As Reported by House Children and Family Services Committee 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
REPRESENTATIVES WINKLER-WILLAMOWSKI-O'BRIEN-SMITH-METZGER- 11
GRENDELL-A. CORE-PRINGLE-CALVERT-FLANNERY-CLANCY 12
_________________________________________________________________ 13
A B I L L
To amend sections 5123.61, 5126.28, 5126.30, 15
5126.31, and 5126.33 and to enact sections 16
5123.50 to 5123.54 of the Revised Code to
establish a registry of persons found by the 17
Department of Mental Retardation and 18
Developmental Disabilities to have abused or
neglected an individual with mental retardation 19
or a developmental disability, to prohibit 20
employment of such persons in certain positions,
to limit the types of abuse and neglect reports 22
that are referred to law enforcement agencies,
and to authorize the Director of Mental 23
Retardation and Developmental Disabilities to
adopt rules regarding mandatory reporting of 24
certain incidents.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 26
Section 1. That sections 5123.61, 5126.28, 5126.30, 28
5126.31, and 5126.33 be amended and sections 5123.50, 5123.51, 29
5123.52, 5123.53, and 5123.54 of the Revised Code be enacted to 31
read as follows:
Sec. 5123.50. AS USED IN THIS SECTION AND SECTIONS 5123.51 33
AND 5123.52 OF THE REVISED CODE: 34
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(A) "ABUSE" MEANS ALL OF THE FOLLOWING: 36
(1) THE USE OF PHYSICAL FORCE THAT CAN REASONABLY BE 38
EXPECTED TO RESULT IN PHYSICAL HARM OR SERIOUS PHYSICAL HARM; 39
(2) SEXUAL ABUSE; 41
(3) VERBAL ABUSE. 43
(B) "MISAPPROPRIATION" MEANS DEPRIVING, DEFRAUDING, OR 45
OTHERWISE OBTAINING THE REAL OR PERSONAL PROPERTY OF AN 46
INDIVIDUAL BY ANY MEANS PROHIBITED BY THE REVISED CODE, INCLUDING 47
VIOLATIONS OF CHAPTER 2911. OR 2913. OF THE REVISED CODE. 48
(C) "MR/DD EMPLOYEE" MEANS ALL OF THE FOLLOWING: 50
(1) AN EMPLOYEE OF THE DEPARTMENT OF MENTAL RETARDATION 52
AND DEVELOPMENTAL DISABILITIES; 53
(2) AN EMPLOYEE OF A COUNTY BOARD OF MENTAL RETARDATION 55
AND DEVELOPMENTAL DISABILITIES; 56
(3) AN "ICF/MR WORKER," AS DEFINED IN SECTION 5123.193 OF 58
THE REVISED CODE; 59
(4) AN INDIVIDUAL WHO IS EMPLOYED IN A POSITION THAT 61
INCLUDES PROVIDING SPECIALIZED SERVICES TO AN INDIVIDUAL WITH 63
MENTAL RETARDATION OR A DEVELOPMENTAL DISABILITY.
(D) "NEGLECT" MEANS, WHEN THERE IS A DUTY TO DO SO, 65
FAILING TO PROVIDE AN INDIVIDUAL WITH ANY TREATMENT, CARE, GOODS, 67
OR SERVICES THAT ARE NECESSARY TO MAINTAIN THE HEALTH AND SAFETY 68
OF THE INDIVIDUAL.
(E) "PHYSICAL HARM" AND "SERIOUS PHYSICAL HARM" HAVE THE 70
SAME MEANINGS AS IN SECTION 2901.01 OF THE REVISED CODE. 71
(F) "SEXUAL ABUSE" MEANS UNLAWFUL SEXUAL CONDUCT OR SEXUAL 73
CONTACT, AS THOSE TERMS ARE DEFINED IN SECTION 2907.01 OF THE 74
REVISED CODE.
(G) "SPECIALIZED SERVICES" MEANS ANY PROGRAM OR SERVICE 76
DESIGNED AND OPERATED TO SERVE PRIMARILY INDIVIDUALS WITH MENTAL 77
RETARDATION OR A DEVELOPMENTAL DISABILITY, INCLUDING A PROGRAM OR 79
SERVICE PROVIDED BY AN ENTITY LICENSED OR CERTIFIED BY THE 80
DEPARTMENT OF MENTAL RETARDATION AND DEVELOPMENTAL DISABILITIES. 81
A PROGRAM OR SERVICE AVAILABLE TO THE GENERAL PUBLIC IS NOT A 82
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SPECIALIZED SERVICE.
(H) "VERBAL ABUSE" MEANS PURPOSELY USING WORDS TO 84
THREATEN, COERCE, INTIMIDATE, HARASS, OR HUMILIATE AN INDIVIDUAL. 85
Sec. 5123.51. (A) IN ADDITION TO ANY OTHER ACTION 87
REQUIRED BY SECTIONS 5123.61 AND 5126.31 OF THE REVISED CODE, THE 88
DEPARTMENT OF MENTAL RETARDATION AND DEVELOPMENTAL DISABILITIES 89
SHALL REVIEW EACH REPORT THE DEPARTMENT RECEIVES OF ABUSE OR 90
NEGLECT OF AN INDIVIDUAL WITH MENTAL RETARDATION OR A 91
DEVELOPMENTAL DISABILITY OR MISAPPROPRIATION OF AN INDIVIDUAL'S 92
PROPERTY THAT INCLUDES AN ALLEGATION THAT AN MR/DD EMPLOYEE 93
COMMITTED OR WAS RESPONSIBLE FOR THE ABUSE, NEGLECT, OR 94
MISAPPROPRIATION. THE DEPARTMENT SHALL REVIEW A REPORT IT 95
RECEIVES FROM A PUBLIC CHILDREN SERVICES AGENCY ONLY AFTER THE
AGENCY COMPLETES ITS INVESTIGATION PURSUANT TO SECTION 2151.421 96
OF THE REVISED CODE. 97
(B) THE DEPARTMENT SHALL DO BOTH OF THE FOLLOWING: 100
(1) INVESTIGATE THE ALLEGATION OR ADOPT THE FINDINGS OF AN 103
INVESTIGATION OR REVIEW OF THE ALLEGATION CONDUCTED BY ANOTHER 104
PERSON OR GOVERNMENT ENTITY AND DETERMINE WHETHER THERE IS A 105
REASONABLE BASIS FOR THE ALLEGATION;
(2) IF THE DEPARTMENT DETERMINES THAT THERE IS A 107
REASONABLE BASIS FOR THE ALLEGATION, CONDUCT AN ADJUDICATION 108
PURSUANT TO CHAPTER 119. OF THE REVISED CODE. 109
(C)(1) THE DEPARTMENT SHALL APPOINT AN INDEPENDENT HEARING 112
OFFICER TO CONDUCT ANY HEARING CONDUCTED PURSUANT TO DIVISION 113
(B)(2) OF THIS SECTION, EXCEPT THAT, IF THE HEARING IS REGARDING 114
AN EMPLOYEE OF THE DEPARTMENT WHO IS REPRESENTED BY A UNION, THE 115
DEPARTMENT AND A REPRESENTATIVE OF THE UNION SHALL JOINTLY SELECT 116
THE HEARING OFFICER.
