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.