REPRESENTATIVES Allen, Aslanides, Brown, Calvert, Carmichael, Cates, Clancy, Collier, Core, Daniels, DeBose, Domenick, Driehaus, C. Evans, D. Evans, Faber, Fessler, Flowers, Gibbs, Gilb, Grendell, Hagan, Hollister, Hughes, Kearns, Key, Kilbane, Martin, McGregor, Niehaus, Oelslager, Olman, S. Patton, T. Patton, Peterson, Price, Raga, Raussen, Redfern, Reidelbach, Reinhard, Schaffer, Schlichter, Schmidt, Schneider, Seitz, Setzer, J. Stewart, Strahorn, Taylor, Wagner, Walcher, Webster, Widener, Willamowski, Williams

To amend sections 109.572, 313.12, 2108.50, 2151.421,

1

2311.14, 2930.03, 5120.173, 5123.081, 5123.50,

2

5123.51, 5123.61, 5123.99, 5126.28, 5126.30, and

3

5126.33 and to enact sections 2108.521, 2152.821,

4

2903.341, 2930.061, 2945.482, 2945.491, 5123.032,

5

5123.541, 5123.542, 5123.614, 5126.058, 5126.331,

6

5126.332, and 5126.333 of the Revised Code to

7

implement the recommendations of the MR/DD Victims

8

of Crime Task Force, to make related changes in

9

the law, to provide a mechanism for the closing of

10

developmental centers of the Department of Mental

11

Retardation and Developmental Disabilities that

12

involves independent studies and public hearings,

13

and to declare an emergency.

14

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

Section 1. That sections 109.572, 313.12, 2108.50, 2151.421,	15
2311.14, 2930.03, 5120.173, 5123.081, 5123.50, 5123.51, 5123.61,	16
5123.99, 5126.28, 5126.30, and 5126.33 be amended and sections	17
2108.521, 2152.821, 2903.341, 2930.061, 2945.482, 2945.491,	18
5123.032, 5123.541, 5123.542, 5123.614, 5126.058, 5126.331,	19
5126.332, and 5126.333 of the Revised Code be enacted to read as	20
follows:	21

Sec. 109.572. (A)(1) Upon receipt of a request pursuant to	22
section 2151.86, 3301.32, 3301.541, 3319.39, 5104.012, 5104.013,	23
or 5153.111 of the Revised Code, a completed form prescribed	24
pursuant to division (C)(1) of this section, and a set of	25
fingerprint impressions obtained in the manner described in	26
division (C)(2) of this section, the superintendent of the bureau	27
of criminal identification and investigation shall conduct a	28
criminal records check in the manner described in division (B) of	29
this section to determine whether any information exists that	30
indicates that the person who is the subject of the request	31
previously has been convicted of or pleaded guilty to any of the	32
following:	33

(a) A violation of section 2903.01, 2903.02, 2903.03,	34
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	35
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,	36
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,	37
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01,	38
2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25,	39
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05,	40
2925.06, or 3716.11 of the Revised Code, felonious sexual	41
penetration in violation of former section 2907.12 of the Revised	42
Code, a violation of section 2905.04 of the Revised Code as it	43
existed prior to July 1, 1996, a violation of section 2919.23 of	44
the Revised Code that would have been a violation of section	45
2905.04 of the Revised Code as it existed prior to July 1, 1996,	46
had the violation been committed prior to that date, or a	47
violation of section 2925.11 of the Revised Code that is not a	48
minor drug possession offense;	49

(b) A violation of an existing or former law of this state,	50
any other state, or the United States that is substantially	51
equivalent to any of the offenses listed in division (A)(1)(a) of	52
this section.	53

(2) On receipt of a request pursuant to section 5123.081 of	54
the Revised Code with respect to an applicant for employment in	55
any position with the department of mental retardation and	56
developmental disabilities, pursuant to section 5126.28 of the	57
Revised Code with respect to an applicant for employment in any	58
position with a county board of mental retardation and	59
developmental disabilities, or pursuant to section 5126.281 of the	60
Revised Code with respect to an applicant for employment in a	61
direct services position with an entity contracting with a county	62
board for employment, a completed form prescribed pursuant to	63
division (C)(1) of this section, and a set of fingerprint	64
impressions obtained in the manner described in division (C)(2) of	65
this section, the superintendent of the bureau of criminal	66
identification and investigation shall conduct a criminal records	67
check. The superintendent shall conduct the criminal records check	68
in the manner described in division (B) of this section to	69
determine whether any information exists that indicates that the	70
person who is the subject of the request has been convicted of or	71
pleaded guilty to any of the following:	72

(a) A violation of section 2903.01, 2903.02, 2903.03,	73
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	74
2903.341, 2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03,	75
2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12,	76
2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321,	77
2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12,	78
2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02,	79
2925.03, or 3716.11 of the Revised Code;	80

(b) An existing or former municipal ordinance or law of this	81
state, any other state, or the United States that is substantially	82
equivalent to any of the offenses listed in division (A)(2)(a) of	83
this section.	84

(3) On receipt of a request pursuant to section 173.41,	85
3712.09, 3721.121, or 3722.151 of the Revised Code, a completed	86
form prescribed pursuant to division (C)(1) of this section, and a	87
set of fingerprint impressions obtained in the manner described in	88
division (C)(2) of this section, the superintendent of the bureau	89
of criminal identification and investigation shall conduct a	90
criminal records check with respect to any person who has applied	91
for employment in a position that involves providing direct care	92
to an older adult. The superintendent shall conduct the criminal	93
records check in the manner described in division (B) of this	94
section to determine whether any information exists that indicates	95
that the person who is the subject of the request previously has	96
been convicted of or pleaded guilty to any of the following:	97

