 5123.54. THE DIRECTOR OF MENTAL RETARDATION AND 240
DEVELOPMENTAL DISABILITIES SHALL ADOPT RULES UNDER CHAPTER 119. 242
OF THE REVISED CODE TO IMPLEMENT SECTIONS 5123.51, 5123.52, AND 243
5123.53 OF THE REVISED CODE. THE RULES SHALL ESTABLISH 244
REHABILITATION STANDARDS FOR THE PURPOSES OF SECTION 5123.53 OF
THE REVISED CODE AND SPECIFY CIRCUMSTANCES, OTHER THAN MEETING 245
THE STANDARDS, THAT CONSTITUTE GOOD CAUSE FOR THE PURPOSES OF 246
THAT SECTION.
Sec. 5123.61. (A) As used in this section: 255
(1) "Mentally retarded or developmentally disabled adult" 257
means a person who is eighteen years of age or older and is a 258
mentally retarded or developmentally disabled person. 259
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(2) "Law enforcement agency" means the state highway 261
patrol, the police department of a municipal corporation, or a 262
county sheriff. 263
(2) "ABUSE" HAS THE SAME MEANING AS IN SECTION 5123.50 OF 265
THE REVISED CODE, EXCEPT THAT IT INCLUDES A MISAPPROPRIATION, AS 266
DEFINED IN THAT SECTION.
(3) "NEGLECT" HAS THE SAME MEANING AS IN SECTION 5123.50 268
OF THE REVISED CODE.
(B) The department of mental retardation and developmental 270
disabilities shall establish a registry office for the purpose of 271
maintaining reports of abuse and, neglect, AND OTHER MAJOR 273
UNUSUAL INCIDENTS AND UNUSUAL INCIDENTS made to the department
under this section and reports received from county boards of 274
mental retardation and developmental disabilities under section 275
5126.31 of the Revised Code. THE DEPARTMENT SHALL ESTABLISH 276
COMMITTEES TO REVIEW REPORTS OF ABUSE, NEGLECT, AND OTHER MAJOR 277
UNUSUAL INCIDENTS AND UNUSUAL INCIDENTS. 278
(C)(1) Any person listed in division (C)(2) of this 280
section, having reason to believe that a mentally retarded or 281
developmentally disabled adult PERSON WITH MENTAL RETARDATION OR 282
A DEVELOPMENTAL DISABILITY has suffered any wound, injury, 283
disability, or condition of such a nature as to reasonably 284
indicate abuse or neglect of that adult PERSON, shall immediately 286
report or cause reports to be made of such information to a law 287
enforcement agency or to the county board of mental retardation 288
and developmental disabilities, except that if the report 289
concerns a resident of a facility operated by the department of 290
mental retardation and developmental disabilities the report 291
shall be made either to a law enforcement agency or to the 292
department. 293
(2) All of the following persons are required to make a 295
report under division (C)(1) of this section: 296
(a) Any physician, including a hospital intern or 298
resident, any dentist, podiatrist, chiropractor, practitioner of 299
8
a limited branch of medicine as specified in section 4731.15 of 302
the Revised Code, hospital administrator or employee of a 303
hospital, nurse licensed under Chapter 4723. of the Revised Code, 304
employee of an ambulatory health facility as defined in section 305
5101.61 of the Revised Code, employee of a home health agency, 306
employee of an adult care facility licensed under Chapter 3722. 307
of the Revised Code, or employee of a community mental health
facility; 308
(b) Any school teacher or school authority, social worker, 310
psychologist, attorney, peace officer, coroner, clergyman, or 311
residents' rights advocate as defined in section 3721.10 of the 312
Revised Code; 313
(c) A superintendent, board member, or employee of a 315
county board of mental retardation and developmental 316
disabilities; an administrator, board member, or employee of a 317
residential facility licensed under section 5123.19 of the 318
Revised Code; or an administrator, board member, or employee of 319
any other public or private provider of services to a mentally 320
retarded or developmentally disabled adult ANY MR/DD EMPLOYEE, AS 322
DEFINED IN SECTION 5123.50 OF THE REVISED CODE; 323
(d) A member of a citizen's advisory council established 325
at an institution or branch institution of the department of 326
mental retardation and developmental disabilities under section 327
5123.092 of the Revised Code; 328
(e) A person who, while acting in an official or 330
professional capacity, renders spiritual treatment through prayer 332
in accordance with the tenets of an organized religion.