(2) NO HEARING SHALL BE CONDUCTED UNDER DIVISION (B)(2) OF 119
THIS SECTION UNTIL ANY CRIMINAL PROCEEDING OR COLLECTIVE 120
BARGAINING ARBITRATION CONCERNING THE SAME ALLEGATION HAS
CONCLUDED. 121
(3) IN CONDUCTING A HEARING PURSUANT TO DIVISION (B)(2) OF 123
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THIS SECTION, THE HEARING OFFICER SHALL DO BOTH OF THE FOLLOWING: 124
(a) DETERMINE WHETHER THERE IS CLEAR AND CONVINCING 126
EVIDENCE THAT THE MR/DD EMPLOYEE HAS DONE ANY OF THE FOLLOWING: 127
(i) MISAPPROPRIATED THE PROPERTY OF AN INDIVIDUAL WITH 129
MENTAL RETARDATION OR A DEVELOPMENTAL DISABILITY; 130
(ii) KNOWINGLY ABUSED OR NEGLECTED SUCH AN INDIVIDUAL; 132
(iii) RECKLESSLY ABUSED OR NEGLECTED SUCH AN INDIVIDUAL, 134
WITH RESULTING PHYSICAL HARM; 135
(iv) NEGLIGENTLY ABUSED OR NEGLECTED SUCH AN INDIVIDUAL, 137
WITH RESULTING SERIOUS PHYSICAL HARM. 138
(b) GIVE WEIGHT TO THE DECISION IN ANY COLLECTIVE 140
BARGAINING ARBITRATION REGARDING THE SAME ALLEGATION. 141
(D)(1) UNLESS THE DIRECTOR OF MENTAL RETARDATION AND 143
DEVELOPMENTAL DISABILITIES DETERMINES THAT THERE ARE EXTENUATING 145
CIRCUMSTANCES AND EXCEPT AS PROVIDED IN DIVISIONS (D)(4) AND (E) 146
OF THIS SECTION, THE DIRECTOR SHALL INCLUDE IN THE REGISTRY 148
ESTABLISHED UNDER SECTION 5123.52 OF THE REVISED CODE THE NAME OF 149
AN MR/DD EMPLOYEE IF THE DIRECTOR FINDS THAT THERE IS CLEAR AND 150
CONVINCING EVIDENCE THAT THE EMPLOYEE HAS DONE ONE OR MORE OF THE 152
THINGS DESCRIBED IN DIVISION (C)(3)(a) OF THIS SECTION. 153
(2) EXTENUATING CIRCUMSTANCES THE DIRECTOR MUST CONSIDER 155
INCLUDE THE USE OF PHYSICAL FORCE BY AN MR/DD EMPLOYEE THAT WAS 156
NECESSARY AS SELF-DEFENSE. 157
(3) IF THE DIRECTOR INCLUDES AN MR/DD EMPLOYEE IN THE 160
REGISTRY ESTABLISHED UNDER SECTION 5123.52 OF THE REVISED CODE,
THE DIRECTOR SHALL NOTIFY THE EMPLOYEE, THE PERSON OR GOVERNMENT 161
ENTITY THAT EMPLOYS OR CONTRACTS WITH THE EMPLOYEE, THE 163
INDIVIDUAL WITH MENTAL RETARDATION OR A DEVELOPMENTAL DISABILITY
WHO WAS THE SUBJECT OF THE REPORT AND THAT INDIVIDUAL'S LEGAL 165
GUARDIAN, IF ANY, THE ATTORNEY GENERAL, AND THE PROSECUTING 166
ATTORNEY OR OTHER LAW ENFORCEMENT AGENCY. IF THE MR/DD EMPLOYEE 167
HOLDS A LICENSE, CERTIFICATE, REGISTRATION, OR OTHER 169
AUTHORIZATION TO ENGAGE IN A PROFESSION ISSUED PURSUANT TO TITLE 170
XLVII OF THE REVISED CODE, THE DIRECTOR SHALL NOTIFY THE 172
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APPROPRIATE AGENCY, BOARD, DEPARTMENT, OR OTHER ENTITY 173
RESPONSIBLE FOR REGULATING THE EMPLOYEE'S PROFESSIONAL PRACTICE. 174
(4) THE DIRECTOR SHALL NOT INCLUDE IN THE REGISTRY AN 176
INDIVIDUAL WHO HAS BEEN FOUND NOT GUILTY BY A COURT OR JURY OF AN 177
OFFENSE ARISING FROM THE SAME FACTS. 178
(E) IN THE CASE OF AN ALLEGATION CONCERNING AN EMPLOYEE OF 181
THE DEPARTMENT, AFTER THE HEARING CONDUCTED PURSUANT TO DIVISION 182
(B)(2) OF THIS SECTION, THE DIRECTOR OF HEALTH OR THAT DIRECTOR'S 183
DESIGNEE SHALL REVIEW THE DECISION OF THE HEARING OFFICER TO 184
DETERMINE WHETHER THE STANDARD DESCRIBED IN DIVISION (C)(2) OF 185
THIS SECTION HAS BEEN MET. IF THE DIRECTOR OR DESIGNEE 187
DETERMINES THAT THE STANDARD HAS BEEN MET AND THAT NO EXTENUATING
CIRCUMSTANCES EXIST, THE DIRECTOR OR DESIGNEE SHALL NOTIFY THE 189
DIRECTOR OF MENTAL RETARDATION AND DEVELOPMENTAL DISABILITIES 190
THAT THE MR/DD EMPLOYEE IS TO BE INCLUDED IN THE REGISTRY 191
ESTABLISHED UNDER SECTION 5123.52 OF THE REVISED CODE. IF THE 192
DIRECTOR OF MENTAL RETARDATION AND DEVELOPMENTAL DISABILITIES 193
RECEIVES SUCH NOTIFICATION, THE DIRECTOR SHALL INCLUDE THE MR/DD 194
EMPLOYEE IN THE REGISTRY, UNLESS DIVISION (D)(4) OF THIS SECTION 195
APPLIES, AND SHALL PROVIDE THE NOTIFICATION DESCRIBED IN DIVISION 196
(D)(3) OF THIS SECTION. 197
(F) FILES AND RECORDS OF INVESTIGATIONS CONDUCTED PURSUANT 199
TO THIS SECTION ARE NOT PUBLIC RECORDS AS DEFINED IN SECTION 201
149.43 OF THE REVISED CODE, BUT, ON REQUEST, THE DEPARTMENT SHALL 202
PROVIDE COPIES OF THOSE FILES AND RECORDS TO THE ATTORNEY 203
GENERAL, A PROSECUTING ATTORNEY, OR A LAW ENFORCEMENT AGENCY. 204
Sec. 5123.52. (A) THE DEPARTMENT OF MENTAL RETARDATION 206
AND DEVELOPMENTAL DISABILITIES SHALL ESTABLISH A REGISTRY OF 207
MR/DD EMPLOYEES CONSISTING OF THE NAMES OF MR/DD EMPLOYEES 208
INCLUDED IN THE REGISTRY PURSUANT TO SECTION 5123.51 OF THE 210
REVISED CODE.