(a) A violation of section 2903.01, 2903.02, 2903.03,	98
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	99
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,	100
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,	101
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,	102
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,	103
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,	104
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,	105
2925.22, 2925.23, or 3716.11 of the Revised Code;	106

(b) An existing or former law of this state, any other state,	107
or the United States that is substantially equivalent to any of	108
the offenses listed in division (A)(3)(a) of this section.	109

(4) On receipt of a request pursuant to section 3701.881 of	110
the Revised Code with respect to an applicant for employment with	111
a home health agency as a person responsible for the care,	112
custody, or control of a child, a completed form prescribed	113
pursuant to division (C)(1) of this section, and a set of	114
fingerprint impressions obtained in the manner described in	115
division (C)(2) of this section, the superintendent of the bureau	116
of criminal identification and investigation shall conduct a	117
criminal records check. The superintendent shall conduct the	118
criminal records check in the manner described in division (B) of	119
this section to determine whether any information exists that	120
indicates that the person who is the subject of the request	121
previously has been convicted of or pleaded guilty to any of the	122
following:	123

(a) A violation of section 2903.01, 2903.02, 2903.03,	124
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	125
2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03, 2907.04,	126
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.21,	127
2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322,	128
2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22,	129
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03,	130
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code or a	131
violation of section 2925.11 of the Revised Code that is not a	132
minor drug possession offense;	133

(b) An existing or former law of this state, any other state,	134
or the United States that is substantially equivalent to any of	135
the offenses listed in division (A)(4)(a) of this section.	136

(5) On receipt of a request pursuant to section 5111.95 or	137
5111.96 of the Revised Code with respect to an applicant for	138
employment with a waiver agency participating in a department of	139
job and family services administered home and community-based	140
waiver program or an independent provider participating in a	141
department administered home and community-based waiver program in	142
a position that involves providing home and community-based waiver	143
services to consumers with disabilities, a completed form	144
prescribed pursuant to division (C)(1) of this section, and a set	145
of fingerprint impressions obtained in the manner described in	146
division (C)(2) of this section, the superintendent of the bureau	147
of criminal identification and investigation shall conduct a	148
criminal records check. The superintendent shall conduct the	149
criminal records check in the manner described in division (B) of	150
this section to determine whether any information exists that	151
indicates that the person who is the subject of the request	152
previously has been convicted of or pleaded guilty to any of the	153
following:	154

(a) A violation of section 2903.01, 2903.02, 2903.03,	155
2903.04, 2903.041, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21,	156
2903.34, 2905.01, 2905.02, 2905.05, 2905.11, 2905.12, 2907.02,	157
2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09,	158
2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321,	159
2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2911.13,	160
2913.02, 2913.03, 2913.04, 2913.11, 2913.21, 2913.31, 2913.40,	161
2913.43, 2913.47, 2913.51, 2919.12, 2919.24, 2919.25, 2921.36,	162
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05,	163
2925.06, 2925.11, 2925.13, 2925.22, 2925.23, or 3716.11 of the	164
Revised Code, felonious sexual penetration in violation of former	165
section 2907.12 of the Revised Code, a violation of section	166
2905.04 of the Revised Code as it existed prior to July 1, 1996, a	167
violation of section 2919.23 of the Revised Code that would have	168
been a violation of section 2905.04 of the Revised Code as it	169
existed prior to July 1, 1996, had the violation been committed	170
prior to that date;	171

(b) An existing or former law of this state, any other state,	172
or the United States that is substantially equivalent to any of	173
the offenses listed in division (A)(5)(a) of this section.	174

(6) On receipt of a request pursuant to section 3701.881 of	175
the Revised Code with respect to an applicant for employment with	176
a home health agency in a position that involves providing direct	177
care to an older adult, a completed form prescribed pursuant to	178
division (C)(1) of this section, and a set of fingerprint	179
impressions obtained in the manner described in division (C)(2) of	180
this section, the superintendent of the bureau of criminal	181
identification and investigation shall conduct a criminal records	182
check. The superintendent shall conduct the criminal records check	183
in the manner described in division (B) of this section to	184
determine whether any information exists that indicates that the	185
person who is the subject of the request previously has been	186
convicted of or pleaded guilty to any of the following:	187

(a) A violation of section 2903.01, 2903.02, 2903.03,	188
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	189
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,	190
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,	191
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,	192
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,	193
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,	194
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,	195
2925.22, 2925.23, or 3716.11 of the Revised Code;	196

(b) An existing or former law of this state, any other state,	197
or the United States that is substantially equivalent to any of	198
the offenses listed in division (A)(6)(a) of this section.	199

(7) When conducting a criminal records check upon a request	200
pursuant to section 3319.39 of the Revised Code for an applicant	201
who is a teacher, in addition to the determination made under	202
division (A)(1) of this section, the superintendent shall	203
determine whether any information exists that indicates that the	204
person who is the subject of the request previously has been	205
convicted of or pleaded guilty to any offense specified in section	206
3319.31 of the Revised Code.	207

