REPRESENTATIVES Hughes, Willamowski, Oelslager, Harwood, Book, Brown, Carmichael, C. Evans, Fessler, Flowers, Gilb, Hartnett, Latta, Martin, McGregor, T. Patton, Perry, Reidelbach, Schmidt, Schneider, Skindell, S. Smith, D. Stewart, Yates

To amend sections 109.572, 313.12, 2106.01, 2106.02,

1

2107.19, 2108.50, 2109.301, 2109.32, 2113.53,

2

2117.06, 2117.07, 2117.11, 2117.12, 2151.421,

3

2311.14, 2930.03, 5120.173, 5123.081, 5123.50,

4

5123.51, 5123.61, 5123.99, 5126.28, 5126.30, and

5

5126.33 and to enact sections 2101.163, 2108.521,

6

2152.821, 2903.341, 2930.061, 2945.482, 2945.491,

7

5123.541, 5123.542, 5123.614, 5126.058, 5126.331,

8

5126.332, and 5126.333 of the Revised Code

9

relative to the election by a surviving spouse,

10

notice of admission of a will to probate, accounts

11

of administrators and executors, distribution of

12

estate assets, presentation of creditors' claims

13

to distributees, dispute resolution procedures in

14

probate court, time for presenting claims against

15

an estate, to implement the recommendations of the

16

MR/DD Victims of Crime Task Force, to make related

17

changes in the law, and to amend the version of

18

section 5123.50 of the Revised Code that is

19

scheduled to take effect December 31, 2003, to

20

continue the provisions of this act on and after

21

that effective date.

22

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That sections 109.572, 313.12, 2106.01, 2106.02,	23
2107.19, 2108.50, 2109.301, 2109.32, 2113.53, 2117.06, 2117.07,	24
2117.11, 2117.12, 2151.421, 2311.14, 2930.03, 5120.173, 5123.081,	25
5123.50, 5123.51, 5123.61, 5123.99, 5126.28, 5126.30, and 5126.33	26
be amended and sections 2101.163, 2108.521, 2152.821, 2903.341,	27
2930.061, 2945.482, 2945.491, 5123.541, 5123.542, 5123.614,	28
5126.058, 5126.331, 5126.332, and 5126.333 of the Revised Code be	29
enacted to read as follows:	30

Sec. 109.572. (A)(1) Upon receipt of a request pursuant to	31
section 2151.86, 3301.32, 3301.541, 3319.39, 5104.012, 5104.013,	32
or 5153.111 of the Revised Code, a completed form prescribed	33
pursuant to division (C)(1) of this section, and a set of	34
fingerprint impressions obtained in the manner described in	35
division (C)(2) of this section, the superintendent of the bureau	36
of criminal identification and investigation shall conduct a	37
criminal records check in the manner described in division (B) of	38
this section to determine whether any information exists that	39
indicates that the person who is the subject of the request	40
previously has been convicted of or pleaded guilty to any of the	41
following:	42

(a) A violation of section 2903.01, 2903.02, 2903.03,	43
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	44
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,	45
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,	46
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01,	47
2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25,	48
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05,	49
2925.06, or 3716.11 of the Revised Code, felonious sexual	50
penetration in violation of former section 2907.12 of the Revised	51
Code, a violation of section 2905.04 of the Revised Code as it	52
existed prior to July 1, 1996, a violation of section 2919.23 of	53
the Revised Code that would have been a violation of section	54
2905.04 of the Revised Code as it existed prior to July 1, 1996,	55
had the violation been committed prior to that date, or a	56
violation of section 2925.11 of the Revised Code that is not a	57
minor drug possession offense;	58

(b) A violation of an existing or former law of this state,	59
any other state, or the United States that is substantially	60
equivalent to any of the offenses listed in division (A)(1)(a) of	61
this section.	62

(2) On receipt of a request pursuant to section 5123.081 of	63
the Revised Code with respect to an applicant for employment in	64
any position with the department of mental retardation and	65
developmental disabilities, pursuant to section 5126.28 of the	66
Revised Code with respect to an applicant for employment in any	67
position with a county board of mental retardation and	68
developmental disabilities, or pursuant to section 5126.281 of the	69
Revised Code with respect to an applicant for employment in a	70
direct services position with an entity contracting with a county	71
board for employment, a completed form prescribed pursuant to	72
division (C)(1) of this section, and a set of fingerprint	73
impressions obtained in the manner described in division (C)(2) of	74
this section, the superintendent of the bureau of criminal	75
identification and investigation shall conduct a criminal records	76
check. The superintendent shall conduct the criminal records check	77
in the manner described in division (B) of this section to	78
determine whether any information exists that indicates that the	79
person who is the subject of the request has been convicted of or	80
pleaded guilty to any of the following:	81

(a) A violation of section 2903.01, 2903.02, 2903.03,	82
2903.341, 2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21,	83
2903.34, 2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03,	84
2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12,	85
2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321,	86
2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12,	87
2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02,	88
2925.03, or 3716.11 of the Revised Code;	89

(b) An existing or former municipal ordinance or law of this	90
state, any other state, or the United States that is substantially	91
equivalent to any of the offenses listed in division (A)(2)(a) of	92
this section.	93

(3) On receipt of a request pursuant to section 173.41,	94
3712.09, 3721.121, or 3722.151 of the Revised Code, a completed	95
form prescribed pursuant to division (C)(1) of this section, and a	96
set of fingerprint impressions obtained in the manner described in	97
division (C)(2) of this section, the superintendent of the bureau	98
of criminal identification and investigation shall conduct a	99
criminal records check with respect to any person who has applied	100
for employment in a position that involves providing direct care	101
to an older adult. The superintendent shall conduct the criminal	102
records check in the manner described in division (B) of this	103
section to determine whether any information exists that indicates	104
that the person who is the subject of the request previously has	105
been convicted of or pleaded guilty to any of the following:	106

(a) A violation of section 2903.01, 2903.02, 2903.03,	107
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	108
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,	109
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,	110
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,	111
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,	112
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,	113
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,	114
2925.22, 2925.23, or 3716.11 of the Revised Code;	115

(b) An existing or former law of this state, any other state,	116
or the United States that is substantially equivalent to any of	117
the offenses listed in division (A)(3)(a) of this section.	118

(4) On receipt of a request pursuant to section 3701.881 of	119
the Revised Code with respect to an applicant for employment with	120
a home health agency as a person responsible for the care,	121
custody, or control of a child, a completed form prescribed	122
pursuant to division (C)(1) of this section, and a set of	123
fingerprint impressions obtained in the manner described in	124
division (C)(2) of this section, the superintendent of the bureau	125
of criminal identification and investigation shall conduct a	126
criminal records check. The superintendent shall conduct the	127
criminal records check in the manner described in division (B) of	128
this section to determine whether any information exists that	129
indicates that the person who is the subject of the request	130
previously has been convicted of or pleaded guilty to any of the	131
following:	132

(a) A violation of section 2903.01, 2903.02, 2903.03,	133
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	134
2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03, 2907.04,	135
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.21,	136
2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322,	137
2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22,	138
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03,	139
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code or a	140
violation of section 2925.11 of the Revised Code that is not a	141
minor drug possession offense;	142

(b) An existing or former law of this state, any other state,	143
or the United States that is substantially equivalent to any of	144
the offenses listed in division (A)(4)(a) of this section.	145

(5) On receipt of a request pursuant to section 3701.881 of	146
the Revised Code with respect to an applicant for employment with	147
a home health agency in a position that involves providing direct	148
care to an older adult, a completed form prescribed pursuant to	149
division (C)(1) of this section, and a set of fingerprint	150
impressions obtained in the manner described in division (C)(2) of	151
this section, the superintendent of the bureau of criminal	152
identification and investigation shall conduct a criminal records	153
check. The superintendent shall conduct the criminal records check	154
in the manner described in division (B) of this section to	155
determine whether any information exists that indicates that the	156
person who is the subject of the request previously has been	157
convicted of or pleaded guilty to any of the following:	158

(a) A violation of section 2903.01, 2903.02, 2903.03,	159
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	160
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,	161
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,	162
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,	163
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,	164
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,	165
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,	166
2925.22, 2925.23, or 3716.11 of the Revised Code;	167

(b) An existing or former law of this state, any other state,	168
or the United States that is substantially equivalent to any of	169
the offenses listed in division (A)(5)(a) of this section.	170

(6) When conducting a criminal records check upon a request	171
pursuant to section 3319.39 of the Revised Code for an applicant	172
who is a teacher, in addition to the determination made under	173
division (A)(1) of this section, the superintendent shall	174
determine whether any information exists that indicates that the	175
person who is the subject of the request previously has been	176
convicted of or pleaded guilty to any offense specified in section	177
3319.31 of the Revised Code.	178

(7) When conducting a criminal records check on a request	179
pursuant to section 2151.86 of the Revised Code for a person who	180
is a prospective foster caregiver or who is eighteen years old or	181
older and resides in the home of a prospective foster caregiver,	182
the superintendent, in addition to the determination made under	183
division (A)(1) of this section, shall determine whether any	184
information exists that indicates that the person has been	185
convicted of or pleaded guilty to a violation of:	186

(a) Section 2909.02 or 2909.03 of the Revised Code;

187

(b) An existing or former law of this state, any other state,	188
or the United States that is substantially equivalent to section	189
2909.02 or 2909.03 of the Revised Code.	190

(8) Not later than thirty days after the date the	191
superintendent receives the request, completed form, and	192
fingerprint impressions, the superintendent shall send the person,	193
board, or entity that made the request any information, other than	194
information the dissemination of which is prohibited by federal	195
law, the superintendent determines exists with respect to the	196
person who is the subject of the request that indicates that the	197
person previously has been convicted of or pleaded guilty to any	198
offense listed or described in division (A)(1), (2), (3), (4),	199
(5), (6), or (7) of this section, as appropriate. The	200
superintendent shall send the person, board, or entity that made	201
the request a copy of the list of offenses specified in division	202
(A)(1), (2), (3), (4), (5), (6), or (7) of this section, as	203
appropriate. If the request was made under section 3701.881 of the	204
Revised Code with regard to an applicant who may be both	205
responsible for the care, custody, or control of a child and	206
involved in providing direct care to an older adult, the	207
superintendent shall provide a list of the offenses specified in	208
divisions (A)(4) and (5) of this section.	209

(B) The superintendent shall conduct any criminal records	210
check requested under section 173.41, 2151.86, 3301.32, 3301.541,	211
3319.39, 3701.881, 3712.09, 3721.121, 3722.151, 5104.012,	212
5104.013, 5123.081, 5126.28, 5126.281, or 5153.111 of the Revised	213
Code as follows:	214

(1) The superintendent shall review or cause to be reviewed	215
any relevant information gathered and compiled by the bureau under	216
division (A) of section 109.57 of the Revised Code that relates to	217
the person who is the subject of the request, including any	218
relevant information contained in records that have been sealed	219
under section 2953.32 of the Revised Code;	220

(2) If the request received by the superintendent asks for	221
information from the federal bureau of investigation, the	222
superintendent shall request from the federal bureau of	223
investigation any information it has with respect to the person	224
who is the subject of the request and shall review or cause to be	225
reviewed any information the superintendent receives from that	226
bureau.	227

(C)(1) The superintendent shall prescribe a form to obtain	228
the information necessary to conduct a criminal records check from	229
any person for whom a criminal records check is required by	230
section 173.41, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881,	231
3712.09, 3721.121, 3722.151, 5104.012, 5104.013, 5123.081,	232
5126.28, 5126.281, or 5153.111 of the Revised Code. The form that	233
the superintendent prescribes pursuant to this division may be in	234
a tangible format, in an electronic format, or in both tangible	235
and electronic formats.	236

(2) The superintendent shall prescribe standard impression	237
sheets to obtain the fingerprint impressions of any person for	238
whom a criminal records check is required by section 173.41,	239
2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 3721.121,	240
3722.151, 5104.012, 5104.013, 5123.081, 5126.28, 5126.281, or	241
5153.111 of the Revised Code. Any person for whom a records check	242
is required by any of those sections shall obtain the fingerprint	243
impressions at a county sheriff's office, municipal police	244
department, or any other entity with the ability to make	245
fingerprint impressions on the standard impression sheets	246
prescribed by the superintendent. The office, department, or	247
entity may charge the person a reasonable fee for making the	248
impressions. The standard impression sheets the superintendent	249
prescribes pursuant to this division may be in a tangible format,	250
in an electronic format, or in both tangible and electronic	251
formats.	252

(3) Subject to division (D) of this section, the	253
superintendent shall prescribe and charge a reasonable fee for	254
providing a criminal records check requested under section 173.41,	255
2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 3721.121,	256
3722.151, 5104.012, 5104.013, 5123.081, 5126.28, 5126.281, or	257
5153.111 of the Revised Code. The person making a criminal records	258
request under section 173.41, 2151.86, 3301.32, 3301.541, 3319.39,	259
3701.881, 3712.09, 3721.121, 3722.151, 5104.012, 5104.013,	260
5123.081, 5126.28, 5126.281, or 5153.111 of the Revised Code shall	261
pay the fee prescribed pursuant to this division. A person making	262
a request under section 3701.881 of the Revised Code for a	263
criminal records check for an applicant who may be both	264
responsible for the care, custody, or control of a child and	265
involved in providing direct care to an older adult shall pay one	266
fee for the request.	267

(4) The superintendent of the bureau of criminal	268
identification and investigation may prescribe methods of	269
forwarding fingerprint impressions and information necessary to	270
conduct a criminal records check, which methods shall include, but	271
not be limited to, an electronic method.	272

(D) A determination whether any information exists that	273
indicates that a person previously has been convicted of or	274
pleaded guilty to any offense listed or described in division	275
(A)(1)(a) or (b), (A)(2)(a) or (b), (A)(3)(a) or (b), (A)(4)(a) or	276
(b), (A)(5)(a) or (b), (A)(6), or (A)(7)(a) or (b) of this section	277
that is made by the superintendent with respect to information	278
considered in a criminal records check in accordance with this	279
section is valid for the person who is the subject of the criminal	280
records check for a period of one year from the date upon which	281
the superintendent makes the determination. During the period in	282
which the determination in regard to a person is valid, if another	283
request under this section is made for a criminal records check	284
for that person, the superintendent shall provide the information	285
that is the basis for the superintendent's initial determination	286
at a lower fee than the fee prescribed for the initial criminal	287
records check.	288

(E) As used in this section:

289

(1) "Criminal records check" means any criminal records check	290
conducted by the superintendent of the bureau of criminal	291
identification and investigation in accordance with division (B)	292
of this section.	293

(2) "Minor drug possession offense" has the same meaning as	294
in section 2925.01 of the Revised Code.	295

(3) "Older adult" means a person age sixty or older.

296

Sec. 313.12. (A) When any person dies as a result of criminal	297
or other violent means, by casualty, by suicide, or in any	298
suspicious or unusual manner, or when any person, including a	299
child under two years of age, dies suddenly when in apparent good	300
health, or when any mentally retarded person or developmentally	301
disabled person dies regardless of the circumstances, the	302
physician called in attendance, or any member of an ambulance	303
service, emergency squad, or law enforcement agency who obtains	304
knowledge thereof arising from histhe person's duties, shall	305
immediately notify the office of the coroner of the known facts	306
concerning the time, place, manner, and circumstances of the	307
death, and any other information whichthat is required pursuant	308
to sections 313.01 to 313.22 of the Revised Code. In such cases,	309
if a request is made for cremation, the funeral director called in	310
attendance shall immediately notify the coroner.	311

(B) As used in this section, "mentally retarded person" and	312
"developmentally disabled person" have the same meanings as in	313
section 5123.01 of the Revised Code.	314

Sec. 2101.163. (A) A probate judge may establish by rule	315
procedures for the resolution of disputes between parties to any	316
civil action or proceeding that is within the jurisdiction of the	317
probate court. Any procedures so adopted shall include, but are	318
not limited to, mediation. If the probate judge establishes any	319
procedures under this division, the probate judge may charge, in	320
addition to the fees and costs authorized under section 2101.16 of	321
the Revised Code, a reasonable fee, not to exceed fifteen dollars,	322
that is to be collected on the filing of each action or proceeding	323
and that is to be used to implement the procedures.	324

(B) The probate court shall pay to the county treasurer of	325
the county in which the court is located all fees collected under	326
division (A) of this section. The treasurer shall place the funds	327
from the fees in a separate fund to be disbursed upon an order of	328
the probate judge.	329

(C) If the probate judge determines that the amount of the	330
moneys in the fund described in division (B) of this section is	331
more than the amount that is sufficient to satisfy the purpose for	332
which the additional fee described in division (A) of this section	333
was imposed, the probate judge may declare a surplus in the fund	334
and expend the surplus moneys for other appropriate judicial	335
expenses of the probate court.	336

Sec. 2106.01.  (A) After the initial appointment of an	337
administrator or executor of the estate, the probate court shall	338
issue a citation to the surviving spouse, if any is living at the	339
time of the issuance of the citation, to elect whether to exercise	340
the surviving spouse's rights under Chapter 2106. of the Revised	341
Code, including, after the probate of a will, the right to elect	342
to take under the will or under section 2105.06 of the Revised	343
Code.	344

A surviving spouse may waive the service of the citation	345
required under this division by filing in the probate court a	346
written waiver of the citation. The waiver shall include an	347
acknowledgment of receipt of the description of the general rights	348
of the surviving spouse required by division (B) of section	349
2106.02 of the Revised Code.	350

(B) If the surviving spouse elects to take under section	351
2105.06 of the Revised Code and if the value of the property that	352
the surviving spouse is entitled to receive is equal to or greater	353
than the value of the decedent's interest in the mansion house as	354
determined under section 2106.10 of the Revised Code, the	355
surviving spouse also is entitled to make an election pursuant to	356
division (A) of section 2106.10 of the Revised Code.	357

(C) If the surviving spouse elects to take under section	358
2105.06 of the Revised Code, the surviving spouse shall take not	359
to exceed one-half of the net estate, unless two or more of the	360
decedent's children or their lineal descendants survive, in which	361
case the surviving spouse shall take not to exceed one-third of	362
the net estate.	363

For purposes of this division, the net estate shall be	364
determined before payment of federal estate tax, estate taxes	365
under Chapter 5731. of the Revised Code, or any other tax that is	366
subject to apportionment under section 2113.86 or 2113.861 of the	367
Revised Code.	368

(D) Unless the will expressly provides that in case of an	369
election under division (A) of this section there shall be no	370
acceleration of remainder or other interests bequeathed or devised	371
by the will, the balance of the net estate shall be disposed of as	372
though the surviving spouse had predeceased the testator. If there	373
is a disposition by a will to an inter vivos trust that was	374
created by the testator, if under the terms of the trust the	375
surviving spouse is entitled to any interest in the trust or is	376
granted any power or nomination with respect to the trust, and if	377
the surviving spouse makes an election to take under section	378
2105.06 of the Revised Code, then, unless the trust instrument	379
provides otherwise, the surviving spouse is deemed for purposes of	380
the trust to have predeceased the testator, and there shall be an	381
acceleration of remainder or other interests in all property	382
bequeathed or devised to the trust by the will, in all property	383
held by the trustee at the time of the death of the decedent, and	384
in all property that comes into the hands of the trustee by reason	385
of the death of the decedent.	386

(E) The election of a surviving spouse to take under a will	387
or under section 2105.06 of the Revised Code may be made at any	388
time after the death of the decedent, but the surviving spouse	389
shall not make the election later than five months from the date	390
of the initial appointment of an administrator or executor of the	391
estate. On a motion filed before the expiration of the five-month	392
period, and for good cause shown, the court may allow further time	393
for the making of the election. If no action is taken by the	394
surviving spouse before the expiration of the five-month period,	395
it is conclusively presumed that the surviving spouse elects to	396
take under the will. The election shall be entered on the journal	397
of the court.	398

When proceedings for advice or to contest the validity of a	399
will are begun within the time allowed by this division for making	400
the election, the election may be made within three months after	401
the final disposition of the proceedings, if the will is not set	402
aside.	403

(F) When a surviving spouse succeeds to the entire estate of	404
the testator, having been named the sole devisee and legatee, it	405
shall be presumed that the spouse elects to take under the will of	406
the testator, unless the surviving spouse manifests a contrary	407
intention.	408

Sec. 2106.02.  (A) The citation to make the election referred	409
to in section 2106.01 of the Revised Code shall be sent toserved	410
on the surviving spouse by certified mailpursuant to Civil Rule	411
73. Notice that the citation has been issued by the court shall be	412
given to the administrator or executor of the estate of the	413
deceased spouse.	414

(B) The citation shall be accompanied by a general	415
description of the effect of the election to take under the will	416
or under section 2105.06 of the Revised Code and the general	417
rights of the surviving spouse under Chapter 2106. of the Revised	418
Code. The description shall include a specific reference to the	419
procedures available to the surviving spouse under section 2106.03	420
of the Revised Code and to the presumption that arises if the	421
surviving spouse does not make the election in accordance with	422
division (E) of section 2106.01 of the Revised Code. The	423
description of the general rights of the surviving spouse under	424
Chapter 2106. of the Revised Code shall include a specific	425
reference to the presumption that arises if the surviving spouse	426
does not makeexercise the electionrights under Chapter 2106. of	427
the Revised Code within the time period specified by section	428
2106.25 of the Revised Code. The description of the effect of the	429
election and of the general rights of the surviving spouse need	430
not relate to the nature of any particular estate.	431

(C) A surviving spouse electing to take under the will may	432
manifest the election in writing within the times described in	433
division (E) of section 2106.01 of the Revised Code.	434

Sec. 2107.19.  (A)(1) Subject to divisions (A)(2) and (B) of	435
this section, when a will has been admitted to probate, the	436
fiduciary for the estate or another person specified in division	437
(A)(4) of this section shall, within two weeks of the admission of	438
the will to probate, give a notice as described in this division	439
and in the manner provided by Civil Rule 73(E) to the surviving	440
spouse of the testator, to all persons who would be entitled to	441
inherit from the testator under Chapter 2105. of the Revised Code	442
if the testator had died intestate, and to all legatees and	443
devisees named in the will. The notice shall mention the probate	444
of the will and, if a particular person being given the notice is	445
a legatee or devisee named in the will, shall state that the	446
person is named in the will as beneficiary. A copy of the will	447
admitted to probate is not required to be given with the notice.	448

(2) A person entitled to be given the notice described in	449
division (A)(1) of this section may waive that right by filing a	450
written waiver of the right to receive the notice in the probate	451
court. The person may file the waiver of the right to receive the	452
notice at any time prior to or after the will has been admitted to	453
probate.	454

(3) The fact that the notice described in division (A)(1) of	455
this section has been given, subject to division (B) of this	456
section, to all persons described in division (A)(1) of this	457
section who have not waived their right to receive the notice,	458
and, if applicable, the fact that certain persons described in	459
that division have waived their right to receive the notice in	460
accordance with division (A)(2) of this section, shall be	461
evidenced by a certificate that shall be filed in the probate	462
court in accordance with division (A)(4) of this section.	463

(4) The notice of the admission of the will to probate	464
required by division (A)(1) of this section and the certificate of	465
giving notice or waiver of notice required by division (A)(3) of	466
this section shall be given or filed by the fiduciary for the	467
estate or by the applicant for the admission of the will to	468
probate, the applicant for a release from administration, any	469
other interested person, or the attorney for the fiduciary or for	470
any of the preceding persons. The certificate of giving notice	471
shall be filed not later than two months after the appointment of	472
the fiduciary or, if no fiduciary has been appointed, not later	473
than two months after the admission of the will to probate, unless	474
the court grants an extension of that time. Failure to file the	475
certificate in a timely manner shall subject the fiduciary or	476
applicant to the citation and penalty provisions of section	477
2109.31 of the Revised Code.	478

(B) The fiduciary or another person specified in division	479
(A)(4) of this section is not required to give a notice pursuant	480
to division (A)(1) of this section to persons who have been	481
notified of the application for probate of the will or of a	482
contest as to jurisdiction or to persons whose names or places of	483
residence are unknown and cannot with reasonable diligence be	484
ascertained, and a person authorized by division (A)(4) of this	485
section to give notice shall file in the probate court a	486
certificate to that effect.	487

Sec. 2108.50.  (A) AnSubject to section 2108.521 of the	488
Revised Code, an autopsy or post-mortem examination may be	489
performed upon the body of a deceased person by a licensed	490
physician or surgeon if consent has been given in the order named	491
by one of the following persons of sound mind and eighteen years	492
of age or older in a written instrument executed by the person or	493
on the person's behalf at the person's express direction:	494

(1) The deceased person during the deceased person's	495
lifetime;	496

(2) The decedent's spouse;

497

(3) If there is no surviving spouse, if the address of the	498
surviving spouse is unknown or outside the United States, if the	499
surviving spouse is physically or mentally unable or incapable of	500
giving consent, or if the deceased person was separated and living	501
apart from such surviving spouse, then a person having the first	502
named degree of relationship in the following list in which a	503
relative of the deceased person survives and is physically and	504
mentally able and capable of giving consent may execute consent:	505

(a) Children;

506

(b) Parents;

507

(c) Brothers or sisters.

