As Passed by the House 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-TERWILLEGER- 12
AUSTRIA-DISTEL-ALLEN-JOLIVETTE-KRUPINSKI-WIDENER-EVANS-REDFERN- 13
BENDER-J. BEATTY-SYKES-PATTON-SALERNO-DAMSCHRODER-HARTNETT- 14
ASLANIDES-OLMAN-METTLER-PERRY-STEVENS-BRITTON-WOMER BENJAMIN- 15
TRAKAS-HARRIS-ROBINSON-SCHULER-AMSTUTZ-VERICH 16
_________________________________________________________________ 17
A B I L L
To amend sections 5123.61, 5126.28, 5126.30, 19
5126.31, and 5126.33 and to enact sections 20
5123.50 to 5123.54 of the Revised Code to
establish a registry of persons found by the 21
Department of Mental Retardation and 22
Developmental Disabilities to have abused or
neglected an individual with mental retardation 23
or a developmental disability, to prohibit 24
employment of such persons in certain positions,
to limit the types of abuse and neglect reports 26
that are referred to law enforcement agencies,
and to authorize the Director of Mental 27
Retardation and Developmental Disabilities to
adopt rules regarding mandatory reporting of 28
certain incidents.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 30
Section 1. That sections 5123.61, 5126.28, 5126.30, 32
5126.31, and 5126.33 be amended and sections 5123.50, 5123.51, 33
2
5123.52, 5123.53, and 5123.54 of the Revised Code be enacted to 35
read as follows:
Sec. 5123.50. AS USED IN THIS SECTION AND SECTIONS 5123.51 37
AND 5123.52 OF THE REVISED CODE: 38
(A) "ABUSE" MEANS ALL OF THE FOLLOWING: 40
(1) THE USE OF PHYSICAL FORCE THAT CAN REASONABLY BE 42
EXPECTED TO RESULT IN PHYSICAL HARM OR SERIOUS PHYSICAL HARM; 43
(2) SEXUAL ABUSE; 45
(3) VERBAL ABUSE. 47
(B) "MISAPPROPRIATION" MEANS DEPRIVING, DEFRAUDING, OR 49
OTHERWISE OBTAINING THE REAL OR PERSONAL PROPERTY OF AN 50
INDIVIDUAL BY ANY MEANS PROHIBITED BY THE REVISED CODE, INCLUDING 51
VIOLATIONS OF CHAPTER 2911. OR 2913. OF THE REVISED CODE. 52
(C) "MR/DD EMPLOYEE" MEANS ALL OF THE FOLLOWING: 54
(1) AN EMPLOYEE OF THE DEPARTMENT OF MENTAL RETARDATION 56
AND DEVELOPMENTAL DISABILITIES; 57
(2) AN EMPLOYEE OF A COUNTY BOARD OF MENTAL RETARDATION 59
AND DEVELOPMENTAL DISABILITIES; 60
(3) AN "ICF/MR WORKER," AS DEFINED IN SECTION 5123.193 OF 62
THE REVISED CODE; 63
(4) AN INDIVIDUAL WHO IS EMPLOYED IN A POSITION THAT 65
INCLUDES PROVIDING SPECIALIZED SERVICES TO AN INDIVIDUAL WITH 67
MENTAL RETARDATION OR A DEVELOPMENTAL DISABILITY.
(D) "NEGLECT" MEANS, WHEN THERE IS A DUTY TO DO SO, 69
FAILING TO PROVIDE AN INDIVIDUAL WITH ANY TREATMENT, CARE, GOODS, 71
OR SERVICES THAT ARE NECESSARY TO MAINTAIN THE HEALTH AND SAFETY 72
OF THE INDIVIDUAL.
(E) "PHYSICAL HARM" AND "SERIOUS PHYSICAL HARM" HAVE THE 74
SAME MEANINGS AS IN SECTION 2901.01 OF THE REVISED CODE. 75
(F) "SEXUAL ABUSE" MEANS UNLAWFUL SEXUAL CONDUCT OR SEXUAL 77
CONTACT, AS THOSE TERMS ARE DEFINED IN SECTION 2907.01 OF THE 78
REVISED CODE.
(G) "SPECIALIZED SERVICES" MEANS ANY PROGRAM OR SERVICE 80
DESIGNED AND OPERATED TO SERVE PRIMARILY INDIVIDUALS WITH MENTAL 81
3
RETARDATION OR A DEVELOPMENTAL DISABILITY, INCLUDING A PROGRAM OR 83
SERVICE PROVIDED BY AN ENTITY LICENSED OR CERTIFIED BY THE 84
DEPARTMENT OF MENTAL RETARDATION AND DEVELOPMENTAL DISABILITIES. 85
A PROGRAM OR SERVICE AVAILABLE TO THE GENERAL PUBLIC IS NOT A 86
SPECIALIZED SERVICE.
(H) "VERBAL ABUSE" MEANS PURPOSELY USING WORDS TO 88
THREATEN, COERCE, INTIMIDATE, HARASS, OR HUMILIATE AN INDIVIDUAL. 89
Sec. 5123.51. (A) IN ADDITION TO ANY OTHER ACTION 91
REQUIRED BY SECTIONS 5123.61 AND 5126.31 OF THE REVISED CODE, THE 92
DEPARTMENT OF MENTAL RETARDATION AND DEVELOPMENTAL DISABILITIES 93
SHALL REVIEW EACH REPORT THE DEPARTMENT RECEIVES OF ABUSE OR 94
NEGLECT OF AN INDIVIDUAL WITH MENTAL RETARDATION OR A 95
DEVELOPMENTAL DISABILITY OR MISAPPROPRIATION OF AN INDIVIDUAL'S 96
PROPERTY THAT INCLUDES AN ALLEGATION THAT AN MR/DD EMPLOYEE 97
COMMITTED OR WAS RESPONSIBLE FOR THE ABUSE, NEGLECT, OR 98
MISAPPROPRIATION. THE DEPARTMENT SHALL REVIEW A REPORT IT 99
RECEIVES FROM A PUBLIC CHILDREN SERVICES AGENCY ONLY AFTER THE
AGENCY COMPLETES ITS INVESTIGATION PURSUANT TO SECTION 2151.421 100
OF THE REVISED CODE. 101
(B) THE DEPARTMENT SHALL DO BOTH OF THE FOLLOWING: 104
(1) INVESTIGATE THE ALLEGATION OR ADOPT THE FINDINGS OF AN 107
INVESTIGATION OR REVIEW OF THE ALLEGATION CONDUCTED BY ANOTHER 108
PERSON OR GOVERNMENT ENTITY AND DETERMINE WHETHER THERE IS A 109
REASONABLE BASIS FOR THE ALLEGATION;
(2) IF THE DEPARTMENT DETERMINES THAT THERE IS A 111
REASONABLE BASIS FOR THE ALLEGATION, CONDUCT AN ADJUDICATION 112
PURSUANT TO CHAPTER 119. OF THE REVISED CODE. 113
(C)(1) THE DEPARTMENT SHALL APPOINT AN INDEPENDENT HEARING 116
OFFICER TO CONDUCT ANY HEARING CONDUCTED PURSUANT TO DIVISION 117
(B)(2) OF THIS SECTION, EXCEPT THAT, IF THE HEARING IS REGARDING 118
AN EMPLOYEE OF THE DEPARTMENT WHO IS REPRESENTED BY A UNION, THE 119
DEPARTMENT AND A REPRESENTATIVE OF THE UNION SHALL JOINTLY SELECT 120
THE HEARING OFFICER.