(8) When conducting a criminal records check on a request	208
pursuant to section 2151.86 of the Revised Code for a person who	209
is a prospective foster caregiver or who is eighteen years old or	210
older and resides in the home of a prospective foster caregiver,	211
the superintendent, in addition to the determination made under	212
division (A)(1) of this section, shall determine whether any	213
information exists that indicates that the person has been	214
convicted of or pleaded guilty to a violation of:	215

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

216

(b) An existing or former law of this state, any other state,	217
or the United States that is substantially equivalent to section	218
2909.02 or 2909.03 of the Revised Code.	219

(9) Not later than thirty days after the date the	220
superintendent receives the request, completed form, and	221
fingerprint impressions, the superintendent shall send the person,	222
board, or entity that made the request any information, other than	223
information the dissemination of which is prohibited by federal	224
law, the superintendent determines exists with respect to the	225
person who is the subject of the request that indicates that the	226
person previously has been convicted of or pleaded guilty to any	227
offense listed or described in division (A)(1), (2), (3), (4),	228
(5), (6), (7), or (8) of this section, as appropriate. The	229
superintendent shall send the person, board, or entity that made	230
the request a copy of the list of offenses specified in division	231
(A)(1), (2), (3), (4), (5), (6), (7), or (8) of this section, as	232
appropriate. If the request was made under section 3701.881 of the	233
Revised Code with regard to an applicant who may be both	234
responsible for the care, custody, or control of a child and	235
involved in providing direct care to an older adult, the	236
superintendent shall provide a list of the offenses specified in	237
divisions (A)(4) and (6) of this section.	238

(B) The superintendent shall conduct any criminal records	239
check requested under section 173.41, 2151.86, 3301.32, 3301.541,	240
3319.39, 3701.881, 3712.09, 3721.121, 3722.151, 5104.012,	241
5104.013, 5111.95, 5111.96, 5123.081, 5126.28, 5126.281, or	242
5153.111 of the Revised Code as follows:	243

(1) The superintendent shall review or cause to be reviewed	244
any relevant information gathered and compiled by the bureau under	245
division (A) of section 109.57 of the Revised Code that relates to	246
the person who is the subject of the request, including any	247
relevant information contained in records that have been sealed	248
under section 2953.32 of the Revised Code;	249

(2) If the request received by the superintendent asks for	250
information from the federal bureau of investigation, the	251
superintendent shall request from the federal bureau of	252
investigation any information it has with respect to the person	253
who is the subject of the request and shall review or cause to be	254
reviewed any information the superintendent receives from that	255
bureau.	256

(C)(1) The superintendent shall prescribe a form to obtain	257
the information necessary to conduct a criminal records check from	258
any person for whom a criminal records check is required by	259
section 173.41, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881,	260
3712.09, 3721.121, 3722.151, 5104.012, 5104.013, 5111.95, 5111.96,	261
5123.081, 5126.28, 5126.281, or 5153.111 of the Revised Code. The	262
form that the superintendent prescribes pursuant to this division	263
may be in a tangible format, in an electronic format, or in both	264
tangible and electronic formats.	265

(2) The superintendent shall prescribe standard impression	266
sheets to obtain the fingerprint impressions of any person for	267
whom a criminal records check is required by section 173.41,	268
2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 3721.121,	269
3722.151, 5104.012, 5104.013, 5111.95, 5111.96, 5123.081, 5126.28,	270
5126.281, or 5153.111 of the Revised Code. Any person for whom a	271
records check is required by any of those sections shall obtain	272
the fingerprint impressions at a county sheriff's office,	273
municipal police department, or any other entity with the ability	274
to make fingerprint impressions on the standard impression sheets	275
prescribed by the superintendent. The office, department, or	276
entity may charge the person a reasonable fee for making the	277
impressions. The standard impression sheets the superintendent	278
prescribes pursuant to this division may be in a tangible format,	279
in an electronic format, or in both tangible and electronic	280
formats.	281

(3) Subject to division (D) of this section, the	282
superintendent shall prescribe and charge a reasonable fee for	283
providing a criminal records check requested under section 173.41,	284
2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 3721.121,	285
3722.151, 5104.012, 5104.013, 5111.95, 5111.96, 5123.081, 5126.28,	286
5126.281, or 5153.111 of the Revised Code. The person making a	287
criminal records request under section 173.41, 2151.86, 3301.32,	288
3301.541, 3319.39, 3701.881, 3712.09, 3721.121, 3722.151,	289
5104.012, 5104.013, 5111.95, 5111.96, 5123.081, 5126.28, 5126.281,	290
or 5153.111 of the Revised Code shall pay the fee prescribed	291
pursuant to this division. A person making a request under section	292
3701.881 of the Revised Code for a criminal records check for an	293
applicant who may be both responsible for the care, custody, or	294
control of a child and involved in providing direct care to an	295
older adult shall pay one fee for the request.	296

(4) The superintendent of the bureau of criminal	297
identification and investigation may prescribe methods of	298
forwarding fingerprint impressions and information necessary to	299
conduct a criminal records check, which methods shall include, but	300
not be limited to, an electronic method.	301