(B) BEFORE A PERSON OR GOVERNMENT ENTITY HIRES, CONTRACTS 213
WITH, OR EMPLOYS AN INDIVIDUAL AS AN MR/DD EMPLOYEE, THE PERSON 214
OR GOVERNMENT ENTITY SHALL INQUIRE WHETHER THE INDIVIDUAL IS
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INCLUDED IN THE REGISTRY. 216
(C) WHEN IT RECEIVES AN INQUIRY REGARDING WHETHER AN 218
INDIVIDUAL IS INCLUDED IN THE REGISTRY, THE DEPARTMENT SHALL 219
INFORM THE PERSON MAKING THE INQUIRY WHETHER THE INDIVIDUAL IS 220
INCLUDED IN THE REGISTRY. 221
(D)(1) EXCEPT AS OTHERWISE PROVIDED IN A COLLECTIVE 223
BARGAINING AGREEMENT ENTERED INTO UNDER CHAPTER 4117. OF THE 224
REVISED CODE THAT IS IN EFFECT ON THE EFFECTIVE DATE OF THIS 226
SECTION, NO PERSON OR GOVERNMENT ENTITY SHALL HIRE, CONTRACT 227
WITH, OR EMPLOY AS AN MR/DD EMPLOYEE AN INDIVIDUAL WHO IS 229
INCLUDED IN THE REGISTRY. NOTWITHSTANDING SECTIONS 4117.08 AND
4117.10 OF THE REVISED CODE, NO AGREEMENT ENTERED INTO UNDER 231
CHAPTER 4117. OF THE REVISED CODE AFTER THE EFFECTIVE DATE OF 233
THIS SECTION MAY CONTAIN ANY PROVISION THAT IN ANY WAY LIMITS THE
EFFECT OR OPERATION OF THIS SECTION. 234
(2) NEITHER THE DEPARTMENT NOR ANY COUNTY BOARD OF MENTAL 236
RETARDATION AND DEVELOPMENTAL DISABILITIES MAY ENTER INTO A NEW 237
CONTRACT OR RENEW A CONTRACT WITH A PERSON OR GOVERNMENT ENTITY 238
THAT FAILS TO COMPLY WITH DIVISION (D)(1) OF THIS SECTION UNTIL 239
THE DEPARTMENT OR BOARD IS SATISFIED THAT THE PERSON OR 240
GOVERNMENT ENTITY WILL COMPLY.
(3) A PERSON OR GOVERNMENT ENTITY THAT FAILS TO HIRE OR 243
RETAIN AS AN MR/DD EMPLOYEE A PERSON BECAUSE THE PERSON IS 244
INCLUDED IN THE REGISTRY SHALL NOT BE LIABLE IN DAMAGES IN A 245
CIVIL ACTION BROUGHT BY THE EMPLOYEE OR APPLICANT FOR EMPLOYMENT. 246
TERMINATION OF EMPLOYMENT PURSUANT TO DIVISION (D)(1) OF THIS 247
SECTION CONSTITUTES A DISCHARGE FOR JUST CAUSE FOR THE PURPOSES 248
OF SECTION 4141.29 OF THE REVISED CODE. 249
(E) INFORMATION CONTAINED IN THE REGISTRY IS A PUBLIC 251
RECORD FOR THE PURPOSES OF SECTION 149.43 OF THE REVISED CODE AND 252
IS SUBJECT TO INSPECTION AND COPYING UNDER SECTION 1347.08 OF THE 253
REVISED CODE. 255
Sec. 5123.53. AN INDIVIDUAL WHO IS INCLUDED IN THE 258
REGISTRY MAY PETITION THE DIRECTOR OF MENTAL RETARDATION AND 259
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DEVELOPMENTAL DISABILITIES FOR REMOVAL FROM THE REGISTRY. IF THE 260
DIRECTOR DETERMINES THAT GOOD CAUSE EXISTS, THE DIRECTOR SHALL 261
REMOVE THE INDIVIDUAL FROM THE REGISTRY AND MAY PROPERLY REPLY TO 262
AN INQUIRY THAT THE INDIVIDUAL IS NOT INCLUDED IN THE REGISTRY. 263
GOOD CAUSE INCLUDES MEETING REHABILITATION STANDARDS ESTABLISHED 265
IN RULES ADOPTED UNDER SECTION 5123.54 OF THE REVISED CODE. 266
Sec. 5123.54. THE DIRECTOR OF MENTAL RETARDATION AND 268
DEVELOPMENTAL DISABILITIES SHALL ADOPT RULES UNDER CHAPTER 119. 270
OF THE REVISED CODE TO IMPLEMENT SECTIONS 5123.51, 5123.52, AND 271
5123.53 OF THE REVISED CODE. THE RULES SHALL ESTABLISH 272
REHABILITATION STANDARDS FOR THE PURPOSES OF SECTION 5123.53 OF
THE REVISED CODE AND SPECIFY CIRCUMSTANCES, OTHER THAN MEETING 273
THE STANDARDS, THAT CONSTITUTE GOOD CAUSE FOR THE PURPOSES OF 274
THAT SECTION.