508

(4) If there are no surviving persons of any degree of	509
relationship listed in division (A)(3) of this section, any other	510
relative or person who assumes custody of the body for burial.;	511

(5) A person authorized by written instrument executed by the	512
deceased person to make arrangements for burial.;	513

(6) A person who, at the time of death of the deceased	514
person, was serving as guardian of the person for the deceased	515
person.	516

(B) Consent to an autopsy or post-mortem examination given	517
under this section may be revoked only by the person executing the	518
consent and in the same manner as required for execution of	519
consent under this section.	520

(C) As used in this section, "written instrument" includes a	521
telegram or cablegram.	522

Sec. 2108.521.  (A) If a mentally retarded person or a	523
developmentally disabled person dies, if the department of mental	524
retardation and developmental disabilities or a county board of	525
mental retardation and developmental disabilities has a good faith	526
reason to believe that the deceased person's death occurred under	527
suspicious circumstances, if the coroner was apprised of the	528
circumstances of the death, and if the coroner after being so	529
apprised of the circumstances declines to conduct an autopsy, the	530
department or the board may file a petition in a court of common	531
pleas seeking an order authorizing an autopsy or post-mortem	532
examination under this section.	533

(B) Upon the filing of a petition under division (A) of this	534
section, the court may conduct, but is not required to conduct, a	535
hearing on the petition. The court may determine whether to grant	536
the petition without a hearing. The department or board, and all	537
other interested parties, may submit information and statements to	538
the court that are relevant to the petition, and, if the court	539
conducts a hearing, may present evidence and testimony at the	540
hearing. The court shall order the requested autopsy or	541
post-mortem examination if it finds that, under the circumstances,	542
the department or board has demonstrated a need for the autopsy or	543
post-mortem examination. The court shall order an autopsy or	544
post-mortem examination in the circumstances specified in this	545
division regardless of whether any consent has been given, or has	546
been given and withdrawn, under section 2108.50 of the Revised	547
Code, and regardless of whether any information was presented to	548
the coroner pursuant to section 313.131 of the Revised Code or to	549
the court under this section regarding an autopsy being contrary	550
to the deceased person's religious beliefs.	551

(C) An autopsy or post-mortem examination ordered under this	552
section may be performed upon the body of the deceased person by a	553
licensed physician or surgeon. The court may identify in the order	554
the person who is to perform the autopsy or post-mortem	555
examination. If an autopsy or post-mortem examination is ordered	556
under this section, the department or board that requested the	557
autopsy or examination shall pay the physician or surgeon who	558
performs the autopsy or examination for costs and expenses	559
incurred in performing the autopsy or examination.	560

Sec. 2109.301.  (A) An administrator or executor shall render	561
an account at any time other than a time otherwise mentioned in	562
this section upon an order of the probate court issued for good	563
cause shown either at its own instance or upon the motion of any	564
person interested in the estate. Except as otherwise provided in	565
division (B)(2) of this section, an administrator or executor	566
shall render a final account within thirty days after completing	567
the administration of the estate or within any other period of	568
time that the court may order.	569

Every account shall include an itemized statement of all	570
receipts of the administrator or executor during the accounting	571
period and of all disbursements and distributions made by the	572
executor or administrator during the accounting period. In	573
addition, the account shall include an itemized statement of all	574
funds, assets, and investments of the estate known to or in the	575
possession of the administrator or executor at the end of the	576
accounting period and shall show any changes in investments since	577
the last previous account.	578

Every account shall be upon the signature of the	579
administrator or executor. When two or more administrators or	580
executors render an account, the court may allow the account upon	581
the signature of one of them. The court may examine the	582
administrator or executor under oath concerning the account.	583

When an administrator or executor is authorized by law or by	584
the instrument governing distribution to distribute the assets of	585
the estate, in whole or in part, the administrator or executor may	586
do so and include a report of the distribution in the	587
administrator's or executor's succeeding account.	588

In estates of decedents in which none of the legatees,	589
devisees, or heirs is under a legal disability, each partial	590
accounting of an executor or administrator may be waived by the	591
written consent of all the legatees, devisees, or heirs filed in	592
lieu of a partial accounting otherwise required.	593

(B)(1) Every administrator and executor, within six months	594
after appointment, shall render a final and distributive account	595
of the administrator's or executor's administration of the estate	596
unless one or more of the following circumstances apply:	597

(a) An Ohio estate tax return must be filed for the estate.

598

(b) A proceeding contesting the validity of the decedent's	599
will pursuant to section 2107.71 of the Revised Code has been	600
commenced.	601

(c) The surviving spouse has filed an election to take	602
against the will.	603

(d) The administrator or executor is a party in a civil	604
action.	605

(e) The estate is insolvent.

606

(f) For other reasons set forth by the administrator or	607
executor, subject to court approval, it would be detrimental to	608
the estate and its beneficiaries or heirs to file a final and	609
distributive account.	610

(2) In estates of decedents in which the sole legatee,	611
devisee, or heir is also the administrator or executor of the	612
estate, no partial accountings are required, and the. The	613
administrator or executor of an estate of that type shall not file	614
a final account or final and distributive account. Inor, in lieu	615
of filing a final account, the administrator or executor of an	616
estate of that type shall be discharged by filingmay file with	617
the court within thirty days after completing the administration	618
of the estate a certificate of termination of an estate that	619
states all of the following:	620

(a) All debts and claims presented to the estate have been	621
paid in full or settled finally.	622

(b) An estate tax return, if required under the provisions of	623
the Internal Revenue Code or Chapter 5731. of the Revised Code,	624
has been filed, and any estate tax has been paid.	625

(c) All attorney's fees have been waived by or paid to	626
counsel of record of the estate, and all executor or administrator	627
fees have been waived or paid.	628

(d) The amount of attorney's fees and the amount of	629
administrator or executor fees that have been paid.	630

(e) All assets remaining after completion of the activities	631
described in divisions (B)(2)(a) to (d) of this section have been	632
distributed to the sole legatee, devisee, or heir.	633

(3) In an estate of the type described in division (B)(2) of	634
this section, a sole legatee, devisee, or heir of a decedent may	635
be liable to creditors for debts of and claims against the estate	636
that are presented after the filing of the certificate of	637
termination described in that division and within the time allowed	638
by section 2117.06 of the Revised Code for presentation of the	639
creditors' claims.	640

(4) Not later than thirteen months after appointment, every	641
administrator and executor shall render an account of the	642
administrator's or executor's administration, unless a certificate	643
of termination is filed under division (B)(2) of this section.	644
Except as provided in divisions (B)(1) and (2) of this section,	645
after the initial account is rendered, every administrator and	646
executor shall render further accounts at least once each year.	647

Sec. 2109.32.  (A) Every fiduciary's account required by	648
section 2109.301, 2109.302, or 2109.303 of the Revised Code shall	649
be set for hearing before the probate court. The hearing on the	650
account shall be set not earlier than thirty days after the filing	651
of the account.	652

At the hearing upon an account required by section 2109.302	653
or 2109.303 of the Revised Code and, if ordered by the court, upon	654
an account required by section 2109.301 of the Revised Code, the	655
court shall inquire into, consider, and determine all matters	656
relative to the account and the manner in which the fiduciary has	657
executed the fiduciary's trust, including the investment of trust	658
funds, and may order the account approved and settled or make any	659
other order as the court considers proper. If, at the hearing upon	660
an account, the court finds that the fiduciary has fully and	661
lawfully administered the estate or trust and has distributed the	662
assets of the estate or trust in accordance with the law or the	663
instrument governing distribution, as shown in the account, the	664
court shall order the account approved and settled and may order	665
the fiduciary discharged. Upon approval of a final and	666
distributive account required by division (B)(1) of section	667
2109.301 of the Revised Code, the court may order the surety bond	668
for the fiduciary terminated. Unless otherwise ordered by the	669
court, the fiduciary shall be discharged without further order	670
twelve months following the approval of the final and distributive	671
account.	672

(B)(1) An administrator or executor filing an account	673
pursuant to section 2109.301 of the Revised Code shall provide at	674
the time of filing the account a copy of the account to each heir	675
of an intestate estate or to each beneficiary of a testate estate.	676
An administrator or executor is not required to provide a copy of	677
the account to any of the following:	678

(a) An heir or a beneficiary whose residence is unknown;

679

(b) A beneficiary of a specific bequest or devise who has	680
received his or her distribution and for which a receipt has been	681
filed or exhibited with the court.	682

(2) An administrator or executor filing an account pursuant	683
to section 2109.301 of the Revised Code shall file with the	684
probate court a certificate of service of account prior to or	685
simultaneously with the filing of the account.	686

(3) The probate court shall not approve the final account of	687
any executor or administrator until the following events have	688
occurred:	689

(a) Three months have passed since the death of the decedent.

690

(b) The surviving spouse has filed an election to take under	691
or against the will, or the time for making the election has	692
expired.	693

(3)(4) If an administrator or executor learns of the	694
existence of newly discovered assets after the filing of the final	695
account or otherwise comes into possession of assets belonging to	696
the estate after the filing of the final account, the executor or	697
administrator shall file a supplemental final account with respect	698
to the disposition of the assets and shall provide a copy of the	699
supplemental final account to each heir of an intestate estate or	700
to each beneficiary of a testate estate, as provided in division	701
(B)(1) of this section and subject to the exceptions specified in	702
divisions (B)(1)(a) and (b) of this section.	703

(C) The rights of any person with a pecuniary interest in the	704
estate are not barred by approval of an account pursuant to	705
divisions (A) and (B) of this section. These rights may be barred	706
following a hearing on the account pursuant to section 2109.33 of	707
the Revised Code.	708

Sec. 2113.53.  (A) At any time after the appointment of an	709
executor or administrator, the executor or administrator may	710
distribute to the beneficiaries entitled to assets of the estate	711
under the will, if there is no action pending to set aside the	712
will, or to the heirs entitled to assets of the estate by law, in	713
cash or in kind, any part or all of the assets of the estate. Each	714
beneficiary or heir is liable to return the assets, or the	715
proceeds from the assets,to the estate if they are necessary to	716
satisfy the share of a surviving spouse who elects to take against	717
the will pursuant to section 2106.01 of the Revised Code, if they	718
are necessary to satisfy any claims against the estate as provided	719
in this section, or if the will is set aside.	720

(B) After distribution pursuant to division (A) of this	721
section, a distributee shall be personally liable to a claimant	722
who presents a valid claim within the time set forth in division	723
(B) of section 2117.06 of the Revised Code, subject to the	724
limitations described in this division.	725

If presentation of a claim is made pursuant to division	726
(A)(2) of section 2117.06 of the Revised Code, only those	727
distributees who have received timely presentation of the claim	728
pursuant to division (B) of that section have any liability for	729
the claim, subject to the limitations described in this division.	730

The personal liability of any distributee shall not exceed	731
the lesser of the following:	732

(1) The amount the distributee has received reduced by the	733
amount, if any, previously returned or otherwise used for the	734
payment of the spouse's share or claims finally allowed;	735

(2) The distributee's proportionate share of the spouse's	736
share or of claims finally allowed. Any distributee's	737
proportionate share of the spouse's share or of claims finally	738
allowed shall be determined by the following fraction:	739

(a) The numerator shall be the total amount received by the	740
distributee, reduced by all amounts, if any, previously returned	741
or otherwise used for the payment of the spouse's share or claims	742
finally allowed.	743

(b) The denominator shall be the total amount received by all	744
distributees reduced by all amounts, if any, previously returned	745
or otherwise used for the payment of the spouse's share or claims	746
finally allowed.	747

(C) If there is a surviving spouse and if the executor or	748
administrator distributes any part of the assets of the estate	749
before the expiration of the times described in division (E) of	750
section 2106.01 of the Revised Code for the making of an election	751
by a surviving spouse, the executor or administrator shall be	752
personally liable to any surviving spouse who subsequently elects	753
to take against the will. If the executor or administrator	754
distributes any part of the assets of the estate within three	755
months after the death of the decedent, the executor or	756
administrator shall be personally liable only to those claimants	757
who present their claims within that three-month period. If the	758
executor or administrator distributes any part of the assets of	759
the estate more than three months but less than one year after the	760
death of the decedent, the executor or administrator shall be	761
personally liable only to those claimants who present their claims	762
before the time of distribution and within the time set forth in	763
division (B) of section 2117.06 of the Revised Code.	764

The executor or administrator shall be liable only to the	765
extent that the sum of the remaining assets of the estate and the	766
assets returned by the beneficiaries or heirs is insufficient to	767
satisfy the share of the surviving spouse and to satisfy the	768
claims against the estate. The executor or administrator shall not	769
be liable in any case for an amount greater than the value of the	770
estate that existed at the time that the distribution of assets	771
was made and that was subject to the spouse's share or to the	772
claims.	773

(D) The executor or administrator may provide for the payment	774
of rejected claims or claims in suit by setting aside a sufficient	775
amount of the assets of the estate for paying the claims. The	776
assets shall be set aside for the payment of the claims in a	777
manner approved by the probate court. Each claimant for whom	778
assets are to be set aside shall be given notice, in the manner as	779
the court shall order, of the hearing upon the application to set	780
aside assets and shall have the right to be fully heard as to the	781
nature and amount of the assets to be set aside for payment of	782
the claim and as to all other conditions in connection with the	783
claim. In any case in which the executor or administrator may set	784
aside assets as provided in this section, the court, upon its own	785
motion or upon application of the executor or administrator, as a	786
condition precedent to any distribution, may require any	787
beneficiary or heir to give a bond to the state with surety	788
approved and in an amount fixed by the court, conditioned to	789
secure the return of the assets to be distributed, or the proceeds	790
from the assets or as much of the assets as may be necessary to	791
satisfy the claims that may be recovered against the estate, and	792
to indemnify the executor or administrator against loss and damage	793
on account of such distribution. The bond may be in addition to	794
the assets to be set aside or partially or wholly in lieu of the	795
assets, as the court shall determine.	796

Sec. 2117.06.  (A) All creditors having claims against an	797
estate, including claims arising out of contract, out of tort, on	798
cognovit notes, or on judgments, whether due or not due, secured	799
or unsecured, liquidated or unliquidated, shall present their	800
claims in one of the following manners:	801

(1) After the appointment of an executor or administrator and	802
prior to the filing of a final account or a certificate of	803
termination, in one of the following manners:	804

(a) To the executor or administrator in a writing;

805

(2)(b) To the executor or administrator in a writing, and to	806
the probate court by filing a copy of the writing with it;	807

(3)(c) In a writing that is sent by ordinary mail addressed	808
to the decedent and that is actually received by the executor or	809
administrator within the appropriate time specified in division	810
(B) of this section. For purposes of this division, if an executor	811
or administrator is not a natural person, the writing shall be	812
considered as being actually received by the executor or	813
administrator only if the person charged with the primary	814
responsibility of administering the estate of the decedent	815
actually receives the writing within the appropriate time	816
specified in division (B) of this section.	817

(2) If the final account or certificate of termination has	818
been filed, in a writing to those distributees of the decedent's	819
estate who may share liability for the payment of the claim.	820

(B) All claims shall be presented within one yearsix months	821
after the death of the decedent, whether or not the estate is	822
released from administration or an executor or administrator is	823
appointed during that one-yearsix-month period. Every claim	824
presented shall set forth the claimant's address.	825

(C) A claim that is not presented within one yearsix months	826
after the death of the decedent shall be forever barred as to all	827
parties, including, but not limited to, devisees, legatees, and	828
distributees. No payment shall be made on the claim and no action	829
shall be maintained on the claim, except as otherwise provided in	830
sections 2117.37 to 2117.42 of the Revised Code with reference to	831
contingent claims.	832

(D) In the absence of any prior demand for allowance, the	833
executor or administrator shall allow or reject all claims, except	834
tax assessment claims, within thirty days after their	835
presentation, provided that failure of the executor or	836
administrator to allow or reject within that time shall not	837
prevent the executor or administrator from doing so after that	838
time and shall not prejudice the rights of any claimant. Upon the	839
allowance of a claim, the executor or the administrator, on demand	840
of the creditor, shall furnish the creditor with a written	841
statement or memorandum of the fact and date of the allowance.	842

(E) If the executor or administrator has actual knowledge of	843
a pending action commenced against the decedent prior to the	844
decedent's death in a court of record in this state, the executor	845
or administrator shall file a notice of the appointment of the	846
executor or administrator in the pending action within ten days	847
after acquiring that knowledge. If the administrator or executor	848
is not a natural person, actual knowledge of a pending suit	849
against the decedent shall be limited to the actual knowledge of	850
the person charged with the primary responsibility of	851
administering the estate of the decedent. Failure to file the	852
notice within the ten-day period does not extend the claim period	853
established by this section.	854

(F) This section applies to any person who is required to	855
give written notice to the executor or administrator of a motion	856
or application to revive an action pending against the decedent at	857
the date of the death of the decedent.	858

(G) Nothing in this section or in section 2117.07 of the	859
Revised Code shall be construed to reduce the time mentioned in	860
section 2125.02, 2305.09, 2305.10, 2305.11, 2305.113, or 2305.12	861
of the Revised Code, provided that no portion of any recovery on a	862
claim brought pursuant to any of those sections shall come from	863
the assets of an estate unless the claim has been presented	864
against the estate in accordance with Chapter 2117. of the Revised	865
Code.	866

(H) Any person whose claim has been presented and has not	867
been rejected after presentment is a creditor as that term is used	868
in Chapters 2113. to 2125. of the Revised Code. Claims that are	869
contingent need not be presented except as provided in sections	870
2117.37 to 2117.42 of the Revised Code, but, whether presented	871
pursuant to those sections or this section, contingent claims may	872
be presented in any of the manners described in division (A) of	873
this section.	874

(I) If a creditor presents a claim against an estate in	875
accordance with division (A)(2)(1)(b) of this section, the probate	876
court shall not close the administration of the estate until that	877
claim is allowed or rejected.	878

(J) The probate court shall not require an executor or	879
administrator to make and return into the court a schedule of	880
claims against the estate.	881

(K) If the executor or administrator makes a distribution of	882
the assets of the estate pursuant to section 2113.53 of the	883
Revised Code and prior to the expiration of the time for the	884
filingpresentation of claims as set forth in this section, the	885
executor or administrator shall provide notice on the account	886
delivered to each distributee that the distributee may be liable	887
to the estate if a claim is presented prior to the filing of the	888
final account and may be liable to the claimant if the claim is	889
presented after the filing of the final account up to the value of	890
the distribution and may be required to return all or any part of	891
the value of the distribution if a valid claim is subsequently	892
made against the estate within the time permitted under this	893
section.	894

Sec. 2117.07.  An executor or administrator may accelerate	895
the bar against claims against the estate established by section	896
2117.06 of the Revised Code by giving written notice to a	897
potential claimant that identifies the decedent by name, states	898
the date of the death of the decedent, identifies the executor or	899
administrator by name and mailing address, and informs the	900
potential claimant that any claims hethe claimant may have	901
against the estate are required to be presented to the executor or	902
administrator in a writing within the earlier of thirty days after	903
receipt of the notice by the potential claimant or one yearsix	904
months after the date of the death of the decedent. A claim of	905
that potential claimant that is not presented in the manner	906
provided by section 2117.06 of the Revised Code within the earlier	907
of thirty days after receipt of the notice by the potential	908
claimant or one yearsix months after the date of the death of the	909
decedent is barred by section 2117.06 of the Revised Code in the	910
same manner as if it was not presented within one yearsix months	911
after the date of the death of the decedent.	912

