As Passed by the Senate 1
123rd General Assembly 4
Regular Session Sub. S. B. No. 171 5
1999-2000 6
SENATORS SPADA-GARDNER-KEARNS-DRAKE-PRENTISS-JOHNSON-FINGERHUT- 8
ARMBRUSTER-BRADY-DiDONATO-HOTTINGER-LATELL-MUMPER-SCHAFRATH- 9
WACHTMANN-WATTS-LATTA-CUPP-NEIN-WHITE-ESPY-McLIN-HERINGTON 10
_________________________________________________________________ 12
A B I L L
To amend sections 5123.61, 5126.28, 5126.30, 14
5126.31, 5126.32, and 5126.33 and to enact 15
sections 5123.50 to 5123.54 of the Revised Code
to establish a registry of persons found by the 16
Department of Mental Retardation and 17
Developmental Disabilities to have abused or
neglected an individual with mental retardation 18
or a developmental disability, to prohibit 19
employment of such persons in certain positions,
to limit the types of abuse and neglect reports 21
that are referred to law enforcement agencies,
and to authorize the Director of Mental 22
Retardation and Developmental Disabilities to
adopt rules regarding mandatory reporting of 23
certain incidents.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 25
Section 1. That sections 5123.61, 5126.28, 5126.30, 27
5126.31, 5126.32, and 5126.33 be amended and sections 5123.50, 28
5123.51, 5123.52, 5123.53, and 5123.54 of the Revised Code be 30
enacted to read as follows:
Sec. 5123.50. AS USED IN THIS SECTION AND SECTIONS 5123.51 32
AND 5123.52 OF THE REVISED CODE: 33
(A) "ABUSE" MEANS ALL OF THE FOLLOWING: 35
(1) THE USE OF PHYSICAL FORCE THAT CAN REASONABLY BE 37
2
EXPECTED TO RESULT IN PHYSICAL HARM OR SERIOUS PHYSICAL HARM; 38
(2) SEXUAL ABUSE; 40
(3) VERBAL ABUSE. 42
(B) "DIRECT SERVICES POSITION" MEANS AN EMPLOYMENT 44
POSITION IN WHICH THE EMPLOYEE HAS PHYSICAL CONTACT WITH, THE 46
OPPORTUNITY TO BE ALONE WITH, OR EXERCISES SUPERVISION OR CONTROL 47
OVER ONE OR MORE INDIVIDUALS WITH MENTAL RETARDATION OR A 48
DEVELOPMENTAL DISABILITY.
(C) "MISAPPROPRIATION" MEANS DEPRIVING, DEFRAUDING, OR 50
OTHERWISE OBTAINING THE REAL OR PERSONAL PROPERTY OF AN 51
INDIVIDUAL BY ANY MEANS PROHIBITED BY THE REVISED CODE, INCLUDING 52
VIOLATIONS OF CHAPTER 2911. OR 2913. OF THE REVISED CODE. 53
(D) "MR/DD EMPLOYEE" MEANS ALL OF THE FOLLOWING: 55
(1) AN EMPLOYEE OF THE DEPARTMENT OF MENTAL RETARDATION 57
AND DEVELOPMENTAL DISABILITIES; 58
(2) AN EMPLOYEE OF A COUNTY BOARD OF MENTAL RETARDATION 60
AND DEVELOPMENTAL DISABILITIES; 61
(3) AN "ICF/MR WORKER," AS DEFINED IN SECTION 5123.193 OF 63
THE REVISED CODE; 64
(4) AN INDIVIDUAL WHO IS EMPLOYED IN A POSITION THAT 66
INCLUDES PROVIDING SPECIALIZED SERVICES TO AN INDIVIDUAL WITH 68
MENTAL RETARDATION OR A DEVELOPMENTAL DISABILITY;
(5) ANY OTHER INDIVIDUAL WHO IS EMPLOYED IN A DIRECT 70
SERVICES POSITION. 71
(E) "NEGLECT" MEANS, WHEN THERE IS A DUTY TO DO SO, 73
FAILING TO PROVIDE AN INDIVIDUAL WITH ANY TREATMENT, CARE, GOODS, 75
OR SERVICES THAT ARE NECESSARY TO MAINTAIN THE HEALTH AND SAFETY 76
OF THE INDIVIDUAL.
(F) "PHYSICAL HARM" AND "SERIOUS PHYSICAL HARM" HAVE THE 78
SAME MEANINGS AS IN SECTION 2901.01 OF THE REVISED CODE. 79
(G) "PROVIDER" MEANS ANY PERSON OR GOVERNMENT ENTITY THAT 81
OPERATES A PROGRAM OR PROVIDES A SERVICE TO INDIVIDUALS WITH 82
MENTAL RETARDATION OR DEVELOPMENTAL DISABILITIES AND EMPLOYS OR 83
CONTRACTS WITH MR/DD EMPLOYEES. 84
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(H) "SEXUAL ABUSE" MEANS UNLAWFUL SEXUAL CONDUCT OR SEXUAL 86
CONTACT, AS THOSE TERMS ARE DEFINED IN SECTION 2907.01 OF THE 87
REVISED CODE.
(I) "SPECIALIZED SERVICES" MEANS ANY PROGRAM OR SERVICE 89
DESIGNED AND OPERATED TO SERVE PRIMARILY INDIVIDUALS WITH MENTAL 90
RETARDATION OR A DEVELOPMENTAL DISABILITY, INCLUDING A PROGRAM OR 92
SERVICE PROVIDED BY AN ENTITY LICENSED OR CERTIFIED BY THE 93
DEPARTMENT OF MENTAL RETARDATION AND DEVELOPMENTAL DISABILITIES. 94
A PROGRAM OR SERVICE AVAILABLE TO THE GENERAL PUBLIC IS NOT A 95
SPECIALIZED SERVICE.