Sec. 5123.61. (A) As used in this section: 283
(1) "Mentally retarded or developmentally disabled adult" 285
means a person who is eighteen years of age or older and is a 286
mentally retarded or developmentally disabled person. 287
(2) "Law enforcement agency" means the state highway 289
patrol, the police department of a municipal corporation, or a 290
county sheriff. 291
(2) "ABUSE" HAS THE SAME MEANING AS IN SECTION 5123.50 OF 293
THE REVISED CODE, EXCEPT THAT IT INCLUDES A MISAPPROPRIATION, AS 294
DEFINED IN THAT SECTION.
(3) "NEGLECT" HAS THE SAME MEANING AS IN SECTION 5123.50 296
OF THE REVISED CODE.
(B) The department of mental retardation and developmental 298
disabilities shall establish a registry office for the purpose of 299
maintaining reports of abuse and, neglect, AND OTHER MAJOR 301
UNUSUAL INCIDENTS made to the department under this section and 302
reports received from county boards of mental retardation and 303
developmental disabilities under section 5126.31 of the Revised 304
Code. THE DEPARTMENT SHALL ESTABLISH COMMITTEES TO REVIEW 305
REPORTS OF ABUSE, NEGLECT, AND OTHER MAJOR UNUSUAL INCIDENTS.
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(C)(1) Any person listed in division (C)(2) of this 307
section, having reason to believe that a mentally retarded or 308
developmentally disabled adult PERSON WITH MENTAL RETARDATION OR 309
A DEVELOPMENTAL DISABILITY has suffered any wound, injury, 310
disability, or condition of such a nature as to reasonably 311
indicate abuse or neglect of that adult PERSON, shall immediately 313
report or cause reports to be made of such information to a law 314
enforcement agency or to the county board of mental retardation 315
and developmental disabilities, except that if the report 316
concerns a resident of a facility operated by the department of 317
mental retardation and developmental disabilities the report 318
shall be made either to a law enforcement agency or to the 319
department. 320
(2) All of the following persons are required to make a 322
report under division (C)(1) of this section: 323
(a) Any physician, including a hospital intern or 325
resident, any dentist, podiatrist, chiropractor, practitioner of 326
a limited branch of medicine as specified in section 4731.15 of 329
the Revised Code, hospital administrator or employee of a 330
hospital, nurse licensed under Chapter 4723. of the Revised Code, 331
employee of an ambulatory health facility as defined in section 332
5101.61 of the Revised Code, employee of a home health agency, 333
employee of an adult care facility licensed under Chapter 3722. 334
of the Revised Code, or employee of a community mental health
facility; 335
(b) Any school teacher or school authority, social worker, 337
psychologist, attorney, peace officer, coroner, clergyman, or 338
residents' rights advocate as defined in section 3721.10 of the 339
Revised Code; 340
(c) A superintendent, board member, or employee of a 342
county board of mental retardation and developmental 343
disabilities; an administrator, board member, or employee of a 344
residential facility licensed under section 5123.19 of the 345
Revised Code; or an administrator, board member, or employee of 346
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any other public or private provider of services to a mentally 347
retarded or developmentally disabled adult PERSON WITH MENTAL 348
RETARDATION OR A DEVELOPMENTAL DISABILITY, OR ANY MR/DD EMPLOYEE, 350
AS DEFINED IN SECTION 5123.50 OF THE REVISED CODE; 351
(d) A member of a citizen's advisory council established 353
at an institution or branch institution of the department of 354
mental retardation and developmental disabilities under section 355
5123.092 of the Revised Code; 356
(e) A person who, while acting in an official or 358
professional capacity, renders spiritual treatment through prayer 360
in accordance with the tenets of an organized religion.
(3) The reporting requirements of this division do not 362
apply to members of the legal rights service commission or to 363
employees of the legal rights service. 364
(D) The reports required under division (C) of this 366
section shall be made forthwith by telephone or in person and 367
shall be followed by a written report. The reports shall contain 368
the following: 369
(1) The names and addresses of the mentally retarded or 371
developmentally disabled adult PERSON WITH MENTAL RETARDATION OR 372
A DEVELOPMENTAL DISABILITY and the adult's PERSON'S custodian, if 374
known;
(2) The mentally retarded or developmentally disabled 376
adult's age and the nature and extent of the adult's injuries or 377
physical neglect, including any evidence of previous injuries or 378
physical neglect OF THE PERSON WITH MENTAL RETARDATION OR A 379
DEVELOPMENTAL DISABILITY; 380
(3) Any other information which might be helpful in 382
establishing the cause of the injury, abuse, or physical neglect 383
THAT WOULD ASSIST IN THE INVESTIGATION OF THE REPORT. 384
(E) When a physician performing services as a member of 386
the staff of a hospital or similar institution has reason to 387
believe that a mentally retarded or developmentally disabled 388
adult PERSON WITH MENTAL RETARDATION OR A DEVELOPMENTAL 389
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DISABILITY has suffered injury, abuse, or physical neglect, the 390
physician shall notify the person in charge of the institution or 391
that person's designated delegate, who shall make the necessary 392
reports.