Sec. 2117.11.  An executor or administrator, or a distributee	913
who receives the presentation of a claim as provided in division	914
(A)(2) of section 2117.06 of the Revised Code, shall reject a	915
creditor's claim against the estate he represents by giving the	916
claimant written notice of the disallowance thereofof the claim.	917
SuchThe notice shall be given to the claimant personally or by	918
registered mail with return receipt requested, addressed to the	919
claimant at the address given on the claimpursuant to Civil Rule	920
73. Notice by mail shall be effective on delivery of the mail at	921
the address given. A claim may be rejected in whole or in part. A	922
claim whichthat has been allowed may be rejected at any time	923
thereafterafter allowance of the claim.	924

A claim is rejected if the executor or administrator, or a	925
distributee who receives the presentation of a claim as provided	926
in division (A)(2) of section 2117.06 of the Revised Code, on	927
demand in writing by the claimant for an allowance thereofof the	928
claim within five days, which demand may be made at presentation	929
or at any time thereafterafter presentation, fails to give to the	930
claimant, within suchthat five-day period, a written statement of	931
the allowance of suchthe claim. SuchThe rejection shall become	932
effective at the expiration of suchthat period.	933

Sec. 2117.12.  When a claim against an estate has been	934
rejected in whole or in part but not referred to referees, or when	935
a claim has been allowed in whole or in part and thereafter	936
rejected, the claimant must commence an action on the claim, or	937
that part thereofof the claim that was rejected, within two	938
months after suchthe rejection if the debt or that part thereof	939
of the debt that was rejected is then due, or within two months	940
after the samethat debt or part of the debt that was rejected	941
becomes due, or be forever barred from maintaining an action	942
thereonon the claim or part of the claim that was rejected. If	943
the executor or administrator dies, resigns, or is removed within	944
such two months'that two-month period and before action is	945
commenced thereonon the claim or part of the claim that was	946
rejected, the action may be commenced within two months after the	947
appointment of a successor.	948

For the purposes of this section, the action of a claimant is	949
commenced when the petitioncomplaint and praecipe for service of	950
summons on the executor or administrator, or on the distributee	951
who received the presentation of the claim as provided in division	952
(A)(2) of section 2117.06 of the Revised Code, have been filed.	953

Sec. 2151.421.  (A)(1)(a) No person described in division	954
(A)(1)(b) of this section who is acting in an official or	955
professional capacity and knows or suspects that a child under	956
eighteen years of age or a mentally retarded, developmentally	957
disabled, or physically impaired child under twenty-one years of	958
age has suffered or faces a threat of suffering any physical or	959
mental wound, injury, disability, or condition of a nature that	960
reasonably indicates abuse or neglect of the child, shall fail to	961
immediately report that knowledge or suspicion to the entity or	962
persons specified in this division. Except as provided in section	963
5120.173 of the Revised Code, the person making the report shall	964
make it to the public children services agency or a municipal or	965
county peace officer in the county in which the child resides or	966
in which the abuse or neglect is occurring or has occurred. In the	967
circumstances described in section 5120.173 of the Revised Code,	968
the person making the report shall make it to the entity specified	969
in that section.	970

(b) Division (A)(1)(a) of this section applies to any person	971
who is an attorney; physician, including a hospital intern or	972
resident; dentist; podiatrist; practitioner of a limited branch of	973
medicine as specified in section 4731.15 of the Revised Code;	974
registered nurse; licensed practical nurse; visiting nurse; other	975
health care professional; licensed psychologist; licensed school	976
psychologist; independent marriage and family therapist or	977
marriage and family therapist; speech pathologist or audiologist;	978
coroner; administrator or employee of a child day-care center;	979
administrator or employee of a residential camp or child day camp;	980
administrator or employee of a certified child care agency or	981
other public or private children services agency; school teacher;	982
school employee; school authority; person engaged in social work	983
or the practice of professional counseling; agent of a county	984
humane society; or a person rendering spiritual treatment through	985
prayer in accordance with the tenets of a well-recognized	986
religion; superintendent, board member, or employee of a county	987
board of mental retardation; investigative agent contracted with	988
by a county board of mental retardation; or employee of the	989
department of mental retardation and developmental disabilities.	990

(2) An attorney or a physician is not required to make a	991
report pursuant to division (A)(1) of this section concerning any	992
communication the attorney or physician receives from a client or	993
patient in an attorney-client or physician-patient relationship,	994
if, in accordance with division (A) or (B) of section 2317.02 of	995
the Revised Code, the attorney or physician could not testify with	996
respect to that communication in a civil or criminal proceeding,	997
except that the client or patient is deemed to have waived any	998
testimonial privilege under division (A) or (B) of section 2317.02	999
of the Revised Code with respect to that communication and the	1000
attorney or physician shall make a report pursuant to division	1001
(A)(1) of this section with respect to that communication, if all	1002
of the following apply:	1003

(a) The client or patient, at the time of the communication,	1004
is either a child under eighteen years of age or a mentally	1005
retarded, developmentally disabled, or physically impaired person	1006
under twenty-one years of age.	1007

(b) The attorney or physician knows or suspects, as a result	1008
of the communication or any observations made during that	1009
communication, that the client or patient has suffered or faces a	1010
threat of suffering any physical or mental wound, injury,	1011
disability, or condition of a nature that reasonably indicates	1012
abuse or neglect of the client or patient.	1013

(c) The attorney-client or physician-patient relationship	1014
does not arise out of the client's or patient's attempt to have an	1015
abortion without the notification of her parents, guardian, or	1016
custodian in accordance with section 2151.85 of the Revised Code.	1017

(B) Anyone, who knows or suspects that a child under eighteen	1018
years of age or a mentally retarded, developmentally disabled, or	1019
physically impaired person under twenty-one years of age has	1020
suffered or faces a threat of suffering any physical or mental	1021
wound, injury, disability, or other condition of a nature that	1022
reasonably indicates abuse or neglect of the child may report or	1023
cause reports to be made of that knowledge or suspicion to the	1024
entity or persons specified in this division. Except as provided	1025
in section 5120.173 of the Revised Code, a person making a report	1026
or causing a report to be made under this division shall make it	1027
or cause it to be made to the public children services agency or	1028
to a municipal or county peace officer. In the circumstances	1029
described in section 5120.173 of the Revised Code, a person making	1030
a report or causing a report to be made under this division shall	1031
make it or cause it to be made to the entity specified in that	1032
section.	1033

(C) Any report made pursuant to division (A) or (B) of this	1034
section shall be made forthwith either by telephone or in person	1035
and shall be followed by a written report, if requested by the	1036
receiving agency or officer. The written report shall contain:	1037

(1) The names and addresses of the child and the child's	1038
parents or the person or persons having custody of the child, if	1039
known;	1040

(2) The child's age and the nature and extent of the child's	1041
known or suspected injuries, abuse, or neglect or of the known or	1042
suspected threat of injury, abuse, or neglect, including any	1043
evidence of previous injuries, abuse, or neglect;	1044

(3) Any other information that might be helpful in	1045
establishing the cause of the known or suspected injury, abuse, or	1046
neglect or of the known or suspected threat of injury, abuse, or	1047
neglect.	1048

Any person, who is required by division (A) of this section	1049
to report known or suspected child abuse or child neglect, may	1050
take or cause to be taken color photographs of areas of trauma	1051
visible on a child and, if medically indicated, cause to be	1052
performed radiological examinations of the child.	1053

(D)(1) When a municipal or county peace officer receives a	1054
report concerning the possible abuse or neglect of a child or the	1055
possible threat of abuse or neglect of a child, upon receipt of	1056
the report, the municipal or county peace officer who receives the	1057
report shall refer the report to the appropriate public children	1058
services agency.	1059

(2) When a public children services agency receives a report	1060
pursuant to this division or division (A) or (B) of this section,	1061
upon receipt of the report, the public children services agency	1062
shall comply with section 2151.422 of the Revised Code.	1063

(E) No township, municipal, or county peace officer shall	1064
remove a child about whom a report is made pursuant to this	1065
section from the child's parents, stepparents, or guardian or any	1066
other persons having custody of the child without consultation	1067
with the public children services agency, unless, in the judgment	1068
of the officer, and, if the report was made by physician, the	1069
physician, immediate removal is considered essential to protect	1070
the child from further abuse or neglect. The agency that must be	1071
consulted shall be the agency conducting the investigation of the	1072
report as determined pursuant to section 2151.422 of the Revised	1073
Code.	1074

(F)(1) Except as provided in section 2151.422 of the Revised	1075
Code, the public children services agency shall investigate,	1076
within twenty-four hours, each report of known or suspected child	1077
abuse or child neglect and of a known or suspected threat of child	1078
abuse or child neglect that is referred to it under this section	1079
to determine the circumstances surrounding the injuries, abuse, or	1080
neglect or the threat of injury, abuse, or neglect, the cause of	1081
the injuries, abuse, neglect, or threat, and the person or persons	1082
responsible. The investigation shall be made in cooperation with	1083
the law enforcement agency and in accordance with the memorandum	1084
of understanding prepared under division (J) of this section. A	1085
failure to make the investigation in accordance with the	1086
memorandum is not grounds for, and shall not result in, the	1087
dismissal of any charges or complaint arising from the report or	1088
the suppression of any evidence obtained as a result of the report	1089
and does not give, and shall not be construed as giving, any	1090
rights or any grounds for appeal or post-conviction relief to any	1091
person. The public children services agency shall report each case	1092
to a central registry which the department of job and family	1093
services shall maintain in order to determine whether prior	1094
reports have been made in other counties concerning the child or	1095
other principals in the case. The public children services agency	1096
shall submit a report of its investigation, in writing, to the law	1097
enforcement agency.	1098

(2) The public children services agency shall make any	1099
recommendations to the county prosecuting attorney or city	1100
director of law that it considers necessary to protect any	1101
children that are brought to its attention.	1102

(G)(1)(a) Except as provided in division (H)(3) of this	1103
section, anyone or any hospital, institution, school, health	1104
department, or agency participating in the making of reports under	1105
division (A) of this section, anyone or any hospital, institution,	1106
school, health department, or agency participating in good faith	1107
in the making of reports under division (B) of this section, and	1108
anyone participating in good faith in a judicial proceeding	1109
resulting from the reports, shall be immune from any civil or	1110
criminal liability for injury, death, or loss to person or	1111
property that otherwise might be incurred or imposed as a result	1112
of the making of the reports or the participation in the judicial	1113
proceeding.	1114

(b) Notwithstanding section 4731.22 of the Revised Code, the	1115
physician-patient privilege shall not be a ground for excluding	1116
evidence regarding a child's injuries, abuse, or neglect, or the	1117
cause of the injuries, abuse, or neglect in any judicial	1118
proceeding resulting from a report submitted pursuant to this	1119
section.	1120

(2) In any civil or criminal action or proceeding in which it	1121
is alleged and proved that participation in the making of a report	1122
under this section was not in good faith or participation in a	1123
judicial proceeding resulting from a report made under this	1124
section was not in good faith, the court shall award the	1125
prevailing party reasonable attorney's fees and costs and, if a	1126
civil action or proceeding is voluntarily dismissed, may award	1127
reasonable attorney's fees and costs to the party against whom the	1128
civil action or proceeding is brought.	1129

(H)(1) Except as provided in divisions (H)(4), (M), and (N)	1130
of this section, a report made under this section is confidential.	1131
The information provided in a report made pursuant to this section	1132
and the name of the person who made the report shall not be	1133
released for use, and shall not be used, as evidence in any civil	1134
action or proceeding brought against the person who made the	1135
report. In a criminal proceeding, the report is admissible in	1136
evidence in accordance with the Rules of Evidence and is subject	1137
to discovery in accordance with the Rules of Criminal Procedure.	1138

(2) No person shall permit or encourage the unauthorized	1139
dissemination of the contents of any report made under this	1140
section.	1141

(3) A person who knowingly makes or causes another person to	1142
make a false report under division (B) of this section that	1143
alleges that any person has committed an act or omission that	1144
resulted in a child being an abused child or a neglected child is	1145
guilty of a violation of section 2921.14 of the Revised Code.	1146

(4) If a report is made pursuant to division (A) or (B) of	1147
this section and the child who is the subject of the report dies	1148
for any reason at any time after the report is made, but before	1149
the child attains eighteen years of age, the public children	1150
services agency or municipal or county peace officer to which the	1151
report was made or referred, on the request of the child fatality	1152
review board, shall submit a summary sheet of information	1153
providing a summary of the report to the review board of the	1154
county in which the deceased child resided at the time of death.	1155
On the request of the review board, the agency or peace officer	1156
may, at its discretion, make the report available to the review	1157
board.	1158

(5) A public children services agency shall advise a person	1159
alleged to have inflicted abuse or neglect on a child who is the	1160
subject of a report made pursuant to this section in writing of	1161
the disposition of the investigation. The agency shall not provide	1162
to the person any information that identifies the person who made	1163
the report, statements of witnesses, or police or other	1164
investigative reports.	1165

(I) Any report that is required by this section, other than a	1166
report that is made to the state highway patrol as described in	1167
section 5120.173 of the Revised Code, shall result in protective	1168
services and emergency supportive services being made available by	1169
the public children services agency on behalf of the children	1170
about whom the report is made, in an effort to prevent further	1171
neglect or abuse, to enhance their welfare, and, whenever	1172
possible, to preserve the family unit intact. The agency required	1173
to provide the services shall be the agency conducting the	1174
investigation of the report pursuant to section 2151.422 of the	1175
Revised Code.	1176

(J)(1) Each public children services agency shall prepare a	1177
memorandum of understanding that is signed by all of the	1178
following:	1179

(a) If there is only one juvenile judge in the county, the	1180
juvenile judge of the county or the juvenile judge's	1181
representative;	1182

(b) If there is more than one juvenile judge in the county, a	1183
juvenile judge or the juvenile judges' representative selected by	1184
the juvenile judges or, if they are unable to do so for any	1185
reason, the juvenile judge who is senior in point of service or	1186
the senior juvenile judge's representative;	1187

(c) The county peace officer;

1188

(d) All chief municipal peace officers within the county;

1189

(e) Other law enforcement officers handling child abuse and	1190
neglect cases in the county;	1191

(f) The prosecuting attorney of the county;

1192

(g) If the public children services agency is not the county	1193
department of job and family services, the county department of	1194
job and family services;	1195

(h) The county humane society.

1196

(2) A memorandum of understanding shall set forth the normal	1197
operating procedure to be employed by all concerned officials in	1198
the execution of their respective responsibilities under this	1199
section and division (C) of section 2919.21, division (B)(1) of	1200
section 2919.22, division (B) of section 2919.23, and section	1201
2919.24 of the Revised Code and shall have as two of its primary	1202
goals the elimination of all unnecessary interviews of children	1203
who are the subject of reports made pursuant to division (A) or	1204
(B) of this section and, when feasible, providing for only one	1205
interview of a child who is the subject of any report made	1206
pursuant to division (A) or (B) of this section. A failure to	1207
follow the procedure set forth in the memorandum by the concerned	1208
officials is not grounds for, and shall not result in, the	1209
dismissal of any charges or complaint arising from any reported	1210
case of abuse or neglect or the suppression of any evidence	1211
obtained as a result of any reported child abuse or child neglect	1212
and does not give, and shall not be construed as giving, any	1213
rights or any grounds for appeal or post-conviction relief to any	1214
person.	1215

(3) A memorandum of understanding shall include all of the	1216
following:	1217

(a) The roles and responsibilities for handling emergency and	1218
nonemergency cases of abuse and neglect;	1219

(b) Standards and procedures to be used in handling and	1220
coordinating investigations of reported cases of child abuse and	1221
reported cases of child neglect, methods to be used in	1222
interviewing the child who is the subject of the report and who	1223
allegedly was abused or neglected, and standards and procedures	1224
addressing the categories of persons who may interview the child	1225
who is the subject of the report and who allegedly was abused or	1226
neglected.	1227

(K)(1) Except as provided in division (K)(4) of this section,	1228
a person who is required to make a report pursuant to division (A)	1229
of this section may make a reasonable number of requests of the	1230
public children services agency that receives or is referred the	1231
report to be provided with the following information:	1232

(a) Whether the agency has initiated an investigation of the	1233
report;	1234

(b) Whether the agency is continuing to investigate the	1235
report;	1236

(c) Whether the agency is otherwise involved with the child	1237
who is the subject of the report;	1238

(d) The general status of the health and safety of the child	1239
who is the subject of the report;	1240

(e) Whether the report has resulted in the filing of a	1241
complaint in juvenile court or of criminal charges in another	1242
court.	1243

(2) A person may request the information specified in	1244
division (K)(1) of this section only if, at the time the report is	1245
made, the person's name, address, and telephone number are	1246
provided to the person who receives the report.	1247

When a municipal or county peace officer or employee of a	1248
public children services agency receives a report pursuant to	1249
division (A) or (B) of this section the recipient of the report	1250
shall inform the person of the right to request the information	1251
described in division (K)(1) of this section. The recipient of the	1252
report shall include in the initial child abuse or child neglect	1253
report that the person making the report was so informed and, if	1254
provided at the time of the making of the report, shall include	1255
the person's name, address, and telephone number in the report.	1256

Each request is subject to verification of the identity of	1257
the person making the report. If that person's identity is	1258
verified, the agency shall provide the person with the information	1259
described in division (K)(1) of this section a reasonable number	1260
of times, except that the agency shall not disclose any	1261
confidential information regarding the child who is the subject of	1262
the report other than the information described in those	1263
divisions.	1264

(3) A request made pursuant to division (K)(1) of this	1265
section is not a substitute for any report required to be made	1266
pursuant to division (A) of this section.	1267

(4) If an agency other than the agency that received or was	1268
referred the report is conducting the investigation of the report	1269
pursuant to section 2151.422 of the Revised Code, the agency	1270
conducting the investigation shall comply with the requirements of	1271
division (K) of this section.	1272

(L) The director of job and family services shall adopt rules	1273
in accordance with Chapter 119. of the Revised Code to implement	1274
this section. The department of job and family services may enter	1275
into a plan of cooperation with any other governmental entity to	1276
aid in ensuring that children are protected from abuse and	1277
neglect. The department shall make recommendations to the attorney	1278
general that the department determines are necessary to protect	1279
children from child abuse and child neglect.	1280

(M) No later than the end of the day following the day on	1281
which a public children services agency receives a report of	1282
alleged child abuse or child neglect, or a report of an alleged	1283
threat of child abuse or child neglect, that allegedly occurred in	1284
or involved an out-of-home care entity, the agency shall provide	1285
written notice of the allegations contained in and the person	1286
named as the alleged perpetrator in the report to the	1287
administrator, director, or other chief administrative officer of	1288
the out-of-home care entity that is the subject of the report	1289
unless the administrator, director, or other chief administrative	1290
officer is named as an alleged perpetrator in the report. If the	1291
administrator, director, or other chief administrative officer of	1292
an out-of-home care entity is named as an alleged perpetrator in a	1293
report of alleged child abuse or child neglect, or a report of an	1294
alleged threat of child abuse or child neglect, that allegedly	1295
occurred in or involved the out-of-home care entity, the agency	1296
shall provide the written notice to the owner or governing board	1297
of the out-of-home care entity that is the subject of the report.	1298
The agency shall not provide witness statements or police or other	1299
investigative reports.	1300

(N) No later than three days after the day on which a public	1301
children services agency that conducted the investigation as	1302
determined pursuant to section 2151.422 of the Revised Code makes	1303
a disposition of an investigation involving a report of alleged	1304
child abuse or child neglect, or a report of an alleged threat of	1305
child abuse or child neglect, that allegedly occurred in or	1306
involved an out-of-home care entity, the agency shall send written	1307
notice of the disposition of the investigation to the	1308
administrator, director, or other chief administrative officer and	1309
the owner or governing board of the out-of-home care entity. The	1310
agency shall not provide witness statements or police or other	1311
investigative reports.	1312

Sec. 2152.821. (A) As used in this section:

1313

(1) "Mentally retarded person" and "developmentally disabled	1314
person" have the same meanings as in section 5123.01 of the	1315
Revised Code.	1316

(2) "Mentally retarded or developmentally disabled victim"	1317
includes any of the following persons:	1318

(a) A mentally retarded person or developmentally disabled	1319
person who was a victim of a violation identified in division	1320
(B)(1) of this section or an act that would be an offense of	1321
violence if committed by an adult;	1322

(b) A mentally retarded person or developmentally disabled	1323
person against whom was directed any conduct that constitutes, or	1324
that is an element of, a violation identified in division (B)(1)	1325
of this section or an act that would be an offense of violence if	1326
committed by an adult.	1327

(B)(1) In any proceeding in juvenile court involving a	1328
complaint, indictment, or information in which a child is charged	1329
with a violation of section 2903.16, 2903.34, 2903.341, 2907.02,	1330
2907.03, 2907.05, 2907.21, 2907.23, 2907.24, 2907.32, 2907.321,	1331
2907.322, or 2907.323 of the Revised Code or an act that would be	1332
an offense of violence if committed by an adult and in which an	1333
alleged victim of the violation or act was a mentally retarded	1334
person or developmentally disabled person, the juvenile judge,	1335
upon motion of the prosecution, shall order that the testimony of	1336
the mentally retarded or developmentally disabled victim be taken	1337
by deposition. The prosecution also may request that the	1338
deposition be videotaped in accordance with division (B)(2) of	1339
this section. The judge shall notify the mentally retarded or	1340
developmentally disabled victim whose deposition is to be taken,	1341
the prosecution, and the attorney for the child who is charged	1342
with the violation or act of the date, time, and place for taking	1343
the deposition. The notice shall identify the mentally retarded or	1344
developmentally disabled victim who is to be examined and shall	1345
indicate whether a request that the deposition be videotaped has	1346
been made. The child who is charged with the violation or act	1347
shall have the right to attend the deposition and the right to be	1348
represented by counsel. Depositions shall be taken in the manner	1349
provided in civil cases, except that the judge in the proceeding	1350
shall preside at the taking of the deposition and shall rule at	1351
that time on any objections of the prosecution or the attorney for	1352
the child charged with the violation or act. The prosecution and	1353
the attorney for the child charged with the violation or act shall	1354
have the right, as at an adjudication hearing, to full examination	1355
and cross-examination of the mentally retarded or developmentally	1356
disabled victim whose deposition is to be taken.	1357