(3) The reporting requirements of this division do not 334
apply to members of the legal rights service commission or to 335
employees of the legal rights service. 336
(D) The reports required under division (C) of this 338
section shall be made forthwith by telephone or in person and 339
shall be followed by a written report. The reports shall contain 340
the following: 341
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(1) The names and addresses of the mentally retarded or 343
developmentally disabled adult PERSON WITH MENTAL RETARDATION OR 344
A DEVELOPMENTAL DISABILITY and the adult's PERSON'S custodian, if 346
known;
(2) The mentally retarded or developmentally disabled 348
adult's age and the nature and extent of the adult's injuries or 349
physical neglect, including any evidence of previous injuries or 350
physical neglect OF THE PERSON WITH MENTAL RETARDATION OR A 351
DEVELOPMENTAL DISABILITY; 352
(3) Any other information which might be helpful in 354
establishing the cause of the injury, abuse, or physical neglect 355
THAT WOULD ASSIST IN THE INVESTIGATION OF THE REPORT. 356
(E) When a physician performing services as a member of 358
the staff of a hospital or similar institution has reason to 359
believe that a mentally retarded or developmentally disabled 360
adult PERSON WITH MENTAL RETARDATION OR A DEVELOPMENTAL 361
DISABILITY has suffered injury, abuse, or physical neglect, the 362
physician shall notify the person in charge of the institution or 363
that person's designated delegate, who shall make the necessary 364
reports.
(F) Any person having reasonable cause to believe that a 366
mentally retarded or developmentally disabled adult PERSON WITH 367
MENTAL RETARDATION OR A DEVELOPMENTAL DISABILITY has suffered 368
abuse or neglect may report the belief, or cause a report to be 369
made, to a law enforcement agency or the county board of mental 370
retardation and developmental disabilities, or, if the adult 371
PERSON is a resident of a facility operated by the department of 372
mental retardation and developmental disabilities, to a law 373
enforcement agency or to the department. 374
(G)(1) Upon the receipt of a report concerning the 376
possible nonaccidental infliction of a physical injury upon a 377
mentally retarded or developmentally disabled adult ABUSE OR 378
NEGLECT OF A PERSON WITH MENTAL RETARDATION OR A DEVELOPMENTAL 379
DISABILITY, the law enforcement agency shall inform the county 380
10
board of mental retardation and developmental disabilities or, if 381
the adult PERSON is a resident of a facility operated by the 382
department of mental retardation and developmental disabilities, 383
the director of the department or the director's designee. 384
(2) On receipt of a report under this section THAT 387
INCLUDES AN ALLEGATION OF ACTION OR INACTION THAT MAY CONSTITUTE 388
A CRIME UNDER FEDERAL LAW OR THE LAW OF THIS STATE, the 389
department of mental retardation and developmental disabilities 390
shall notify the law enforcement agency. 391
(3) When a county board of mental retardation and 393
developmental disabilities receives a report under this section 394
THAT INCLUDES AN ALLEGATION OF ACTION OR INACTION THAT MAY 395
CONSTITUTE A CRIME UNDER FEDERAL LAW OR THE LAW OF THIS STATE, 396
the superintendent of the board or an individual the 397
superintendent designates under division (H) of this section 399
shall notify the law enforcement agency and. THE SUPERINTENDENT 400
OR INDIVIDUAL SHALL NOTIFY the department of mental retardation 401
and developmental disabilities WHEN IT RECEIVES ANY REPORT UNDER 402
THIS SECTION. 403
(H) The superintendent of the board may designate an 405
individual to be responsible for notifying the law enforcement 406
agency and the department when the county board receives a report 407
under this section. 408
(I) A mentally retarded or developmentally disabled AN 410
adult WITH MENTAL RETARDATION OR A DEVELOPMENTAL DISABILITY about 412
whom a report is made may be removed from the adult's place of 413
residence only by law enforcement officers who consider that the
adult's immediate removal is essential to protect the adult from 414
further injury or abuse or in accordance with the order of a 415
court made pursuant to section 5126.33 of the Revised Code. 416
(J) A law enforcement agency shall investigate each report 418
of abuse or neglect made IT RECEIVES under this section. In 419
addition, the department, in cooperation with law enforcement 421
officials, shall investigate each report regarding a resident of 422
11
a facility operated by the department to determine the 423
circumstances surrounding the injury, the cause of the injury, 424
and the person responsible. The department shall determine, with 425
the registry office which shall be maintained by the department, 426
whether prior reports have been made concerning the mentally 427
retarded or developmentally disabled adult PERSON WITH MENTAL 428
RETARDATION OR A DEVELOPMENTAL DISABILITY or other principals in 429
the case. The IF THE department FINDS THAT THE REPORT INVOLVES 430
ACTION OR INACTION THAT MAY CONSTITUTE A CRIME UNDER FEDERAL LAW 431
OR THE LAW OF THIS STATE, IT shall submit a report of its 432
investigation, in writing, to the law enforcement agency. IF THE 433
PERSON WITH MENTAL RETARDATION OR A DEVELOPMENTAL DISABILITY IS 434
AN ADULT, and with the consent of the adult, THE DEPARTMENT shall 435
provide such protective services as are necessary to protect the 437
adult. The law enforcement agency shall make a written report of 438
its findings to the department.