(2) NO HEARING SHALL BE CONDUCTED UNDER DIVISION (B)(2) OF 123
4
THIS SECTION UNTIL ANY CRIMINAL PROCEEDING OR COLLECTIVE 124
BARGAINING ARBITRATION CONCERNING THE SAME ALLEGATION HAS
CONCLUDED. 125
(3) IN CONDUCTING A HEARING PURSUANT TO DIVISION (B)(2) OF 127
THIS SECTION, THE HEARING OFFICER SHALL DO BOTH OF THE FOLLOWING: 128
(a) DETERMINE WHETHER THERE IS CLEAR AND CONVINCING 130
EVIDENCE THAT THE MR/DD EMPLOYEE HAS DONE ANY OF THE FOLLOWING: 131
(i) MISAPPROPRIATED THE PROPERTY OF AN INDIVIDUAL WITH 133
MENTAL RETARDATION OR A DEVELOPMENTAL DISABILITY; 134
(ii) KNOWINGLY ABUSED OR NEGLECTED SUCH AN INDIVIDUAL; 136
(iii) RECKLESSLY ABUSED OR NEGLECTED SUCH AN INDIVIDUAL, 138
WITH RESULTING PHYSICAL HARM; 139
(iv) NEGLIGENTLY ABUSED OR NEGLECTED SUCH AN INDIVIDUAL, 141
WITH RESULTING SERIOUS PHYSICAL HARM. 142
(b) GIVE WEIGHT TO THE DECISION IN ANY COLLECTIVE 144
BARGAINING ARBITRATION REGARDING THE SAME ALLEGATION. 145
(D)(1) UNLESS THE DIRECTOR OF MENTAL RETARDATION AND 147
DEVELOPMENTAL DISABILITIES DETERMINES THAT THERE ARE EXTENUATING 149
CIRCUMSTANCES AND EXCEPT AS PROVIDED IN DIVISIONS (D)(4) AND (E) 150
OF THIS SECTION, THE DIRECTOR SHALL INCLUDE IN THE REGISTRY 152
ESTABLISHED UNDER SECTION 5123.52 OF THE REVISED CODE THE NAME OF 153
AN MR/DD EMPLOYEE IF THE DIRECTOR FINDS THAT THERE IS CLEAR AND 154
CONVINCING EVIDENCE THAT THE EMPLOYEE HAS DONE ONE OR MORE OF THE 156
THINGS DESCRIBED IN DIVISION (C)(3)(a) OF THIS SECTION. 157
(2) EXTENUATING CIRCUMSTANCES THE DIRECTOR MUST CONSIDER 159
INCLUDE THE USE OF PHYSICAL FORCE BY AN MR/DD EMPLOYEE THAT WAS 160
NECESSARY AS SELF-DEFENSE. 161
(3) IF THE DIRECTOR INCLUDES AN MR/DD EMPLOYEE IN THE 164
REGISTRY ESTABLISHED UNDER SECTION 5123.52 OF THE REVISED CODE,
THE DIRECTOR SHALL NOTIFY THE EMPLOYEE, THE PERSON OR GOVERNMENT 165
ENTITY THAT EMPLOYS OR CONTRACTS WITH THE EMPLOYEE, THE 167
INDIVIDUAL WITH MENTAL RETARDATION OR A DEVELOPMENTAL DISABILITY
WHO WAS THE SUBJECT OF THE REPORT AND THAT INDIVIDUAL'S LEGAL 169
GUARDIAN, IF ANY, THE ATTORNEY GENERAL, AND THE PROSECUTING 170
5
ATTORNEY OR OTHER LAW ENFORCEMENT AGENCY. IF THE MR/DD EMPLOYEE 171
HOLDS A LICENSE, CERTIFICATE, REGISTRATION, OR OTHER 173
AUTHORIZATION TO ENGAGE IN A PROFESSION ISSUED PURSUANT TO TITLE 174
XLVII OF THE REVISED CODE, THE DIRECTOR SHALL NOTIFY THE 176
APPROPRIATE AGENCY, BOARD, DEPARTMENT, OR OTHER ENTITY 177
RESPONSIBLE FOR REGULATING THE EMPLOYEE'S PROFESSIONAL PRACTICE. 178
(4) THE DIRECTOR SHALL NOT INCLUDE IN THE REGISTRY AN 180
INDIVIDUAL WHO HAS BEEN FOUND NOT GUILTY BY A COURT OR JURY OF AN 181
OFFENSE ARISING FROM THE SAME FACTS. 182
(E) IN THE CASE OF AN ALLEGATION CONCERNING AN EMPLOYEE OF 185
THE DEPARTMENT, AFTER THE HEARING CONDUCTED PURSUANT TO DIVISION 186
(B)(2) OF THIS SECTION, THE DIRECTOR OF HEALTH OR THAT DIRECTOR'S 187
DESIGNEE SHALL REVIEW THE DECISION OF THE HEARING OFFICER TO 188
DETERMINE WHETHER THE STANDARD DESCRIBED IN DIVISION (C)(2) OF 189
THIS SECTION HAS BEEN MET. IF THE DIRECTOR OR DESIGNEE 191
DETERMINES THAT THE STANDARD HAS BEEN MET AND THAT NO EXTENUATING
CIRCUMSTANCES EXIST, THE DIRECTOR OR DESIGNEE SHALL NOTIFY THE 193
DIRECTOR OF MENTAL RETARDATION AND DEVELOPMENTAL DISABILITIES 194
THAT THE MR/DD EMPLOYEE IS TO BE INCLUDED IN THE REGISTRY 195
ESTABLISHED UNDER SECTION 5123.52 OF THE REVISED CODE. IF THE 196
DIRECTOR OF MENTAL RETARDATION AND DEVELOPMENTAL DISABILITIES 197
RECEIVES SUCH NOTIFICATION, THE DIRECTOR SHALL INCLUDE THE MR/DD 198
EMPLOYEE IN THE REGISTRY, UNLESS DIVISION (D)(4) OF THIS SECTION 199
APPLIES, AND SHALL PROVIDE THE NOTIFICATION DESCRIBED IN DIVISION 200
(D)(3) OF THIS SECTION. 201
(F) FILES AND RECORDS OF INVESTIGATIONS CONDUCTED PURSUANT 203
TO THIS SECTION ARE NOT PUBLIC RECORDS AS DEFINED IN SECTION 205
149.43 OF THE REVISED CODE, BUT, ON REQUEST, THE DEPARTMENT SHALL 206
PROVIDE COPIES OF THOSE FILES AND RECORDS TO THE ATTORNEY 207
GENERAL, A PROSECUTING ATTORNEY, OR A LAW ENFORCEMENT AGENCY. 208
Sec. 5123.52. (A) THE DEPARTMENT OF MENTAL RETARDATION 210
AND DEVELOPMENTAL DISABILITIES SHALL ESTABLISH A REGISTRY OF 211
MR/DD EMPLOYEES CONSISTING OF THE NAMES OF MR/DD EMPLOYEES 212
INCLUDED IN THE REGISTRY PURSUANT TO SECTION 5123.51 OF THE 214
6
REVISED CODE.