(J) "VERBAL ABUSE" MEANS PURPOSELY USING WORDS TO 97
THREATEN, COERCE, INTIMIDATE, HARASS, OR HUMILIATE AN INDIVIDUAL. 98
Sec. 5123.51. (A) IN ADDITION TO ANY OTHER ACTION 100
REQUIRED BY SECTIONS 5123.61 AND 5126.31 OF THE REVISED CODE, THE 101
DEPARTMENT OF MENTAL RETARDATION AND DEVELOPMENTAL DISABILITIES 102
SHALL REVIEW EACH REPORT THE DEPARTMENT RECEIVES OF ABUSE OR 103
NEGLECT OF AN INDIVIDUAL WITH MENTAL RETARDATION OR A 104
DEVELOPMENTAL DISABILITY OR MISAPPROPRIATION OF AN INDIVIDUAL'S 105
PROPERTY THAT INCLUDES AN ALLEGATION THAT AN MR/DD EMPLOYEE 106
COMMITTED OR WAS RESPONSIBLE FOR THE ABUSE, NEGLECT, OR 107
MISAPPROPRIATION. THE DEPARTMENT SHALL REVIEW A REPORT IT 108
RECEIVES FROM A PUBLIC CHILDREN SERVICES AGENCY ONLY AFTER THE
AGENCY COMPLETES ITS INVESTIGATION PURSUANT TO SECTION 2151.421 109
OF THE REVISED CODE. 110
(B) THE DEPARTMENT SHALL MAKE FINDINGS REGARDING EACH 112
ALLEGATION DESCRIBED IN DIVISION (A) OF THIS SECTION AFTER DOING 113
BOTH OF THE FOLLOWING: 114
(1) INVESTIGATING THE ALLEGATION AND DETERMINING WHETHER 116
THERE IS A REASONABLE BASIS FOR IT OR ADOPTING THE FINDINGS OF AN 117
INVESTIGATION OR REVIEW CONDUCTED BY ANOTHER PERSON OR GOVERNMENT 118
ENTITY;
(2) IF THE DEPARTMENT DETERMINES THAT THERE IS A 120
REASONABLE BASIS FOR THE ALLEGATION, CONDUCTING AN ADJUDICATION 121
PURSUANT TO CHAPTER 119. OF THE REVISED CODE. 122
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(C) THE DEPARTMENT SHALL APPOINT AN INDEPENDENT HEARING 125
OFFICER TO CONDUCT ANY HEARING CONDUCTED PURSUANT TO DIVISION 126
(B)(2) OF THIS SECTION. NO HEARING SHALL BE CONDUCTED UNDER 127
DIVISION (B)(2) OF THIS SECTION UNTIL ANY CRIMINAL PROCEEDING OR 128
COLLECTIVE BARGAINING ARBITRATION CONCERNING THE SAME ALLEGATION
HAS CONCLUDED. 129
(D)(1) UNLESS THE DIRECTOR OF MENTAL RETARDATION AND 131
DEVELOPMENTAL DISABILITIES DETERMINES THAT THERE ARE EXTENUATING 133
CIRCUMSTANCES AND EXCEPT AS PROVIDED IN DIVISION (D)(4) OF THIS 134
SECTION, THE DIRECTOR SHALL INCLUDE IN THE REGISTRY ESTABLISHED 135
UNDER SECTION 5123.52 OF THE REVISED CODE THE NAME OF AN MR/DD 136
EMPLOYEE THAT THE DIRECTOR DETERMINES BY CLEAR AND CONVINCING 137
EVIDENCE HAS MISAPPROPRIATED THE PROPERTY OF AN INDIVIDUAL WITH 139
MENTAL RETARDATION OR A DEVELOPMENTAL DISABILITY OR HAS DONE ANY 140
OF THE FOLLOWING:
(a) KNOWINGLY ABUSED OR NEGLECTED SUCH AN INDIVIDUAL; 143
(b) RECKLESSLY ABUSED OR NEGLECTED SUCH AN INDIVIDUAL, 145
WITH RESULTING PHYSICAL HARM; 146
(c) NEGLIGENTLY ABUSED OR NEGLECTED SUCH AN INDIVIDUAL, 148
WITH RESULTING SERIOUS PHYSICAL HARM. 149
(2) EXTENUATING CIRCUMSTANCES THE DIRECTOR MUST CONSIDER 151
INCLUDE THE USE OF PHYSICAL FORCE BY AN MR/DD EMPLOYEE THAT WAS 152
NECESSARY AS SELF-DEFENSE. 153
(3) IF THE DIRECTOR INCLUDES AN MR/DD EMPLOYEE IN THE 156
REGISTRY ESTABLISHED UNDER SECTION 5123.52 OF THE REVISED CODE,
THE DIRECTOR SHALL NOTIFY THE EMPLOYEE, THE PROVIDER WHO EMPLOYS 157
OR CONTRACTS WITH THE EMPLOYEE, THE INDIVIDUAL WITH MENTAL 158
RETARDATION OR A DEVELOPMENTAL DISABILITY WHO WAS THE SUBJECT OF 159
THE REPORT AND THAT INDIVIDUAL'S LEGAL GUARDIAN, IF ANY, THE 160
ATTORNEY GENERAL, AND THE PROSECUTING ATTORNEY OR OTHER LAW 162
ENFORCEMENT AGENCY. IF THE MR/DD EMPLOYEE HOLDS A LICENSE, 163
CERTIFICATE, REGISTRATION, OR OTHER AUTHORIZATION TO ENGAGE IN A 164
PROFESSION ISSUED PURSUANT TO TITLE XLVII OF THE REVISED CODE, 166
THE DIRECTOR SHALL NOTIFY THE APPROPRIATE AGENCY, BOARD, 167
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DEPARTMENT, OR OTHER ENTITY RESPONSIBLE FOR REGULATING THE 169
EMPLOYEE'S PROFESSIONAL PRACTICE.
(4) THE DIRECTOR SHALL NOT INCLUDE IN THE REGISTRY AN 171
INDIVIDUAL WHO HAS BEEN FOUND NOT GUILTY BY A COURT OR JURY OF AN 172
OFFENSE ARISING FROM THE SAME FACTS. 173
(E) FILES AND RECORDS OF INVESTIGATIONS CONDUCTED PURSUANT 175
TO THIS SECTION ARE NOT PUBLIC RECORDS AS DEFINED IN SECTION 177
149.43 OF THE REVISED CODE, BUT, ON REQUEST, THE DEPARTMENT SHALL 178
PROVIDE COPIES OF THOSE FILES AND RECORDS TO THE ATTORNEY 179
GENERAL, A PROSECUTING ATTORNEY, OR A LAW ENFORCEMENT AGENCY. 180
Sec. 5123.52. (A) THE DEPARTMENT OF MENTAL RETARDATION 182
AND DEVELOPMENTAL DISABILITIES SHALL ESTABLISH A REGISTRY OF 183
MR/DD EMPLOYEES CONSISTING OF THE NAMES OF MR/DD EMPLOYEES 184
INCLUDED IN THE REGISTRY PURSUANT TO SECTION 5123.51 OF THE 185
REVISED CODE.