If the adult PERSON is not a resident of a facility 440
operated by the department, the county board of mental 441
retardation and developmental disabilities shall review the 442
report of abuse or neglect in accordance with sections 5126.30 to 443
5126.33 of the Revised Code and the law enforcement agency shall 444
make the written report of its findings to the county board. 445
(K) Any person or any hospital, institution, school, 447
health department, or agency participating in the making of 448
reports pursuant to this section, any person participating as a 449
witness in an administrative or judicial proceeding resulting 450
from the reports, or any person or governmental entity that 451
discharges responsibilities under sections 5126.31 to 5126.33 of 452
the Revised Code shall be immune from any civil or criminal 453
liability that might otherwise be incurred or imposed as a result 454
of such actions except liability for perjury, unless the person 455
or governmental entity has acted in bad faith or with malicious 456
purpose. 457
(L) No employer or any person with the authority to do so 459
12
shall discharge, demote, transfer, prepare a negative work 460
performance evaluation, reduce pay or benefits, terminate work 461
privileges, or take any other action detrimental to an employee 462
or retaliate against an employee as a result of the employee's 463
having made a report under this section. This division does not 464
preclude an employer or person with authority from taking action 465
with regard to an employee who has made a report under this 466
section if there is another reasonable basis for the action. 467
(M) Reports made under this section are not public records 469
as defined in section 149.43 of the Revised Code. Information 470
contained in the reports on request shall be made available to 471
the adult PERSON who is the subject of the report, to the adult's 473
PERSON'S legal counsel, and to agencies authorized to receive 474
information in the report by the department or by a county board 475
of mental retardation and developmental disabilities. 476
(N) Notwithstanding section 4731.22 of the Revised Code, 478
the physician-patient privilege shall not be a ground for 479
excluding evidence regarding a mentally retarded or 480
developmentally disabled adult's THE injuries or physical neglect 481
OF A PERSON WITH MENTAL RETARDATION OR A DEVELOPMENTAL DISABILITY 482
or the cause thereof in any judicial proceeding resulting from a 483
report submitted pursuant to this section. 484
Sec. 5126.28. (A) As used in this section: 493
(1) "Applicant" means a person who is under final 495
consideration for appointment or employment in a position with a 496
county board of mental retardation and developmental 497
disabilities. 498
(2) "Criminal records check" has the same meaning as in 500
section 109.572 of the Revised Code. 501
(3) "Minor drug possession offense" has the same meaning 503
as in section 2925.01 of the Revised Code. 504
(B) The superintendent of a county board of mental 506
retardation and developmental disabilities shall request the 507
superintendent of the bureau of criminal identification and 508
13
investigation to conduct a criminal records check with respect to 509
any applicant who has applied to the board for employment in any 510
position, except that a county board superintendent is not 511
required to request a criminal records check for an employee of 512
the board who is being considered for a different position or is 513
returning after a leave of absence or seasonal break in 514
employment, as long as the superintendent has no reason to 515
believe that the employee has committed any of the offenses 516
listed or described in division (E) of this section. 517
If the applicant does not present proof that the applicant 520
has been a resident of this state for the five-year period 521
immediately prior to the date upon which the criminal records 522
check is requested, the county board superintendent shall request 523
that the superintendent of the bureau obtain information from the 524
federal bureau of investigation as a part of the criminal records 525
check for the applicant. If the applicant presents proof that 526
the applicant has been a resident of this state for that 527
five-year period, the county board superintendent may request 528
that the superintendent of the bureau include information from 529
the federal bureau of investigation in the criminal records 530
check. For purposes of this division, an applicant may provide 531
proof of residency in this state by presenting, with a notarized 532
statement asserting that the applicant has been a resident of 533
this state for that five-year period, a valid driver's license, 534
notification of registration as an elector, a copy of an 535
officially filed federal or state tax form identifying the 536
applicant's permanent residence, or any other document the 537
superintendent considers acceptable.