(F) Any person having reasonable cause to believe that a 394
mentally retarded or developmentally disabled adult PERSON WITH 395
MENTAL RETARDATION OR A DEVELOPMENTAL DISABILITY has suffered 396
abuse or neglect may report the belief, or cause a report to be 397
made, to a law enforcement agency or the county board of mental 398
retardation and developmental disabilities, or, if the adult 399
PERSON is a resident of a facility operated by the department of 400
mental retardation and developmental disabilities, to a law 401
enforcement agency or to the department. 402
(G)(1) Upon the receipt of a report concerning the 404
possible nonaccidental infliction of a physical injury upon a 405
mentally retarded or developmentally disabled adult ABUSE OR 406
NEGLECT OF A PERSON WITH MENTAL RETARDATION OR A DEVELOPMENTAL 407
DISABILITY, the law enforcement agency shall inform the county 408
board of mental retardation and developmental disabilities or, if 409
the adult PERSON is a resident of a facility operated by the 410
department of mental retardation and developmental disabilities, 411
the director of the department or the director's designee. 412
(2) On receipt of a report under this section THAT 415
INCLUDES AN ALLEGATION OF ACTION OR INACTION THAT MAY CONSTITUTE 416
A CRIME UNDER FEDERAL LAW OR THE LAW OF THIS STATE, the 417
department of mental retardation and developmental disabilities 418
shall notify the law enforcement agency. 419
(3) When a county board of mental retardation and 421
developmental disabilities receives a report under this section 422
THAT INCLUDES AN ALLEGATION OF ACTION OR INACTION THAT MAY 423
CONSTITUTE A CRIME UNDER FEDERAL LAW OR THE LAW OF THIS STATE, 424
the superintendent of the board or an individual the 425
superintendent designates under division (H) of this section 427
shall notify the law enforcement agency and. THE SUPERINTENDENT 428
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OR INDIVIDUAL SHALL NOTIFY the department of mental retardation 429
and developmental disabilities WHEN IT RECEIVES ANY REPORT UNDER 430
THIS SECTION. 431
(H) The superintendent of the board may designate an 433
individual to be responsible for notifying the law enforcement 434
agency and the department when the county board receives a report 435
under this section. 436
(I) A mentally retarded or developmentally disabled AN 438
adult WITH MENTAL RETARDATION OR A DEVELOPMENTAL DISABILITY about 440
whom a report is made may be removed from the adult's place of 441
residence only by law enforcement officers who consider that the
adult's immediate removal is essential to protect the adult from 442
further injury or abuse or in accordance with the order of a 443
court made pursuant to section 5126.33 of the Revised Code. 444
(J) A law enforcement agency shall investigate each report 446
of abuse or neglect made IT RECEIVES under this section. In 447
addition, the department, in cooperation with law enforcement 449
officials, shall investigate each report regarding a resident of 450
a facility operated by the department to determine the 451
circumstances surrounding the injury, the cause of the injury, 452
and the person responsible. The department shall determine, with 453
the registry office which shall be maintained by the department, 454
whether prior reports have been made concerning the mentally 455
retarded or developmentally disabled AND adult WITH MENTAL 456
RETARDATION OR A DEVELOPMENTAL DISABILITY or other principals in 457
the case. The IF THE department FINDS THAT THE REPORT INVOLVES 458
ACTION OR INACTION THAT MAY CONSTITUTE A CRIME UNDER FEDERAL LAW 459
OR THE LAW OF THIS STATE, IT shall submit a report of its 460
investigation, in writing, to the law enforcement agency. IF THE 461
PERSON WITH MENTAL RETARDATION OR A DEVELOPMENTAL DISABILITY IS 462
AN ADULT, and with the consent of the adult, THE DEPARTMENT shall 463
provide such protective services as are necessary to protect the 465
adult. The law enforcement agency shall make a written report of 466
its findings to the department.
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If the PERSON IS AN adult AND is not a resident of a 468
facility operated by the department, the county board of mental 470
retardation and developmental disabilities shall review the 471
report of abuse or neglect in accordance with sections 5126.30 to 472
5126.33 of the Revised Code and the law enforcement agency shall 473
make the written report of its findings to the county board. 474
(K) Any person or any hospital, institution, school, 476
health department, or agency participating in the making of 477
reports pursuant to this section, any person participating as a 478
witness in an administrative or judicial proceeding resulting 479
from the reports, or any person or governmental entity that 480
discharges responsibilities under sections 5126.31 to 5126.33 of 481
the Revised Code shall be immune from any civil or criminal 482
liability that might otherwise be incurred or imposed as a result 483
of such actions except liability for perjury, unless the person 484
or governmental entity has acted in bad faith or with malicious 485
purpose. 486
(L) No employer or any person with the authority to do so 488
shall discharge, demote, transfer, prepare a negative work 489
performance evaluation, reduce pay or benefits, terminate work 490
privileges, or take any other action detrimental to an employee 491
or retaliate against an employee as a result of the employee's 492
having made a report under this section. This division does not 493
preclude an employer or person with authority from taking action 494
with regard to an employee who has made a report under this 495
section if there is another reasonable basis for the action. 496
(M) Reports made under this section are not public records 498
as defined in section 149.43 of the Revised Code. Information 499
contained in the reports on request shall be made available to 500
the adult PERSON who is the subject of the report, to the adult's 502
PERSON'S legal counsel, and to agencies authorized to receive 503
information in the report by the department or by a county board 504
of mental retardation and developmental disabilities. 505
(N) Notwithstanding section 4731.22 of the Revised Code, 507
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the physician-patient privilege shall not be a ground for 508
excluding evidence regarding a mentally retarded or 509
developmentally disabled adult's THE injuries or physical neglect 510
OF A PERSON WITH MENTAL RETARDATION OR A DEVELOPMENTAL DISABILITY 511
or the cause thereof in any judicial proceeding resulting from a 512
report submitted pursuant to this section. 513
Sec. 5126.28. (A) As used in this section: 522
(1) "Applicant" means a person who is under final 524
consideration for appointment or employment in a position with a 525
county board of mental retardation and developmental 526
disabilities. 527
(2) "Criminal records check" has the same meaning as in 529
section 109.572 of the Revised Code. 530
(3) "Minor drug possession offense" has the same meaning 532
as in section 2925.01 of the Revised Code. 533
(B) The superintendent of a county board of mental 535
retardation and developmental disabilities shall request the 536
superintendent of the bureau of criminal identification and 537
investigation to conduct a criminal records check with respect to 538
any applicant who has applied to the board for employment in any 539
position, except that a county board superintendent is not 540
required to request a criminal records check for an employee of 541
the board who is being considered for a different position or is 542
returning after a leave of absence or seasonal break in 543
employment, as long as the superintendent has no reason to 544
believe that the employee has committed any of the offenses 545
listed or described in division (E) of this section. 546
If the applicant does not present proof that the applicant 549
has been a resident of this state for the five-year period 550
immediately prior to the date upon which the criminal records 551
check is requested, the county board superintendent shall request 552
that the superintendent of the bureau obtain information from the 553
federal bureau of investigation as a part of the criminal records 554
check for the applicant. If the applicant presents proof that 555
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the applicant has been a resident of this state for that 556
five-year period, the county board superintendent may request 557
that the superintendent of the bureau include information from 558
the federal bureau of investigation in the criminal records 559
check. For purposes of this division, an applicant may provide 560
proof of residency in this state by presenting, with a notarized 561
statement asserting that the applicant has been a resident of 562
this state for that five-year period, a valid driver's license, 563
notification of registration as an elector, a copy of an 564
officially filed federal or state tax form identifying the 565
applicant's permanent residence, or any other document the 566
superintendent considers acceptable.