(B) BEFORE A PERSON OR GOVERNMENT ENTITY HIRES, CONTRACTS 217
WITH, OR EMPLOYS AN INDIVIDUAL AS AN MR/DD EMPLOYEE, THE PERSON 218
OR GOVERNMENT ENTITY SHALL INQUIRE WHETHER THE INDIVIDUAL IS
INCLUDED IN THE REGISTRY. 220
(C) WHEN IT RECEIVES AN INQUIRY REGARDING WHETHER AN 222
INDIVIDUAL IS INCLUDED IN THE REGISTRY, THE DEPARTMENT SHALL 223
INFORM THE PERSON MAKING THE INQUIRY WHETHER THE INDIVIDUAL IS 224
INCLUDED IN THE REGISTRY. 225
(D)(1) EXCEPT AS OTHERWISE PROVIDED IN A COLLECTIVE 227
BARGAINING AGREEMENT ENTERED INTO UNDER CHAPTER 4117. OF THE 228
REVISED CODE THAT IS IN EFFECT ON THE EFFECTIVE DATE OF THIS 230
SECTION, NO PERSON OR GOVERNMENT ENTITY SHALL HIRE, CONTRACT 231
WITH, OR EMPLOY AS AN MR/DD EMPLOYEE AN INDIVIDUAL WHO IS 233
INCLUDED IN THE REGISTRY. NOTWITHSTANDING SECTIONS 4117.08 AND
4117.10 OF THE REVISED CODE, NO AGREEMENT ENTERED INTO UNDER 235
CHAPTER 4117. OF THE REVISED CODE AFTER THE EFFECTIVE DATE OF 237
THIS SECTION MAY CONTAIN ANY PROVISION THAT IN ANY WAY LIMITS THE
EFFECT OR OPERATION OF THIS SECTION. 238
(2) NEITHER THE DEPARTMENT NOR ANY COUNTY BOARD OF MENTAL 240
RETARDATION AND DEVELOPMENTAL DISABILITIES MAY ENTER INTO A NEW 241
CONTRACT OR RENEW A CONTRACT WITH A PERSON OR GOVERNMENT ENTITY 242
THAT FAILS TO COMPLY WITH DIVISION (D)(1) OF THIS SECTION UNTIL 243
THE DEPARTMENT OR BOARD IS SATISFIED THAT THE PERSON OR 244
GOVERNMENT ENTITY WILL COMPLY.
(3) A PERSON OR GOVERNMENT ENTITY THAT FAILS TO HIRE OR 247
RETAIN AS AN MR/DD EMPLOYEE A PERSON BECAUSE THE PERSON IS 248
INCLUDED IN THE REGISTRY SHALL NOT BE LIABLE IN DAMAGES IN A 249
CIVIL ACTION BROUGHT BY THE EMPLOYEE OR APPLICANT FOR EMPLOYMENT. 250
TERMINATION OF EMPLOYMENT PURSUANT TO DIVISION (D)(1) OF THIS 251
SECTION CONSTITUTES A DISCHARGE FOR JUST CAUSE FOR THE PURPOSES 252
OF SECTION 4141.29 OF THE REVISED CODE. 253
(E) INFORMATION CONTAINED IN THE REGISTRY IS A PUBLIC 255
RECORD FOR THE PURPOSES OF SECTION 149.43 OF THE REVISED CODE AND 256
7
IS SUBJECT TO INSPECTION AND COPYING UNDER SECTION 1347.08 OF THE 257
REVISED CODE. 259
Sec. 5123.53. AN INDIVIDUAL WHO IS INCLUDED IN THE 262
REGISTRY MAY PETITION THE DIRECTOR OF MENTAL RETARDATION AND 263
DEVELOPMENTAL DISABILITIES FOR REMOVAL FROM THE REGISTRY. IF THE 264
DIRECTOR DETERMINES THAT GOOD CAUSE EXISTS, THE DIRECTOR SHALL 265
REMOVE THE INDIVIDUAL FROM THE REGISTRY AND MAY PROPERLY REPLY TO 266
AN INQUIRY THAT THE INDIVIDUAL IS NOT INCLUDED IN THE REGISTRY. 267
GOOD CAUSE INCLUDES MEETING REHABILITATION STANDARDS ESTABLISHED 269
IN RULES ADOPTED UNDER SECTION 5123.54 OF THE REVISED CODE. 270
Sec. 5123.54. THE DIRECTOR OF MENTAL RETARDATION AND 272
DEVELOPMENTAL DISABILITIES SHALL ADOPT RULES UNDER CHAPTER 119. 274
OF THE REVISED CODE TO IMPLEMENT SECTIONS 5123.51, 5123.52, AND 275
5123.53 OF THE REVISED CODE. THE RULES SHALL ESTABLISH 276
REHABILITATION STANDARDS FOR THE PURPOSES OF SECTION 5123.53 OF
THE REVISED CODE AND SPECIFY CIRCUMSTANCES, OTHER THAN MEETING 277
THE STANDARDS, THAT CONSTITUTE GOOD CAUSE FOR THE PURPOSES OF 278
THAT SECTION.