(B) BEFORE A PROVIDER HIRES, CONTRACTS WITH, OR EMPLOYS AN 188
INDIVIDUAL AS AN MR/DD EMPLOYEE, THE PROVIDER SHALL INQUIRE 189
WHETHER THE INDIVIDUAL IS INCLUDED IN THE REGISTRY. 190
(C) WHEN IT RECEIVES AN INQUIRY REGARDING WHETHER AN 192
INDIVIDUAL IS INCLUDED IN THE REGISTRY, THE DEPARTMENT SHALL 193
INFORM THE PERSON MAKING THE INQUIRY WHETHER THE INDIVIDUAL IS 194
INCLUDED IN THE REGISTRY. 195
(D)(1) EXCEPT AS OTHERWISE PROVIDED IN A COLLECTIVE 197
BARGAINING AGREEMENT ENTERED INTO UNDER CHAPTER 4117. OF THE 198
REVISED CODE THAT IS IN EFFECT ON THE EFFECTIVE DATE OF THIS 200
SECTION, NO PERSON OR GOVERNMENT ENTITY SHALL HIRE, CONTRACT 201
WITH, OR EMPLOY AS AN MR/DD EMPLOYEE AN INDIVIDUAL WHO IS 203
INCLUDED IN THE REGISTRY. NOTWITHSTANDING SECTIONS 4117.08 AND
4117.10 OF THE REVISED CODE, NO AGREEMENT ENTERED INTO UNDER 205
CHAPTER 4117. OF THE REVISED CODE AFTER THE EFFECTIVE DATE OF 207
THIS SECTION MAY CONTAIN ANY PROVISION THAT IN ANY WAY LIMITS THE
EFFECT OR OPERATION OF THIS SECTION. 208
(2) NEITHER THE DEPARTMENT NOR ANY COUNTY BOARD OF MENTAL 210
RETARDATION AND DEVELOPMENTAL DISABILITIES MAY ENTER INTO A NEW 211
6
CONTRACT OR RENEW A CONTRACT WITH A PROVIDER WHO FAILS TO COMPLY 212
WITH THIS DIVISION UNTIL THE DEPARTMENT OR BOARD IS SATISFIED 213
THAT THE PROVIDER WILL COMPLY.
(3) EXCEPT IN CASES OF GROSS NEGLIGENCE OR WILLFUL OR 215
WANTON MISCONDUCT, A PROVIDER WHO FAILS TO HIRE OR RETAIN AS AN 216
EMPLOYEE A PERSON BECAUSE THE PERSON'S NAME APPEARS IN THE 217
REGISTRY SHALL NOT BE LIABLE IN DAMAGES IN A CIVIL ACTION BROUGHT 218
BY THE EMPLOYEE OR APPLICANT FOR EMPLOYMENT. TERMINATION OF 219
EMPLOYMENT PURSUANT TO DIVISION (D)(1) OF THIS SECTION 220
CONSTITUTES A DISCHARGE FOR JUST CAUSE FOR THE PURPOSES OF 221
SECTION 4141.29 OF THE REVISED CODE. 222
(E) INFORMATION CONTAINED IN THE REGISTRY IS A PUBLIC 224
RECORD FOR THE PURPOSES OF SECTION 149.43 OF THE REVISED CODE AND 225
IS SUBJECT TO INSPECTION AND COPYING UNDER SECTION 1347.08 OF THE 226
REVISED CODE. 228
Sec. 5123.53. AN INDIVIDUAL WHO IS INCLUDED IN THE 231
REGISTRY MAY PETITION THE DIRECTOR OF MENTAL RETARDATION AND 232
DEVELOPMENTAL DISABILITIES FOR REMOVAL FROM THE REGISTRY. IF THE 233
DIRECTOR DETERMINES THAT GOOD CAUSE EXISTS, THE DIRECTOR SHALL 234
REMOVE THE INDIVIDUAL FROM THE REGISTRY AND MAY PROPERLY REPLY TO 235
AN INQUIRY THAT THE INDIVIDUAL IS NOT INCLUDED IN THE REGISTRY. 236
GOOD CAUSE INCLUDES MEETING REHABILITATION STANDARDS ESTABLISHED 238
IN RULES ADOPTED UNDER SECTION 5123.54 OF THE REVISED CODE. 239
Sec. 5123.54. THE DIRECTOR OF MENTAL RETARDATION AND 241
DEVELOPMENTAL DISABILITIES SHALL ADOPT RULES UNDER CHAPTER 119. 243
OF THE REVISED CODE TO IMPLEMENT SECTIONS 5123.51, 5123.52, AND 244
5123.53 OF THE REVISED CODE. THE RULES SHALL ESTABLISH 245
REHABILITATION STANDARDS FOR THE PURPOSES OF SECTION 5123.53 OF
THE REVISED CODE AND SPECIFY CIRCUMSTANCES, OTHER THAN MEETING 246
THE STANDARDS, THAT CONSTITUTE GOOD CAUSE FOR THE PURPOSES OF 247
THAT SECTION.
Sec. 5123.61. (A) As used in this section: 256
(1) "Mentally retarded or developmentally disabled adult" 258
means a person who is eighteen years of age or older and is a 259
7
mentally retarded or developmentally disabled person. 260
(2) "Law enforcement agency" means the state highway 262
patrol, the police department of a municipal corporation, or a 263
county sheriff. 264
(2) "ABUSE" HAS THE SAME MEANING AS IN SECTION 5123.50 OF 266
THE REVISED CODE, EXCEPT THAT IT INCLUDES A MISAPPROPRIATION, AS 267
DEFINED IN THAT SECTION.
(3) "NEGLECT" HAS THE SAME MEANING AS IN SECTION 5123.50 269
OF THE REVISED CODE.