(C) The county board superintendent shall provide to each 539
applicant a copy of the form prescribed pursuant to division 540
(C)(2) of section 109.572 of the Revised Code, provide to each 541
applicant a standard impression sheet to obtain fingerprint 542
impressions prescribed pursuant to division (C)(2) of section 543
109.572 of the Revised Code, obtain the completed form and 544
14
impression sheet from each applicant, and forward the completed 545
form and impression sheet to the superintendent of the bureau of 546
criminal identification and investigation at the time the 547
criminal records check is requested. 548
Any applicant who receives pursuant to this division a copy 550
of the form prescribed pursuant to division (C)(1) of section 551
109.572 of the Revised Code and a copy of an impression sheet 552
prescribed pursuant to division (C)(2) of that section and who is 553
requested to complete the form and provide a set of fingerprint 554
impressions shall complete the form or provide all the 555
information necessary to complete the form and shall provide the 556
impression sheet with the impressions of the applicant's 557
fingerprints. If an applicant, upon request, fails to provide 558
the information necessary to complete the form or fails to 559
provide impressions of the applicant's fingerprints, the county 560
board superintendent shall not employ that applicant. 561
(D) A county board superintendent may request any other 563
state or federal agency to supply the board with a written report 565
regarding the criminal record of each applicant. With regard to
an applicant who becomes a board employee, if the employee holds 567
an occupational or professional license or other credentials, the
superintendent may request that the state or federal agency that 568
regulates the employee's occupation or profession supply the 569
board with a written report of any information pertaining to the 570
employee's criminal record that the agency obtains in the course 571
of conducting an investigation or in the process of renewing the 572
employee's license or other credentials.
(E) Except as provided in division (K)(2) of this section 574
and in rules adopted by the department of mental retardation and 575
developmental disabilities in accordance with division (M) of 576
this section, no county board of mental retardation and 577
developmental disabilities shall employ a person to fill a 578
position with the board who has been convicted of or pleaded 579
guilty to any of the following: 580
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(1) A violation of section 2903.01, 2903.02, 2903.03, 582
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 583
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05, 585
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 586
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 587
2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25, 588
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, 589
2925.06, or 3716.11 of the Revised Code, a violation of section 590
2905.04 of the Revised Code as it existed prior to July 1, 1996,
a violation of section 2919.23 of the Revised Code that would 591
have been a violation of section 2905.04 of the Revised Code as 592
it existed prior to July 1, 1996, had the violation occurred 593
prior to that date, a violation of section 2925.11 of the Revised 594
Code that is not a minor drug possession offense, or felonious 595
sexual penetration in violation of former section 2907.12 of the 596
Revised Code;
(2) A felony contained in the Revised Code that is not 598
listed in this division, if the felony bears a direct and 599
substantial relationship to the duties and responsibilities of 600
the position being filled; 601
(3) A violation of an existing or former law of this 603
state, any other state, or the United States, if the offense is 604
substantially equivalent to any of the offenses described in 605
division (E)(1) or (2) of this section. 606
(F) Prior to employing an applicant, the county board 608
superintendent shall require the applicant to submit a statement 609
with the applicant's signature attesting that the applicant has 610
not been convicted of or pleaded guilty to any of the offenses 611
described in division (E) of this section. The superintendent 612
also shall require the applicant to sign an agreement under which 614
the applicant agrees to notify the superintendent if while
employed by the board the person is ever formally charged for any 615
of the offenses listed or described in division (E) of this 617
section. The agreement shall inform the applicant that failure 618
16
to report formal charges may result in being dismissed from 619
employment.