Sec. 5123.61. (A) As used in this section: 287
(1) "Mentally retarded or developmentally disabled adult" 289
means a person who is eighteen years of age or older and is a 290
mentally retarded or developmentally disabled person. 291
(2) "Law enforcement agency" means the state highway 293
patrol, the police department of a municipal corporation, or a 294
county sheriff. 295
(2) "ABUSE" HAS THE SAME MEANING AS IN SECTION 5123.50 OF 297
THE REVISED CODE, EXCEPT THAT IT INCLUDES A MISAPPROPRIATION, AS 298
DEFINED IN THAT SECTION.
(3) "NEGLECT" HAS THE SAME MEANING AS IN SECTION 5123.50 300
OF THE REVISED CODE.
(B) The department of mental retardation and developmental 302
disabilities shall establish a registry office for the purpose of 303
maintaining reports of abuse and, neglect, AND OTHER MAJOR 305
UNUSUAL INCIDENTS made to the department under this section and 306
8
reports received from county boards of mental retardation and 307
developmental disabilities under section 5126.31 of the Revised 308
Code. THE DEPARTMENT SHALL ESTABLISH COMMITTEES TO REVIEW 309
REPORTS OF ABUSE, NEGLECT, AND OTHER MAJOR UNUSUAL INCIDENTS.
(C)(1) Any person listed in division (C)(2) of this 311
section, having reason to believe that a mentally retarded or 312
developmentally disabled adult PERSON WITH MENTAL RETARDATION OR 313
A DEVELOPMENTAL DISABILITY has suffered any wound, injury, 314
disability, or condition of such a nature as to reasonably 315
indicate abuse or neglect of that adult PERSON, shall immediately 317
report or cause reports to be made of such information to a law 318
enforcement agency or to the county board of mental retardation 319
and developmental disabilities, except that if the report 320
concerns a resident of a facility operated by the department of 321
mental retardation and developmental disabilities the report 322
shall be made either to a law enforcement agency or to the 323
department. 324
(2) All of the following persons are required to make a 326
report under division (C)(1) of this section: 327
(a) Any physician, including a hospital intern or 329
resident, any dentist, podiatrist, chiropractor, practitioner of 330
a limited branch of medicine as specified in section 4731.15 of 333
the Revised Code, hospital administrator or employee of a 334
hospital, nurse licensed under Chapter 4723. of the Revised Code, 335
employee of an ambulatory health facility as defined in section 336
5101.61 of the Revised Code, employee of a home health agency, 337
employee of an adult care facility licensed under Chapter 3722. 338
of the Revised Code, or employee of a community mental health
facility; 339
(b) Any school teacher or school authority, social worker, 341
psychologist, attorney, peace officer, coroner, clergyman, or 342
residents' rights advocate as defined in section 3721.10 of the 343
Revised Code; 344
(c) A superintendent, board member, or employee of a 346
9
county board of mental retardation and developmental 347
disabilities; an administrator, board member, or employee of a 348
residential facility licensed under section 5123.19 of the 349
Revised Code; or an administrator, board member, or employee of 350
any other public or private provider of services to a mentally 351
retarded or developmentally disabled adult PERSON WITH MENTAL 352
RETARDATION OR A DEVELOPMENTAL DISABILITY, OR ANY MR/DD EMPLOYEE, 354
AS DEFINED IN SECTION 5123.50 OF THE REVISED CODE; 355
(d) A member of a citizen's advisory council established 357
at an institution or branch institution of the department of 358
mental retardation and developmental disabilities under section 359
5123.092 of the Revised Code; 360
(e) A person who, while acting in an official or 362
professional capacity, renders spiritual treatment through prayer 364
in accordance with the tenets of an organized religion.
(3) The reporting requirements of this division do not 366
apply to members of the legal rights service commission or to 367
employees of the legal rights service. 368
(D) The reports required under division (C) of this 370
section shall be made forthwith by telephone or in person and 371
shall be followed by a written report. The reports shall contain 372
the following: 373
(1) The names and addresses of the mentally retarded or 375
developmentally disabled adult PERSON WITH MENTAL RETARDATION OR 376
A DEVELOPMENTAL DISABILITY and the adult's PERSON'S custodian, if 378
known;
(2) The mentally retarded or developmentally disabled 380
adult's age and the nature and extent of the adult's injuries or 381
physical neglect, including any evidence of previous injuries or 382
physical neglect OF THE PERSON WITH MENTAL RETARDATION OR A 383
DEVELOPMENTAL DISABILITY; 384
(3) Any other information which might be helpful in 386
establishing the cause of the injury, abuse, or physical neglect 387
THAT WOULD ASSIST IN THE INVESTIGATION OF THE REPORT. 388
10
(E) When a physician performing services as a member of 390
the staff of a hospital or similar institution has reason to 391
believe that a mentally retarded or developmentally disabled 392
adult PERSON WITH MENTAL RETARDATION OR A DEVELOPMENTAL 393
DISABILITY has suffered injury, abuse, or physical neglect, the 394
physician shall notify the person in charge of the institution or 395
that person's designated delegate, who shall make the necessary 396
reports.