(B) The department of mental retardation and developmental 271
disabilities shall establish a registry office for the purpose of 272
maintaining reports of abuse and, neglect, AND OTHER MAJOR 274
UNUSUAL INCIDENTS AND UNUSUAL INCIDENTS made to the department
under this section and reports received from county boards of 275
mental retardation and developmental disabilities under section 276
5126.31 of the Revised Code. THE DEPARTMENT SHALL ESTABLISH 277
COMMITTEES TO REVIEW REPORTS OF ABUSE, NEGLECT, AND OTHER MAJOR 278
UNUSUAL INCIDENTS AND UNUSUAL INCIDENTS. 279
(C)(1) Any person listed in division (C)(2) of this 281
section, having reason to believe that a mentally retarded or 282
developmentally disabled adult PERSON WITH MENTAL RETARDATION OR 283
A DEVELOPMENTAL DISABILITY has suffered any wound, injury, 284
disability, or condition of such a nature as to reasonably 285
indicate abuse or neglect of that adult PERSON, shall immediately 287
report or cause reports to be made of such information to a law 288
enforcement agency or to the county board of mental retardation 289
and developmental disabilities, except that if the report 290
concerns a resident of a facility operated by the department of 291
mental retardation and developmental disabilities the report 292
shall be made either to a law enforcement agency or to the 293
department. 294
(2) All of the following persons are required to make a 296
report under division (C)(1) of this section: 297
(a) Any physician, including a hospital intern or 299
8
resident, any dentist, podiatrist, chiropractor, practitioner of 300
a limited branch of medicine as specified in section 4731.15 of 303
the Revised Code, hospital administrator or employee of a 304
hospital, nurse licensed under Chapter 4723. of the Revised Code, 305
employee of an ambulatory health facility as defined in section 306
5101.61 of the Revised Code, employee of a home health agency, 307
employee of an adult care facility licensed under Chapter 3722. 308
of the Revised Code, or employee of a community mental health
facility; 309
(b) Any school teacher or school authority, social worker, 311
psychologist, attorney, peace officer, coroner, clergyman, or 312
residents' rights advocate as defined in section 3721.10 of the 313
Revised Code; 314
(c) A superintendent, board member, or employee of a 316
county board of mental retardation and developmental 317
disabilities; an administrator, board member, or employee of a 318
residential facility licensed under section 5123.19 of the 319
Revised Code; or an administrator, board member, or employee of 320
any other public or private provider of services to a mentally 321
retarded or developmentally disabled adult ANY MR/DD EMPLOYEE, AS 323
DEFINED IN SECTION 5123.50 OF THE REVISED CODE; 324
(d) A member of a citizen's advisory council established 326
at an institution or branch institution of the department of 327
mental retardation and developmental disabilities under section 328
5123.092 of the Revised Code; 329
(e) A person who, while acting in an official or 331
professional capacity, renders spiritual treatment through prayer 333
in accordance with the tenets of an organized religion.
(3) The reporting requirements of this division do not 335
apply to members of the legal rights service commission or to 336
employees of the legal rights service. 337
(D) The reports required under division (C) of this 339
section shall be made forthwith by telephone or in person and 340
shall be followed by a written report. The reports shall contain 341
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the following: 342
(1) The names and addresses of the mentally retarded or 344
developmentally disabled adult PERSON WITH MENTAL RETARDATION OR 345
A DEVELOPMENTAL DISABILITY and the adult's PERSON'S custodian, if 347
known;
(2) The mentally retarded or developmentally disabled 349
adult's age and the nature and extent of the adult's injuries or 350
physical neglect, including any evidence of previous injuries or 351
physical neglect OF THE PERSON WITH MENTAL RETARDATION OR A 352
DEVELOPMENTAL DISABILITY; 353
(3) Any other information which might be helpful in 355
establishing the cause of the injury, abuse, or physical neglect 356
THAT WOULD ASSIST IN THE INVESTIGATION OF THE REPORT. 357
(E) When a physician performing services as a member of 359
the staff of a hospital or similar institution has reason to 360
believe that a mentally retarded or developmentally disabled 361
adult PERSON WITH MENTAL RETARDATION OR A DEVELOPMENTAL 362
DISABILITY has suffered injury, abuse, or physical neglect, the 363
physician shall notify the person in charge of the institution or 364
that person's designated delegate, who shall make the necessary 365
reports.
(F) Any person having reasonable cause to believe that a 367
mentally retarded or developmentally disabled adult PERSON WITH 368
MENTAL RETARDATION OR A DEVELOPMENTAL DISABILITY has suffered 369
abuse or neglect may report the belief, or cause a report to be 370
made, to a law enforcement agency or the county board of mental 371
retardation and developmental disabilities, or, if the adult 372
PERSON is a resident of a facility operated by the department of 373
mental retardation and developmental disabilities, to a law 374
enforcement agency or to the department. 375
(G)(1) Upon the receipt of a report concerning the 377
possible nonaccidental infliction of a physical injury upon a 378
mentally retarded or developmentally disabled adult ABUSE OR 379
NEGLECT OF A PERSON WITH MENTAL RETARDATION OR A DEVELOPMENTAL 380
10
DISABILITY, the law enforcement agency shall inform the county 381
board of mental retardation and developmental disabilities or, if 382
the adult PERSON is a resident of a facility operated by the 383
department of mental retardation and developmental disabilities, 384
the director of the department or the director's designee. 385
(2) On receipt of a report under this section THAT 388
INCLUDES AN ALLEGATION OF ACTION OR INACTION THAT MAY CONSTITUTE 389
A CRIME UNDER FEDERAL LAW OR THE LAW OF THIS STATE, the 390
department of mental retardation and developmental disabilities 391
shall notify the law enforcement agency. 392
(3) When a county board of mental retardation and 394
developmental disabilities receives a report under this section 395
THAT INCLUDES AN ALLEGATION OF ACTION OR INACTION THAT MAY 396
CONSTITUTE A CRIME UNDER FEDERAL LAW OR THE LAW OF THIS STATE, 397
the superintendent of the board or an individual the 398
superintendent designates under division (H) of this section 400
shall notify the law enforcement agency and. THE SUPERINTENDENT 401
OR INDIVIDUAL SHALL NOTIFY the department of mental retardation 402
and developmental disabilities WHEN IT RECEIVES ANY REPORT UNDER 403
THIS SECTION. 404
(H) The superintendent of the board may designate an 406
individual to be responsible for notifying the law enforcement 407
agency and the department when the county board receives a report 408
under this section. 409
(I) A mentally retarded or developmentally disabled AN 411
adult WITH MENTAL RETARDATION OR A DEVELOPMENTAL DISABILITY about 413
whom a report is made may be removed from the adult's place of 414
residence only by law enforcement officers who consider that the
adult's immediate removal is essential to protect the adult from 415
further injury or abuse or in accordance with the order of a 416
court made pursuant to section 5126.33 of the Revised Code. 417
(J) A law enforcement agency shall investigate each report 419
of abuse or neglect made IT RECEIVES under this section. In 420
addition, the department, in cooperation with law enforcement 422
11
officials, shall investigate each report regarding a resident of 423
a facility operated by the department to determine the 424
circumstances surrounding the injury, the cause of the injury, 425
and the person responsible. The department shall determine, with 426
the registry office which shall be maintained by the department, 427
whether prior reports have been made concerning the mentally 428
retarded or developmentally disabled adult PERSON WITH MENTAL 429
RETARDATION OR A DEVELOPMENTAL DISABILITY or other principals in 430
the case. The IF THE department FINDS THAT THE REPORT INVOLVES 431
ACTION OR INACTION THAT MAY CONSTITUTE A CRIME UNDER FEDERAL LAW 432
OR THE LAW OF THIS STATE, IT shall submit a report of its 433
investigation, in writing, to the law enforcement agency. IF THE 434
PERSON WITH MENTAL RETARDATION OR A DEVELOPMENTAL DISABILITY IS 435
AN ADULT, and with the consent of the adult, THE DEPARTMENT shall 436
provide such protective services as are necessary to protect the 438
adult. The law enforcement agency shall make a written report of 439
its findings to the department.