(C) The county board superintendent shall provide to each 568
applicant a copy of the form prescribed pursuant to division 569
(C)(2) of section 109.572 of the Revised Code, provide to each 570
applicant a standard impression sheet to obtain fingerprint 571
impressions prescribed pursuant to division (C)(2) of section 572
109.572 of the Revised Code, obtain the completed form and 573
impression sheet from each applicant, and forward the completed 574
form and impression sheet to the superintendent of the bureau of 575
criminal identification and investigation at the time the 576
criminal records check is requested. 577
Any applicant who receives pursuant to this division a copy 579
of the form prescribed pursuant to division (C)(1) of section 580
109.572 of the Revised Code and a copy of an impression sheet 581
prescribed pursuant to division (C)(2) of that section and who is 582
requested to complete the form and provide a set of fingerprint 583
impressions shall complete the form or provide all the 584
information necessary to complete the form and shall provide the 585
impression sheet with the impressions of the applicant's 586
fingerprints. If an applicant, upon request, fails to provide 587
the information necessary to complete the form or fails to 588
provide impressions of the applicant's fingerprints, the county 589
board superintendent shall not employ that applicant. 590
15
(D) A county board superintendent may request any other 592
state or federal agency to supply the board with a written report 594
regarding the criminal record of each applicant. With regard to
an applicant who becomes a board employee, if the employee holds 596
an occupational or professional license or other credentials, the
superintendent may request that the state or federal agency that 597
regulates the employee's occupation or profession supply the 598
board with a written report of any information pertaining to the 599
employee's criminal record that the agency obtains in the course 600
of conducting an investigation or in the process of renewing the 601
employee's license or other credentials.
(E) Except as provided in division (K)(2) of this section 603
and in rules adopted by the department of mental retardation and 604
developmental disabilities in accordance with division (M) of 605
this section, no county board of mental retardation and 606
developmental disabilities shall employ a person to fill a 607
position with the board who has been convicted of or pleaded 608
guilty to any of the following: 609
(1) A violation of section 2903.01, 2903.02, 2903.03, 611
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 612
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05, 614
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 615
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 616
2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25, 617
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, 618
2925.06, or 3716.11 of the Revised Code, a violation of section 619
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 620
have been a violation of section 2905.04 of the Revised Code as 621
it existed prior to July 1, 1996, had the violation occurred 622
prior to that date, a violation of section 2925.11 of the Revised 623
Code that is not a minor drug possession offense, or felonious 624
sexual penetration in violation of former section 2907.12 of the 625
Revised Code;
16
(2) A felony contained in the Revised Code that is not 627
listed in this division, if the felony bears a direct and 628
substantial relationship to the duties and responsibilities of 629
the position being filled; 630
(3) A violation of an existing or former law of this 632
state, any other state, or the United States, if the offense is 633
substantially equivalent to any of the offenses described in 634
division (E)(1) or (2) of this section. 635
(F) Prior to employing an applicant, the county board 637
superintendent shall require the applicant to submit a statement 638
with the applicant's signature attesting that the applicant has 639
not been convicted of or pleaded guilty to any of the offenses 640
described in division (E) of this section. The superintendent 641
also shall require the applicant to sign an agreement under which 643
the applicant agrees to notify the superintendent if while
employed by the board the person is ever formally charged for any 644
of the offenses listed or described in division (E) of this 646
section. The agreement shall inform the applicant that failure 647
to report formal charges may result in being dismissed from 648
employment.
(G) A county board of mental retardation and developmental 651
disabilities shall pay to the bureau of criminal identification 652
and investigation the fee prescribed pursuant to division (C)(2) 653
of section 109.572 of the Revised Code for each criminal records 654
check requested and conducted pursuant to this section. 655
(H)(1) Any report obtained pursuant to this section is not 657
a public record for purposes of section 149.43 of the Revised 658
Code and shall not be made available to any person, other than 659
the applicant who is the subject of the records check or criminal 660
records check or the applicant's representative, the board 661
requesting the records check or criminal records check or its 662
representative, the department of mental retardation and 664
developmental disabilities, and any court, hearing officer, or 665
other necessary individual involved in a case dealing with the 666
17
denial of employment to the applicant or the denial, suspension, 667
or revocation of a certificate or evidence of registration under 668
section 5126.25 of the Revised Code. 669
(2) An individual for whom a county board superintendent 671
has obtained reports under this section may submit a written 672
request to the county board to have copies of the reports sent to 674
any state agency, entity of local government, or private entity. 675
The individual shall specify in the request the entities to which 676
the copies are to be sent. On receiving the request, the county 677
board shall send copies of the reports to the entities specified. 678
A county board may request that a state agency, entity of 680
local government, or private entity send copies to the board of 681
any report regarding a records check or criminal records check 682
that the entity possesses, if the county board obtains the 683
written consent of the individual who is the subject of the 684
report. 685
(I) Each county board superintendent shall request the 687
registrar of motor vehicles to supply the superintendent with a 688
certified abstract regarding the record of convictions for 689
violations of motor vehicle laws of each applicant who will be 690
required by the applicant's employment to transport individuals 691
with mental retardation or developmental disabilities or to 692
operate the board's vehicles for any other purpose. For each 693
abstract provided under this section, the board shall pay the 694
amount specified in section 4509.05 of the Revised Code. 695
(J) The county board superintendent shall provide each 697
applicant with a copy of any report or abstract obtained about 698
the applicant under this section. The superintendent also shall 699
provide the department of mental retardation and developmental 700
disabilities with a copy of each report or abstract obtained 701
under this section. 702
(K)(1) The county board superintendent shall inform each 704
person, at the time of the person's initial application for 705
employment, that the person is required to provide a set of 706
18
impressions of the person's fingerprints and that a criminal 707
records check is required to be conducted and satisfactorily 708
completed in accordance with section 109.572 of the Revised Code 709
if the person comes under final consideration for appointment or 710
employment as a precondition to employment for that position. 711
(2) A board may employ an applicant pending receipt of 714
reports requested under this section. The board shall terminate 715
employment of any such applicant if it is determined from the 716
reports that the applicant failed to inform the county board that 717
the applicant had been convicted of or pleaded guilty to any of
the offenses listed or described in division (E) of this section. 718
(L) The board may charge an applicant a fee for costs it 720
incurs in obtaining reports, abstracts, or fingerprint 721
impressions under this section. A fee charged under this 722
division shall not exceed the amount of the fees the board pays 723
under divisions (G) and (I) of this section. If a fee is charged 724
under this division, the board shall notify the applicant of the 725
amount of the fee at the time of the applicant's initial 726
application for employment and that unless the fee is paid, the 727
board will not consider the applicant for employment. 728
(M) The department of mental retardation and developmental 730
disabilities shall adopt rules pursuant to Chapter 119. of the 731
Revised Code to implement this section and section 5126.281 of 732
the Revised Code, including rules specifying circumstances under 733
which a county board or contracting entity may hire a person who 734
has been convicted of an offense listed or described in division 735
(E) of this section but who meets standards in regard to 736
rehabilitation set by the department. THE RULES MAY NOT 737
AUTHORIZE A COUNTY BOARD OR CONTRACTING ENTITY TO HIRE AN 738
INDIVIDUAL WHO IS INCLUDED IN THE REGISTRY ESTABLISHED UNDER 739
SECTION 5123.52 OF THE REVISED CODE.