(D) A determination whether any information exists that	302
indicates that a person previously has been convicted of or	303
pleaded guilty to any offense listed or described in division	304
(A)(1)(a) or (b), (A)(2)(a) or (b), (A)(3)(a) or (b), (A)(4)(a) or	305
(b), (A)(5)(a) or (b), (A)(6), (A)(7)(a) or (b), or (A)(8)(a) or	306
(b) of this section that is made by the superintendent with	307
respect to information considered in a criminal records check in	308
accordance with this section is valid for the person who is the	309
subject of the criminal records check for a period of one year	310
from the date upon which the superintendent makes the	311
determination. During the period in which the determination in	312
regard to a person is valid, if another request under this section	313
is made for a criminal records check for that person, the	314
superintendent shall provide the information that is the basis for	315
the superintendent's initial determination at a lower fee than the	316
fee prescribed for the initial criminal records check.	317

(E) As used in this section:

318

(1) "Criminal records check" means any criminal records check	319
conducted by the superintendent of the bureau of criminal	320
identification and investigation in accordance with division (B)	321
of this section.	322

(2) "Home and community-based waiver services" and "waiver	323
agency" have the same meanings as in section 5111.95 of the	324
Revised Code.	325

(3) "Independent provider" has the same meaning as in section	326
5111.96 of the Revised Code.	327

(4) "Minor drug possession offense" has the same meaning as	328
in section 2925.01 of the Revised Code.	329

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

330

Sec. 313.12. (A) When any person dies as a result of criminal	331
or other violent means, by casualty, by suicide, or in any	332
suspicious or unusual manner, or when any person, including a	333
child under two years of age, dies suddenly when in apparent good	334
health, or when any mentally retarded person or developmentally	335
disabled person dies regardless of the circumstances, the	336
physician called in attendance, or any member of an ambulance	337
service, emergency squad, or law enforcement agency who obtains	338
knowledge thereof arising from histhe person's duties, shall	339
immediately notify the office of the coroner of the known facts	340
concerning the time, place, manner, and circumstances of the	341
death, and any other information whichthat is required pursuant	342
to sections 313.01 to 313.22 of the Revised Code. In such cases,	343
if a request is made for cremation, the funeral director called in	344
attendance shall immediately notify the coroner.	345

(B) As used in this section, "mentally retarded person" and	346
"developmentally disabled person" have the same meanings as in	347
section 5123.01 of the Revised Code.	348

Sec. 2108.50.  (A) AnSubject to section 2108.521 of the	349
Revised Code, an autopsy or post-mortem examination may be	350
performed upon the body of a deceased person by a licensed	351
physician or surgeon if consent has been given in the order named	352
by one of the following persons of sound mind and eighteen years	353
of age or older in a written instrument executed by the person or	354
on the person's behalf at the person's express direction:	355

(1) The deceased person during the deceased person's	356
lifetime;	357

(2) The decedent's spouse;

358

(3) If there is no surviving spouse, if the address of the	359
surviving spouse is unknown or outside the United States, if the	360
surviving spouse is physically or mentally unable or incapable of	361
giving consent, or if the deceased person was separated and living	362
apart from such surviving spouse, then a person having the first	363
named degree of relationship in the following list in which a	364
relative of the deceased person survives and is physically and	365
mentally able and capable of giving consent may execute consent:	366

(a) Children;

367

(b) Parents;

368

(c) Brothers or sisters.

369

(4) If there are no surviving persons of any degree of	370
relationship listed in division (A)(3) of this section, any other	371
relative or person who assumes custody of the body for burial.;	372

(5) A person authorized by written instrument executed by the	373
deceased person to make arrangements for burial.;	374

(6) A person who, at the time of death of the deceased	375
person, was serving as guardian of the person for the deceased	376
person.	377

(B) Consent to an autopsy or post-mortem examination given	378
under this section may be revoked only by the person executing the	379
consent and in the same manner as required for execution of	380
consent under this section.	381

(C) As used in this section, "written instrument" includes a	382
telegram or cablegram.	383

Sec. 2108.521.  (A) If a mentally retarded person or a	384
developmentally disabled person dies, if the department of mental	385
retardation and developmental disabilities or a county board of	386
mental retardation and developmental disabilities has a good faith	387
reason to believe that the deceased person's death occurred under	388
suspicious circumstances, if the coroner was apprised of the	389
circumstances of the death, and if the coroner after being so	390
apprised of the circumstances declines to conduct an autopsy, the	391
department or the board may file a petition in a court of common	392
pleas seeking an order authorizing an autopsy or post-mortem	393
examination under this section.	394

(B) Upon the filing of a petition under division (A) of this	395
section, the court may conduct, but is not required to conduct, a	396
hearing on the petition. The court may determine whether to grant	397
the petition without a hearing. The department or board, and all	398
other interested parties, may submit information and statements to	399
the court that are relevant to the petition, and, if the court	400
conducts a hearing, may present evidence and testimony at the	401
hearing. The court shall order the requested autopsy or	402
post-mortem examination if it finds that, under the circumstances,	403
the department or board has demonstrated a need for the autopsy or	404
post-mortem examination. The court shall order an autopsy or	405
post-mortem examination in the circumstances specified in this	406
division regardless of whether any consent has been given, or has	407
been given and withdrawn, under section 2108.50 of the Revised	408
Code, and regardless of whether any information was presented to	409
the coroner pursuant to section 313.131 of the Revised Code or to	410
the court under this section regarding an autopsy being contrary	411
to the deceased person's religious beliefs.	412