If the adult PERSON is not a resident of a facility 441
operated by the department, the county board of mental 442
retardation and developmental disabilities shall review the 443
report of abuse or neglect in accordance with sections 5126.30 to 444
5126.33 of the Revised Code and the law enforcement agency shall 445
make the written report of its findings to the county board. 446
(K) Any person or any hospital, institution, school, 448
health department, or agency participating in the making of 449
reports pursuant to this section, any person participating as a 450
witness in an administrative or judicial proceeding resulting 451
from the reports, or any person or governmental entity that 452
discharges responsibilities under sections 5126.31 to 5126.33 of 453
the Revised Code shall be immune from any civil or criminal 454
liability that might otherwise be incurred or imposed as a result 455
of such actions except liability for perjury, unless the person 456
or governmental entity has acted in bad faith or with malicious 457
purpose. 458
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(L) No employer or any person with the authority to do so 460
shall discharge, demote, transfer, prepare a negative work 461
performance evaluation, reduce pay or benefits, terminate work 462
privileges, or take any other action detrimental to an employee 463
or retaliate against an employee as a result of the employee's 464
having made a report under this section. This division does not 465
preclude an employer or person with authority from taking action 466
with regard to an employee who has made a report under this 467
section if there is another reasonable basis for the action. 468
(M) Reports made under this section are not public records 470
as defined in section 149.43 of the Revised Code. Information 471
contained in the reports on request shall be made available to 472
the adult PERSON who is the subject of the report, to the adult's 474
PERSON'S legal counsel, and to agencies authorized to receive 475
information in the report by the department or by a county board 476
of mental retardation and developmental disabilities. 477
(N) Notwithstanding section 4731.22 of the Revised Code, 479
the physician-patient privilege shall not be a ground for 480
excluding evidence regarding a mentally retarded or 481
developmentally disabled adult's THE injuries or physical neglect 482
OF A PERSON WITH MENTAL RETARDATION OR A DEVELOPMENTAL DISABILITY 483
or the cause thereof in any judicial proceeding resulting from a 484
report submitted pursuant to this section. 485
Sec. 5126.28. (A) As used in this section: 494
(1) "Applicant" means a person who is under final 496
consideration for appointment or employment in a position with a 497
county board of mental retardation and developmental 498
disabilities. 499
(2) "Criminal records check" has the same meaning as in 501
section 109.572 of the Revised Code. 502
(3) "Minor drug possession offense" has the same meaning 504
as in section 2925.01 of the Revised Code. 505
(B) The superintendent of a county board of mental 507
retardation and developmental disabilities shall request the 508
13
superintendent of the bureau of criminal identification and 509
investigation to conduct a criminal records check with respect to 510
any applicant who has applied to the board for employment in any 511
position, except that a county board superintendent is not 512
required to request a criminal records check for an employee of 513
the board who is being considered for a different position or is 514
returning after a leave of absence or seasonal break in 515
employment, as long as the superintendent has no reason to 516
believe that the employee has committed any of the offenses 517
listed or described in division (E) of this section. 518
If the applicant does not present proof that the applicant 521
has been a resident of this state for the five-year period 522
immediately prior to the date upon which the criminal records 523
check is requested, the county board superintendent shall request 524
that the superintendent of the bureau obtain information from the 525
federal bureau of investigation as a part of the criminal records 526
check for the applicant. If the applicant presents proof that 527
the applicant has been a resident of this state for that 528
five-year period, the county board superintendent may request 529
that the superintendent of the bureau include information from 530
the federal bureau of investigation in the criminal records 531
check. For purposes of this division, an applicant may provide 532
proof of residency in this state by presenting, with a notarized 533
statement asserting that the applicant has been a resident of 534
this state for that five-year period, a valid driver's license, 535
notification of registration as an elector, a copy of an 536
officially filed federal or state tax form identifying the 537
applicant's permanent residence, or any other document the 538
superintendent considers acceptable.
(C) The county board superintendent shall provide to each 540
applicant a copy of the form prescribed pursuant to division 541
(C)(2) of section 109.572 of the Revised Code, provide to each 542
applicant a standard impression sheet to obtain fingerprint 543
impressions prescribed pursuant to division (C)(2) of section 544
14
109.572 of the Revised Code, obtain the completed form and 545
impression sheet from each applicant, and forward the completed 546
form and impression sheet to the superintendent of the bureau of 547
criminal identification and investigation at the time the 548
criminal records check is requested. 549
Any applicant who receives pursuant to this division a copy 551
of the form prescribed pursuant to division (C)(1) of section 552
109.572 of the Revised Code and a copy of an impression sheet 553
prescribed pursuant to division (C)(2) of that section and who is 554
requested to complete the form and provide a set of fingerprint 555
impressions shall complete the form or provide all the 556
information necessary to complete the form and shall provide the 557
impression sheet with the impressions of the applicant's 558
fingerprints. If an applicant, upon request, fails to provide 559
the information necessary to complete the form or fails to 560
provide impressions of the applicant's fingerprints, the county 561
board superintendent shall not employ that applicant. 562
(D) A county board superintendent may request any other 564
state or federal agency to supply the board with a written report 566
regarding the criminal record of each applicant. With regard to
an applicant who becomes a board employee, if the employee holds 568
an occupational or professional license or other credentials, the
superintendent may request that the state or federal agency that 569
regulates the employee's occupation or profession supply the 570
board with a written report of any information pertaining to the 571
employee's criminal record that the agency obtains in the course 572
of conducting an investigation or in the process of renewing the 573
employee's license or other credentials.