(F) Any person having reasonable cause to believe that a 398
mentally retarded or developmentally disabled adult PERSON WITH 399
MENTAL RETARDATION OR A DEVELOPMENTAL DISABILITY has suffered 400
abuse or neglect may report the belief, or cause a report to be 401
made, to a law enforcement agency or the county board of mental 402
retardation and developmental disabilities, or, if the adult 403
PERSON is a resident of a facility operated by the department of 404
mental retardation and developmental disabilities, to a law 405
enforcement agency or to the department. 406
(G)(1) Upon the receipt of a report concerning the 408
possible nonaccidental infliction of a physical injury upon a 409
mentally retarded or developmentally disabled adult ABUSE OR 410
NEGLECT OF A PERSON WITH MENTAL RETARDATION OR A DEVELOPMENTAL 411
DISABILITY, the law enforcement agency shall inform the county 412
board of mental retardation and developmental disabilities or, if 413
the adult PERSON is a resident of a facility operated by the 414
department of mental retardation and developmental disabilities, 415
the director of the department or the director's designee. 416
(2) On receipt of a report under this section THAT 419
INCLUDES AN ALLEGATION OF ACTION OR INACTION THAT MAY CONSTITUTE 420
A CRIME UNDER FEDERAL LAW OR THE LAW OF THIS STATE, the 421
department of mental retardation and developmental disabilities 422
shall notify the law enforcement agency. 423
(3) When a county board of mental retardation and 425
developmental disabilities receives a report under this section 426
THAT INCLUDES AN ALLEGATION OF ACTION OR INACTION THAT MAY 427
11
CONSTITUTE A CRIME UNDER FEDERAL LAW OR THE LAW OF THIS STATE, 428
the superintendent of the board or an individual the 429
superintendent designates under division (H) of this section 431
shall notify the law enforcement agency and. THE SUPERINTENDENT 432
OR INDIVIDUAL SHALL NOTIFY the department of mental retardation 433
and developmental disabilities WHEN IT RECEIVES ANY REPORT UNDER 434
THIS SECTION. 435
(H) The superintendent of the board may designate an 437
individual to be responsible for notifying the law enforcement 438
agency and the department when the county board receives a report 439
under this section. 440
(I) A mentally retarded or developmentally disabled AN 442
adult WITH MENTAL RETARDATION OR A DEVELOPMENTAL DISABILITY about 444
whom a report is made may be removed from the adult's place of 445
residence only by law enforcement officers who consider that the
adult's immediate removal is essential to protect the adult from 446
further injury or abuse or in accordance with the order of a 447
court made pursuant to section 5126.33 of the Revised Code. 448
(J) A law enforcement agency shall investigate each report 450
of abuse or neglect made IT RECEIVES under this section. In 451
addition, the department, in cooperation with law enforcement 453
officials, shall investigate each report regarding a resident of 454
a facility operated by the department to determine the 455
circumstances surrounding the injury, the cause of the injury, 456
and the person responsible. The department shall determine, with 457
the registry office which shall be maintained by the department, 458
whether prior reports have been made concerning the mentally 459
retarded or developmentally disabled AND adult WITH MENTAL 460
RETARDATION OR A DEVELOPMENTAL DISABILITY or other principals in 461
the case. The IF THE department FINDS THAT THE REPORT INVOLVES 462
ACTION OR INACTION THAT MAY CONSTITUTE A CRIME UNDER FEDERAL LAW 463
OR THE LAW OF THIS STATE, IT shall submit a report of its 464
investigation, in writing, to the law enforcement agency. IF THE 465
PERSON WITH MENTAL RETARDATION OR A DEVELOPMENTAL DISABILITY IS 466
12
AN ADULT, and with the consent of the adult, THE DEPARTMENT shall 467
provide such protective services as are necessary to protect the 469
adult. The law enforcement agency shall make a written report of 470
its findings to the department.
If the PERSON IS AN adult AND is not a resident of a 472
facility operated by the department, the county board of mental 474
retardation and developmental disabilities shall review the 475
report of abuse or neglect in accordance with sections 5126.30 to 476
5126.33 of the Revised Code and the law enforcement agency shall 477
make the written report of its findings to the county board. 478
(K) Any person or any hospital, institution, school, 480
health department, or agency participating in the making of 481
reports pursuant to this section, any person participating as a 482
witness in an administrative or judicial proceeding resulting 483
from the reports, or any person or governmental entity that 484
discharges responsibilities under sections 5126.31 to 5126.33 of 485
the Revised Code shall be immune from any civil or criminal 486
liability that might otherwise be incurred or imposed as a result 487
of such actions except liability for perjury, unless the person 488
or governmental entity has acted in bad faith or with malicious 489
purpose. 490
(L) No employer or any person with the authority to do so 492
shall discharge, demote, transfer, prepare a negative work 493
performance evaluation, reduce pay or benefits, terminate work 494
privileges, or take any other action detrimental to an employee 495
or retaliate against an employee as a result of the employee's 496
having made a report under this section. This division does not 497
preclude an employer or person with authority from taking action 498
with regard to an employee who has made a report under this 499
section if there is another reasonable basis for the action. 500
(M) Reports made under this section are not public records 502
as defined in section 149.43 of the Revised Code. Information 503
contained in the reports on request shall be made available to 504
the adult PERSON who is the subject of the report, to the adult's 506
13
PERSON'S legal counsel, and to agencies authorized to receive 507
information in the report by the department or by a county board 508
of mental retardation and developmental disabilities. 509
(N) Notwithstanding section 4731.22 of the Revised Code, 511
the physician-patient privilege shall not be a ground for 512
excluding evidence regarding a mentally retarded or 513
developmentally disabled adult's THE injuries or physical neglect 514
OF A PERSON WITH MENTAL RETARDATION OR A DEVELOPMENTAL DISABILITY 515
or the cause thereof in any judicial proceeding resulting from a 516
report submitted pursuant to this section. 517
Sec. 5126.28. (A) As used in this section: 526
(1) "Applicant" means a person who is under final 528
consideration for appointment or employment in a position with a 529
county board of mental retardation and developmental 530
disabilities. 531
(2) "Criminal records check" has the same meaning as in 533
section 109.572 of the Revised Code. 534
(3) "Minor drug possession offense" has the same meaning 536
as in section 2925.01 of the Revised Code. 537
(B) The superintendent of a county board of mental 539
retardation and developmental disabilities shall request the 540
superintendent of the bureau of criminal identification and 541
investigation to conduct a criminal records check with respect to 542
any applicant who has applied to the board for employment in any 543
position, except that a county board superintendent is not 544
required to request a criminal records check for an employee of 545
the board who is being considered for a different position or is 546
returning after a leave of absence or seasonal break in 547
employment, as long as the superintendent has no reason to 548
believe that the employee has committed any of the offenses 549
listed or described in division (E) of this section. 550
If the applicant does not present proof that the applicant 553
has been a resident of this state for the five-year period 554
immediately prior to the date upon which the criminal records 555
14
check is requested, the county board superintendent shall request 556
that the superintendent of the bureau obtain information from the 557
federal bureau of investigation as a part of the criminal records 558
check for the applicant. If the applicant presents proof that 559
the applicant has been a resident of this state for that 560
five-year period, the county board superintendent may request 561
that the superintendent of the bureau include information from 562
the federal bureau of investigation in the criminal records 563
check. For purposes of this division, an applicant may provide 564
proof of residency in this state by presenting, with a notarized 565
statement asserting that the applicant has been a resident of 566
this state for that five-year period, a valid driver's license, 567
notification of registration as an elector, a copy of an 568
officially filed federal or state tax form identifying the 569
applicant's permanent residence, or any other document the 570
superintendent considers acceptable.