(C) An autopsy or post-mortem examination ordered under this	413
section may be performed upon the body of the deceased person by a	414
licensed physician or surgeon. The court may identify in the order	415
the person who is to perform the autopsy or post-mortem	416
examination. If an autopsy or post-mortem examination is ordered	417
under this section, the department or board that requested the	418
autopsy or examination shall pay the physician or surgeon who	419
performs the autopsy or examination for costs and expenses	420
incurred in performing the autopsy or examination.	421

Sec. 2151.421.  (A)(1)(a) No person described in division	422
(A)(1)(b) of this section who is acting in an official or	423
professional capacity and knows or suspects that a child under	424
eighteen years of age or a mentally retarded, developmentally	425
disabled, or physically impaired child under twenty-one years of	426
age has suffered or faces a threat of suffering any physical or	427
mental wound, injury, disability, or condition of a nature that	428
reasonably indicates abuse or neglect of the child, shall fail to	429
immediately report that knowledge or suspicion to the entity or	430
persons specified in this division. Except as provided in section	431
5120.173 of the Revised Code, the person making the report shall	432
make it to the public children services agency or a municipal or	433
county peace officer in the county in which the child resides or	434
in which the abuse or neglect is occurring or has occurred. In the	435
circumstances described in section 5120.173 of the Revised Code,	436
the person making the report shall make it to the entity specified	437
in that section.	438

(b) Division (A)(1)(a) of this section applies to any person	439
who is an attorney; physician, including a hospital intern or	440
resident; dentist; podiatrist; practitioner of a limited branch of	441
medicine as specified in section 4731.15 of the Revised Code;	442
registered nurse; licensed practical nurse; visiting nurse; other	443
health care professional; licensed psychologist; licensed school	444
psychologist; independent marriage and family therapist or	445
marriage and family therapist; speech pathologist or audiologist;	446
coroner; administrator or employee of a child day-care center;	447
administrator or employee of a residential camp or child day camp;	448
administrator or employee of a certified child care agency or	449
other public or private children services agency; school teacher;	450
school employee; school authority; person engaged in social work	451
or the practice of professional counseling; agent of a county	452
humane society; or a person rendering spiritual treatment through	453
prayer in accordance with the tenets of a well-recognized	454
religion; superintendent, board member, or employee of a county	455
board of mental retardation; investigative agent contracted with	456
by a county board of mental retardation; or employee of the	457
department of mental retardation and developmental disabilities.	458

(2) An attorney or a physician is not required to make a	459
report pursuant to division (A)(1) of this section concerning any	460
communication the attorney or physician receives from a client or	461
patient in an attorney-client or physician-patient relationship,	462
if, in accordance with division (A) or (B) of section 2317.02 of	463
the Revised Code, the attorney or physician could not testify with	464
respect to that communication in a civil or criminal proceeding,	465
except that the client or patient is deemed to have waived any	466
testimonial privilege under division (A) or (B) of section 2317.02	467
of the Revised Code with respect to that communication and the	468
attorney or physician shall make a report pursuant to division	469
(A)(1) of this section with respect to that communication, if all	470
of the following apply:	471

(a) The client or patient, at the time of the communication,	472
is either a child under eighteen years of age or a mentally	473
retarded, developmentally disabled, or physically impaired person	474
under twenty-one years of age.	475

(b) The attorney or physician knows or suspects, as a result	476
of the communication or any observations made during that	477
communication, that the client or patient has suffered or faces a	478
threat of suffering any physical or mental wound, injury,	479
disability, or condition of a nature that reasonably indicates	480
abuse or neglect of the client or patient.	481

(c) The attorney-client or physician-patient relationship	482
does not arise out of the client's or patient's attempt to have an	483
abortion without the notification of her parents, guardian, or	484
custodian in accordance with section 2151.85 of the Revised Code.	485

(B) Anyone, who knows or suspects that a child under eighteen	486
years of age or a mentally retarded, developmentally disabled, or	487
physically impaired person under twenty-one years of age has	488
suffered or faces a threat of suffering any physical or mental	489
wound, injury, disability, or other condition of a nature that	490
reasonably indicates abuse or neglect of the child may report or	491
cause reports to be made of that knowledge or suspicion to the	492
entity or persons specified in this division. Except as provided	493
in section 5120.173 of the Revised Code, a person making a report	494
or causing a report to be made under this division shall make it	495
or cause it to be made to the public children services agency or	496
to a municipal or county peace officer. In the circumstances	497
described in section 5120.173 of the Revised Code, a person making	498
a report or causing a report to be made under this division shall	499
make it or cause it to be made to the entity specified in that	500
section.	501

(C) Any report made pursuant to division (A) or (B) of this	502
section shall be made forthwith either by telephone or in person	503
and shall be followed by a written report, if requested by the	504
receiving agency or officer. The written report shall contain:	505

(1) The names and addresses of the child and the child's	506
parents or the person or persons having custody of the child, if	507
known;	508

(2) The child's age and the nature and extent of the child's	509
known or suspected injuries, abuse, or neglect or of the known or	510
suspected threat of injury, abuse, or neglect, including any	511
evidence of previous injuries, abuse, or neglect;	512

(3) Any other information that might be helpful in	513
establishing the cause of the known or suspected injury, abuse, or	514
neglect or of the known or suspected threat of injury, abuse, or	515
neglect.	516

Any person, who is required by division (A) of this section	517
to report known or suspected child abuse or child neglect, may	518
take or cause to be taken color photographs of areas of trauma	519
visible on a child and, if medically indicated, cause to be	520
performed radiological examinations of the child.	521