Sec. 5126.30. As used in sections 5126.30 to 5126.33 of 748
the Revised Code: 749
(A) "Mentally retarded or developmentally disabled adult" 751
19
and "adult ADULT" mean MEANS a person eighteen years of age or 753
older who is developmentally disabled or mentally retarded WITH 754
MENTAL RETARDATION OR A DEVELOPMENTAL DISABILITY. 755
(B) "Caretaker" means a person who is responsible for the 757
care of an adult by order of a court, including an order of 758
guardianship, or who assumes the responsibility for the care of 759
an adult as a volunteer, as a family member, by contract, or by 760
the acceptance of payment for care. 761
(C) "Abuse" means any of the following: 763
(1) An act, or a failure to act, that results or could 765
result in emotional or physical injury to an adult, unless the 766
act is done in self-defense or by accident; 767
(2) An act that constitutes "sexual activity" as defined 769
in section 2907.01 HAS THE SAME MEANING AS IN SECTION 5123.50 of 772
the Revised Code and would constitute an offense under Chapter 773
2907. of the Revised Code;
(3) Insulting or coarse language or gestures directed 775
toward an adult that subject him to humiliation or degradation; 777
(4) An act that deprives an adult of real or personal 779
property by fraudulent or illegal means, EXCEPT THAT IT INCLUDES 780
A MISAPPROPRIATION, AS DEFINED IN THAT SECTION. 781
(D) "Neglect" means the failure of an adult or a caretaker 783
to provide goods and services necessary for the adult to avoid 784
physical harm HAS THE SAME MEANING AS IN SECTION 5123.50 OF THE 786
REVISED CODE.
(E) "Working day" means Monday, Tuesday, Wednesday, 788
Thursday, or Friday, except when that day is a holiday as defined 789
in section 1.14 of the Revised Code. 790
(F) "Incapacitated" means lacking understanding or 792
capacity, with or without the assistance of a caretaker, to make 793
and carry out decisions regarding food, clothing, shelter, health 794
care, or other necessities, but does not include mere refusal to 795
consent to the provision of services. 796
Sec. 5126.31. (A) A county board of mental retardation 805
20
and developmental disabilities shall review reports of abuse and 806
neglect made under section 5123.61 of the Revised Code and 807
reports referred to it under section 5101.611 of the Revised Code 808
to determine whether the person who is the subject of the report 809
is a mentally retarded or developmentally disabled AN adult WITH 811
MENTAL RETARDATION OR A DEVELOPMENTAL DISABILITY in need of 812
services to deal with the abuse or neglect. The board shall give 813
notice of each report to the registry office of the department of 814
mental retardation and developmental disabilities established 815
pursuant to section 5123.61 of the Revised Code on the first 816
working day after receipt of the report. If the report alleges 817
that there is a substantial risk to the adult of immediate 818
physical harm or death, the board shall initiate review within 819
twenty-four hours of its receipt of the report. If the board 820
determines that the person is sixty years of age or older but is 821
DOES not mentally retarded or developmentally disabled HAVE 822
MENTAL RETARDATION OR A DEVELOPMENTAL DISABILITY, it shall refer 823
the case to the county department of job and family services. If 824
the board determines that the person is a mentally retarded or 825
developmentally disabled AN adult WITH MENTAL RETARDATION OR A 826
DEVELOPMENTAL DISABILITY, it shall continue its review of the 828
case.