If a deposition taken under this division is intended to be	1358
offered as evidence in the proceeding, it shall be filed in the	1359
juvenile court in which the action is pending and is admissible in	1360
the manner described in division (C) of this section. If a	1361
deposition of a mentally retarded or developmentally disabled	1362
victim taken under this division is admitted as evidence at the	1363
proceeding under division (C) of this section, the mentally	1364
retarded or developmentally disabled victim shall not be required	1365
to testify in person at the proceeding.	1366

At any time before the conclusion of the proceeding, the	1367
attorney for the child charged with the violation or act may file	1368
a motion with the judge requesting that another deposition of the	1369
mentally retarded or developmentally disabled victim be taken	1370
because new evidence material to the defense of the child charged	1371
has been discovered that the attorney for the child charged could	1372
not with reasonable diligence have discovered prior to the taking	1373
of the admitted deposition. Any motion requesting another	1374
deposition shall be accompanied by supporting affidavits. Upon the	1375
filing of the motion and affidavits, the court may order that	1376
additional testimony of the mentally retarded or developmentally	1377
disabled victim relative to the new evidence be taken by another	1378
deposition. If the court orders the taking of another deposition	1379
under this provision, the deposition shall be taken in accordance	1380
with this division. If the admitted deposition was a videotaped	1381
deposition taken in accordance with division (B)(2) of this	1382
section, the new deposition also shall be videotaped in accordance	1383
with that division. In other cases, the new deposition may be	1384
videotaped in accordance with that division.	1385

(2) If the prosecution requests that a deposition to be taken	1386
under division (B)(1) of this section be videotaped, the juvenile	1387
judge shall order that the deposition be videotaped in accordance	1388
with this division. If a juvenile judge issues an order to video	1389
tape the deposition, the judge shall exclude from the room in	1390
which the deposition is to be taken every person except the	1391
mentally retarded or developmentally disabled victim giving the	1392
testimony, the judge, one or more interpreters if needed, the	1393
attorneys for the prosecution and the child who is charged with	1394
the violation or act, any person needed to operate the equipment	1395
to be used, one person chosen by the mentally retarded or	1396
developmentally disabled victim giving the deposition, and any	1397
person whose presence the judge determines would contribute to the	1398
welfare and well-being of the mentally retarded or developmentally	1399
disabled victim giving the deposition. The person chosen by the	1400
mentally retarded or developmentally disabled victim shall not be	1401
a witness in the proceeding and, both before and during the	1402
deposition, shall not discuss the testimony of the victim with any	1403
other witness in the proceeding. To the extent feasible, any	1404
person operating the recording equipment shall be restricted to a	1405
room adjacent to the room in which the deposition is being taken,	1406
or to a location in the room in which the deposition is being	1407
taken that is behind a screen or mirror so that the person	1408
operating the recording equipment can see and hear, but cannot be	1409
seen or heard by, the mentally retarded or developmentally	1410
disabled victim giving the deposition during the deposition.	1411

The child who is charged with the violation or act shall be	1412
permitted to observe and hear the testimony of the mentally	1413
retarded or developmentally disabled victim giving the deposition	1414
on a monitor, shall be provided with an electronic means of	1415
immediate communication with the attorney of the child who is	1416
charged with the violation or act during the testimony, and shall	1417
be restricted to a location from which the child who is charged	1418
with the violation or act cannot be seen or heard by the mentally	1419
retarded or developmentally disabled victim giving the deposition,	1420
except on a monitor provided for that purpose. The mentally	1421
retarded or developmentally disabled victim giving the deposition	1422
shall be provided with a monitor on which the mentally retarded or	1423
developmentally disabled victim can observe, while giving	1424
testimony, the child who is charged with the violation or act. The	1425
judge, at the judge's discretion, may preside at the deposition by	1426
electronic means from outside the room in which the deposition is	1427
to be taken; if the judge presides by electronic means, the judge	1428
shall be provided with monitors on which the judge can see each	1429
person in the room in which the deposition is to be taken and with	1430
an electronic means of communication with each person in that	1431
room, and each person in the room shall be provided with a monitor	1432
on which that person can see the judge and with an electronic	1433
means of communication with the judge. A deposition that is	1434
videotaped under this division shall be taken and filed in the	1435
manner described in division (B)(1) of this section and is	1436
admissible in the manner described in this division and division	1437
(C) of this section. If a deposition that is videotaped under this	1438
division is admitted as evidence at the proceeding, the mentally	1439
retarded or developmentally disabled victim shall not be required	1440
to testify in person at the proceeding. No deposition videotaped	1441
under this division shall be admitted as evidence at any	1442
proceeding unless division (C) of this section is satisfied	1443
relative to the deposition and all of the following apply relative	1444
to the recording:	1445

(a) The recording is both aural and visual and is recorded on	1446
film or videotape, or by other electronic means.	1447

(b) The recording is authenticated under the Rules of	1448
Evidence and the Rules of Criminal Procedure as a fair and	1449
accurate representation of what occurred, and the recording is not	1450
altered other than at the direction and under the supervision of	1451
the judge in the proceeding.	1452

(c) Each voice on the recording that is material to the	1453
testimony on the recording or the making of the recording, as	1454
determined by the judge, is identified.	1455

(d) Both the prosecution and the child who is charged with	1456
the violation or act are afforded an opportunity to view the	1457
recording before it is shown in the proceeding.	1458

(C)(1) At any proceeding in relation to which a deposition	1459
was taken under division (B) of this section, the deposition or a	1460
part of it is admissible in evidence upon motion of the	1461
prosecution if the testimony in the deposition or the part to be	1462
admitted is not excluded by the hearsay rule and if the deposition	1463
or the part to be admitted otherwise is admissible under the Rules	1464
of Evidence. For purposes of this division, testimony is not	1465
excluded by the hearsay rule if the testimony is not hearsay under	1466
Evidence Rule 801; the testimony is within an exception to the	1467
hearsay rule set forth in Evidence Rule 803; the mentally retarded	1468
or developmentally disabled victim who gave the testimony is	1469
unavailable as a witness, as defined in Evidence Rule 804, and the	1470
testimony is admissible under that rule; or both of the following	1471
apply:	1472

(a) The child who is charged with the violation or act had an	1473
opportunity and similar motive at the time of the taking of the	1474
deposition to develop the testimony by direct, cross, or redirect	1475
examination.	1476

(b) The judge determines that there is reasonable cause to	1477
believe that, if the mentally retarded or developmentally disabled	1478
victim who gave the testimony in the deposition were to testify in	1479
person at the proceeding, the mentally retarded or developmentally	1480
disabled victim would experience serious emotional trauma as a	1481
result of the mentally retarded or developmentally disabled	1482
victim's participation at the proceeding.	1483

(2) Objections to receiving in evidence a deposition or a	1484
part of it under division (C) of this section shall be made as	1485
provided in civil actions.	1486

(3) The provisions of divisions (B) and (C) of this section	1487
are in addition to any other provisions of the Revised Code, the	1488
Rules of Juvenile Procedure, the Rules of Criminal Procedure, or	1489
the Rules of Evidence that pertain to the taking or admission of	1490
depositions in a juvenile court proceeding and do not limit the	1491
admissibility under any of those other provisions of any	1492
deposition taken under division (B) of this section or otherwise	1493
taken.	1494

(D) In any proceeding in juvenile court involving a	1495
complaint, indictment, or information in which a child is charged	1496
with a violation listed in division (B)(1) of this section or an	1497
act that would be an offense of violence if committed by an adult	1498
and in which an alleged victim of the violation or offense was a	1499
mentally retarded or developmentally disabled person, the	1500
prosecution may file a motion with the juvenile judge requesting	1501
the judge to order the testimony of the mentally retarded or	1502
developmentally disabled victim to be taken in a room other than	1503
the room in which the proceeding is being conducted and be	1504
televised, by closed circuit equipment, into the room in which the	1505
proceeding is being conducted to be viewed by the child who is	1506
charged with the violation or act and any other persons who are	1507
not permitted in the room in which the testimony is to be taken	1508
but who would have been present during the testimony of the	1509
mentally retarded or developmentally disabled victim had it been	1510
given in the room in which the proceeding is being conducted.	1511
Except for good cause shown, the prosecution shall file a motion	1512
under this division at least seven days before the date of the	1513
proceeding. The juvenile judge may issue the order upon the motion	1514
of the prosecution filed under this division, if the judge	1515
determines that the mentally retarded or developmentally disabled	1516
victim is unavailable to testify in the room in which the	1517
proceeding is being conducted in the physical presence of the	1518
child charged with the violation or act for one or more of the	1519
reasons set forth in division (F) of this section. If a juvenile	1520
judge issues an order of that nature, the judge shall exclude from	1521
the room in which the testimony is to be taken every person except	1522
a person described in division (B)(2) of this section. The judge,	1523
at the judge's discretion, may preside during the giving of the	1524
testimony by electronic means from outside the room in which it is	1525
being given, subject to the limitations set forth in division	1526
(B)(2) of this section. To the extent feasible, any person	1527
operating the televising equipment shall be hidden from the sight	1528
and hearing of the mentally retarded or developmentally disabled	1529
victim giving the testimony, in a manner similar to that described	1530
in division (B)(2) of this section. The child who is charged with	1531
the violation or act shall be permitted to observe and hear the	1532
testimony of the mentally retarded or developmentally disabled	1533
victim giving the testimony on a monitor, shall be provided with	1534
an electronic means of immediate communication with the attorney	1535
of the child who is charged with the violation or act during the	1536
testimony, and shall be restricted to a location from which the	1537
child who is charged with the violation or act cannot be seen or	1538
heard by the mentally retarded or developmentally disabled victim	1539
giving the testimony, except on a monitor provided for that	1540
purpose. The mentally retarded or developmentally disabled victim	1541
giving the testimony shall be provided with a monitor on which the	1542
mentally retarded or developmentally disabled victim can observe,	1543
while giving testimony, the child who is charged with the	1544
violation or act.	1545

(E) In any proceeding in juvenile court involving a	1546
complaint, indictment, or information in which a child is charged	1547
with a violation listed in division (B)(1) of this section or an	1548
act that would be an offense of violence if committed by an adult	1549
and in which an alleged victim of the violation or offense was a	1550
mentally retarded or developmentally disabled person, the	1551
prosecution may file a motion with the juvenile judge requesting	1552
the judge to order the testimony of the mentally retarded or	1553
developmentally disabled victim to be taken outside of the room in	1554
which the proceeding is being conducted and be recorded for	1555
showing in the room in which the proceeding is being conducted	1556
before the judge, the child who is charged with the violation or	1557
act, and any other persons who would have been present during the	1558
testimony of the mentally retarded or developmentally disabled	1559
victim had it been given in the room in which the proceeding is	1560
being conducted. Except for good cause shown, the prosecution	1561
shall file a motion under this division at least seven days before	1562
the date of the proceeding. The juvenile judge may issue the order	1563
upon the motion of the prosecution filed under this division, if	1564
the judge determines that the mentally retarded or developmentally	1565
disabled victim is unavailable to testify in the room in which the	1566
proceeding is being conducted in the physical presence of the	1567
child charged with the violation or act, due to one or more of the	1568
reasons set forth in division (F) of this section. If a juvenile	1569
judge issues an order of that nature, the judge shall exclude from	1570
the room in which the testimony is to be taken every person except	1571
a person described in division (B)(2) of this section. To the	1572
extent feasible, any person operating the recording equipment	1573
shall be hidden from the sight and hearing of the mentally	1574
retarded or developmentally disabled victim giving the testimony,	1575
in a manner similar to that described in division (B)(2) of this	1576
section. The child who is charged with the violation or act shall	1577
be permitted to observe and hear the testimony of the mentally	1578
retarded or developmentally disabled victim giving the testimony	1579
on a monitor, shall be provided with an electronic means of	1580
immediate communication with the attorney of the child who is	1581
charged with the violation or act during the testimony, and shall	1582
be restricted to a location from which the child who is charged	1583
with the violation or act cannot be seen or heard by the mentally	1584
retarded or developmentally disabled victim giving the testimony,	1585
except on a monitor provided for that purpose. The mentally	1586
retarded or developmentally disabled victim giving the testimony	1587
shall be provided with a monitor on which the mentally retarded or	1588
developmentally disabled victim can observe, while giving	1589
testimony, the child who is charged with the violation or act. No	1590
order for the taking of testimony by recording shall be issued	1591
under this division unless the provisions set forth in divisions	1592
(B)(2)(a), (b), (c), and (d) of this section apply to the	1593
recording of the testimony.	1594

(F) For purposes of divisions (D) and (E) of this section, a	1595
juvenile judge may order the testimony of a mentally retarded or	1596
developmentally disabled victim to be taken outside of the room in	1597
which a proceeding is being conducted if the judge determines that	1598
the mentally retarded or developmentally disabled victim is	1599
unavailable to testify in the room in the physical presence of the	1600
child charged with the violation or act due to one or more of the	1601
following circumstances:	1602

(1) The persistent refusal of the mentally retarded or	1603
developmentally disabled victim to testify despite judicial	1604
requests to do so;	1605

(2) The inability of the mentally retarded or developmentally	1606
disabled victim to communicate about the alleged violation or	1607
offense because of extreme fear, failure of memory, or another	1608
similar reason;	1609

(3) The substantial likelihood that the mentally retarded or	1610
developmentally disabled victim will suffer serious emotional	1611
trauma from so testifying.	1612

(G)(1) If a juvenile judge issues an order pursuant to	1613
division (D) or (E) of this section that requires the testimony of	1614
a mentally retarded or developmentally disabled victim in a	1615
juvenile court proceeding to be taken outside of the room in which	1616
the proceeding is being conducted, the order shall specifically	1617
identify the mentally retarded or developmentally disabled victim	1618
to whose testimony it applies, the order applies only during the	1619
testimony of the specified mentally retarded or developmentally	1620
disabled victim, and the mentally retarded or developmentally	1621
disabled victim giving the testimony shall not be required to	1622
testify at the proceeding other than in accordance with the order.	1623
The authority of a judge to close the taking of a deposition under	1624
division (B)(2) of this section or a proceeding under division (D)	1625
or (E) of this section is in addition to the authority of a judge	1626
to close a hearing pursuant to section 2151.35 of the Revised	1627
Code.	1628

(2) A juvenile judge who makes any determination regarding	1629
the admissibility of a deposition under divisions (B) and (C) of	1630
this section, the videotaping of a deposition under division	1631
(B)(2) of this section, or the taking of testimony outside of the	1632
room in which a proceeding is being conducted under division (D)	1633
or (E) of this section shall enter the determination and findings	1634
on the record in the proceeding.	1635

Sec. 2311.14.  (A)(1) Whenever because of a hearing, speech,	1636
or other impairment a party to or witness in a legal proceeding	1637
cannot readily understand or communicate, the court shall appoint	1638
a qualified interpreter to assist such person. Before appointing	1639
any interpreter under this division for a party or witness who is	1640
a mentally retarded person or developmentally disabled person, the	1641
court shall evaluate the qualifications of the interpreter and	1642
shall make a determination as to the ability of the interpreter to	1643
effectively interpret on behalf of the party or witness that the	1644
interpreter will assist, and the court may appoint the interpreter	1645
only if the court is satisfied that the interpreter is able to	1646
effectively interpret on behalf of that party or witness.	1647

(2) This section is not limited to a person who speaks a	1648
language other than English. It also applies to the language and	1649
descriptions of any mentally retarded person or developmentally	1650
disabled person who cannot be reasonably understood, or who cannot	1651
understand questioning, without the aid of an interpreter. The	1652
interpreter may aid the parties in formulating methods of	1653
questioning the person with mental retardation or a developmental	1654
disability and in interpreting the answers of the person.	1655

(B) Before entering upon hisofficial duties, the interpreter	1656
shall take an oath that hethe interpreter will make a true	1657
interpretation of the proceedings to the party or witness, and	1658
that hethe interpreter will truly repeat the statements made by	1659
such party or witness to the court, to the best of histhe	1660
interpreter's ability. If the interpreter is appointed to assist a	1661
mentally retarded person or developmentally disabled person as	1662
described in division (A)(2) of this section, the oath also shall	1663
include an oath that the interpreter will not prompt, lead,	1664
suggest, or otherwise improperly influence the testimony of the	1665
witness or party.	1666

(C) The court shall determine a reasonable fee for all such	1667
interpreter service which shall be paid out of the same funds as	1668
witness fees.	1669

(D) As used in this section, "mentally retarded person" and	1670
"developmentally disabled person" have the same meanings as in	1671
section 5123.01 of the Revised Code.	1672

Sec. 2903.341. (A) As used in this section:

1673

(1) "MR/DD caretaker" means any MR/DD employee or any person	1674
who assumes the duty to provide for the care and protection of a	1675
mentally retarded person or a developmentally disabled person on a	1676
voluntary basis, by contract, through receipt of payment for care	1677
and protection, as a result of a family relationship, or by order	1678
of a court of competent jurisdiction. "MR/DD caretaker" includes a	1679
person who is an employee of a care facility and a person who is	1680
an employee of an entity under contract with a provider. "MR/DD	1681
caretaker" does not include a person who owns, operates, or	1682
administers a care facility or who is an agent of a care facility	1683
unless that person also personally provides care to persons with	1684
mental retardation or a developmental disability.	1685

(2) "Mentally retarded person" and "developmentally disabled	1686
person" have the same meanings as in section 5123.01 of the	1687
Revised Code.	1688

(3) "MR/DD employee" has the same meaning as in section	1689
5123.50 of the Revised Code.	1690

(B) No MR/DD caretaker shall create a substantial risk to the	1691
health or safety of a mentally retarded person or a	1692
developmentally disabled person. An MR/DD caretaker does not	1693
create a substantial risk to the health or safety of a mentally	1694
retarded person or a developmentally disabled person under this	1695
division when the MR/DD caretaker treats a physical or mental	1696
illness or defect of the mentally retarded person or	1697
developmentally disabled person by spiritual means through prayer	1698
alone, in accordance with the tenets of a recognized religious	1699
body.	1700

(C) No person who owns, operates, or administers a care	1701
facility or who is an agent of a care facility shall condone, or	1702
knowingly permit, any conduct by an MR/DD caretaker who is	1703
employed by or under the control of the owner, operator,	1704
administrator, or agent that is in violation of division (B) of	1705
this section and that involves a mentally retarded person or a	1706
developmentally disabled person who is under the care of the	1707
owner, operator, administrator, or agent. A person who relies upon	1708
treatment by spiritual means through prayer alone, in accordance	1709
with the tenets of a recognized religious denomination, shall not	1710
be considered endangered under this division for that reason	1711
alone.	1712

(D)(1) It is an affirmative defense to a charge of a	1713
violation of division (B) or (C) of this section that the actor's	1714
conduct was committed in good faith solely because the actor was	1715
ordered to commit the conduct by a person to whom one of the	1716
following applies:	1717

(a) The person has supervisory authority over the actor.