(D)(1) When a municipal or county peace officer receives a	522
report concerning the possible abuse or neglect of a child or the	523
possible threat of abuse or neglect of a child, upon receipt of	524
the report, the municipal or county peace officer who receives the	525
report shall refer the report to the appropriate public children	526
services agency.	527

(2) When a public children services agency receives a report	528
pursuant to this division or division (A) or (B) of this section,	529
upon receipt of the report, the public children services agency	530
shall comply with section 2151.422 of the Revised Code.	531

(E) No township, municipal, or county peace officer shall	532
remove a child about whom a report is made pursuant to this	533
section from the child's parents, stepparents, or guardian or any	534
other persons having custody of the child without consultation	535
with the public children services agency, unless, in the judgment	536
of the officer, and, if the report was made by physician, the	537
physician, immediate removal is considered essential to protect	538
the child from further abuse or neglect. The agency that must be	539
consulted shall be the agency conducting the investigation of the	540
report as determined pursuant to section 2151.422 of the Revised	541
Code.	542

(F)(1) Except as provided in section 2151.422 of the Revised	543
Code, the public children services agency shall investigate,	544
within twenty-four hours, each report of known or suspected child	545
abuse or child neglect and of a known or suspected threat of child	546
abuse or child neglect that is referred to it under this section	547
to determine the circumstances surrounding the injuries, abuse, or	548
neglect or the threat of injury, abuse, or neglect, the cause of	549
the injuries, abuse, neglect, or threat, and the person or persons	550
responsible. The investigation shall be made in cooperation with	551
the law enforcement agency and in accordance with the memorandum	552
of understanding prepared under division (J) of this section. A	553
failure to make the investigation in accordance with the	554
memorandum is not grounds for, and shall not result in, the	555
dismissal of any charges or complaint arising from the report or	556
the suppression of any evidence obtained as a result of the report	557
and does not give, and shall not be construed as giving, any	558
rights or any grounds for appeal or post-conviction relief to any	559
person. The public children services agency shall report each case	560
to a central registry which the department of job and family	561
services shall maintain in order to determine whether prior	562
reports have been made in other counties concerning the child or	563
other principals in the case. The public children services agency	564
shall submit a report of its investigation, in writing, to the law	565
enforcement agency.	566

(2) The public children services agency shall make any	567
recommendations to the county prosecuting attorney or city	568
director of law that it considers necessary to protect any	569
children that are brought to its attention.	570

(G)(1)(a) Except as provided in division (H)(3) of this	571
section, anyone or any hospital, institution, school, health	572
department, or agency participating in the making of reports under	573
division (A) of this section, anyone or any hospital, institution,	574
school, health department, or agency participating in good faith	575
in the making of reports under division (B) of this section, and	576
anyone participating in good faith in a judicial proceeding	577
resulting from the reports, shall be immune from any civil or	578
criminal liability for injury, death, or loss to person or	579
property that otherwise might be incurred or imposed as a result	580
of the making of the reports or the participation in the judicial	581
proceeding.	582

(b) Notwithstanding section 4731.22 of the Revised Code, the	583
physician-patient privilege shall not be a ground for excluding	584
evidence regarding a child's injuries, abuse, or neglect, or the	585
cause of the injuries, abuse, or neglect in any judicial	586
proceeding resulting from a report submitted pursuant to this	587
section.	588

(2) In any civil or criminal action or proceeding in which it	589
is alleged and proved that participation in the making of a report	590
under this section was not in good faith or participation in a	591
judicial proceeding resulting from a report made under this	592
section was not in good faith, the court shall award the	593
prevailing party reasonable attorney's fees and costs and, if a	594
civil action or proceeding is voluntarily dismissed, may award	595
reasonable attorney's fees and costs to the party against whom the	596
civil action or proceeding is brought.	597

(H)(1) Except as provided in divisions (H)(4), (M), and (N)	598
of this section, a report made under this section is confidential.	599
The information provided in a report made pursuant to this section	600
and the name of the person who made the report shall not be	601
released for use, and shall not be used, as evidence in any civil	602
action or proceeding brought against the person who made the	603
report. In a criminal proceeding, the report is admissible in	604
evidence in accordance with the Rules of Evidence and is subject	605
to discovery in accordance with the Rules of Criminal Procedure.	606

(2) No person shall permit or encourage the unauthorized	607
dissemination of the contents of any report made under this	608
section.	609

(3) A person who knowingly makes or causes another person to	610
make a false report under division (B) of this section that	611
alleges that any person has committed an act or omission that	612
resulted in a child being an abused child or a neglected child is	613
guilty of a violation of section 2921.14 of the Revised Code.	614

(4) If a report is made pursuant to division (A) or (B) of	615
this section and the child who is the subject of the report dies	616
for any reason at any time after the report is made, but before	617
the child attains eighteen years of age, the public children	618
services agency or municipal or county peace officer to which the	619
report was made or referred, on the request of the child fatality	620
review board, shall submit a summary sheet of information	621
providing a summary of the report to the review board of the	622
county in which the deceased child resided at the time of death.	623
On the request of the review board, the agency or peace officer	624
may, at its discretion, make the report available to the review	625
board.	626

(5) A public children services agency shall advise a person	627
alleged to have inflicted abuse or neglect on a child who is the	628
subject of a report made pursuant to this section in writing of	629
the disposition of the investigation. The agency shall not provide	630
to the person any information that identifies the person who made	631
the report, statements of witnesses, or police or other	632
investigative reports.	633