(G) A county board of mental retardation and developmental 622
disabilities shall pay to the bureau of criminal identification 623
and investigation the fee prescribed pursuant to division (C)(2) 624
of section 109.572 of the Revised Code for each criminal records 625
check requested and conducted pursuant to this section. 626
(H)(1) Any report obtained pursuant to this section is not 628
a public record for purposes of section 149.43 of the Revised 629
Code and shall not be made available to any person, other than 630
the applicant who is the subject of the records check or criminal 631
records check or the applicant's representative, the board 632
requesting the records check or criminal records check or its 633
representative, the department of mental retardation and 635
developmental disabilities, and any court, hearing officer, or 636
other necessary individual involved in a case dealing with the 637
denial of employment to the applicant or the denial, suspension, 638
or revocation of a certificate or evidence of registration under 639
section 5126.25 of the Revised Code. 640
(2) An individual for whom a county board superintendent 642
has obtained reports under this section may submit a written 643
request to the county board to have copies of the reports sent to 645
any state agency, entity of local government, or private entity. 646
The individual shall specify in the request the entities to which 647
the copies are to be sent. On receiving the request, the county 648
board shall send copies of the reports to the entities specified. 649
A county board may request that a state agency, entity of 651
local government, or private entity send copies to the board of 652
any report regarding a records check or criminal records check 653
that the entity possesses, if the county board obtains the 654
written consent of the individual who is the subject of the 655
report. 656
(I) Each county board superintendent shall request the 658
registrar of motor vehicles to supply the superintendent with a 659
17
certified abstract regarding the record of convictions for 660
violations of motor vehicle laws of each applicant who will be 661
required by the applicant's employment to transport individuals 662
with mental retardation or developmental disabilities or to 663
operate the board's vehicles for any other purpose. For each 664
abstract provided under this section, the board shall pay the 665
amount specified in section 4509.05 of the Revised Code. 666
(J) The county board superintendent shall provide each 668
applicant with a copy of any report or abstract obtained about 669
the applicant under this section. The superintendent also shall 670
provide the department of mental retardation and developmental 671
disabilities with a copy of each report or abstract obtained 672
under this section. 673
(K)(1) The county board superintendent shall inform each 675
person, at the time of the person's initial application for 676
employment, that the person is required to provide a set of 677
impressions of the person's fingerprints and that a criminal 678
records check is required to be conducted and satisfactorily 679
completed in accordance with section 109.572 of the Revised Code 680
if the person comes under final consideration for appointment or 681
employment as a precondition to employment for that position. 682
(2) A board may employ an applicant pending receipt of 685
reports requested under this section. The board shall terminate 686
employment of any such applicant if it is determined from the 687
reports that the applicant failed to inform the county board that 688
the applicant had been convicted of or pleaded guilty to any of
the offenses listed or described in division (E) of this section. 689
(L) The board may charge an applicant a fee for costs it 691
incurs in obtaining reports, abstracts, or fingerprint 692
impressions under this section. A fee charged under this 693
division shall not exceed the amount of the fees the board pays 694
under divisions (G) and (I) of this section. If a fee is charged 695
under this division, the board shall notify the applicant of the 696
amount of the fee at the time of the applicant's initial 697
18
application for employment and that unless the fee is paid, the 698
board will not consider the applicant for employment. 699
(M) The department of mental retardation and developmental 701
disabilities shall adopt rules pursuant to Chapter 119. of the 702
Revised Code to implement this section and section 5126.281 of 703
the Revised Code, including rules specifying circumstances under 704
which a county board or contracting entity may hire a person who 705
has been convicted of an offense listed or described in division 706
(E) of this section but who meets standards in regard to 707
rehabilitation set by the department. THE RULES MAY NOT 708
AUTHORIZE A COUNTY BOARD OR CONTRACTING ENTITY TO HIRE AN 709
INDIVIDUAL WHO IS INCLUDED IN THE REGISTRY ESTABLISHED UNDER 710
SECTION 5123.52 OF THE REVISED CODE.