(E) Except as provided in division (K)(2) of this section 575
and in rules adopted by the department of mental retardation and 576
developmental disabilities in accordance with division (M) of 577
this section, no county board of mental retardation and 578
developmental disabilities shall employ a person to fill a 579
position with the board who has been convicted of or pleaded 580
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guilty to any of the following: 581
(1) A violation of section 2903.01, 2903.02, 2903.03, 583
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 584
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05, 586
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 587
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 588
2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25, 589
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, 590
2925.06, or 3716.11 of the Revised Code, a violation of section 591
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 592
have been a violation of section 2905.04 of the Revised Code as 593
it existed prior to July 1, 1996, had the violation occurred 594
prior to that date, a violation of section 2925.11 of the Revised 595
Code that is not a minor drug possession offense, or felonious 596
sexual penetration in violation of former section 2907.12 of the 597
Revised Code;
(2) A felony contained in the Revised Code that is not 599
listed in this division, if the felony bears a direct and 600
substantial relationship to the duties and responsibilities of 601
the position being filled; 602
(3) A violation of an existing or former law of this 604
state, any other state, or the United States, if the offense is 605
substantially equivalent to any of the offenses described in 606
division (E)(1) or (2) of this section. 607
(F) Prior to employing an applicant, the county board 609
superintendent shall require the applicant to submit a statement 610
with the applicant's signature attesting that the applicant has 611
not been convicted of or pleaded guilty to any of the offenses 612
described in division (E) of this section. The superintendent 613
also shall require the applicant to sign an agreement under which 615
the applicant agrees to notify the superintendent if while
employed by the board the person is ever formally charged for any 616
of the offenses listed or described in division (E) of this 618
16
section. The agreement shall inform the applicant that failure 619
to report formal charges may result in being dismissed from 620
employment.
(G) A county board of mental retardation and developmental 623
disabilities shall pay to the bureau of criminal identification 624
and investigation the fee prescribed pursuant to division (C)(2) 625
of section 109.572 of the Revised Code for each criminal records 626
check requested and conducted pursuant to this section. 627
(H)(1) Any report obtained pursuant to this section is not 629
a public record for purposes of section 149.43 of the Revised 630
Code and shall not be made available to any person, other than 631
the applicant who is the subject of the records check or criminal 632
records check or the applicant's representative, the board 633
requesting the records check or criminal records check or its 634
representative, the department of mental retardation and 636
developmental disabilities, and any court, hearing officer, or 637
other necessary individual involved in a case dealing with the 638
denial of employment to the applicant or the denial, suspension, 639
or revocation of a certificate or evidence of registration under 640
section 5126.25 of the Revised Code. 641
(2) An individual for whom a county board superintendent 643
has obtained reports under this section may submit a written 644
request to the county board to have copies of the reports sent to 646
any state agency, entity of local government, or private entity. 647
The individual shall specify in the request the entities to which 648
the copies are to be sent. On receiving the request, the county 649
board shall send copies of the reports to the entities specified. 650
A county board may request that a state agency, entity of 652
local government, or private entity send copies to the board of 653
any report regarding a records check or criminal records check 654
that the entity possesses, if the county board obtains the 655
written consent of the individual who is the subject of the 656
report. 657
(I) Each county board superintendent shall request the 659
17
registrar of motor vehicles to supply the superintendent with a 660
certified abstract regarding the record of convictions for 661
violations of motor vehicle laws of each applicant who will be 662
required by the applicant's employment to transport individuals 663
with mental retardation or developmental disabilities or to 664
operate the board's vehicles for any other purpose. For each 665
abstract provided under this section, the board shall pay the 666
amount specified in section 4509.05 of the Revised Code. 667
(J) The county board superintendent shall provide each 669
applicant with a copy of any report or abstract obtained about 670
the applicant under this section. The superintendent also shall 671
provide the department of mental retardation and developmental 672
disabilities with a copy of each report or abstract obtained 673
under this section. 674
(K)(1) The county board superintendent shall inform each 676
person, at the time of the person's initial application for 677
employment, that the person is required to provide a set of 678
impressions of the person's fingerprints and that a criminal 679
records check is required to be conducted and satisfactorily 680
completed in accordance with section 109.572 of the Revised Code 681
if the person comes under final consideration for appointment or 682
employment as a precondition to employment for that position. 683
(2) A board may employ an applicant pending receipt of 686
reports requested under this section. The board shall terminate 687
employment of any such applicant if it is determined from the 688
reports that the applicant failed to inform the county board that 689
the applicant had been convicted of or pleaded guilty to any of
the offenses listed or described in division (E) of this section. 690
(L) The board may charge an applicant a fee for costs it 692
incurs in obtaining reports, abstracts, or fingerprint 693
impressions under this section. A fee charged under this 694
division shall not exceed the amount of the fees the board pays 695
under divisions (G) and (I) of this section. If a fee is charged 696
under this division, the board shall notify the applicant of the 697
18
amount of the fee at the time of the applicant's initial 698
application for employment and that unless the fee is paid, the 699
board will not consider the applicant for employment. 700
(M) The department of mental retardation and developmental 702
disabilities shall adopt rules pursuant to Chapter 119. of the 703
Revised Code to implement this section and section 5126.281 of 704
the Revised Code, including rules specifying circumstances under 705
which a county board or contracting entity may hire a person who 706
has been convicted of an offense listed or described in division 707
(E) of this section but who meets standards in regard to 708
rehabilitation set by the department. THE RULES MAY NOT 709
AUTHORIZE A COUNTY BOARD OR CONTRACTING ENTITY TO HIRE AN 710
INDIVIDUAL WHO IS INCLUDED IN THE REGISTRY ESTABLISHED UNDER 711
SECTION 5123.52 OF THE REVISED CODE.