(I) Any report that is required by this section, other than a	634
report that is made to the state highway patrol as described in	635
section 5120.173 of the Revised Code, shall result in protective	636
services and emergency supportive services being made available by	637
the public children services agency on behalf of the children	638
about whom the report is made, in an effort to prevent further	639
neglect or abuse, to enhance their welfare, and, whenever	640
possible, to preserve the family unit intact. The agency required	641
to provide the services shall be the agency conducting the	642
investigation of the report pursuant to section 2151.422 of the	643
Revised Code.	644

(J)(1) Each public children services agency shall prepare a	645
memorandum of understanding that is signed by all of the	646
following:	647

(a) If there is only one juvenile judge in the county, the	648
juvenile judge of the county or the juvenile judge's	649
representative;	650

(b) If there is more than one juvenile judge in the county, a	651
juvenile judge or the juvenile judges' representative selected by	652
the juvenile judges or, if they are unable to do so for any	653
reason, the juvenile judge who is senior in point of service or	654
the senior juvenile judge's representative;	655

(c) The county peace officer;

656

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

657

(e) Other law enforcement officers handling child abuse and	658
neglect cases in the county;	659

(f) The prosecuting attorney of the county;

660

(g) If the public children services agency is not the county	661
department of job and family services, the county department of	662
job and family services;	663

(h) The county humane society.

664

(2) A memorandum of understanding shall set forth the normal	665
operating procedure to be employed by all concerned officials in	666
the execution of their respective responsibilities under this	667
section and division (C) of section 2919.21, division (B)(1) of	668
section 2919.22, division (B) of section 2919.23, and section	669
2919.24 of the Revised Code and shall have as two of its primary	670
goals the elimination of all unnecessary interviews of children	671
who are the subject of reports made pursuant to division (A) or	672
(B) of this section and, when feasible, providing for only one	673
interview of a child who is the subject of any report made	674
pursuant to division (A) or (B) of this section. A failure to	675
follow the procedure set forth in the memorandum by the concerned	676
officials is not grounds for, and shall not result in, the	677
dismissal of any charges or complaint arising from any reported	678
case of abuse or neglect or the suppression of any evidence	679
obtained as a result of any reported child abuse or child neglect	680
and does not give, and shall not be construed as giving, any	681
rights or any grounds for appeal or post-conviction relief to any	682
person.	683

(3) A memorandum of understanding shall include all of the	684
following:	685

(a) The roles and responsibilities for handling emergency and	686
nonemergency cases of abuse and neglect;	687

(b) Standards and procedures to be used in handling and	688
coordinating investigations of reported cases of child abuse and	689
reported cases of child neglect, methods to be used in	690
interviewing the child who is the subject of the report and who	691
allegedly was abused or neglected, and standards and procedures	692
addressing the categories of persons who may interview the child	693
who is the subject of the report and who allegedly was abused or	694
neglected.	695

(K)(1) Except as provided in division (K)(4) of this section,	696
a person who is required to make a report pursuant to division (A)	697
of this section may make a reasonable number of requests of the	698
public children services agency that receives or is referred the	699
report to be provided with the following information:	700

(a) Whether the agency has initiated an investigation of the	701
report;	702

(b) Whether the agency is continuing to investigate the	703
report;	704

(c) Whether the agency is otherwise involved with the child	705
who is the subject of the report;	706

(d) The general status of the health and safety of the child	707
who is the subject of the report;	708

(e) Whether the report has resulted in the filing of a	709
complaint in juvenile court or of criminal charges in another	710
court.	711

(2) A person may request the information specified in	712
division (K)(1) of this section only if, at the time the report is	713
made, the person's name, address, and telephone number are	714
provided to the person who receives the report.	715

When a municipal or county peace officer or employee of a	716
public children services agency receives a report pursuant to	717
division (A) or (B) of this section the recipient of the report	718
shall inform the person of the right to request the information	719
described in division (K)(1) of this section. The recipient of the	720
report shall include in the initial child abuse or child neglect	721
report that the person making the report was so informed and, if	722
provided at the time of the making of the report, shall include	723
the person's name, address, and telephone number in the report.	724

Each request is subject to verification of the identity of	725
the person making the report. If that person's identity is	726
verified, the agency shall provide the person with the information	727
described in division (K)(1) of this section a reasonable number	728
of times, except that the agency shall not disclose any	729
confidential information regarding the child who is the subject of	730
the report other than the information described in those	731
divisions.	732

(3) A request made pursuant to division (K)(1) of this	733
section is not a substitute for any report required to be made	734
pursuant to division (A) of this section.	735

(4) If an agency other than the agency that received or was	736
referred the report is conducting the investigation of the report	737
pursuant to section 2151.422 of the Revised Code, the agency	738
conducting the investigation shall comply with the requirements of	739
division (K) of this section.	740

(L) The director of job and family services shall adopt rules	741
in accordance with Chapter 119. of the Revised Code to implement	742
this section. The department of job and family services may enter	743
into a plan of cooperation with any other governmental entity to	744
aid in ensuring that children are protected from abuse and	745
neglect. The department shall make recommendations to the attorney	746
general that the department determines are necessary to protect	747
children from child abuse and child neglect.	748