Sec. 5126.30. As used in sections 5126.30 to 5126.33 of 719
the Revised Code: 720
(A) "Mentally retarded or developmentally disabled adult" 722
and "adult ADULT" mean MEANS a person eighteen years of age or 724
older who is developmentally disabled or mentally retarded WITH 725
MENTAL RETARDATION OR A DEVELOPMENTAL DISABILITY. 726
(B) "Caretaker" means a person who is responsible for the 728
care of an adult by order of a court, including an order of 729
guardianship, or who assumes the responsibility for the care of 730
an adult as a volunteer, as a family member, by contract, or by 731
the acceptance of payment for care. 732
(C) "Abuse" means any of the following: 734
(1) An act, or a failure to act, that results or could 736
result in emotional or physical injury to an adult, unless the 737
act is done in self-defense or by accident; 738
(2) An act that constitutes "sexual activity" as defined 740
in section 2907.01 HAS THE SAME MEANING AS IN SECTION 5123.50 of 743
the Revised Code and would constitute an offense under Chapter 744
2907. of the Revised Code;
(3) Insulting or coarse language or gestures directed 746
toward an adult that subject him to humiliation or degradation; 748
19
(4) An act that deprives an adult of real or personal 750
property by fraudulent or illegal means, EXCEPT THAT IT INCLUDES 751
A MISAPPROPRIATION, AS DEFINED IN THAT SECTION. 752
(D) "Neglect" means the failure of an adult or a caretaker 754
to provide goods and services necessary for the adult to avoid 755
physical harm HAS THE SAME MEANING AS IN SECTION 5123.50 OF THE 757
REVISED CODE.
(E) "Working day" means Monday, Tuesday, Wednesday, 759
Thursday, or Friday, except when that day is a holiday as defined 760
in section 1.14 of the Revised Code. 761
(F) "Incapacitated" means lacking understanding or 763
capacity, with or without the assistance of a caretaker, to make 764
and carry out decisions regarding food, clothing, shelter, health 765
care, or other necessities, but does not include mere refusal to 766
consent to the provision of services. 767
Sec. 5126.31. (A) A county board of mental retardation 776
and developmental disabilities shall review reports of abuse and 777
neglect made under section 5123.61 of the Revised Code and 778
reports referred to it under section 5101.611 of the Revised Code 779
to determine whether the person who is the subject of the report 780
is a mentally retarded or developmentally disabled adult in need 781
of services to deal with the abuse or neglect. The board shall 782
give notice of each report to the registry office of the 783
department of mental retardation and developmental disabilities 784
established pursuant to section 5123.61 of the Revised Code on 785
the first working day after receipt of the report. If the report 786
alleges that there is a substantial risk to the adult PERSON of 787
immediate physical harm or death, the board shall initiate review 788
within twenty-four hours of its receipt of the report. If the 789
board determines that the person is sixty years of age or older 790
but is DOES not mentally retarded or developmentally disabled 792
HAVE MENTAL RETARDATION OR A DEVELOPMENTAL DISABILITY, it shall 793
refer the case to the county department of job and family 794
services. If the board determines that the person is a mentally
20
retarded or developmentally disabled adult HAS MENTAL RETARDATION 796
OR A DEVELOPMENTAL DISABILITY, it shall continue its review of 797
the case. 798
(B) For each review over which the board retains 800
responsibility under division (A) of this section, it shall do 801
all of the following: 802
(1) Give both written and oral notice of the purpose of 804
the review to the adult PERSON and, if any, to the adult's 806
PERSON'S legal counsel or caretaker, in simple and clear 807
language;
(2) Visit the adult PERSON, in the adult's PERSON'S 810
residence if possible, and explain the notice given under 811
division (B)(1) of this section;
(3) Request from the registry office any prior reports 813
concerning the adult PERSON or other principals in the case; 814
(4) Consult, if feasible, with the person who made the 816
report under section 5101.61 or 5123.61 of the Revised Code and 817
with any agencies or persons who have information about the 818
alleged abuse or neglect; 819
(5) Cooperate fully with the law enforcement agency 821
responsible for investigating the report and for filing any 822
resulting criminal charges and, on request, turn over evidence to 823
the agency; 824
(6) Determine IF THE PERSON IS AN ADULT, DETERMINE whether 826
the adult needs services, and prepare a written report stating 828