(B) For each review over which the board retains 830
responsibility under division (A) of this section, it shall do 831
all of the following: 832
(1) Give both written and oral notice of the purpose of 834
the review to the adult and, if any, to the adult's legal counsel 836
or caretaker, in simple and clear language; 837
(2) Visit the adult, in the adult's residence if possible, 840
and explain the notice given under division (B)(1) of this 841
section;
(3) Request from the registry office any prior reports 843
concerning the adult or other principals in the case; 844
(4) Consult, if feasible, with the person who made the 846
21
report under section 5101.61 or 5123.61 of the Revised Code and 847
with any agencies or persons who have information about the 848
alleged abuse or neglect; 849
(5) Cooperate fully with the law enforcement agency 851
responsible for investigating the report and for filing any 852
resulting criminal charges and, on request, turn over evidence to 853
the agency; 854
(6) Determine whether the adult needs services, and 857
prepare a written report stating reasons for the determination. 858
No adult shall be determined to be abused, neglected, or in need 859
of services for the sole reason that, in lieu of medical 860
treatment, the adult relies on or is being furnished spiritual 862
treatment through prayer alone in accordance with the tenets and 863
practices of a church or religious denomination of which the 864
adult is a member or adherent. 866
(C) The board shall arrange for the provision of services 868
for the prevention, correction or discontinuance of abuse or 869
neglect or of a condition resulting from abuse or neglect for any 870
adult who has been determined to need the services and consents 871
to receive them. These services may include, but are not limited 872
to, case management, fiscal management, medical, mental health, 873
home health care, homemaker, legal, and residential services and 874
the provision of temporary accommodations and necessities such as 875
food and clothing. The services do not include acting as a 876
guardian, trustee, or protector as defined in section 5123.55 of 877
the Revised Code. If the provision of residential services would 878
require expenditures by the department of mental retardation and 879
developmental disabilities, the board shall obtain the approval 880
of the department prior to arranging the residential services. 881
To arrange services, the board shall: 883
(1) Develop an individualized service plan identifying the 886
types of services required for the adult, the goals for the 887
services, and the persons or agencies that will provide them; 888
(2) In accordance with rules established by the director 890
22
of mental retardation and developmental disabilities, obtain the 891
consent of the adult or the adult's guardian to the provision of 893
any of these services and obtain the signature of the adult or 894
guardian on the individual service plan. An adult who has been 895
found incompetent under Chapter 2111. of the Revised Code may 896
consent to services. If the board is unable to obtain consent, 897
it may seek, if the adult is incapacitated, a court order 898
pursuant to section 5126.33 of the Revised Code authorizing the 899
board to arrange these services. 900
(D) The board shall ensure that the adult receives the 902
services arranged by the board from the provider and shall have 903
the services terminated if the adult withdraws consent. 904
(E) On completion of a review, the board shall submit a 906
written report to the law enforcement agency responsible for 907
investigating the report and to the registry office ESTABLISHED 908
UNDER SECTION 5123.61 OF THE REVISED CODE. IF THE REPORT 909
INCLUDES A FINDING THAT A PERSON WITH MENTAL RETARDATION OR A 910
DEVELOPMENTAL DISABILITY IS A VICTIM OF ACTION OR INACTION THAT 911
MAY CONSTITUTE A CRIME UNDER FEDERAL LAW OR THE LAW OF THIS
STATE, THE BOARD SHALL SUBMIT THE REPORT TO THE LAW ENFORCEMENT 912
AGENCY RESPONSIBLE FOR INVESTIGATING THE REPORT. Reports 913
prepared under this section are not public records as defined in 914
section 149.43 of the Revised Code. 915
(F) The board shall provide comprehensive formal training 917
for employees and other persons authorized to implement the 918
requirements of this section. 919
Sec. 5126.33. (A) A county board of mental retardation 928
and developmental disabilities may file a complaint with the 929
probate court of the county in which a mentally retarded or 930
developmentally disabled AN adult WITH MENTAL RETARDATION OR A 931
DEVELOPMENTAL DISABILITY resides for an order authorizing the 933
board to arrange services described in division (C) of section 934
5126.31 of the Revised Code for that adult if the board has been 935
unable to secure consent. The complaint shall include:
23
(1) The name, age, and address of the adult; 937
(2) Facts describing the nature of the abuse or neglect 939
and supporting the board's belief that services are needed; 940
(3) The types of services proposed by the board, as set 942
forth in the individualized service plan prepared pursuant to 943
section 5126.31 of the Revised Code and filed with the complaint; 944
(4) Facts showing the board's attempts to obtain the 946
consent of the adult or his THE ADULT'S guardian to the services. 948
(B)(1) The board shall give the adult notice of the filing 950
of the complaint and in simple and clear language shall inform 951
him THE ADULT of his THE ADULT'S rights in the hearing under 953
division (C) of this section and explain the consequences of a 954
court order. This notice shall be personally served upon the 955
adult and also shall be given to the adult's caretaker, his THE 956
ADULT'S legal counsel, if any, and the legal rights service. The 958
notice shall be given at least twenty-four hours prior to the 959
hearing, although the court may waive this requirement upon a 960
showing that there is a substantial risk that the adult will 961
suffer immediate physical harm in the twenty-four hour period and 962
that the board has made reasonable attempts to give the notice 963
required by this division.
(C) Upon the filing of a complaint for an order under this 965
section, the court shall hold a hearing at least twenty-four 966
hours and no later than seventy-two hours after the notice under 967
division (B)(1) of this section has been given unless the court 968
has waived the notice. The adult shall have the right to be 969
present at the hearing, present evidence, and examine and 970
cross-examine witnesses. The adult shall be represented by 971
counsel unless the court finds that the adult has made a 972
voluntary, informed, and knowing waiver of the right to counsel. 973
If the adult is indigent, the court shall appoint counsel to 974
represent him THE ADULT. The board shall be represented by the 975
county prosecutor or an attorney designated by the board. 977
(D)(1) The court shall issue an order authorizing the 979
24
board to arrange the services if it finds, on the basis of clear 980
and convincing evidence, all of the following: 981
(a) The adult has been abused or neglected; 983
(b) The adult is incapacitated; 985
(c) There is a substantial risk to the adult of immediate 987
physical harm or death; 988
(d) The adult is in need of the services; 990
(e) No person authorized by law or court order to give 992
consent for the adult is available or willing to consent to the 993
services. 994
(2) In formulating the order, the court shall consider the 996
individual service plan and shall specifically designate the 997
services that are necessary to deal with the abuse or neglect or 998
condition resulting from abuse or neglect and that are available 999
locally, and authorize the board to arrange for these services 1,000
only. The court shall limit the provision of these services to a 1,001
period not exceeding fourteen days, renewable for an additional 1,002
fourteen-day period on a showing by the board that continuation 1,003
of the order is necessary. 1,004
(E) If the court finds that all other options for meeting 1,006
the adult's needs have been exhausted, it may order that the 1,007
adult be removed from his THE ADULT'S place of residence and 1,008
placed in another residential setting. Before issuing that 1,010
order, the court shall consider the adult's choice of residence 1,011
and shall determine that the new residential setting is the least 1,012
restrictive alternative available for meeting his THE ADULT'S 1,013
needs and is a place where the adult can obtain the necessary 1,015
requirements for daily living in safety. The court shall not 1,016
order an adult to a hospital or public hospital as defined in 1,017
section 5122.01 or a state institution as defined in section 1,018
5123.01 of the Revised Code. 1,019
(F) The court shall not authorize a change in an adult's 1,021
placement ordered under division (E) of this section unless it 1,022
finds compelling reasons to justify a change. The parties to 1,023
25
whom notice was given in division (B) of this section shall be 1,024
given notice of a proposed change at least five working days 1,025
prior to the change. 1,026
(G) The adult, the board, or any other person who received 1,028
notice of the petition may file a motion for modification of the 1,029
court order at any time. 1,030
(H) The county board shall pay court costs incurred in 1,032
proceedings brought pursuant to this section. The adult shall 1,033
not be required to pay for court-ordered services. 1,034
Section 2. That existing sections 5123.61, 5126.28, 1,036
5126.30, 5126.31, and 5126.33 of the Revised Code are hereby 1,037
repealed.