(C) The county board superintendent shall provide to each 572
applicant a copy of the form prescribed pursuant to division 573
(C)(2) of section 109.572 of the Revised Code, provide to each 574
applicant a standard impression sheet to obtain fingerprint 575
impressions prescribed pursuant to division (C)(2) of section 576
109.572 of the Revised Code, obtain the completed form and 577
impression sheet from each applicant, and forward the completed 578
form and impression sheet to the superintendent of the bureau of 579
criminal identification and investigation at the time the 580
criminal records check is requested. 581
Any applicant who receives pursuant to this division a copy 583
of the form prescribed pursuant to division (C)(1) of section 584
109.572 of the Revised Code and a copy of an impression sheet 585
prescribed pursuant to division (C)(2) of that section and who is 586
requested to complete the form and provide a set of fingerprint 587
impressions shall complete the form or provide all the 588
information necessary to complete the form and shall provide the 589
impression sheet with the impressions of the applicant's 590
15
fingerprints. If an applicant, upon request, fails to provide 591
the information necessary to complete the form or fails to 592
provide impressions of the applicant's fingerprints, the county 593
board superintendent shall not employ that applicant. 594
(D) A county board superintendent may request any other 596
state or federal agency to supply the board with a written report 598
regarding the criminal record of each applicant. With regard to
an applicant who becomes a board employee, if the employee holds 600
an occupational or professional license or other credentials, the
superintendent may request that the state or federal agency that 601
regulates the employee's occupation or profession supply the 602
board with a written report of any information pertaining to the 603
employee's criminal record that the agency obtains in the course 604
of conducting an investigation or in the process of renewing the 605
employee's license or other credentials.
(E) Except as provided in division (K)(2) of this section 607
and in rules adopted by the department of mental retardation and 608
developmental disabilities in accordance with division (M) of 609
this section, no county board of mental retardation and 610
developmental disabilities shall employ a person to fill a 611
position with the board who has been convicted of or pleaded 612
guilty to any of the following: 613
(1) A violation of section 2903.01, 2903.02, 2903.03, 615
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 616
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05, 618
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 619
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 620
2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25, 621
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, 622
2925.06, or 3716.11 of the Revised Code, a violation of section 623
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 624
have been a violation of section 2905.04 of the Revised Code as 625
it existed prior to July 1, 1996, had the violation occurred 626
16
prior to that date, a violation of section 2925.11 of the Revised 627
Code that is not a minor drug possession offense, or felonious 628
sexual penetration in violation of former section 2907.12 of the 629
Revised Code;
(2) A felony contained in the Revised Code that is not 631
listed in this division, if the felony bears a direct and 632
substantial relationship to the duties and responsibilities of 633
the position being filled; 634
(3) A violation of an existing or former law of this 636
state, any other state, or the United States, if the offense is 637
substantially equivalent to any of the offenses described in 638
division (E)(1) or (2) of this section. 639
(F) Prior to employing an applicant, the county board 641
superintendent shall require the applicant to submit a statement 642
with the applicant's signature attesting that the applicant has 643
not been convicted of or pleaded guilty to any of the offenses 644
described in division (E) of this section. The superintendent 645
also shall require the applicant to sign an agreement under which 647
the applicant agrees to notify the superintendent if while
employed by the board the person is ever formally charged for any 648
of the offenses listed or described in division (E) of this 650
section. The agreement shall inform the applicant that failure 651
to report formal charges may result in being dismissed from 652
employment.
(G) A county board of mental retardation and developmental 655
disabilities shall pay to the bureau of criminal identification 656
and investigation the fee prescribed pursuant to division (C)(2) 657
of section 109.572 of the Revised Code for each criminal records 658
check requested and conducted pursuant to this section. 659
(H)(1) Any report obtained pursuant to this section is not 661
a public record for purposes of section 149.43 of the Revised 662
Code and shall not be made available to any person, other than 663
the applicant who is the subject of the records check or criminal 664
records check or the applicant's representative, the board 665
17
requesting the records check or criminal records check or its 666
representative, the department of mental retardation and 668
developmental disabilities, and any court, hearing officer, or 669
other necessary individual involved in a case dealing with the 670
denial of employment to the applicant or the denial, suspension, 671
or revocation of a certificate or evidence of registration under 672
section 5126.25 of the Revised Code. 673
(2) An individual for whom a county board superintendent 675
has obtained reports under this section may submit a written 676
request to the county board to have copies of the reports sent to 678
any state agency, entity of local government, or private entity. 679
The individual shall specify in the request the entities to which 680
the copies are to be sent. On receiving the request, the county 681
board shall send copies of the reports to the entities specified. 682
A county board may request that a state agency, entity of 684
local government, or private entity send copies to the board of 685
any report regarding a records check or criminal records check 686
that the entity possesses, if the county board obtains the 687
written consent of the individual who is the subject of the 688
report. 689
(I) Each county board superintendent shall request the 691
registrar of motor vehicles to supply the superintendent with a 692
certified abstract regarding the record of convictions for 693
violations of motor vehicle laws of each applicant who will be 694
required by the applicant's employment to transport individuals 695
with mental retardation or developmental disabilities or to 696
operate the board's vehicles for any other purpose. For each 697
abstract provided under this section, the board shall pay the 698
amount specified in section 4509.05 of the Revised Code. 699
(J) The county board superintendent shall provide each 701
applicant with a copy of any report or abstract obtained about 702
the applicant under this section. The superintendent also shall 703
provide the department of mental retardation and developmental 704
disabilities with a copy of each report or abstract obtained 705
18
under this section. 706
(K)(1) The county board superintendent shall inform each 708
person, at the time of the person's initial application for 709
employment, that the person is required to provide a set of 710
impressions of the person's fingerprints and that a criminal 711
records check is required to be conducted and satisfactorily 712
completed in accordance with section 109.572 of the Revised Code 713
if the person comes under final consideration for appointment or 714
employment as a precondition to employment for that position. 715
(2) A board may employ an applicant pending receipt of 718
reports requested under this section. The board shall terminate 719
employment of any such applicant if it is determined from the 720
reports that the applicant failed to inform the county board that 721
the applicant had been convicted of or pleaded guilty to any of
the offenses listed or described in division (E) of this section. 722
(L) The board may charge an applicant a fee for costs it 724
incurs in obtaining reports, abstracts, or fingerprint 725
impressions under this section. A fee charged under this 726
division shall not exceed the amount of the fees the board pays 727
under divisions (G) and (I) of this section. If a fee is charged 728
under this division, the board shall notify the applicant of the 729
amount of the fee at the time of the applicant's initial 730
application for employment and that unless the fee is paid, the 731
board will not consider the applicant for employment. 732
(M) The department of mental retardation and developmental 734
disabilities shall adopt rules pursuant to Chapter 119. of the 735
Revised Code to implement this section and section 5126.281 of 736
the Revised Code, including rules specifying circumstances under 737
which a county board or contracting entity may hire a person who 738
has been convicted of an offense listed or described in division 739
(E) of this section but who meets standards in regard to 740
rehabilitation set by the department. THE RULES MAY NOT 741
AUTHORIZE A COUNTY BOARD OR CONTRACTING ENTITY TO HIRE AN 742
INDIVIDUAL WHO IS INCLUDED IN THE REGISTRY ESTABLISHED UNDER 743
19
SECTION 5123.52 OF THE REVISED CODE.