reasons for the determination. No adult shall be determined to be 829
abused, neglected, or in need of services for the sole reason 830
that, in lieu of medical treatment, the adult relies on or is 831
being furnished spiritual treatment through prayer alone in 833
accordance with the tenets and practices of a church or religious 834
denomination of which the adult is a member or adherent. 836
(C) The board shall arrange for the provision of services 838
for the prevention, correction or discontinuance of abuse or 839
neglect or of a condition resulting from abuse or neglect for any 840
21
adult who has been determined to need the services and consents 841
to receive them. These services may include, but are not limited 842
to, case management, fiscal management, medical, mental health, 843
home health care, homemaker, legal, and residential services and 844
the provision of temporary accommodations and necessities such as 845
food and clothing. The services do not include acting as a 846
guardian, trustee, or protector as defined in section 5123.55 of 847
the Revised Code. If the provision of residential services would 848
require expenditures by the department of mental retardation and 849
developmental disabilities, the board shall obtain the approval 850
of the department prior to arranging the residential services. 851
To arrange services, the board shall: 853
(1) Develop an individualized service plan identifying the 856
types of services required for the adult, the goals for the 857
services, and the persons or agencies that will provide them; 858
(2) In accordance with rules established by the director 860
of mental retardation and developmental disabilities, obtain the 861
consent of the adult or the adult's guardian to the provision of 863
any of these services and obtain the signature of the adult or 864
guardian on the individual service plan. An adult who has been 865
found incompetent under Chapter 2111. of the Revised Code may 866
consent to services. If the board is unable to obtain consent, 867
it may seek, if the adult is incapacitated, a court order 868
pursuant to section 5126.33 of the Revised Code authorizing the 869
board to arrange these services. 870
(D) The board shall ensure that the adult receives the 872
services arranged by the board from the provider and shall have 873
the services terminated if the adult withdraws consent. 874
(E) On completion of a review, the board shall submit a 876
written report to the law enforcement agency responsible for 877
investigating the report and to the registry office ESTABLISHED 878
UNDER SECTION 5123.61 OF THE REVISED CODE. IF THE REPORT 879
INCLUDES A FINDING THAT A PERSON WITH MENTAL RETARDATION OR A 880
DEVELOPMENTAL DISABILITY IS A VICTIM OF ACTION OR INACTION THAT 881
22
MAY CONSTITUTE A CRIME UNDER FEDERAL LAW OR THE LAW OF THIS
STATE, THE BOARD SHALL SUBMIT THE REPORT TO THE LAW ENFORCEMENT 882
AGENCY RESPONSIBLE FOR INVESTIGATING THE REPORT. Reports 883
prepared under this section are not public records as defined in 884
section 149.43 of the Revised Code. 885
(F) The board shall provide comprehensive formal training 887
for employees and other persons authorized to implement the 888
requirements of this section. 889
Sec. 5126.32. If during the course of the review conducted 898
under section 5126.31 of the Revised Code, any person denies or 899
obstructs the board's access to the residence of the adult PERSON 901
who is the subject of a report of abuse or neglect, the board may 902
file a petition with the probate court of the county in which the 903
residence is located for a temporary restraining order, in 904
accordance with Civil Rule 65, to prevent the denial or 905
obstruction of access. If the court finds reasonable cause to 906
believe that the adult PERSON is abused or neglected and that 907
access to his THE PERSON'S residence has been denied or 909
obstructed, the court shall issue a temporary order restraining 911
the interference or obstruction. After the order has been 912
obtained, at the request of the board an officer of the law 913
enforcement agency investigating the report shall accompany 914
representatives of the board to the adult's PERSON'S residence. 915
If a person refuses to allow or interferes with the 917
provision of services described in division (C) of section 918
5126.31 of the Revised Code to an adult A PERSON who has 919
consented to them, the county board may file a petition with the 921
probate court of the county in which the adult PERSON WHO 922
CONSENTED resides for appropriate injunctive relief in accordance 924
with Civil Rule 65.