1718

(b) The person has authority over the actor's conduct	1719
pursuant to a contract for the provision of services.	1720

(2) It is an affirmative defense to a charge of a violation	1721
of division (C) of this section that the person who owns,	1722
operates, or administers a care facility or who is an agent of a	1723
care facility and who is charged with the violation is following	1724
the individual service plan for the involved mentally retarded	1725
person or a developmentally disabled person or that the admission,	1726
discharge, and transfer rule set forth in the Administrative Code	1727
is being followed.	1728

(3) It is an affirmative defense to a charge of a violation	1729
of division (C) of this section that the actor did not have	1730
readily available a means to prevent either the harm to the person	1731
with mental retardation or a developmental disability or the death	1732
of such a person and the actor took reasonable steps to summon	1733
aid.	1734

(E)(1) Except as provided in division (E)(2) or (E)(3) of	1735
this section, whoever violates division (B) or (C) of this section	1736
is guilty of patient endangerment, a misdemeanor of the first	1737
degree.	1738

(2) If the offender previously has been convicted of, or	1739
pleaded guilty to, a violation of this section, patient	1740
endangerment is a felony of the fourth degree.	1741

(3) If the violation results in serious physical harm to the	1742
person with mental retardation or a developmental disability,	1743
patient endangerment is a felony of the third degree.	1744

Sec. 2930.03.  (A) A person or entity required or authorized	1745
under this chapter to give notice to a victim shall give the	1746
notice to the victim by any means reasonably calculated to provide	1747
prompt actual notice. Except when a provision requires that notice	1748
is to be given in a specific manner, a notice may be oral or	1749
written.	1750

(B) Except for receipt of the initial information and notice	1751
required to be given to a victim under divisions (A) and (B) of	1752
section 2930.04, section 2930.05, and divisions (A) and (B) of	1753
section 2930.06 of the Revised Code, a victim who wishes to	1754
receive any notice authorized by this chapter shall make a request	1755
for the notice to the prosecutor or the custodial agency that is	1756
to provide the notice, as specified in this chapter. If the victim	1757
does not make a request as described in this division, the	1758
prosecutor or custodial agency is not required to provide any	1759
notice described in this chapter other than the initial	1760
information and notice required to be given to a victim under	1761
divisions (A) and (B) of section 2930.04, section 2930.05, and	1762
divisions (A) and (B) of section 2930.06 of the Revised Code.	1763

(C) A person or agency that is required to furnish notice	1764
under this chapter shall give the notice to the victim at the	1765
address or telephone number provided to the person or agency by	1766
the victim. A victim who requests to receive notice under this	1767
chapter as described in division (B) of this section shall inform	1768
the person or agency of the name, address, or telephone number of	1769
the victim and of any change to that information.	1770

(D) A person or agency that has furnished information to a	1771
victim in accordance with any requirement or authorization under	1772
this chapter shall notify the victim promptly of any significant	1773
changes to that information.	1774

(E) Divisions (A) to (D) of this section do not apply	1775
regarding a notice that a prosecutor is required to provide under	1776
section 2930.061 of the Revised Code. A prosecutor required to	1777
provide notice under that section shall provide the notice as	1778
specified in that section.	1779

Sec. 2930.061.  (A) If a person is charged in a complaint,	1780
indictment, or information with any crime or specified delinquent	1781
act or with any other violation of law, and if the case involves a	1782
victim that the prosecutor in the case knows is a mentally	1783
retarded person or a developmentally disabled person, in addition	1784
to any other notices required under this chapter or under any	1785
other provision of law, the prosecutor in the case shall send	1786
written notice of the charges to the department of mental	1787
retardation and developmental disabilities. The written notice	1788
shall specifically identify the person so charged.	1789

(B) As used in this section, "mentally retarded person" and	1790
"developmentally disabled person" have the same meanings as in	1791
section 5123.01 of the Revised Code.	1792

Sec. 2945.482. (A) As used in this section:

1793

(1) "Mentally retarded person" and "developmentally disabled	1794
person" have the same meanings as in section 5123.01 of the	1795
Revised Code.	1796

(2) "Mentally retarded or developmentally disabled victim"	1797
includes a mentally retarded or developmentally disabled person	1798
who was a victim of a violation identified in division (B)(1) of	1799
this section or an offense of violence or against whom was	1800
directed any conduct that constitutes, or that is an element of, a	1801
violation identified in division (B)(1) of this section or an	1802
offense of violence.	1803

(B)(1) In any proceeding in the prosecution of a charge of a	1804
violation of section 2903.16, 2903.34, 2903.341, 2905.03, 2907.02,	1805
2907.03, 2907.05, 2907.06, 2907.09, 2907.21, 2907.23, 2907.24,	1806
2907.32, 2907.321, 2907.322, or 2907.323 of the Revised Code or an	1807
offense of violence and in which an alleged victim of the	1808
violation or offense was a mentally retarded or developmentally	1809
disabled person, the judge of the court in which the prosecution	1810
is being conducted, upon motion of an attorney for the	1811
prosecution, shall order that the testimony of the mentally	1812
retarded or developmentally disabled victim be taken by	1813
deposition. The prosecution also may request that the deposition	1814
be videotaped in accordance with division (B)(2) of this section.	1815
The judge shall notify the mentally retarded or developmentally	1816
disabled victim whose deposition is to be taken, the prosecution,	1817
and the defense of the date, time, and place for taking the	1818
deposition. The notice shall identify the mentally retarded or	1819
developmentally disabled victim who is to be examined and shall	1820
indicate whether a request that the deposition be videotaped has	1821
been made. The defendant shall have the right to attend the	1822
deposition and the right to be represented by counsel. Depositions	1823
shall be taken in the manner provided in civil cases, except that	1824
the judge shall preside at the taking of the deposition and shall	1825
rule at the time on any objections of the prosecution or the	1826
attorney for the defense. The prosecution and the attorney for the	1827
defense shall have the right, as at trial, to full examination and	1828
cross-examination of the mentally retarded or developmentally	1829
disabled victim whose deposition is to be taken. If a deposition	1830
taken under this division is intended to be offered as evidence in	1831
the proceeding, it shall be filed in the court in which the action	1832
is pending and is admissible in the manner described in division	1833
(C) of this section.	1834

If a deposition of a mentally retarded or developmentally	1835
disabled victim taken under this division is admitted as evidence	1836
at the proceeding under division (C) of this section, the mentally	1837
retarded or developmentally disabled victim shall not be required	1838
to testify in person at the proceeding.	1839

At any time before the conclusion of the proceeding, the	1840
attorney for the defense may file a motion with the judge	1841
requesting that another deposition of the mentally retarded or	1842
developmentally disabled victim be taken because new evidence	1843
material to the defense has been discovered that the attorney for	1844
the defense could not with reasonable diligence have discovered	1845
prior to the taking of the admitted deposition. If the court	1846
orders the taking of another deposition under this provision, the	1847
deposition shall be taken in accordance with this division. If the	1848
admitted deposition was a videotaped deposition taken in	1849
accordance with division (B)(2) of this section, the new	1850
deposition shall be videotaped in accordance with that division.	1851
In other cases, the new deposition may be videotaped in accordance	1852
with that division.	1853

(2) If the prosecution requests that a deposition to be taken	1854
under division (B)(2) of this section be videotaped, the judge	1855
shall order that the deposition be videotaped in accordance with	1856
this division. If a judge issues an order that the deposition be	1857
videotaped, the judge shall exclude from the room in which the	1858
deposition is to be taken every person except the mentally	1859
retarded or developmentally disabled victim giving the testimony,	1860
the judge, one or more interpreters if needed, the attorneys for	1861
the prosecution and the defense, any person needed to operate the	1862
equipment to be used, one person chosen by the mentally retarded	1863
or developmentally disabled victim giving the deposition, and any	1864
person whose presence the judge determines would contribute to the	1865
welfare and well-being of the mentally retarded or developmentally	1866
disabled victim giving the deposition. The person chosen by the	1867
mentally retarded or developmentally disabled victim shall not be	1868
a witness in the proceeding and, both before and during the	1869
deposition, shall not discuss the testimony of the mentally	1870
retarded or developmentally disabled victim with any other witness	1871
in the proceeding. To the extent feasible, any person operating	1872
the recording equipment shall be restricted to a room adjacent to	1873
the room in which the deposition is being taken, or to a location	1874
in the room in which the deposition is being taken that is behind	1875
a screen or mirror, so that the person operating the recording	1876
equipment can see and hear, but cannot be seen or heard by, the	1877
mentally retarded or developmentally disabled victim giving the	1878
deposition during the deposition.	1879

The defendant shall be permitted to observe and hear the	1880
testimony of the mentally retarded or developmentally disabled	1881
victim giving the deposition on a monitor, shall be provided with	1882
an electronic means of immediate communication with the	1883
defendant's attorney during the testimony, and shall be restricted	1884
to a location from which the defendant cannot be seen or heard by	1885
the mentally retarded or developmentally disabled victim giving	1886
the deposition, except on a monitor provided for that purpose. The	1887
mentally retarded or developmentally disabled victim giving the	1888
deposition shall be provided with a monitor on which the victim	1889
can observe, during the testimony, the defendant. The judge, at	1890
the judge's discretion, may preside at the deposition by	1891
electronic means from outside the room in which the deposition is	1892
to be taken. If the judge presides by electronic means, the judge	1893
shall be provided with monitors on which the judge can see each	1894
person in the room in which the deposition is to be taken and with	1895
an electronic means of communication with each person, and each	1896
person in the room shall be provided with a monitor on which that	1897
person can see the judge and with an electronic means of	1898
communication with the judge. A deposition that is videotaped	1899
under this division shall be taken and filed in the manner	1900
described in division (B)(1) of this section and is admissible in	1901
the manner described in this division and division (C) of this	1902
section, and, if a deposition that is videotaped under this	1903
division is admitted as evidence at the proceeding, the mentally	1904
retarded or developmentally disabled victim shall not be required	1905
to testify in person at the proceeding. No deposition videotaped	1906
under this division shall be admitted as evidence at any	1907
proceeding unless division (C) of this section is satisfied	1908
relative to the deposition and all of the following apply relative	1909
to the recording:	1910

(a) The recording is both aural and visual and is recorded on	1911
film or videotape, or by other electronic means.	1912

(b) The recording is authenticated under the Rules of	1913
Evidence and the Rules of Criminal Procedure as a fair and	1914
accurate representation of what occurred, and the recording is not	1915
altered other than at the direction and under the supervision of	1916
the judge in the proceeding.	1917

(c) Each voice on the recording that is material to the	1918
testimony on the recording or the making of the recording, as	1919
determined by the judge, is identified.	1920

(d) Both the prosecution and the defendant are afforded an	1921
opportunity to view the recording before it is shown in the	1922
proceeding.	1923

(C)(1) At any proceeding in a prosecution in relation to	1924
which a deposition was taken under division (B) of this section,	1925
the deposition or a part of it is admissible in evidence upon	1926
motion of the prosecution if the testimony in the deposition or	1927
the part to be admitted is not excluded by the hearsay rule and if	1928
the deposition or the part to be admitted otherwise is admissible	1929
under the Rules of Evidence. For purposes of this division,	1930
testimony is not excluded by the hearsay rule if the testimony is	1931
not hearsay under Evidence Rule 801; the testimony is within an	1932
exception to the hearsay rule set forth in Evidence Rule 803; the	1933
mentally retarded or developmentally disabled victim who gave the	1934
testimony is unavailable as a witness, as defined in Evidence Rule	1935
804, and the testimony is admissible under that rule; or both of	1936
the following apply:	1937

(a) The defendant had an opportunity and similar motive at	1938
the time of the taking of the deposition to develop the testimony	1939
by direct, cross, or redirect examination.	1940

(b) The judge determines that there is reasonable cause to	1941
believe that, if the mentally retarded or developmentally disabled	1942
victim who gave the testimony in the deposition were to testify in	1943
person at the proceeding, the mentally retarded or developmentally	1944
disabled victim would experience serious emotional trauma as a	1945
result of the mentally retarded or developmentally disabled	1946
victim's participation at the proceeding.	1947

(2) Objections to receiving in evidence a deposition or a	1948
part of it under division (C) of this section shall be made as	1949
provided in civil actions.	1950

(3) The provisions of divisions (B) and (C) of this section	1951
are in addition to any other provisions of the Revised Code, the	1952
Rules of Criminal Procedure, or the Rules of Evidence that pertain	1953
to the taking or admission of depositions in a criminal proceeding	1954
and do not limit the admissibility under any of those other	1955
provisions of any deposition taken under division (B) of this	1956
section or otherwise taken.	1957

(D) In any proceeding in the prosecution of any charge of a	1958
violation listed in division (B)(1) of this section or an offense	1959
of violence and in which an alleged victim of the violation or	1960
offense was a mentally retarded or developmentally disabled	1961
person, the prosecution may file a motion with the judge	1962
requesting the judge to order the testimony of the mentally	1963
retarded or developmentally disabled victim to be taken in a room	1964
other than the room in which the proceeding is being conducted and	1965
be televised, by closed circuit equipment, into the room in which	1966
the proceeding is being conducted to be viewed by the jury, if	1967
applicable, the defendant, and any other persons who are not	1968
permitted in the room in which the testimony is to be taken but	1969
who would have been present during the testimony of the mentally	1970
retarded or developmentally disabled victim had it been given in	1971
the room in which the proceeding is being conducted. Except for	1972
good cause shown, the prosecution shall file a motion under this	1973
division at least seven days before the date of the proceeding.	1974
The judge may issue the order upon the motion of the prosecution	1975
filed under this section, if the judge determines that the	1976
mentally retarded or developmentally disabled victim is	1977
unavailable to testify in the room in which the proceeding is	1978
being conducted in the physical presence of the defendant for one	1979
or more of the reasons set forth in division (F) of this section.	1980
If a judge issues an order of that nature, the judge shall exclude	1981
from the room in which the testimony is to be taken every person	1982
except a person described in division (B)(2) of this section. The	1983
judge, at the judge's discretion, may preside during the giving of	1984
the testimony by electronic means from outside the room in which	1985
it is being given, subject to the limitations set forth in	1986
division (B)(2) of this section. To the extent feasible, any	1987
person operating the televising equipment shall be hidden from the	1988
sight and hearing of the mentally retarded or developmentally	1989
disabled victim giving the testimony, in a manner similar to that	1990
described in division (B)(2) of this section. The defendant shall	1991
be permitted to observe and hear the testimony of the mentally	1992
retarded or developmentally disabled victim giving the testimony	1993
on a monitor, shall be provided with an electronic means of	1994
immediate communication with the defendant's attorney during the	1995
testimony, and shall be restricted to a location from which the	1996
defendant cannot be seen or heard by the mentally retarded or	1997
developmentally disabled victim giving the testimony, except on a	1998
monitor provided for that purpose. The mentally retarded or	1999
developmentally disabled victim giving the testimony shall be	2000
provided with a monitor on which the mentally retarded or	2001
developmentally disabled victim can observe, during the testimony,	2002
the defendant.	2003

(E) In any proceeding in the prosecution of any charge of a	2004
violation listed in division (B)(1) of this section or an offense	2005
of violence and in which an alleged victim of the violation or	2006
offense was a mentally retarded or developmentally disabled	2007
victim, the prosecution may file a motion with the judge	2008
requesting the judge to order the testimony of the mentally	2009
retarded or developmentally disabled victim to be taken outside of	2010
the room in which the proceeding is being conducted and be	2011
recorded for showing in the room in which the proceeding is being	2012
conducted before the judge, the jury, if applicable, the	2013
defendant, and any other persons who would have been present	2014
during the testimony of the mentally retarded or developmentally	2015
disabled victim had it been given in the room in which the	2016
proceeding is being conducted. Except for good cause shown, the	2017
prosecution shall file a motion under this division at least seven	2018
days before the date of the proceeding. The judge may issue the	2019
order upon the motion of the prosecution filed under this	2020
division, if the judge determines that the mentally retarded or	2021
developmentally disabled victim is unavailable to testify in the	2022
room in which the proceeding is being conducted in the physical	2023
presence of the defendant, for one or more of the reasons set	2024
forth in division (F) of this section. If a judge issues an order	2025
of that nature, the judge shall exclude from the room in which the	2026
testimony is to be taken every person except a person described in	2027
division (B)(2) of this section. To the extent feasible, any	2028
person operating the recording equipment shall be hidden from the	2029
sight and hearing of the mentally retarded or developmentally	2030
disabled victim giving the testimony, in a manner similar to that	2031
described in division (B)(2) of this section. The defendant shall	2032
be permitted to observe and hear the testimony of the mentally	2033
retarded or developmentally disabled victim who is giving the	2034
testimony on a monitor, shall be provided with an electronic means	2035
of immediate communication with the defendant's attorney during	2036
the testimony, and shall be restricted to a location from which	2037
the defendant cannot be seen or heard by the mentally retarded or	2038
developmentally disabled victim giving the testimony, except on a	2039
monitor provided for that purpose. The mentally retarded or	2040
developmentally disabled victim giving the testimony shall be	2041
provided with a monitor on which the victim can observe, during	2042
the testimony, the defendant. No order for the taking of testimony	2043
by recording shall be issued under this division unless the	2044
provisions set forth in divisions (B)(2)(a), (b), (c), and (d) of	2045
this section apply to the recording of the testimony.	2046

(F) For purposes of divisions (D) and (E) of this section, a	2047
judge may order the testimony of a mentally retarded or	2048
developmentally disabled victim to be taken outside the room in	2049
which the proceeding is being conducted if the judge determines	2050
that the mentally retarded or developmentally disabled victim is	2051
unavailable to testify in the room in the physical presence of the	2052
defendant due to one or more of the following:	2053

(1) The persistent refusal of the mentally retarded or	2054
developmentally disabled victim to testify despite judicial	2055
requests to do so;	2056

(2) The inability of the mentally retarded or developmentally	2057
disabled victim to communicate about the alleged violation or	2058
offense because of extreme fear, failure of memory, or another	2059
similar reason;	2060

(3) The substantial likelihood that the mentally retarded or	2061
developmentally disabled victim will suffer serious emotional	2062
trauma from so testifying.	2063

(G)(1) If a judge issues an order pursuant to division (D) or	2064
(E) of this section that requires the testimony of a mentally	2065
retarded or developmentally disabled victim in a criminal	2066
proceeding to be taken outside of the room in which the proceeding	2067
is being conducted, the order shall specifically identify the	2068
mentally retarded or developmentally disabled victim to whose	2069
testimony it applies, the order applies only during the testimony	2070
of the specified mentally retarded or developmentally disabled	2071
victim, and the mentally retarded or developmentally disabled	2072
victim giving the testimony shall not be required to testify at	2073
the proceeding other than in accordance with the order.	2074

(2) A judge who makes any determination regarding the	2075
admissibility of a deposition under divisions (B) and (C) of this	2076
section, the videotaping of a deposition under division (B)(2) of	2077
this section, or the taking of testimony outside of the room in	2078
which a proceeding is being conducted under division (D) or (E) of	2079
this section shall enter the determination and findings on the	2080
record in the proceeding.	2081

Sec. 2945.491.  (A) As used in this section:

2082

(1) "Mentally retarded person" and "developmentally disabled	2083
person" have the same meanings as in section 5123.01 of the	2084
Revised Code.	2085

(2) "Mentally retarded or developmentally disabled victim"	2086
includes a mentally retarded or developmentally disabled person	2087
who was a victim of a felony violation identified in division	2088
(B)(1) of this section or a felony offense of violence or against	2089
whom was directed any conduct that constitutes, or that is an	2090
element of, a felony violation identified in division (B)(1) of	2091
this section or a felony offense of violence.	2092

(B)(1) At a trial on a charge of a felony violation of	2093
section 2903.16, 2903.34, 2903.341, 2907.02, 2907.03, 2907.05,	2094
2907.21, 2907.23, 2907.24, 2907.32, 2907.321, 2907.322, or	2095
2907.323 of the Revised Code or an offense of violence and in	2096
which an alleged victim of the violation or offense was a mentally	2097
retarded or developmentally disabled person, the court, upon	2098
motion of the prosecutor in the case, may admit videotaped	2099
preliminary hearing testimony of the mentally retarded or	2100
developmentally disabled victim as evidence at the trial, in lieu	2101
of the mentally retarded or developmentally disabled victim	2102
appearing as a witness and testifying at trial, if all of the	2103
following apply:	2104

(a) The videotape of the testimony was made at the	2105
preliminary hearing at which probable cause of the violation	2106
charged was found.	2107

(b) The videotape of the testimony was made in accordance	2108
with division (C) of section 2937.11 of the Revised Code.	2109

(c) The testimony in the videotape is not excluded by the	2110
hearsay rule and otherwise is admissible under the Rules of	2111
Evidence. For purposes of this division, testimony is not excluded	2112
by the hearsay rule if the testimony is not hearsay under Evidence	2113
Rule 801, the testimony is within an exception to the hearsay rule	2114
set forth in Evidence Rule 803, the mentally retarded or	2115
developmentally disabled victim who gave the testimony is	2116
unavailable as a witness, as defined in Evidence Rule 804, and the	2117
testimony is admissible under that rule, or both of the following	2118
apply:	2119

(i) The accused had an opportunity and similar motive at the	2120
preliminary hearing to develop the testimony of the mentally	2121
retarded or developmentally disabled victim by direct, cross, or	2122
redirect examination.	2123

(ii) The court determines that there is reasonable cause to	2124
believe that if the mentally retarded or developmentally disabled	2125
victim who gave the testimony at the preliminary hearing were to	2126
testify in person at the trial, the mentally retarded or	2127
developmentally disabled victim would experience serious emotional	2128
trauma as a result of the victim's participation at the trial.	2129

(2) If a mentally retarded or developmentally disabled victim	2130
of an alleged felony violation of section 2903.16, 2903.34,	2131
2903.341, 2907.02, 2907.03, 2907.05, 2907.21, 2907.23, 2907.24,	2132
2907.32, 2907.321, 2907.322, or 2907.323 of the Revised Code or an	2133
alleged felony offense of violence testifies at the preliminary	2134
hearing in the case, if the testimony of the mentally retarded or	2135
developmentally disabled victim at the preliminary hearing was	2136
videotaped pursuant to division (C) of section 2937.11 of the	2137
Revised Code, and if the defendant in the case files a written	2138
objection to the use, pursuant to division (B)(1) of this section,	2139
of the videotaped testimony at the trial, the court, immediately	2140
after the filing of the objection, shall hold a hearing to	2141
determine whether the videotaped testimony of the mentally	2142
retarded or developmentally disabled victim should be admissible	2143
at trial under division (B)(1) of this section and, if it is	2144
admissible, whether the mentally retarded or developmentally	2145
disabled victim should be required to provide limited additional	2146
testimony of the type described in this division. At the hearing	2147
held pursuant to this division, the defendant and the prosecutor	2148
in the case may present any evidence that is relevant to the	2149
issues to be determined at the hearing, but the mentally retarded	2150
or developmentally disabled victim shall not be required to	2151
testify at the hearing.	2152

After the hearing, the court shall not require the mentally	2153
retarded or developmentally disabled victim to testify at the	2154
trial, unless it determines that both of the following apply:	2155

(a) That the testimony of the mentally retarded or	2156
developmentally disabled victim at trial is necessary for one or	2157
more of the following reasons:	2158

(i) Evidence that was not available at the time of the	2159
testimony of the mentally retarded or developmentally disabled	2160
victim at the preliminary hearing has been discovered.	2161

(ii) The circumstances surrounding the case have changed	2162
sufficiently to necessitate that the mentally retarded or	2163
developmentally disabled victim testify at the trial.	2164

(b) That the testimony of the mentally retarded or	2165
developmentally disabled victim at the trial is necessary to	2166
protect the right of the defendant to a fair trial.	2167

The court shall enter its finding and the reasons for it in	2168
the journal. If the court requires the mentally retarded or	2169
developmentally disabled victim to testify at the trial, the	2170
testimony of the victim shall be limited to the new evidence and	2171
changed circumstances, and the mentally retarded or	2172
developmentally disabled victim shall not otherwise be required to	2173
testify at the trial. The required testimony of the mentally	2174
retarded or developmentally disabled victim may be given in person	2175
or, upon motion of the prosecution, may be taken by deposition in	2176
accordance with division (B) of section 2945.482 of the Revised	2177
Code provided the deposition is admitted as evidence under	2178
division (C) of that section, may be taken outside of the	2179
courtroom and televised into the courtroom in accordance with	2180
division (D) of that section, or may be taken outside of the	2181
courtroom and recorded for showing in the courtroom in accordance	2182
with division (E) of that section.	2183

(3) If videotaped testimony of a mentally retarded or	2184
developmentally disabled victim is admitted at trial in accordance	2185
with division (B)(1) of this section, the mentally retarded or	2186
developmentally disabled victim shall not be compelled in any way	2187
to appear as a witness at the trial, except as provided in	2188
division (B)(2) of this section.	2189

(C) An order issued pursuant to division (B) of this section	2190
shall specifically identify the mentally retarded or	2191
developmentally disabled victim concerning whose testimony it	2192
pertains. The order shall apply only during the testimony of the	2193
mentally retarded or developmentally disabled victim it	2194
specifically identifies.	2195