Sec. 5126.30. As used in sections 5126.30 to 5126.33 of 720
the Revised Code: 721
(A) "Mentally retarded or developmentally disabled adult" 723
and "adult ADULT" mean MEANS a person eighteen years of age or 725
older who is developmentally disabled or mentally retarded WITH 726
MENTAL RETARDATION OR A DEVELOPMENTAL DISABILITY. 727
(B) "Caretaker" means a person who is responsible for the 729
care of an adult by order of a court, including an order of 730
guardianship, or who assumes the responsibility for the care of 731
an adult as a volunteer, as a family member, by contract, or by 732
the acceptance of payment for care. 733
(C) "Abuse" means any of the following: 735
(1) An act, or a failure to act, that results or could 737
result in emotional or physical injury to an adult, unless the 738
act is done in self-defense or by accident; 739
(2) An act that constitutes "sexual activity" as defined 741
in section 2907.01 HAS THE SAME MEANING AS IN SECTION 5123.50 of 744
the Revised Code and would constitute an offense under Chapter 745
2907. of the Revised Code;
(3) Insulting or coarse language or gestures directed 747
19
toward an adult that subject him to humiliation or degradation; 749
(4) An act that deprives an adult of real or personal 751
property by fraudulent or illegal means, EXCEPT THAT IT INCLUDES 752
A MISAPPROPRIATION, AS DEFINED IN THAT SECTION. 753
(D) "Neglect" means the failure of an adult or a caretaker 755
to provide goods and services necessary for the adult to avoid 756
physical harm HAS THE SAME MEANING AS IN SECTION 5123.50 OF THE 758
REVISED CODE.
(E) "Working day" means Monday, Tuesday, Wednesday, 760
Thursday, or Friday, except when that day is a holiday as defined 761
in section 1.14 of the Revised Code. 762
(F) "Incapacitated" means lacking understanding or 764
capacity, with or without the assistance of a caretaker, to make 765
and carry out decisions regarding food, clothing, shelter, health 766
care, or other necessities, but does not include mere refusal to 767
consent to the provision of services. 768
Sec. 5126.31. (A) A county board of mental retardation 777
and developmental disabilities shall review reports of abuse and 778
neglect made under section 5123.61 of the Revised Code and 779
reports referred to it under section 5101.611 of the Revised Code 780
to determine whether the person who is the subject of the report 781
is a mentally retarded or developmentally disabled adult in need 782
of services to deal with the abuse or neglect. The board shall 783
give notice of each report to the registry office of the 784
department of mental retardation and developmental disabilities 785
established pursuant to section 5123.61 of the Revised Code on 786
the first working day after receipt of the report. If the report 787
alleges that there is a substantial risk to the adult PERSON of 788
immediate physical harm or death, the board shall initiate review 789
within twenty-four hours of its receipt of the report. If the 790
board determines that the person is sixty years of age or older 791
but is DOES not mentally retarded or developmentally disabled 793
HAVE MENTAL RETARDATION OR A DEVELOPMENTAL DISABILITY, it shall 794
refer the case to the county department of job and family 795
20
services. If the board determines that the person is a mentally
retarded or developmentally disabled adult HAS MENTAL RETARDATION 797
OR A DEVELOPMENTAL DISABILITY, it shall continue its review of 798
the case. 799
(B) For each review over which the board retains 801
responsibility under division (A) of this section, it shall do 802
all of the following: 803
(1) Give both written and oral notice of the purpose of 805
the review to the adult PERSON and, if any, to the adult's 807
PERSON'S legal counsel or caretaker, in simple and clear 808
language;
(2) Visit the adult PERSON, in the adult's PERSON'S 811
residence if possible, and explain the notice given under 812
division (B)(1) of this section;
(3) Request from the registry office any prior reports 814
concerning the adult PERSON or other principals in the case; 815
(4) Consult, if feasible, with the person who made the 817
report under section 5101.61 or 5123.61 of the Revised Code and 818
with any agencies or persons who have information about the 819
alleged abuse or neglect; 820
(5) Cooperate fully with the law enforcement agency 822
responsible for investigating the report and for filing any 823
resulting criminal charges and, on request, turn over evidence to 824
the agency; 825
(6) Determine IF THE PERSON IS AN ADULT, DETERMINE whether 827
the adult needs services, and prepare a written report stating 829
reasons for the determination. No adult shall be determined to be 830
abused, neglected, or in need of services for the sole reason 831
that, in lieu of medical treatment, the adult relies on or is 832
being furnished spiritual treatment through prayer alone in 834
accordance with the tenets and practices of a church or religious 835
denomination of which the adult is a member or adherent. 837
(C) The board shall arrange for the provision of services 839
for the prevention, correction or discontinuance of abuse or 840
21
neglect or of a condition resulting from abuse or neglect for any 841
adult who has been determined to need the services and consents 842
to receive them. These services may include, but are not limited 843
to, case management, fiscal management, medical, mental health, 844
home health care, homemaker, legal, and residential services and 845
the provision of temporary accommodations and necessities such as 846
food and clothing. The services do not include acting as a 847
guardian, trustee, or protector as defined in section 5123.55 of 848
the Revised Code. If the provision of residential services would 849
require expenditures by the department of mental retardation and 850
developmental disabilities, the board shall obtain the approval 851
of the department prior to arranging the residential services. 852
To arrange services, the board shall: 854
(1) Develop an individualized service plan identifying the 857
types of services required for the adult, the goals for the 858
services, and the persons or agencies that will provide them; 859
(2) In accordance with rules established by the director 861
of mental retardation and developmental disabilities, obtain the 862
consent of the adult or the adult's guardian to the provision of 864
any of these services and obtain the signature of the adult or 865
guardian on the individual service plan. An adult who has been 866
found incompetent under Chapter 2111. of the Revised Code may 867
consent to services. If the board is unable to obtain consent, 868
it may seek, if the adult is incapacitated, a court order 869
pursuant to section 5126.33 of the Revised Code authorizing the 870
board to arrange these services. 871
(D) The board shall ensure that the adult receives the 873
services arranged by the board from the provider and shall have 874
the services terminated if the adult withdraws consent. 875
(E) On completion of a review, the board shall submit a 877
written report to the law enforcement agency responsible for 878
investigating the report and to the registry office ESTABLISHED 879
UNDER SECTION 5123.61 OF THE REVISED CODE. IF THE REPORT 880
INCLUDES A FINDING THAT A PERSON WITH MENTAL RETARDATION OR A 881
22
DEVELOPMENTAL DISABILITY IS A VICTIM OF ACTION OR INACTION THAT 882
MAY CONSTITUTE A CRIME UNDER FEDERAL LAW OR THE LAW OF THIS
STATE, THE BOARD SHALL SUBMIT THE REPORT TO THE LAW ENFORCEMENT 883
AGENCY RESPONSIBLE FOR INVESTIGATING THE REPORT. Reports 884
prepared under this section are not public records as defined in 885
section 149.43 of the Revised Code. 886
(F) The board shall provide comprehensive formal training 888
for employees and other persons authorized to implement the 889
requirements of this section. 890
Sec. 5126.32. If during the course of the review conducted 899
under section 5126.31 of the Revised Code, any person denies or 900
obstructs the board's access to the residence of the adult PERSON 902
who is the subject of a report of abuse or neglect, the board may 903
file a petition with the probate court of the county in which the 904
residence is located for a temporary restraining order, in 905
accordance with Civil Rule 65, to prevent the denial or 906
obstruction of access. If the court finds reasonable cause to 907
believe that the adult PERSON is abused or neglected and that 908
access to his THE PERSON'S residence has been denied or 910
obstructed, the court shall issue a temporary order restraining 912
the interference or obstruction. After the order has been 913
obtained, at the request of the board an officer of the law 914
enforcement agency investigating the report shall accompany 915
representatives of the board to the adult's PERSON'S residence. 916
If a person refuses to allow or interferes with the 918
provision of services described in division (C) of section 919
5126.31 of the Revised Code to an adult A PERSON who has 920
consented to them, the county board may file a petition with the 922
probate court of the county in which the adult PERSON WHO 923
CONSENTED resides for appropriate injunctive relief in accordance 925
with Civil Rule 65.