Sec. 5126.33. (A) A county board of mental retardation 933
and developmental disabilities may file a complaint with the 934
probate court of the county in which a mentally retarded or 935
developmentally disabled AN adult WITH MENTAL RETARDATION OR A 936
23
DEVELOPMENTAL DISABILITY resides for an order authorizing the 938
board to arrange services described in division (C) of section 939
5126.31 of the Revised Code for that adult if the board has been 940
unable to secure consent. The complaint shall include:
(1) The name, age, and address of the adult; 942
(2) Facts describing the nature of the abuse or neglect 944
and supporting the board's belief that services are needed; 945
(3) The types of services proposed by the board, as set 947
forth in the individualized service plan prepared pursuant to 948
section 5126.31 of the Revised Code and filed with the complaint; 949
(4) Facts showing the board's attempts to obtain the 951
consent of the adult or his THE ADULT'S guardian to the services. 953
(B)(1) The board shall give the adult notice of the filing 955
of the complaint and in simple and clear language shall inform 956
him THE ADULT of his THE ADULT'S rights in the hearing under 958
division (C) of this section and explain the consequences of a 959
court order. This notice shall be personally served upon the 960
adult and also shall be given to the adult's caretaker, his THE 961
ADULT'S legal counsel, if any, and the legal rights service. The 963
notice shall be given at least twenty-four hours prior to the 964
hearing, although the court may waive this requirement upon a 965
showing that there is a substantial risk that the adult will 966
suffer immediate physical harm in the twenty-four hour period and 967
that the board has made reasonable attempts to give the notice 968
required by this division.
(C) Upon the filing of a complaint for an order under this 970
section, the court shall hold a hearing at least twenty-four 971
hours and no later than seventy-two hours after the notice under 972
division (B)(1) of this section has been given unless the court 973
has waived the notice. The adult shall have the right to be 974
present at the hearing, present evidence, and examine and 975
cross-examine witnesses. The adult shall be represented by 976
counsel unless the court finds that the adult has made a 977
voluntary, informed, and knowing waiver of the right to counsel. 978
24
If the adult is indigent, the court shall appoint counsel to 979
represent him THE ADULT. The board shall be represented by the 980
county prosecutor or an attorney designated by the board. 982
(D)(1) The court shall issue an order authorizing the 984
board to arrange the services if it finds, on the basis of clear 985
and convincing evidence, all of the following: 986
(a) The adult has been abused or neglected; 988
(b) The adult is incapacitated; 990
(c) There is a substantial risk to the adult of immediate 992
physical harm or death; 993
(d) The adult is in need of the services; 995
(e) No person authorized by law or court order to give 997
consent for the adult is available or willing to consent to the 998
services. 999
(2) In formulating the order, the court shall consider the 1,001
individual service plan and shall specifically designate the 1,002
services that are necessary to deal with the abuse or neglect or 1,003
condition resulting from abuse or neglect and that are available 1,004
locally, and authorize the board to arrange for these services 1,005
only. The court shall limit the provision of these services to a 1,006
period not exceeding fourteen days, renewable for an additional 1,007
fourteen-day period on a showing by the board that continuation 1,008
of the order is necessary. 1,009
(E) If the court finds that all other options for meeting 1,011
the adult's needs have been exhausted, it may order that the 1,012
adult be removed from his THE ADULT'S place of residence and 1,013
placed in another residential setting. Before issuing that 1,015
order, the court shall consider the adult's choice of residence 1,016
and shall determine that the new residential setting is the least 1,017
restrictive alternative available for meeting his THE ADULT'S 1,018
needs and is a place where the adult can obtain the necessary 1,020
requirements for daily living in safety. The court shall not 1,021
order an adult to a hospital or public hospital as defined in 1,022
section 5122.01 or a state institution as defined in section 1,023
25
5123.01 of the Revised Code. 1,024
(F) The court shall not authorize a change in an adult's 1,026
placement ordered under division (E) of this section unless it 1,027
finds compelling reasons to justify a change. The parties to 1,028
whom notice was given in division (B) of this section shall be 1,029
given notice of a proposed change at least five working days 1,030
prior to the change. 1,031
(G) The adult, the board, or any other person who received 1,033
notice of the petition may file a motion for modification of the 1,034
court order at any time. 1,035
(H) The county board shall pay court costs incurred in 1,037
proceedings brought pursuant to this section. The adult shall 1,038
not be required to pay for court-ordered services. 1,039
Section 2. That existing sections 5123.61, 5126.28, 1,041
5126.30, 5126.31, 5126.32, and 5126.33 of the Revised Code are 1,042
hereby repealed.
Section 3. Section 5126.31 of the Revised Code is amended 1,044
by this act and also by H.B. 471 of the 123rd General Assembly 1,045
(effective July 1, 2000). The amendments of H.B. 471 are 1,046
included in this act in lower case to confirm the intention to 1,047
retain them, but are not intended to be effective until July 1, 1,048
2000.