Sec. 5120.173. Any person who is required to report suspected	2196
abuse or neglect of a child under eighteen years of age pursuant	2197
to division (A) of section 2151.421 of the Revised Code, and any	2198
person who is permitted to report or cause a report to be made of	2199
suspected abuse or neglect of a child under eighteen years of age	2200
pursuant to division (B) of that section, any person who is	2201
required to report suspected abuse or neglect of a person with	2202
mental retardation or a developmental disability pursuant to	2203
division (C) of section 5123.61 of the Revised Code, and any	2204
person who is permitted to report suspected abuse or neglect of a	2205
person with mental retardation or a developmental disability	2206
pursuant to division (F) of that section and who makes or causes	2207
the report to be made, shall direct that report to the state	2208
highway patrol if the child or the person with mental retardation	2209
or a developmental disability is an inmate in the custody of a	2210
state correctional institution. If the state highway patrol	2211
determines after receipt of the report that it is probable that	2212
abuse or neglect of the inmate occurred, the patrol shall report	2213
its findings to the department of rehabilitation and correction,	2214
to the court that sentenced the inmate for the offense for which	2215
the inmate is in the custody of the department, and to the	2216
chairman and vice-chairman of the correctional institution	2217
inspection committee established by section 103.71 of the Revised	2218
Code.	2219

Sec. 5123.081.  (A) As used in this section:

2220

(1) "Applicant" means a person who is under final	2221
consideration for appointment to or employment with the department	2222
of mental retardation and developmental disabilities, including,	2223
but not limited to, a person who is being transferred to the	2224
department and an employee who is being recalled or reemployed	2225
after a layoff.	2226

(2) "Criminal records check" has the same meaning as in	2227
section 109.572 of the Revised Code.	2228

(3) "Minor drug possession offense" has the same meaning as	2229
in section 2925.01 of the Revised Code.	2230

(B) The director of mental retardation and developmental	2231
disabilities shall request the superintendent of the bureau of	2232
criminal identification and investigation to conduct a criminal	2233
records check with respect to each applicant, except that the	2234
director is not required to request a criminal records check for	2235
an employee of the department who is being considered for a	2236
different position or is returning after a leave of absence or	2237
seasonal break in employment, as long as the director has no	2238
reason to believe that the employee has committed any of the	2239
offenses listed or described in division (E) of this section.	2240

If the applicant does not present proof that the applicant	2241
has been a resident of this state for the five-year period	2242
immediately prior to the date upon which the criminal records	2243
check is requested, the director shall request that the	2244
superintendent of the bureau obtain information from the federal	2245
bureau of investigation as a part of the criminal records check	2246
for the applicant. If the applicant presents proof that the	2247
applicant has been a resident of this state for that five-year	2248
period, the director may request that the superintendent of the	2249
bureau include information from the federal bureau of	2250
investigation in the criminal records check. For purposes of this	2251
division, an applicant may provide proof of residency in this	2252
state by presenting, with a notarized statement asserting that the	2253
applicant has been a resident of this state for that five-year	2254
period, a valid driver's license, notification of registration as	2255
an elector, a copy of an officially filed federal or state tax	2256
form identifying the applicant's permanent residence, or any other	2257
document the director considers acceptable.	2258

(C) The director shall provide to each applicant a copy of	2259
the form prescribed pursuant to division (C)(1) of section 109.572	2260
of the Revised Code, provide to each applicant a standard	2261
impression sheet to obtain fingerprint impressions prescribed	2262
pursuant to division (C)(2) of section 109.572 of the Revised	2263
Code, obtain the completed form and impression sheet from each	2264
applicant, and forward the completed form and impression sheet to	2265
the superintendent of the bureau of criminal identification and	2266
investigation at the time the criminal records check is requested.	2267

Any applicant who receives pursuant to this division a copy	2268
of the form prescribed pursuant to division (C)(1) of section	2269
109.572 of the Revised Code and a copy of an impression sheet	2270
prescribed pursuant to division (C)(2) of that section and who is	2271
requested to complete the form and provide a set of fingerprint	2272
impressions shall complete the form or provide all the information	2273
necessary to complete the form and shall provide the material with	2274
the impressions of the applicant's fingerprints. If an applicant,	2275
upon request, fails to provide the information necessary to	2276
complete the form or fails to provide impressions of the	2277
applicant's fingerprints, the director shall not employ the	2278
applicant.	2279

(D) The director may request any other state or federal	2280
agency to supply the director with a written report regarding the	2281
criminal record of each applicant. With regard to an applicant who	2282
becomes a department employee, if the employee holds an	2283
occupational or professional license or other credentials, the	2284
director may request that the state or federal agency that	2285
regulates the employee's occupation or profession supply the	2286
director with a written report of any information pertaining to	2287
the employee's criminal record that the agency obtains in the	2288
course of conducting an investigation or in the process of	2289
renewing the employee's license or other credentials.	2290

(E) Except as provided in division (K)(2) of this section and	2291
in rules adopted by the director in accordance with division (M)	2292
of this section, the director shall not employ a person to fill a	2293
position with the department who has been convicted of or pleaded	2294
guilty to any of the following:	2295

(1) A violation of section 2903.01, 2903.02, 2903.03,	2296
2903.341, 2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21,	2297
2903.34, 2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04,	2298
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22,	2299
2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323,	2300
2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24,	2301
2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04,	2302
2925.05, 2925.06, or 3716.11 of the Revised Code, a violation of	2303
section 2905.04 of the Revised Code as it existed prior to July 1,	2304
1996, a violation of section 2919.23 of the Revised Code that	2305
would have been a violation of section 2905.04 of the Revised Code	2306
as it existed prior to July 1, 1996, had the violation occurred	2307
prior to that date, a violation of section 2925.11 of the Revised	2308
Code that is not a minor drug possession offense, or felonious	2309
sexual penetration in violation of former section 2907.12 of the	2310
Revised Code;	2311

(2) A felony contained in the Revised Code that is not listed	2312
in this division, if the felony bears a direct and substantial	2313
relationship to the duties and responsibilities of the position	2314
being filled;	2315

(3) Any offense contained in the Revised Code constituting a	2316
misdemeanor of the first degree on the first offense and a felony	2317
on a subsequent offense, if the offense bears a direct and	2318
substantial relationship to the position being filled and the	2319
nature of the services being provided by the department;	2320

(4) A violation of an existing or former municipal ordinance	2321
or law of this state, any other state, or the United States, if	2322
the offense is substantially equivalent to any of the offenses	2323
listed or described in division (E)(1), (2), or (3) of this	2324
section.	2325

(F) Prior to employing an applicant, the director shall	2326
require the applicant to submit a statement with the applicant's	2327
signature attesting that the applicant has not been convicted of	2328
or pleaded guilty to any of the offenses listed or described in	2329
division (E) of this section. The director also shall require the	2330
applicant to sign an agreement under which the applicant agrees to	2331
notify the director within fourteen calendar days if, while	2332
employed with the department, the applicant is ever formally	2333
charged with, convicted of, or pleads guilty to any of the	2334
offenses listed or described in division (E) of this section. The	2335
agreement shall inform the applicant that failure to report formal	2336
charges, a conviction, or a guilty plea may result in being	2337
dismissed from employment.	2338

(G) The director shall pay to the bureau of criminal	2339
identification and investigation the fee prescribed pursuant to	2340
division (C)(3) of section 109.572 of the Revised Code for each	2341
criminal records check requested and conducted pursuant to this	2342
section.	2343

(H)(1) Any report obtained pursuant to this section is not a	2344
public record for purposes of section 149.43 of the Revised Code	2345
and shall not be made available to any person, other than the	2346
applicant who is the subject of the records check or criminal	2347
records check or the applicant's representative, the department or	2348
its representative, a county board of mental retardation and	2349
developmental disabilities, and any court, hearing officer, or	2350
other necessary individual involved in a case dealing with the	2351
denial of employment to the applicant or the denial, suspension,	2352
or revocation of a certificate or evidence of registration under	2353
section 5123.082 of the Revised Code.	2354

(2) An individual for whom the director has obtained reports	2355
under this section may submit a written request to the director to	2356
have copies of the reports sent to any state agency, entity of	2357
local government, or private entity. The individual shall specify	2358
in the request the agencies or entities to which the copies are to	2359
be sent. On receiving the request, the director shall send copies	2360
of the reports to the agencies or entities specified.	2361

The director may request that a state agency, entity of local	2362
government, or private entity send copies to the director of any	2363
report regarding a records check or criminal records check that	2364
the agency or entity possesses, if the director obtains the	2365
written consent of the individual who is the subject of the	2366
report.	2367

(I) The director shall request the registrar of motor	2368
vehicles to supply the director with a certified abstract	2369
regarding the record of convictions for violations of motor	2370
vehicle laws of each applicant who will be required by the	2371
applicant's employment to transport individuals with mental	2372
retardation or a developmental disability or to operate the	2373
department's vehicles for any other purpose. For each abstract	2374
provided under this section, the director shall pay the amount	2375
specified in section 4509.05 of the Revised Code.	2376

(J) The director shall provide each applicant with a copy of	2377
any report or abstract obtained about the applicant under this	2378
section.	2379

(K)(1) The director shall inform each person, at the time of	2380
the person's initial application for employment, that the person	2381
is required to provide a set of impressions of the person's	2382
fingerprints and that a criminal records check is required to be	2383
conducted and satisfactorily completed in accordance with section	2384
109.572 of the Revised Code if the person comes under final	2385
consideration for employment as a precondition to employment in a	2386
position.	2387

(2) The director may employ an applicant pending receipt of	2388
reports requested under this section. The director shall terminate	2389
employment of any such applicant if it is determined from the	2390
reports that the applicant failed to inform the director that the	2391
applicant had been convicted of or pleaded guilty to any of the	2392
offenses listed or described in division (E) of this section.	2393

(L) The director may charge an applicant a fee for costs the	2394
director incurs in obtaining reports, abstracts, or fingerprint	2395
impressions under this section. A fee charged under this division	2396
shall not exceed the amount of the fees the director pays under	2397
divisions (G) and (I) of this section. If a fee is charged under	2398
this division, the director shall notify the applicant of the	2399
amount of the fee at the time of the applicant's initial	2400
application for employment and that, unless the fee is paid, the	2401
director will not consider the applicant for employment.	2402

(M) The director shall adopt rules in accordance with Chapter	2403
119. of the Revised Code to implement this section, including	2404
rules specifying circumstances under which the director may employ	2405
a person who has been convicted of or pleaded guilty to an offense	2406
listed or described in division (E) of this section but who meets	2407
standards in regard to rehabilitation set by the director.	2408

Sec. 5123.50.  As used in this section and sections 5123.51	2409
and, 5123.52, and 5123.541 of the Revised Code:	2410

(A) "Abuse" means all of the following:

2411

(1) The use of physical force that can reasonably be expected	2412
to result in physical harm or serious physical harm;	2413

(2) Sexual abuse;

2414

(3) Verbal abuse.

2415

(B) "Misappropriation" means depriving, defrauding, or	2416
otherwise obtaining the real or personal property of an individual	2417
by any means prohibited by the Revised Code, including violations	2418
of Chapter 2911. or 2913. of the Revised Code.	2419

(C) "MR/DD employee" means all of the following:

2420

(1) An employee of the department of mental retardation and	2421
developmental disabilities;	2422

(2) An employee of a county board of mental retardation and	2423
developmental disabilities;	2424

(3) An "ICF/MR worker," as defined in section 5123.193 of the	2425
Revised Code;	2426

(4) An individual who is employed in a position that includes	2427
providing specialized services to an individual with mental	2428
retardation or aanother developmental disability.	2429

(D) "Neglect" means, when there is a duty to do so, failing	2430
to provide an individual with any treatment, care, goods, or	2431
services that are necessary to maintain the health and safety of	2432
the individual.	2433

(E) "Physical harm" and "serious physical harm" have the same	2434
meanings as in section 2901.01 of the Revised Code.	2435

(F) "Sexual abuse" means unlawful sexual conduct or sexual	2436
contact, as those terms are defined in section 2907.01 of the	2437
Revised Code.	2438

(G) "Specialized services" means any program or service	2439
designed and operated to serve primarily individuals with mental	2440
retardation or a developmental disability, including a program or	2441
service provided by an entity licensed or certified by the	2442
department of mental retardation and developmental disabilities. A	2443
program or service available to the general public is not a	2444
specialized service.	2445

(H) "Verbal abuse" means purposely using words to threaten,	2446
coerce, intimidate, harass, or humiliate an individual.	2447

(I) "Sexual conduct," "sexual contact," and "spouse" have the	2448
same meanings as in section 2907.01 of the Revised Code.	2449

Sec. 5123.51.  (A) In addition to any other action required	2450
by sections 5123.61 and 5126.31 of the Revised Code, the	2451
department of mental retardation and developmental disabilities	2452
shall review each report the department receives of abuse or	2453
neglect of an individual with mental retardation or a	2454
developmental disability or misappropriation of an individual's	2455
property that includes an allegation that an MR/DD employee	2456
committed or was responsible for the abuse, neglect, or	2457
misappropriation. The department shall review a report it receives	2458
from a public children services agency only after the agency	2459
completes its investigation pursuant to section 2151.421 of the	2460
Revised Code. On receipt of a notice under section 2930.061 or	2461
5123.541 of the Revised Code, the department shall review the	2462
notice.	2463

(B) The department shall do both of the following:

2464

(1) Investigate the allegation or adopt the findings of an	2465
investigation or review of the allegation conducted by another	2466
person or government entity and determine whether there is a	2467
reasonable basis for the allegation;	2468

(2) If the department determines that there is a reasonable	2469
basis for the allegation, conduct an adjudication pursuant to	2470
Chapter 119. of the Revised Code.	2471

(C)(1) The department shall appoint an independent hearing	2472
officer to conduct any hearing conducted pursuant to division	2473
(B)(2) of this section, except that, if the hearing is regarding	2474
an employee of the department who is represented by a union, the	2475
department and a representative of the union shall jointly select	2476
the hearing officer.	2477

(2) No(a) Except as provided in division (C)(2)(b) of this	2478
section, no hearing shall be conducted under division (B)(2) of	2479
this section until any criminal proceeding or collective	2480
bargaining arbitration concerning the same allegation has	2481
concluded.	2482

(b) The department may conduct a hearing pursuant to division	2483
(B)(2) of this section before a criminal proceeding concerning the	2484
same allegation is concluded if both of the following are the	2485
case:	2486

(i) The department notifies the prosecutor responsible for	2487
the criminal proceeding that the department proposes to conduct a	2488
hearing.	2489

(ii) The prosecutor consents to the hearing.

2490

(3) In conducting a hearing pursuant to division (B)(2) of	2491
this section, the hearing officer shall do bothall of the	2492
following:	2493

(a) Determine whether there is clear and convincing evidence	2494
that the MR/DD employee has done any of the following:	2495

(i) Misappropriated the property of an individualone or more	2496
individuals with mental retardation or a developmental disability	2497
that has a value, either separately or taken together, of one	2498
hundred dollars or more;	2499

(ii) Misappropriated property of an individual with mental	2500
retardation or a developmental disability that is designed to be	2501
used as a check, draft, negotiable instrument, credit card, charge	2502
card, or device for initiating an electronic fund transfer at a	2503
point of sale terminal, automated teller machine, or cash	2504
dispensing machine;	2505

(ii)(iii) Knowingly abused or neglected such an individual;

2506

(iii)(iv) Recklessly abused or neglected such an individual,	2507
with resulting physical harm;	2508

(iv)(v) Negligently abused or neglected such an individual,	2509
with resulting serious physical harm;	2510

(vi) Recklessly neglected such an individual, creating a	2511
substantial risk of serious physical harm;	2512

(vii) Engaged in sexual conduct or had sexual contact with an	2513
individual with mental retardation or another developmental	2514
disability who was not the MR/DD employee's spouse and for whom	2515
the MR/DD employee was employed or under a contract to provide	2516
care;	2517

(viii) Unreasonably failed to make a report pursuant to	2518
division (C) of section 5123.61 of the Revised Code when the	2519
employee knew or should have known that the failure would result	2520
in a substantial risk of harm to an individual with mental	2521
retardation or a developmental disability.	2522

(b) Give weight to the decision in any collective bargaining	2523
arbitration regarding the same allegation;	2524

(c) Give weight to any relevant facts presented at the	2525
hearing.	2526

(D)(1) Unless the director of mental retardation and	2527
developmental disabilities determines that there are extenuating	2528
circumstances and except as provided in divisions (D)(4) and	2529
division (E) of this section, the director shall include in the	2530
registry established under section 5123.52 of the Revised Code the	2531
name of an MR/DD employee if the director, after considering all	2532
of the factors listed in division (C)(3) of this section, finds	2533
that there is clear and convincing evidence that thean MR/DD	2534
employee has done one or more of the things described in division	2535
(C)(3)(a) of this section the director shall include the name of	2536
the employee in the registry established under section 5123.52 of	2537
the Revised Code.	2538

(2) Extenuating circumstances the director must consider	2539
include the use of physical force by an MR/DD employee that was	2540
necessary as self-defense.	2541

(3) If the director includes an MR/DD employee in the	2542
registry established under section 5123.52 of the Revised Code,	2543
the director shall notify the employee, the person or government	2544
entity that employs or contracts with the employee, the individual	2545
with mental retardation or a developmental disability who was the	2546
subject of the report and that individual's legal guardian, if	2547
any, the attorney general, and the prosecuting attorney or other	2548
law enforcement agency. If the MR/DD employee holds a license,	2549
certificate, registration, or other authorization to engage in a	2550
profession issued pursuant to Title XLVII of the Revised Code, the	2551
director shall notify the appropriate agency, board, department,	2552
or other entity responsible for regulating the employee's	2553
professional practice.	2554

(4) The director shall not include in the registry an	2555
individual who has been found not guilty by a court or jury of an	2556
offense arising from the same factsIf an individual whose name	2557
appears on the registry is involved in a court proceeding or	2558
arbitration arising from the same facts as the allegation	2559
resulting in the individual's placement on the registry, the	2560
disposition of the proceeding or arbitration shall be noted in the	2561
registry next to the individual's name.	2562

(E) In the case of an allegation concerning an employee of	2563
the department, after the hearing conducted pursuant to division	2564
(B)(2) of this section, the director of health or that director's	2565
designee shall review the decision of the hearing officer to	2566
determine whether the standard described in division (C)(2)(3) of	2567
this section has been met. If the director or designee determines	2568
that the standard has been met and that no extenuating	2569
circumstances exist, the director or designee shall notify the	2570
director of mental retardation and developmental disabilities that	2571
the MR/DD employee is to be included in the registry established	2572
under section 5123.52 of the Revised Code. If the director of	2573
mental retardation and developmental disabilities receives such	2574
notification, the director shall include the MR/DD employee in the	2575
registry, unless division (D)(4) of this section applies, and	2576
shall provide the notification described in division (D)(3) of	2577
this section.	2578

(F) If the department is required by Chapter 119. of the	2579
Revised Code to give notice of an opportunity for a hearing and	2580
the MR/DD employee subject to the notice does not timely request a	2581
hearing in accordance with section 119.07 of the Revised Code, the	2582
department is not required to hold a hearing.	2583

(G) Files and records of investigations conducted pursuant to	2584
this section are not public records as defined in section 149.43	2585
of the Revised Code, but, on request, the department shall provide	2586
copies of those files and records to the attorney general, a	2587
prosecuting attorney, or a law enforcement agency.	2588

Sec. 5123.541.  (A) No MR/DD employee shall engage in any	2589
sexual conduct or have any sexual contact with an individual with	2590
mental retardation or another developmental disability for whom	2591
the MR/DD employee is employed or under a contract to provide care	2592
unless the individual is the MR/DD employee's spouse.	2593

(B) Any MR/DD employee who violates division (A) of this	2594
section shall be eligible to be included in the registry regarding	2595
misappropriation, abuse, neglect, or other specified misconduct by	2596
MR/DD employees established under section 5123.52 of the Revised	2597
Code, in addition to any other sanction or penalty authorized or	2598
required by law.	2599

(C)(1) Any person listed in division (C)(2) of section	2600
5123.61 of the Revised Code who has reason to believe that an	2601
MR/DD employee has violated division (A) of this section shall	2602
immediately report that belief to the department of mental	2603
retardation and developmental disabilities.	2604

(2) Any person who has reason to believe that an MR/DD	2605
employee has violated division (A) of this section may report that	2606
belief to the department of mental retardation and developmental	2607
disabilities.	2608

Sec. 5123.542.  (A) Each of the following shall annually	2609
provide a written notice to each of its MR/DD employees explaining	2610
the conduct for which an MR/DD employee may be included in the	2611
registry established under section 5123.52 of the Revised Code:	2612

(1) The department of mental retardation and developmental	2613
disabilities;	2614

(2) Each county board of mental retardation and developmental	2615
disabilities;	2616

(3) Each contracting entity, as defined in section 5126.281	2617
of the Revised Code;	2618

(4) Each owner, operator, or administrator of a residential	2619
facility, as defined in section 5123.19 of the Revised Code;	2620

(5) Each owner, operator, or administrator of a program	2621
certified by the department to provide supported living.	2622

(B) The notice described in division (A) of this section	2623
shall be in a form and provided in a manner prescribed by the	2624
department of mental retardation and developmental disabilities.	2625
The form shall be the same for all persons and entities required	2626
to provide notice under division (A) of this section.	2627

(C) The fact that an MR/DD employee does not receive the	2628
notice required by this section does not exempt the employee from	2629
inclusion in the registry established under section 5123.52 of the	2630
Revised Code.	2631

Sec. 5123.61.  (A) As used in this section:

2632

(1) "Law enforcement agency" means the state highway patrol,	2633
the police department of a municipal corporation, or a county	2634
sheriff.	2635

(2) "Abuse" has the same meaning as in section 5123.50 of the	2636
Revised Code, except that it includes a misappropriation, as	2637
defined in that section.	2638

(3) "Neglect" has the same meaning as in section 5123.50 of	2639
the Revised Code.	2640

(B) The department of mental retardation and developmental	2641
disabilities shall establish a registry office for the purpose of	2642
maintaining reports of abuse, neglect, and other major unusual	2643
incidents made to the department under this section and reports	2644
received from county boards of mental retardation and	2645
developmental disabilities under section 5126.31 of the Revised	2646
Code. The department shall establish committees to review reports	2647
of abuse, neglect, and other major unusual incidents.	2648