Sec. 5126.30. As used in sections 5126.30 to 5126.33 of 752
the Revised Code: 753
(A) "Mentally retarded or developmentally disabled adult" 755
and "adult ADULT" mean MEANS a person eighteen years of age or 757
older who is developmentally disabled or mentally retarded WITH 758
MENTAL RETARDATION OR A DEVELOPMENTAL DISABILITY. 759
(B) "Caretaker" means a person who is responsible for the 761
care of an adult by order of a court, including an order of 762
guardianship, or who assumes the responsibility for the care of 763
an adult as a volunteer, as a family member, by contract, or by 764
the acceptance of payment for care. 765
(C) "Abuse" means any of the following: 767
(1) An act, or a failure to act, that results or could 769
result in emotional or physical injury to an adult, unless the 770
act is done in self-defense or by accident; 771
(2) An act that constitutes "sexual activity" as defined 773
in section 2907.01 HAS THE SAME MEANING AS IN SECTION 5123.50 of 776
the Revised Code and would constitute an offense under Chapter 777
2907. of the Revised Code;
(3) Insulting or coarse language or gestures directed 779
toward an adult that subject him to humiliation or degradation; 781
(4) An act that deprives an adult of real or personal 783
property by fraudulent or illegal means, EXCEPT THAT IT INCLUDES 784
A MISAPPROPRIATION, AS DEFINED IN THAT SECTION. 785
(D) "Neglect" means the failure of an adult or a caretaker 787
to provide goods and services necessary for the adult to avoid 788
physical harm HAS THE SAME MEANING AS IN SECTION 5123.50 OF THE 790
REVISED CODE.
(E) "Working day" means Monday, Tuesday, Wednesday, 792
Thursday, or Friday, except when that day is a holiday as defined 793
in section 1.14 of the Revised Code. 794
(F) "Incapacitated" means lacking understanding or 796
capacity, with or without the assistance of a caretaker, to make 797
20
and carry out decisions regarding food, clothing, shelter, health 798
care, or other necessities, but does not include mere refusal to 799
consent to the provision of services. 800
Sec. 5126.31. (A) A county board of mental retardation 809
and developmental disabilities shall review reports of abuse and 810
neglect made under section 5123.61 of the Revised Code and 811
reports referred to it under section 5101.611 of the Revised Code 812
to determine whether the person who is the subject of the report 813
is a mentally retarded or developmentally disabled AN adult WITH 815
MENTAL RETARDATION OR A DEVELOPMENTAL DISABILITY in need of 816
services to deal with the abuse or neglect. The board shall give 817
notice of each report to the registry office of the department of 818
mental retardation and developmental disabilities established 819
pursuant to section 5123.61 of the Revised Code on the first 820
working day after receipt of the report. If the report alleges 821
that there is a substantial risk to the adult of immediate 822
physical harm or death, the board shall initiate review within 823
twenty-four hours of its receipt of the report. If the board 824
determines that the person is sixty years of age or older but is 825
DOES not mentally retarded or developmentally disabled HAVE 826
MENTAL RETARDATION OR A DEVELOPMENTAL DISABILITY, it shall refer 827
the case to the county department of job and family services. If 828
the board determines that the person is a mentally retarded or 829
developmentally disabled AN adult WITH MENTAL RETARDATION OR A 830
DEVELOPMENTAL DISABILITY, it shall continue its review of the 832
case.