Sec. 5126.33. (A) A county board of mental retardation 934
and developmental disabilities may file a complaint with the 935
probate court of the county in which a mentally retarded or 936
23
developmentally disabled AN adult WITH MENTAL RETARDATION OR A 937
DEVELOPMENTAL DISABILITY resides for an order authorizing the 939
board to arrange services described in division (C) of section 940
5126.31 of the Revised Code for that adult if the board has been 941
unable to secure consent. The complaint shall include:
(1) The name, age, and address of the adult; 943
(2) Facts describing the nature of the abuse or neglect 945
and supporting the board's belief that services are needed; 946
(3) The types of services proposed by the board, as set 948
forth in the individualized service plan prepared pursuant to 949
section 5126.31 of the Revised Code and filed with the complaint; 950
(4) Facts showing the board's attempts to obtain the 952
consent of the adult or his THE ADULT'S guardian to the services. 954
(B)(1) The board shall give the adult notice of the filing 956
of the complaint and in simple and clear language shall inform 957
him THE ADULT of his THE ADULT'S rights in the hearing under 959
division (C) of this section and explain the consequences of a 960
court order. This notice shall be personally served upon the 961
adult and also shall be given to the adult's caretaker, his THE 962
ADULT'S legal counsel, if any, and the legal rights service. The 964
notice shall be given at least twenty-four hours prior to the 965
hearing, although the court may waive this requirement upon a 966
showing that there is a substantial risk that the adult will 967
suffer immediate physical harm in the twenty-four hour period and 968
that the board has made reasonable attempts to give the notice 969
required by this division.
(C) Upon the filing of a complaint for an order under this 971
section, the court shall hold a hearing at least twenty-four 972
hours and no later than seventy-two hours after the notice under 973
division (B)(1) of this section has been given unless the court 974
has waived the notice. The adult shall have the right to be 975
present at the hearing, present evidence, and examine and 976
cross-examine witnesses. The adult shall be represented by 977
counsel unless the court finds that the adult has made a 978
24
voluntary, informed, and knowing waiver of the right to counsel. 979
If the adult is indigent, the court shall appoint counsel to 980
represent him THE ADULT. The board shall be represented by the 981
county prosecutor or an attorney designated by the board. 983
(D)(1) The court shall issue an order authorizing the 985
board to arrange the services if it finds, on the basis of clear 986
and convincing evidence, all of the following: 987
(a) The adult has been abused or neglected; 989
(b) The adult is incapacitated; 991
(c) There is a substantial risk to the adult of immediate 993
physical harm or death; 994
(d) The adult is in need of the services; 996
(e) No person authorized by law or court order to give 998
consent for the adult is available or willing to consent to the 999
services. 1,000
(2) In formulating the order, the court shall consider the 1,002
individual service plan and shall specifically designate the 1,003
services that are necessary to deal with the abuse or neglect or 1,004
condition resulting from abuse or neglect and that are available 1,005
locally, and authorize the board to arrange for these services 1,006
only. The court shall limit the provision of these services to a 1,007
period not exceeding fourteen days, renewable for an additional 1,008
fourteen-day period on a showing by the board that continuation 1,009
of the order is necessary. 1,010
(E) If the court finds that all other options for meeting 1,012
the adult's needs have been exhausted, it may order that the 1,013
adult be removed from his THE ADULT'S place of residence and 1,014
placed in another residential setting. Before issuing that 1,016
order, the court shall consider the adult's choice of residence 1,017
and shall determine that the new residential setting is the least 1,018
restrictive alternative available for meeting his THE ADULT'S 1,019
needs and is a place where the adult can obtain the necessary 1,021
requirements for daily living in safety. The court shall not 1,022
order an adult to a hospital or public hospital as defined in 1,023
25
section 5122.01 or a state institution as defined in section 1,024
5123.01 of the Revised Code. 1,025
(F) The court shall not authorize a change in an adult's 1,027
placement ordered under division (E) of this section unless it 1,028
finds compelling reasons to justify a change. The parties to 1,029
whom notice was given in division (B) of this section shall be 1,030
given notice of a proposed change at least five working days 1,031
prior to the change. 1,032
(G) The adult, the board, or any other person who received 1,034
notice of the petition may file a motion for modification of the 1,035
court order at any time. 1,036
(H) The county board shall pay court costs incurred in 1,038
proceedings brought pursuant to this section. The adult shall 1,039
not be required to pay for court-ordered services. 1,040
Section 2. That existing sections 5123.61, 5126.28, 1,042
5126.30, 5126.31, 5126.32, and 5126.33 of the Revised Code are 1,043
hereby repealed.
Section 3. Section 5126.31 of the Revised Code is amended 1,045
by this act and also by H.B. 471 of the 123rd General Assembly 1,046
(effective July 1, 2000). The amendments of H.B. 471 are 1,047
included in this act in lower case to confirm the intention to 1,048
retain them, but are not intended to be effective until July 1, 1,049
2000.