(C)(1) Any person listed in division (C)(2) of this section,	2649
having reason to believe that a person with mental retardation or	2650
a developmental disability has suffered or faces a substantial	2651
risk of suffering any wound, injury, disability, or condition of	2652
such a nature as to reasonably indicate abuse or neglect of that	2653
person, shall immediately report or cause reports to be made of	2654
such information to the entity specified in this division. Except	2655
as provided in section 5120.173 of the Revised Code or as	2656
otherwise provided in this division, the person making the report	2657
shall make it to a law enforcement agency or to the county board	2658
of mental retardation and developmental disabilities, except that	2659
if. If the report concerns a resident of a facility operated by	2660
the department of mental retardation and developmental	2661
disabilities the report shall be made either to a law enforcement	2662
agency or to the department. If the report concerns any act or	2663
omission of an employee of a county board of mental retardation	2664
and developmental disabilities, the report immediately shall be	2665
made to the department and to the county board.	2666

(2) All of the following persons are required to make a	2667
report under division (C)(1) of this section:	2668

(a) Any physician, including a hospital intern or resident,	2669
any dentist, podiatrist, chiropractor, practitioner of a limited	2670
branch of medicine as specified in section 4731.15 of the Revised	2671
Code, hospital administrator or employee of a hospital, nurse	2672
licensed under Chapter 4723. of the Revised Code, employee of an	2673
ambulatory health facility as defined in section 5101.61 of the	2674
Revised Code, employee of a home health agency, employee of an	2675
adult care facility licensed under Chapter 3722. of the Revised	2676
Code, or employee of a community mental health facility;	2677

(b) Any school teacher or school authority, social worker,	2678
psychologist, attorney, peace officer, coroner, clergyman, or	2679
residents' rights advocate as defined in section 3721.10 of the	2680
Revised Code;	2681

(c) A superintendent, board member, or employee of a county	2682
board of mental retardation and developmental disabilities; an	2683
administrator, board member, or employee of a residential facility	2684
licensed under section 5123.19 of the Revised Code; an	2685
administrator, board member, or employee of any other public or	2686
private provider of services to a person with mental retardation	2687
or a developmental disability, or any MR/DD employee, as defined	2688
in section 5123.50 of the Revised Code;	2689

(d) A member of a citizen's advisory council established at	2690
an institution or branch institution of the department of mental	2691
retardation and developmental disabilities under section 5123.092	2692
of the Revised Code;	2693

(e) A clergyman who is employed in a position that includes	2694
providing specialized services to an individual with mental	2695
retardation or another developmental disability, while acting in	2696
an official or professional capacity in that position, or a person	2697
who is employed in a position that includes providing specialized	2698
services to an individual with mental retardation or another	2699
developmental disability and who, while acting in an official or	2700
professional capacity, renders spiritual treatment through prayer	2701
in accordance with the tenets of an organized religion.	2702

(3)(a) The reporting requirements of this division do not	2703
apply to members of the legal rights service commission or to	2704
employees of the legal rights service.	2705

(b) An attorney or physician is not required to make a report	2706
pursuant to division (C)(1) of this section concerning any	2707
communication the attorney or physician receives from a client or	2708
patient in an attorney-client or physician-patient relationship,	2709
if, in accordance with division (A) or (B) of section 2317.02 of	2710
the Revised Code, the attorney or physician could not testify with	2711
respect to that communication in a civil or criminal proceeding,	2712
except that the client or patient is deemed to have waived any	2713
testimonial privilege under division (A) or (B) of section 2317.02	2714
of the Revised Code with respect to that communication and the	2715
attorney or physician shall make a report pursuant to division	2716
(C)(1) of this section, if both of the following apply:	2717

(i) The client or patient, at the time of the communication,	2718
is a person with mental retardation or a developmental disability.	2719

(ii) The attorney or physician knows or suspects, as a result	2720
of the communication or any observations made during that	2721
communication, that the client or patient has suffered or faces a	2722
substantial risk of suffering any wound, injury, disability, or	2723
condition of a nature that reasonably indicates abuse or neglect	2724
of the client or patient.	2725

(4) Any person who fails to make a report required under	2726
division (C) of this section and who is an MR/DD employee, as	2727
defined in section 5123.50 of the Revised Code, shall be eligible	2728
to be included in the registry regarding misappropriation, abuse,	2729
neglect, or other specified misconduct by MR/DD employees	2730
established under section 5123.52 of the Revised Code.	2731

(D) The reports required under division (C) of this section	2732
shall be made forthwith by telephone or in person and shall be	2733
followed by a written report. The reports shall contain the	2734
following:	2735

(1) The names and addresses of the person with mental	2736
retardation or a developmental disability and the person's	2737
custodian, if known;	2738

(2) The age of the person with mental retardation or a	2739
developmental disability;	2740

(3) Any other information that would assist in the	2741
investigation of the report.	2742

(E) When a physician performing services as a member of the	2743
staff of a hospital or similar institution has reason to believe	2744
that a person with mental retardation or a developmental	2745
disability has suffered injury, abuse, or physical neglect, the	2746
physician shall notify the person in charge of the institution or	2747
that person's designated delegate, who shall make the necessary	2748
reports.	2749

(F) Any person having reasonable cause to believe that a	2750
person with mental retardation or a developmental disability has	2751
suffered or faces a substantial risk of suffering abuse or neglect	2752
may report the belief, or cause a report to be made,of that	2753
belief to the entity specified in this division. Except as	2754
provided in section 5120.173 of the Revised Code or as otherwise	2755
provided in this division, the person making the report shall make	2756
it to a law enforcement agency or the county board of mental	2757
retardation and developmental disabilities, or, if. If the person	2758
is a resident of a facility operated by the department of mental	2759
retardation and developmental disabilities, the report shall be	2760
made to a law enforcement agency or to the department. If the	2761
report concerns any act or omission of an employee of a county	2762
board of mental retardation and developmental disabilities, the	2763
report immediately shall be made to the department and to the	2764
county board.	2765

(G)(1) Upon the receipt of a report concerning the possible	2766
abuse or neglect of a person with mental retardation or a	2767
developmental disability, the law enforcement agency shall inform	2768
the county board of mental retardation and developmental	2769
disabilities or, if the person is a resident of a facility	2770
operated by the department of mental retardation and developmental	2771
disabilities, the director of the department or the director's	2772
designee.	2773

(2) On receipt of a report under this section that includes	2774
an allegation of action or inaction that may constitute a crime	2775
under federal law or the law of this state, the department of	2776
mental retardation and developmental disabilities shall notify the	2777
law enforcement agency.	2778

(3) When a county board of mental retardation and	2779
developmental disabilities receives a report under this section	2780
that includes an allegation of action or inaction that may	2781
constitute a crime under federal law or the law of this state, the	2782
superintendent of the board or an individual the superintendent	2783
designates under division (H) of this section shall notify the law	2784
enforcement agency. The superintendent or individual shall notify	2785
the department of mental retardation and developmental	2786
disabilities when it receives any report under this section.	2787

(4) When a county board of mental retardation and	2788
developmental disabilities receives a report under this section	2789
and believes that the degree of risk to the person is such that	2790
the report is an emergency, the superintendent of the board or an	2791
employee of the board the superintendent designates shall attempt	2792
a face-to-face contact with the person with mental retardation or	2793
a developmental disability who allegedly is the victim within one	2794
hour of the board's receipt of the report.	2795

(H) The superintendent of the board may designate an	2796
individual to be responsible for notifying the law enforcement	2797
agency and the department when the county board receives a report	2798
under this section.	2799

(I) An adult with mental retardation or a developmental	2800
disability about whom a report is made may be removed from the	2801
adult's place of residence only by law enforcement officers who	2802
consider that the adult's immediate removal is essential to	2803
protect the adult from further injury or abuse or in accordance	2804
with the order of a court made pursuant to section 5126.33 of the	2805
Revised Code.	2806

(J) A law enforcement agency shall investigate each report of	2807
abuse or neglect it receives under this section. In addition, the	2808
department, in cooperation with law enforcement officials, shall	2809
investigate each report regarding a resident of a facility	2810
operated by the department to determine the circumstances	2811
surrounding the injury, the cause of the injury, and the person	2812
responsible. The investigation shall be in accordance with the	2813
memorandum of understanding prepared under section 5126.058 of the	2814
Revised Code. The department shall determine, with the registry	2815
office which shall be maintained by the department, whether prior	2816
reports have been made concerning andan adult with mental	2817
retardation or a developmental disability or other principals in	2818
the case. If the department finds that the report involves action	2819
or inaction that may constitute a crime under federal law or the	2820
law of this state, it shall submit a report of its investigation,	2821
in writing, to the law enforcement agency. If the person with	2822
mental retardation or a developmental disability is an adult, with	2823
the consent of the adult, the department shall provide such	2824
protective services as are necessary to protect the adult. The law	2825
enforcement agency shall make a written report of its findings to	2826
the department.	2827

If the person is an adult and is not a resident of a facility	2828
operated by the department, the county board of mental retardation	2829
and developmental disabilities shall review the report of abuse or	2830
neglect in accordance with sections 5126.30 to 5126.33 of the	2831
Revised Code and the law enforcement agency shall make the written	2832
report of its findings to the county board.	2833

(K) Any person or any hospital, institution, school, health	2834
department, or agency participating in the making of reports	2835
pursuant to this section, any person participating as a witness in	2836
an administrative or judicial proceeding resulting from the	2837
reports, or any person or governmental entity that discharges	2838
responsibilities under sections 5126.31 to 5126.33 of the Revised	2839
Code shall be immune from any civil or criminal liability that	2840
might otherwise be incurred or imposed as a result of such actions	2841
except liability for perjury, unless the person or governmental	2842
entity has acted in bad faith or with malicious purpose.	2843

(L) No employer or any person with the authority to do so	2844
shall discharge, demote, transfer, prepare a negative work	2845
performance evaluation, reduce pay or benefits, terminate work	2846
privileges, or take any other action detrimental to an employee or	2847
retaliate against an employee as a result of the employee's having	2848
made a report under this section. This division does not preclude	2849
an employer or person with authority from taking action with	2850
regard to an employee who has made a report under this section if	2851
there is another reasonable basis for the action.	2852

(M) Reports made under this section are not public records as	2853
defined in section 149.43 of the Revised Code. Information	2854
contained in the reports on request shall be made available to the	2855
person who is the subject of the report, to the person's legal	2856
counsel, and to agencies authorized to receive information in the	2857
report by the department or by a county board of mental	2858
retardation and developmental disabilities.	2859

(N) Notwithstanding section 4731.22 of the Revised Code, the	2860
physician-patient privilege shall not be a ground for excluding	2861
evidence regarding the injuries or physical neglect of a person	2862
with mental retardation or a developmental disability or the cause	2863
thereof in any judicial proceeding resulting from a report	2864
submitted pursuant to this section.	2865

Sec. 5123.614. (A) Subject to division (B) of this section,	2866
on receipt of a report of a major unusual incident made pursuant	2867
to section 5123.61 or 5126.31 of the Revised Code or rules adopted	2868
under section 5123.612 of the Revised Code, the department of	2869
mental retardation and developmental disabilities may do either of	2870
the following:	2871

(1) Conduct an independent review or investigation of the	2872
incident;	2873

(2) Request that an independent review or investigation of	2874
the incident be conducted by a county board of mental retardation	2875
and developmental disabilities that is not implicated in the	2876
report, a regional council of government, or any other entity	2877
authorized to conduct such investigations.	2878

(B) If a report described in division (A) of this section	2879
concerning the health or safety of a person with mental	2880
retardation or a developmental disability involves an allegation	2881
that an employee of a county board of mental retardation and	2882
developmental disabilities has created a substantial risk of	2883
serious physical harm to a person with mental retardation or a	2884
developmental disability, the department shall do one of the	2885
following:	2886

(1) Conduct an independent investigation regarding the	2887
incident;	2888

(2) Request that an independent review or investigation of	2889
the incident be conducted by a county board of mental retardation	2890
and developmental disabilities that is not implicated in the	2891
report, a regional council of government, or any other entity	2892
authorized to conduct such investigations.	2893

Sec. 5123.99.  (A) Whoever violates section 5123.20 of the	2894
Revised Code is guilty of a misdemeanor of the first degree.	2895

(B) Whoever violates division (C), (E), or (G)(3) of section	2896
5123.61 of the Revised Code shall be fined not more than five	2897
hundred dollarsis guilty of a misdemeanor of the fourth degree	2898
or, if the abuse or neglect constitutes a felony, a misdemeanor of	2899
the second degree. In addition to any other sanction or penalty	2900
authorized or required by law, if a person who is convicted of or	2901
pleads guilty to a violation of division (C), (E), or (G)(3) of	2902
section 5123.61 of the Revised Code is an MR/DD employee, as	2903
defined in section 5123.50 of the Revised Code, the offender shall	2904
be eligible to be included in the registry regarding	2905
misappropriation, abuse, neglect, or other specified misconduct by	2906
MR/DD employees established under section 5123.52 of the Revised	2907
Code.	2908

(C) Whoever violates division (A) of section 5123.604 of the	2909
Revised Code is guilty of a misdemeanor of the second degree.	2910

(D) Whoever violates division (B) of section 5123.604 of the	2911
Revised Code shall be fined not more than one thousand dollars.	2912
Each violation constitutes a separate offense.	2913

Sec. 5126.058. (A) Each county board of mental retardation	2914
and developmental disabilities shall prepare a memorandum of	2915
understanding that is developed by all of the following and that	2916
is signed by the persons identified in divisions (A)(3) to (8) of	2917
this section:	2918

(1) If there is only one probate judge in the county, the	2919
probate judge of the county or the probate judge's representative;	2920

(2) If there is more than one probate judge in the county, a	2921
probate judge or the probate judge's representative selected by	2922
the probate judges or, if they are unable to do so for any reason,	2923
the probate judge who is senior in point of service or the senior	2924
probate judge's representative;	2925

(3) The county peace officer;

2926

(4) All chief municipal peace officers within the county;

2927

(5) Other law enforcement officers handling abuse, neglect,	2928
and exploitation of mentally retarded and developmentally disabled	2929
persons in the county;	2930

(6) The prosecuting attorney of the county;

2931

(7) The public children services agency;

2932

(8) The coroner of the county.

2933

(B) A memorandum of understanding shall set forth the normal	2934
operating procedure to be employed by all concerned officials in	2935
the execution of their respective responsibilities under this	2936
section and sections 313.12, 2151.421, 2903.16, 5126.31, and	2937
5126.33 of the Revised Code and shall have as its primary goal the	2938
elimination of all unnecessary interviews of persons who are the	2939
subject of reports made pursuant to this section. A failure to	2940
follow the procedure set forth in the memorandum by the concerned	2941
officials is not grounds for, and shall not result in, the	2942
dismissal of any charge or complaint arising from any reported	2943
case of abuse, neglect, or exploitation or the suppression of any	2944
evidence obtained as a result of any reported abuse, neglect, or	2945
exploitation and does not give any rights or grounds for appeal or	2946
post-conviction relief to any person.	2947

(C) A memorandum of understanding shall include, but is not	2948
limited to, all of the following:	2949

(1) The roles and responsibilities for handling emergency and	2950
nonemergency cases of abuse, neglect, or exploitation;	2951

(2) The roles and responsibilities for handling and	2952
coordinating investigations of reported cases of abuse, neglect,	2953
or exploitation and methods to be used in interviewing the person	2954
who is the subject of the report and who allegedly was abused,	2955
neglected, or exploited;	2956

(3) The roles and responsibilities for addressing the	2957
categories of persons who may interview the person who is the	2958
subject of the report and who allegedly was abused, neglected, or	2959
exploited;	2960

(4) The roles and responsibilities for providing victim	2961
services to mentally retarded and developmentally disabled persons	2962
pursuant to Chapter 2930. of the Revised Code;	2963

(5) The roles and responsibilities for the filing of criminal	2964
charges against persons alleged to have abused, neglected, or	2965
exploited mentally retarded or developmentally disabled persons.	2966

(D) A memorandum of understanding may be signed by victim	2967
advocates, municipal court judges, municipal prosecutors, and any	2968
other person whose participation furthers the goals of a	2969
memorandum of understanding, as set forth in this section.	2970

Sec. 5126.28.  (A) As used in this section:

2971

(1) "Applicant" means a person who is under final	2972
consideration for appointment or employment in a position with a	2973
county board of mental retardation and developmental disabilities,	2974
including, but not limited to, a person who is being transferred	2975
to the county board and an employee who is being recalled or	2976
reemployed after a layoff.	2977

(2) "Criminal records check" has the same meaning as in	2978
section 109.572 of the Revised Code.	2979

(3) "Minor drug possession offense" has the same meaning as	2980
in section 2925.01 of the Revised Code.	2981

(B) The superintendent of a county board of mental	2982
retardation and developmental disabilities shall request the	2983
superintendent of the bureau of criminal identification and	2984
investigation to conduct a criminal records check with respect to	2985
any applicant who has applied to the board for employment in any	2986
position, except that a county board superintendent is not	2987
required to request a criminal records check for an employee of	2988
the board who is being considered for a different position or is	2989
returning after a leave of absence or seasonal break in	2990
employment, as long as the superintendent has no reason to believe	2991
that the employee has committed any of the offenses listed or	2992
described in division (E) of this section.	2993

If the applicant does not present proof that the applicant	2994
has been a resident of this state for the five-year period	2995
immediately prior to the date upon which the criminal records	2996
check is requested, the county board superintendent shall request	2997
that the superintendent of the bureau obtain information from the	2998
federal bureau of investigation as a part of the criminal records	2999
check for the applicant. If the applicant presents proof that the	3000
applicant has been a resident of this state for that five-year	3001
period, the county board superintendent may request that the	3002
superintendent of the bureau include information from the federal	3003
bureau of investigation in the criminal records check. For	3004
purposes of this division, an applicant may provide proof of	3005
residency in this state by presenting, with a notarized statement	3006
asserting that the applicant has been a resident of this state for	3007
that five-year period, a valid driver's license, notification of	3008
registration as an elector, a copy of an officially filed federal	3009
or state tax form identifying the applicant's permanent residence,	3010
or any other document the superintendent considers acceptable.	3011

(C) The county board superintendent shall provide to each	3012
applicant a copy of the form prescribed pursuant to division	3013
(C)(1) of section 109.572 of the Revised Code, provide to each	3014
applicant a standard impression sheet to obtain fingerprint	3015
impressions prescribed pursuant to division (C)(2) of section	3016
109.572 of the Revised Code, obtain the completed form and	3017
impression sheet from each applicant, and forward the completed	3018
form and impression sheet to the superintendent of the bureau of	3019
criminal identification and investigation at the time the criminal	3020
records check is requested.	3021

Any applicant who receives pursuant to this division a copy	3022
of the form prescribed pursuant to division (C)(1) of section	3023
109.572 of the Revised Code and a copy of an impression sheet	3024
prescribed pursuant to division (C)(2) of that section and who is	3025
requested to complete the form and provide a set of fingerprint	3026
impressions shall complete the form or provide all the information	3027
necessary to complete the form and shall provide the impression	3028
sheet with the impressions of the applicant's fingerprints. If an	3029
applicant, upon request, fails to provide the information	3030
necessary to complete the form or fails to provide impressions of	3031
the applicant's fingerprints, the county board superintendent	3032
shall not employ that applicant.	3033

(D) A county board superintendent may request any other state	3034
or federal agency to supply the board with a written report	3035
regarding the criminal record of each applicant. With regard to an	3036
applicant who becomes a board employee, if the employee holds an	3037
occupational or professional license or other credentials, the	3038
superintendent may request that the state or federal agency that	3039
regulates the employee's occupation or profession supply the board	3040
with a written report of any information pertaining to the	3041
employee's criminal record that the agency obtains in the course	3042
of conducting an investigation or in the process of renewing the	3043
employee's license or other credentials.	3044

(E) Except as provided in division (K)(2) of this section and	3045
in rules adopted by the department of mental retardation and	3046
developmental disabilities in accordance with division (M) of this	3047
section, no county board of mental retardation and developmental	3048
disabilities shall employ a person to fill a position with the	3049
board who has been convicted of or pleaded guilty to any of the	3050
following:	3051

(1) A violation of section 2903.01, 2903.02, 2903.03,	3052
2903.341, 2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21,	3053
2903.34, 2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04,	3054
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22,	3055
2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323,	3056
2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24,	3057
2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04,	3058
2925.05, 2925.06, or 3716.11 of the Revised Code, a violation of	3059
section 2905.04 of the Revised Code as it existed prior to July 1,	3060
1996, a violation of section 2919.23 of the Revised Code that	3061
would have been a violation of section 2905.04 of the Revised Code	3062
as it existed prior to July 1, 1996, had the violation occurred	3063
prior to that date, a violation of section 2925.11 of the Revised	3064
Code that is not a minor drug possession offense, or felonious	3065
sexual penetration in violation of former section 2907.12 of the	3066
Revised Code;	3067

(2) A felony contained in the Revised Code that is not listed	3068
in this division, if the felony bears a direct and substantial	3069
relationship to the duties and responsibilities of the position	3070
being filled;	3071

(3) Any offense contained in the Revised Code constituting a	3072
misdemeanor of the first degree on the first offense and a felony	3073
on a subsequent offense, if the offense bears a direct and	3074
substantial relationship to the position being filled and the	3075
nature of the services being provided by the county board;	3076

(4) A violation of an existing or former municipal ordinance	3077
or law of this state, any other state, or the United States, if	3078
the offense is substantially equivalent to any of the offenses	3079
listed or described in division (E)(1), (2), or (3) of this	3080
section.	3081

(F) Prior to employing an applicant, the county board	3082
superintendent shall require the applicant to submit a statement	3083
with the applicant's signature attesting that the applicant has	3084
not been convicted of or pleaded guilty to any of the offenses	3085
listed or described in division (E) of this section. The	3086
superintendent also shall require the applicant to sign an	3087
agreement under which the applicant agrees to notify the	3088
superintendent within fourteen calendar days if, while employed by	3089
the board, the applicant is ever formally charged with, convicted	3090
of, or pleads guilty to any of the offenses listed or described in	3091
division (E) of this section. The agreement shall inform the	3092
applicant that failure to report formal charges, a conviction, or	3093
a guilty plea may result in being dismissed from employment.	3094