(B) For each review over which the board retains 834
responsibility under division (A) of this section, it shall do 835
all of the following: 836
(1) Give both written and oral notice of the purpose of 838
the review to the adult and, if any, to the adult's legal counsel 840
or caretaker, in simple and clear language; 841
(2) Visit the adult, in the adult's residence if possible, 844
and explain the notice given under division (B)(1) of this 845
21
section;
(3) Request from the registry office any prior reports 847
concerning the adult or other principals in the case; 848
(4) Consult, if feasible, with the person who made the 850
report under section 5101.61 or 5123.61 of the Revised Code and 851
with any agencies or persons who have information about the 852
alleged abuse or neglect; 853
(5) Cooperate fully with the law enforcement agency 855
responsible for investigating the report and for filing any 856
resulting criminal charges and, on request, turn over evidence to 857
the agency; 858
(6) Determine whether the adult needs services, and 861
prepare a written report stating reasons for the determination. 862
No adult shall be determined to be abused, neglected, or in need 863
of services for the sole reason that, in lieu of medical 864
treatment, the adult relies on or is being furnished spiritual 866
treatment through prayer alone in accordance with the tenets and 867
practices of a church or religious denomination of which the 868
adult is a member or adherent. 870
(C) The board shall arrange for the provision of services 872
for the prevention, correction or discontinuance of abuse or 873
neglect or of a condition resulting from abuse or neglect for any 874
adult who has been determined to need the services and consents 875
to receive them. These services may include, but are not limited 876
to, case management, fiscal management, medical, mental health, 877
home health care, homemaker, legal, and residential services and 878
the provision of temporary accommodations and necessities such as 879
food and clothing. The services do not include acting as a 880
guardian, trustee, or protector as defined in section 5123.55 of 881
the Revised Code. If the provision of residential services would 882
require expenditures by the department of mental retardation and 883
developmental disabilities, the board shall obtain the approval 884
of the department prior to arranging the residential services. 885
To arrange services, the board shall: 887
22
(1) Develop an individualized service plan identifying the 890
types of services required for the adult, the goals for the 891
services, and the persons or agencies that will provide them; 892
(2) In accordance with rules established by the director 894
of mental retardation and developmental disabilities, obtain the 895
consent of the adult or the adult's guardian to the provision of 897
any of these services and obtain the signature of the adult or 898
guardian on the individual service plan. An adult who has been 899
found incompetent under Chapter 2111. of the Revised Code may 900
consent to services. If the board is unable to obtain consent, 901
it may seek, if the adult is incapacitated, a court order 902
pursuant to section 5126.33 of the Revised Code authorizing the 903
board to arrange these services. 904
(D) The board shall ensure that the adult receives the 906
services arranged by the board from the provider and shall have 907
the services terminated if the adult withdraws consent. 908
(E) On completion of a review, the board shall submit a 910
written report to the law enforcement agency responsible for 911
investigating the report and to the registry office ESTABLISHED 912
UNDER SECTION 5123.61 OF THE REVISED CODE. IF THE REPORT 913
INCLUDES A FINDING THAT A PERSON WITH MENTAL RETARDATION OR A 914
DEVELOPMENTAL DISABILITY IS A VICTIM OF ACTION OR INACTION THAT 915
MAY CONSTITUTE A CRIME UNDER FEDERAL LAW OR THE LAW OF THIS
STATE, THE BOARD SHALL SUBMIT THE REPORT TO THE LAW ENFORCEMENT 916
AGENCY RESPONSIBLE FOR INVESTIGATING THE REPORT. Reports 917
prepared under this section are not public records as defined in 918
section 149.43 of the Revised Code. 919
(F) The board shall provide comprehensive formal training 921
for employees and other persons authorized to implement the 922
requirements of this section. 923
Sec. 5126.33. (A) A county board of mental retardation 932
and developmental disabilities may file a complaint with the 933
probate court of the county in which a mentally retarded or 934
developmentally disabled AN adult WITH MENTAL RETARDATION OR A 935
23
DEVELOPMENTAL DISABILITY resides for an order authorizing the 937
board to arrange services described in division (C) of section 938
5126.31 of the Revised Code for that adult if the board has been 939
unable to secure consent. The complaint shall include:
(1) The name, age, and address of the adult; 941
(2) Facts describing the nature of the abuse or neglect 943
and supporting the board's belief that services are needed; 944
(3) The types of services proposed by the board, as set 946
forth in the individualized service plan prepared pursuant to 947
section 5126.31 of the Revised Code and filed with the complaint; 948
(4) Facts showing the board's attempts to obtain the 950
consent of the adult or his THE ADULT'S guardian to the services. 952
(B)(1) The board shall give the adult notice of the filing 954
of the complaint and in simple and clear language shall inform 955
him THE ADULT of his THE ADULT'S rights in the hearing under 957
division (C) of this section and explain the consequences of a 958
court order. This notice shall be personally served upon the 959
adult and also shall be given to the adult's caretaker, his THE 960
ADULT'S legal counsel, if any, and the legal rights service. The 962
notice shall be given at least twenty-four hours prior to the 963
hearing, although the court may waive this requirement upon a 964
showing that there is a substantial risk that the adult will 965
suffer immediate physical harm in the twenty-four hour period and 966
that the board has made reasonable attempts to give the notice 967
required by this division.
(C) Upon the filing of a complaint for an order under this 969
section, the court shall hold a hearing at least twenty-four 970
hours and no later than seventy-two hours after the notice under 971
division (B)(1) of this section has been given unless the court 972
has waived the notice. The adult shall have the right to be 973
present at the hearing, present evidence, and examine and 974
cross-examine witnesses. The adult shall be represented by 975
counsel unless the court finds that the adult has made a 976
voluntary, informed, and knowing waiver of the right to counsel. 977
24
If the adult is indigent, the court shall appoint counsel to 978
represent him THE ADULT. The board shall be represented by the 979
county prosecutor or an attorney designated by the board. 981
(D)(1) The court shall issue an order authorizing the 983
board to arrange the services if it finds, on the basis of clear 984
and convincing evidence, all of the following: 985
(a) The adult has been abused or neglected; 987
(b) The adult is incapacitated; 989
(c) There is a substantial risk to the adult of immediate 991
physical harm or death; 992
(d) The adult is in need of the services; 994
(e) No person authorized by law or court order to give 996
consent for the adult is available or willing to consent to the 997
services. 998
(2) In formulating the order, the court shall consider the 1,000
individual service plan and shall specifically designate the 1,001
services that are necessary to deal with the abuse or neglect or 1,002
condition resulting from abuse or neglect and that are available 1,003
locally, and authorize the board to arrange for these services 1,004
only. The court shall limit the provision of these services to a 1,005
period not exceeding fourteen days, renewable for an additional 1,006
fourteen-day period on a showing by the board that continuation 1,007
of the order is necessary. 1,008
(E) If the court finds that all other options for meeting 1,010
the adult's needs have been exhausted, it may order that the 1,011
adult be removed from his THE ADULT'S place of residence and 1,012
placed in another residential setting. Before issuing that 1,014
order, the court shall consider the adult's choice of residence 1,015
and shall determine that the new residential setting is the least 1,016
restrictive alternative available for meeting his THE ADULT'S 1,017
needs and is a place where the adult can obtain the necessary 1,019
requirements for daily living in safety. The court shall not 1,020
order an adult to a hospital or public hospital as defined in 1,021
section 5122.01 or a state institution as defined in section 1,022
25
5123.01 of the Revised Code. 1,023
(F) The court shall not authorize a change in an adult's 1,025
placement ordered under division (E) of this section unless it 1,026
finds compelling reasons to justify a change. The parties to 1,027
whom notice was given in division (B) of this section shall be 1,028
given notice of a proposed change at least five working days 1,029
prior to the change. 1,030
(G) The adult, the board, or any other person who received 1,032
notice of the petition may file a motion for modification of the 1,033
court order at any time. 1,034
(H) The county board shall pay court costs incurred in 1,036
proceedings brought pursuant to this section. The adult shall 1,037
not be required to pay for court-ordered services. 1,038
Section 2. That existing sections 5123.61, 5126.28, 1,040
5126.30, 5126.31, and 5126.33 of the Revised Code are hereby 1,041
repealed.