(G) A county board of mental retardation and developmental	3095
disabilities shall pay to the bureau of criminal identification	3096
and investigation the fee prescribed pursuant to division (C)(3)	3097
of section 109.572 of the Revised Code for each criminal records	3098
check requested and conducted pursuant to this section.	3099

(H)(1) Any report obtained pursuant to this section is not a	3100
public record for purposes of section 149.43 of the Revised Code	3101
and shall not be made available to any person, other than the	3102
applicant who is the subject of the records check or criminal	3103
records check or the applicant's representative, the board	3104
requesting the records check or criminal records check or its	3105
representative, the department of mental retardation and	3106
developmental disabilities, and any court, hearing officer, or	3107
other necessary individual involved in a case dealing with the	3108
denial of employment to the applicant or the denial, suspension,	3109
or revocation of a certificate or evidence of registration under	3110
section 5126.25 of the Revised Code.	3111

(2) An individual for whom a county board superintendent has	3112
obtained reports under this section may submit a written request	3113
to the county board to have copies of the reports sent to any	3114
state agency, entity of local government, or private entity. The	3115
individual shall specify in the request the agencies or entities	3116
to which the copies are to be sent. On receiving the request, the	3117
county board shall send copies of the reports to the agencies or	3118
entities specified.	3119

A county board may request that a state agency, entity of	3120
local government, or private entity send copies to the board of	3121
any report regarding a records check or criminal records check	3122
that the agency or entity possesses, if the county board obtains	3123
the written consent of the individual who is the subject of the	3124
report.	3125

(I) Each county board superintendent shall request the	3126
registrar of motor vehicles to supply the superintendent with a	3127
certified abstract regarding the record of convictions for	3128
violations of motor vehicle laws of each applicant who will be	3129
required by the applicant's employment to transport individuals	3130
with mental retardation or developmental disabilities or to	3131
operate the board's vehicles for any other purpose. For each	3132
abstract provided under this section, the board shall pay the	3133
amount specified in section 4509.05 of the Revised Code.	3134

(J) The county board superintendent shall provide each	3135
applicant with a copy of any report or abstract obtained about the	3136
applicant under this section. At the request of the director of	3137
mental retardation and developmental disabilities, the	3138
superintendent also shall provide the director with a copy of a	3139
report or abstract obtained under this section.	3140

(K)(1) The county board superintendent shall inform each	3141
person, at the time of the person's initial application for	3142
employment, that the person is required to provide a set of	3143
impressions of the person's fingerprints and that a criminal	3144
records check is required to be conducted and satisfactorily	3145
completed in accordance with section 109.572 of the Revised Code	3146
if the person comes under final consideration for appointment or	3147
employment as a precondition to employment in a position.	3148

(2) A board may employ an applicant pending receipt of	3149
reports requested under this section. The board shall terminate	3150
employment of any such applicant if it is determined from the	3151
reports that the applicant failed to inform the county board that	3152
the applicant had been convicted of or pleaded guilty to any of	3153
the offenses listed or described in division (E) of this section.	3154

(L) The board may charge an applicant a fee for costs it	3155
incurs in obtaining reports, abstracts, or fingerprint impressions	3156
under this section. A fee charged under this division shall not	3157
exceed the amount of the fees the board pays under divisions (G)	3158
and (I) of this section. If a fee is charged under this division,	3159
the board shall notify the applicant of the amount of the fee at	3160
the time of the applicant's initial application for employment and	3161
that, unless the fee is paid, the board will not consider the	3162
applicant for employment.	3163

(M) The department of mental retardation and developmental	3164
disabilities shall adopt rules pursuant to Chapter 119. of the	3165
Revised Code to implement this section and section 5126.281 of the	3166
Revised Code, including rules specifying circumstances under which	3167
a county board or contracting entity may hire a person who has	3168
been convicted of or pleaded guilty to an offense listed or	3169
described in division (E) of this section but who meets standards	3170
in regard to rehabilitation set by the department. The rules may	3171
not authorize a county board or contracting entity to hire an	3172
individual who is included in the registry established under	3173
section 5123.52 of the Revised Code.	3174

Sec. 5126.30.  As used in sections 5126.30 to 5126.34 of the	3175
Revised Code:	3176

(A) "Adult" means a person eighteen years of age or older	3177
with mental retardation or a developmental disability.	3178

(B) "Caretaker" means a person who is responsible for the	3179
care of an adult by order of a court, including an order of	3180
guardianship, or who assumes the responsibility for the care of an	3181
adult as a volunteer, as a family member, by contract, or by the	3182
acceptance of payment for care.	3183

(C) "Abuse" has the same meaning as in section 5123.50 of the	3184
Revised Code, except that it includes a misappropriation, as	3185
defined in that section.	3186

(D) "Neglect" has the same meaning as in section 5123.50 of	3187
the Revised Code.	3188

(E) "Exploitation" means the unlawful or improper act of a	3189
caretaker using an adult or an adult's resources for monetary or	3190
personal benefit, profit, or gain, including misappropriation, as	3191
defined in section 5123.50 of the Revised Code, of an adult's	3192
resources.	3193

(F) "Working day" means Monday, Tuesday, Wednesday, Thursday,	3194
or Friday, except when that day is a holiday as defined in section	3195
1.14 of the Revised Code.	3196

(F)(G) "Incapacitated" means lacking understanding or	3197
capacity, with or without the assistance of a caretaker, to make	3198
and carry out decisions regarding food, clothing, shelter, health	3199
care, or other necessities, but does not include mere refusal to	3200
consent to the provision of services.	3201

(H) "Emergency protective services" means protective services	3202
furnished to a person with mental retardation or a developmental	3203
disability to prevent immediate physical harm.	3204

(I) "Protective services" means services provided by the	3205
county board of mental retardation and developmental disabilities	3206
to an adult with mental retardation or a developmental disability	3207
for the prevention, correction, or discontinuance of an act of as	3208
well as conditions resulting from abuse, neglect, or exploitation.	3209

(J) "Protective service plan" means an individualized plan	3210
developed by the county board of mental retardation and	3211
developmental disabilities to prevent the further abuse, neglect,	3212
or exploitation of an adult with mental retardation or a	3213
developmental disability.	3214

(K) "Substantial risk" has the same meaning as in section	3215
2901.01 of the Revised Code.	3216

(L) "Party" means all of the following:

3217

(1) An adult who is the subject of a probate proceeding under	3218
sections 5126.30 to 5126.33 of the Revised Code;	3219

(2) A caretaker, unless otherwise ordered by the probate	3220
court;	3221

(3) Any other person designated as a party by the probate	3222
court including but not limited to, the adult's spouse, custodian,	3223
guardian, or parent.	3224

(M) "Board" has the same meaning as in section 5126.02 of the	3225
Revised Code.	3226

Sec. 5126.33.  (A) A county board of mental retardation and	3227
developmental disabilities may file a complaint with the probate	3228
court of the county in which an adult with mental retardation or a	3229
developmental disability resides for an order authorizing the	3230
board to arrange services described in division (C) of section	3231
5126.31 of the Revised Code for that adult if the adult is	3232
eligible to receive services or support under section 5126.041 of	3233
the Revised Code and the board has been unable to secure consent.	3234
The complaint shall include:	3235

(1) The name, age, and address of the adult;

3236

(2) Facts describing the nature of the abuse or, neglect, or	3237
exploitation and supporting the board's belief that services are	3238
needed;	3239

(3) The types of services proposed by the board, as set forth	3240
in the individualizedprotective service plan prepared pursuant to	3241
described in division (J) of section 5126.315126.30 of the	3242
Revised Code and filed with the complaint;	3243

(4) Facts showing the board's attempts to obtain the consent	3244
of the adult or the adult's guardian to the services.	3245

(B) The board shall give the adult notice of the filing of	3246
the complaint and in simple and clear language shall inform the	3247
adult of the adult's rights in the hearing under division (C) of	3248
this section and explain the consequences of a court order. This	3249
notice shall be personally served upon the adultall parties, and	3250
also shall be given to the adult's caretaker, the adult's legal	3251
counsel, if any, and the legal rights service. The notice shall be	3252
given at least twenty-four hours prior to the hearing, although	3253
the court may waive this requirement upon a showing that there is	3254
a substantial risk that the adult will suffer immediate physical	3255
harm in the twenty-four hour period and that the board has made	3256
reasonable attempts to give the notice required by this division.	3257

(C) Upon the filing of a complaint for an order under this	3258
section, the court shall hold a hearing at least twenty-four hours	3259
and no later than seventy-two hours after the notice under	3260
division (B) of this section has been given unless the court has	3261
waived the notice. The adultAll parties shall have the right to	3262
be present at the hearing, present evidence, and examine and	3263
cross-examine witnesses. The Ohio Rules of Evidence shall apply to	3264
a hearing conducted pursuant to this division. The adult shall be	3265
represented by counsel unless the court finds that the adult has	3266
made a voluntary, informed, and knowing waiver of the right to	3267
counsel. If the adult is indigent, the court shall appoint counsel	3268
to represent the adult. The board shall be represented by the	3269
county prosecutor or an attorney designated by the board.	3270

(D)(1) The court shall issue an order authorizing the board	3271
to arrange the protective services if it finds, on the basis of	3272
clear and convincing evidence, all of the following:	3273

(a) The adult has been abused or, neglected, or exploited;

3274

(b) The adult is incapacitated;

3275

(c) There is a substantial risk to the adult of immediate	3276
physical harm or death;	3277

(d) The adult is in need of the services;

3278

(e) No person authorized by law or court order to give	3279
consent for the adult is available or willing to consent to the	3280
services.	3281

(2) The board shall develop a detailed protective service	3282
plan describing the services that the board will provide, or	3283
arrange for the provision of, to the adult to prevent further	3284
abuse, neglect, or exploitation. The board shall submit the plan	3285
to the court for approval. The protective service plan may be	3286
changed only by court order.	3287

(3) In formulating the order, the court shall consider the	3288
individual protective service plan and shall specifically	3289
designate the services that are necessary to deal with the abuse	3290
or, neglect, or exploitation or condition resulting from abuse or,	3291
neglect, or exploitation and that are available locally, and	3292
authorize the board to arrange for these services only. The court	3293
shall limit the provision of these services to a period not	3294
exceeding fourteen dayssix months, renewable for an additional	3295
fourteen-daysix-month period on a showing by the board that	3296
continuation of the order is necessary.	3297

(E) If the court finds that all other options for meeting the	3298
adult's needs have been exhausted, it may order that the adult be	3299
removed from the adult's place of residence and placed in another	3300
residential setting. Before issuing that order, the court shall	3301
consider the adult's choice of residence and shall determine that	3302
the new residential setting is the least restrictive alternative	3303
available for meeting the adult's needs and is a place where the	3304
adult can obtain the necessary requirements for daily living in	3305
safety. The court shall not order an adult to a hospital or public	3306
hospital as defined in section 5122.01 or a state institution as	3307
defined in section 5123.01 of the Revised Code.	3308

(F) The court shall not authorize a change in an adult's	3309
placement ordered under division (E) of this section unless it	3310
finds compelling reasons to justify a change. The parties to whom	3311
notice was given in division (B) of this section shall be given	3312
notice of a proposed change at least five working days prior to	3313
the change.	3314

(G) The adult, the board, or any other person who received	3315
notice of the petition may file a motion for modification of the	3316
court order at any time.	3317

(H) The county board shall pay court costs incurred in	3318
proceedings brought pursuant to this section. The adult shall not	3319
be required to pay for court-ordered services.	3320

(I)(1) After the filing of a complaint for an order under	3321
this section, the court, prior to the final disposition, may enter	3322
any temporary order that the court finds necessary to protect the	3323
adult with mental retardation or a developmental disability from	3324
abuse, neglect, or exploitation including, but not limited to, the	3325
following:	3326

(a) A temporary protection order;

3327

(b) An order requiring the evaluation of the adult;

3328

(c) An order requiring a party to vacate the adult's place of	3329
residence or legal settlement, provided that, subject to division	3330
(K)(1)(d) of this section, no operator of a residential facility	3331
licensed by the department may be removed under this division;	3332

(d) In the circumstances described in, and in accordance with	3333
the procedures set forth in, section 5123.191 of the Revised Code,	3334
an order of the type described in that section that appoints a	3335
receiver to take possession of and operate a residential facility	3336
licensed by the department.	3337

(2) The court may grant an ex parte order pursuant to this	3338
division on its own motion or if a party files a written motion or	3339
makes an oral motion requesting the issuance of the order and	3340
stating the reasons for it if it appears to the court that the	3341
best interest and the welfare of the adult require that the court	3342
issue the order immediately. The court, if acting on its own	3343
motion, or the person requesting the granting of an ex parte	3344
order, to the extent possible, shall give notice of its intent or	3345
of the request to all parties, the adult's legal counsel, if any,	3346
and the legal rights service. If the court issues an ex parte	3347
order, the court shall hold a hearing to review the order within	3348
seventy-two hours after it is issued or before the end of the next	3349
day after the day on which it is issued, whichever occurs first.	3350
The court shall give written notice of the hearing to all parties	3351
to the action.	3352

Sec. 5126.331. (A) A probate court, through a probate judge	3353
or magistrate, may issue by telephone an ex parte emergency order	3354
authorizing any of the actions described in division (B) of this	3355
section if all of the following are the case:	3356

(1) The court receives notice from the county board of mental	3357
retardation and developmental disabilities, or an authorized	3358
employee of the board, that the board or employee believes an	3359
emergency order is needed as described in this section.	3360

(2) The adult who is the subject of the notice is eligible to	3361
receive services or support under section 5126.041 of the Revised	3362
Code.	3363

(3) There is reasonable cause to believe that the adult is	3364
incapacitated.	3365

(4) There is reasonable cause to believe that there is a	3366
substantial risk to the adult of immediate physical harm or death.	3367

(B) An order issued under this section may authorize the	3368
county board of mental retardation and developmental disabilities	3369
to do any of the following:	3370

(1) Provide, or arrange for the provision of, emergency	3371
protective services for the adult;	3372

(2) Remove the adult from the adult's place of residence or	3373
legal settlement;	3374

(3) Remove the adult from the place where the abuse, neglect,	3375
or exploitation occurred.	3376

(C) A court shall not issue an order under this section to	3377
remove an adult from a place described in division (B)(2) or (3)	3378
of this section until the court is satisfied that reasonable	3379
efforts have been made to notify the adult and any person with	3380
whom the adult resides of the proposed removal and the reasons for	3381
it, except that, the court may issue an order prior to giving the	3382
notice if one of the following is the case:	3383

(1) Notification could jeopardize the physical or emotional	3384
safety of the adult.	3385

(2) The notification could result in the adult being removed	3386
from the court's jurisdiction.	3387

(D) An order issued under this section shall be in effect for	3388
not longer than twenty-four hours, except that if the day	3389
following the day on which the order is issued is a weekend-day or	3390
legal holiday, the order shall remain in effect until the next	3391
business day.	3392

(E)(1) Except as provided in division (E)(2) of this section,	3393
not later than twenty-four hours after an order is issued under	3394
this section, the county board or employee that provided notice to	3395
the probate court shall file a complaint with the court in	3396
accordance with division (A) of section 5126.33 of the Revised	3397
Code.	3398

(2) If the day following the day on which the order was	3399
issued is a weekend-day or a holiday, the county board or employee	3400
shall file the complaint with the probate court on the next	3401
business day.	3402

(3) Except as provided in section 5126.332 of the Revised	3403
Code, proceedings on the complaint filed pursuant to this division	3404
shall be conducted in accordance with section 5126.33 of the	3405
Revised Code.	3406

Sec. 5126.332.  (A) If an order is issued pursuant to section	3407
5126.331 of the Revised Code, the court shall hold a hearing not	3408
later than twenty-four hours after the issuance to determine	3409
whether there is probable cause for the order, except that if the	3410
day following the day on which the order is issued is a	3411
weekend-day or legal holiday, the court shall hold the hearing on	3412
the next business day.	3413

(B) At the hearing, the court:

3414

(1) Shall consider the adult's choice of residence and	3415
determine whether protective services are the least restrictive	3416
alternative available for meeting the adult's needs;	3417

(2) May issue temporary orders to protect the adult from	3418
immediate physical harm, including, but not limited to, temporary	3419
protection orders, evaluations, and orders requiring a party to	3420
vacate the adult's place of residence or legal settlement;	3421

(3) May order emergency protective services.

3422

(C) A temporary order issued pursuant to division (B)(2) of	3423
this section is effective for thirty days. The court may renew the	3424
order for an additional thirty-day period.	3425

Sec. 5126.333. Any person who has reason to believe that	3426
there is a substantial risk to an adult with mental retardation or	3427
a developmental disability of immediate physical harm or death and	3428
that the responsible county board of mental retardation and	3429
developmental disabilities has failed to seek an order pursuant to	3430
section 5126.33 or 5126.331 of the Revised Code may notify the	3431
department of mental retardation and developmental disabilities.	3432
Within twenty-four hours of receipt of such notice, the department	3433
shall cause an investigation to be conducted regarding the notice.	3434
The department shall provide assistance to the county board to	3435
provide for the health and safety of the adult as permitted by	3436
law.	3437

Section 2. That existing sections 109.572, 313.12, 2106.01,	3438
2106.02, 2107.19, 2108.50, 2109.301, 2109.32, 2113.53, 2117.06,	3439
2117.07, 2117.11, 2117.12, 2151.421, 2311.14, 2930.03, 5120.173,	3440
5123.081, 5123.50, 5123.51, 5123.61, 5123.99, 5126.28, 5126.30,	3441
and 5126.33 of the Revised Code are hereby repealed.	3442

Section 3. The Department of Mental Retardation and	3443
Developmental Disabilities shall adopt rules pursuant to Chapter	3444
119. of the Revised Code that provide standards for the	3445
substantiation by the Department and by county boards of mental	3446
retardation of reports of abuse or neglect filed under section	3447
5123.61 of the Revised Code.	3448

Section 4. That the version of section 5123.50 of the Revised	3449
Code that is scheduled to take effect on December 31, 2003, be	3450
amended to read as follows:	3451

Sec. 5123.50.  As used in this section and sections 5123.51	3452
and, 5123.52, and 5123.541 of the Revised Code:	3453

(A) "Abuse" means all of the following:

3454

(1) The use of physical force that can reasonably be expected	3455
to result in physical harm or serious physical harm;	3456

(2) Sexual abuse;

3457

(3) Verbal abuse.

3458

(B) "Misappropriation" means depriving, defrauding, or	3459
otherwise obtaining the real or personal property of an individual	3460
by any means prohibited by the Revised Code, including violations	3461
of Chapter 2911. or 2913. of the Revised Code.	3462

(C) "MR/DD employee" means all of the following:

3463

(1) An employee of the department of mental retardation and	3464
developmental disabilities;	3465

(2) An employee of a county board of mental retardation and	3466
developmental disabilities;	3467

(3) An employee in a position that includes providing	3468
specialized services to an individual with mental retardation or a	3469
another developmental disability.	3470

(D) "Neglect" means, when there is a duty to do so, failing	3471
to provide an individual with any treatment, care, goods, or	3472
services that are necessary to maintain the health and safety of	3473
the individual.	3474

(E) "Physical harm" and "serious physical harm" have the same	3475
meanings as in section 2901.01 of the Revised Code.	3476

(F) "Sexual abuse" means unlawful sexual conduct or sexual	3477
contact, as those terms are defined in section 2907.01 of the	3478
Revised Code.	3479

(G) "Specialized services" means any program or service	3480
designed and operated to serve primarily individuals with mental	3481
retardation or a developmental disability, including a program or	3482
service provided by an entity licensed or certified by the	3483
department of mental retardation and developmental disabilities. A	3484
program or service available to the general public is not a	3485
specialized service.	3486

(H) "Verbal abuse" means purposely using words to threaten,	3487
coerce, intimidate, harass, or humiliate an individual.	3488

(I) "Sexual conduct," "sexual contact," and "spouse" have the	3489
same meanings as in section 2907.01 of the Revised Code.	3490

Section 5. That the existing version of section 5123.50 of	3491
the Revised Code that is scheduled to take effect on December 31,	3492
2003, is hereby repealed.	3493

Section 6. Sections 4 and 5 of this act shall take effect	3494
December 31, 2003.	3495

Section 7. Section 109.572 of the Revised Code is presented	3496
in this act as a composite of the section as amended by both Sub.	3497
H.B. 448 and Sub. H.B. 538 of the 123rd General Assembly. Section	3498
2151.421 of the Revised Code is presented in this act as a	3499
composite of the section as amended by Am. Sub. H.B. 374, Sub.	3500
H.B. 510, and Am. Sub. S.B. 221 all of the 124th General Assembly.	3501
Section 5126.28 of the Revised Code is presented in this act as a	3502
composite of the section as amended by both Sub. H.B. 538 and Sub.	3503
S.B. 171 of the 123rd General Assembly. The General Assembly,	3504
applying the principle stated in division (B) of section 1.52 of	3505
the Revised Code that amendments are to be harmonized if	3506
reasonably capable of simultaneous operation, finds that the	3507
composites are the resulting versions of the sections in effect	3508
prior to the effective date of the sections as presented in this	3509
act.	3510

Section 8. (A) Sections 2106.01, 2106.02, 2107.19, 2109.301,	3511
2109.32, 2113.53, 2117.06, 2117.07, 2117.11, and 2117.12 of the	3512
Revised Code, as amended by this act, apply to estates that are in	3513
existence or are initiated on or after the effective date of this	3514
act.	3515

(B) Section 2101.163 of the Revised Code, as enacted by this	3516
act, applies to civil actions and proceedings that are pending in	3517
or brought before the probate court on or after the effective date	3518
of this act.	3519

Section 9. It is hereby declared that it was the intent of	3520
the General Assembly that the sections of the Revised Code	3521
described in Section 2 of Sub. H.B. 85 of the 124th General	3522
Assembly were to be repealed effective December 31, 2001, to	3523
coincide with Section 5 of Sub. H.B. 85 of the 124th General	3524
Assembly, and that the repeal of such Revised Code sections in	3525
Section 2 of Sub. H.B. 85 of the 124th General Assembly was not to	3526
be effective October 31, 2001.	3527