(M) No later than the end of the day following the day on	749
which a public children services agency receives a report of	750
alleged child abuse or child neglect, or a report of an alleged	751
threat of child abuse or child neglect, that allegedly occurred in	752
or involved an out-of-home care entity, the agency shall provide	753
written notice of the allegations contained in and the person	754
named as the alleged perpetrator in the report to the	755
administrator, director, or other chief administrative officer of	756
the out-of-home care entity that is the subject of the report	757
unless the administrator, director, or other chief administrative	758
officer is named as an alleged perpetrator in the report. If the	759
administrator, director, or other chief administrative officer of	760
an out-of-home care entity is named as an alleged perpetrator in a	761
report of alleged child abuse or child neglect, or a report of an	762
alleged threat of child abuse or child neglect, that allegedly	763
occurred in or involved the out-of-home care entity, the agency	764
shall provide the written notice to the owner or governing board	765
of the out-of-home care entity that is the subject of the report.	766
The agency shall not provide witness statements or police or other	767
investigative reports.	768

(N) No later than three days after the day on which a public	769
children services agency that conducted the investigation as	770
determined pursuant to section 2151.422 of the Revised Code makes	771
a disposition of an investigation involving a report of alleged	772
child abuse or child neglect, or a report of an alleged threat of	773
child abuse or child neglect, that allegedly occurred in or	774
involved an out-of-home care entity, the agency shall send written	775
notice of the disposition of the investigation to the	776
administrator, director, or other chief administrative officer and	777
the owner or governing board of the out-of-home care entity. The	778
agency shall not provide witness statements or police or other	779
investigative reports.	780

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

781

(1) "Mentally retarded person" and "developmentally disabled	782
person" have the same meanings as in section 5123.01 of the	783
Revised Code.	784

(2) "Mentally retarded or developmentally disabled victim"	785
includes any of the following persons:	786

(a) A mentally retarded person or developmentally disabled	787
person who was a victim of a violation identified in division	788
(B)(1) of this section or an act that would be an offense of	789
violence if committed by an adult;	790

(b) A mentally retarded person or developmentally disabled	791
person against whom was directed any conduct that constitutes, or	792
that is an element of, a violation identified in division (B)(1)	793
of this section or an act that would be an offense of violence if	794
committed by an adult.	795

(B)(1) In any proceeding in juvenile court involving a	796
complaint, indictment, or information in which a child is charged	797
with a violation of section 2903.16, 2903.34, 2903.341, 2907.02,	798
2907.03, 2907.05, 2907.21, 2907.23, 2907.24, 2907.32, 2907.321,	799
2907.322, or 2907.323 of the Revised Code or an act that would be	800
an offense of violence if committed by an adult and in which an	801
alleged victim of the violation or act was a mentally retarded	802
person or developmentally disabled person, the juvenile judge,	803
upon motion of the prosecution, shall order that the testimony of	804
the mentally retarded or developmentally disabled victim be taken	805
by deposition. The prosecution also may request that the	806
deposition be videotaped in accordance with division (B)(2) of	807
this section. The judge shall notify the mentally retarded or	808
developmentally disabled victim whose deposition is to be taken,	809
the prosecution, and the attorney for the child who is charged	810
with the violation or act of the date, time, and place for taking	811
the deposition. The notice shall identify the mentally retarded or	812
developmentally disabled victim who is to be examined and shall	813
indicate whether a request that the deposition be videotaped has	814
been made. The child who is charged with the violation or act	815
shall have the right to attend the deposition and the right to be	816
represented by counsel. Depositions shall be taken in the manner	817
provided in civil cases, except that the judge in the proceeding	818
shall preside at the taking of the deposition and shall rule at	819
that time on any objections of the prosecution or the attorney for	820
the child charged with the violation or act. The prosecution and	821
the attorney for the child charged with the violation or act shall	822
have the right, as at an adjudication hearing, to full examination	823
and cross-examination of the mentally retarded or developmentally	824
disabled victim whose deposition is to be taken.	825

If a deposition taken under this division is intended to be	826
offered as evidence in the proceeding, it shall be filed in the	827
juvenile court in which the action is pending and is admissible in	828
the manner described in division (C) of this section. If a	829
deposition of a mentally retarded or developmentally disabled	830
victim taken under this division is admitted as evidence at the	831
proceeding under division (C) of this section, the mentally	832
retarded or developmentally disabled victim shall not be required	833
to testify in person at the proceeding.	834

At any time before the conclusion of the proceeding, the	835
attorney for the child charged with the violation or act may file	836
a motion with the judge requesting that another deposition of the	837
mentally retarded or developmentally disabled victim be taken	838
because new evidence material to the defense of the child charged	839
has been discovered that the attorney for the child charged could	840
not with reasonable diligence have discovered prior to the taking	841
of the admitted deposition. Any motion requesting another	842
deposition shall be accompanied by supporting affidavits. Upon the	843
filing of the motion and affidavits, the court may order that	844
additional testimony of the mentally retarded or developmentally	845
disabled victim relative to the new evidence be taken by another	846
deposition. If the court orders the taking of another deposition	847
under this provision, the deposition shall be taken in accordance	848
with this division. If the admitted deposition was a videotaped	849
deposition taken in accordance with division (B)(2) of this	850
section, the new deposition also shall be videotaped in accordance	851
with that division. In other cases, the new deposition may be	852
videotaped in accordance with that division.	853

(2) If the prosecution requests that a deposition to be taken	854
under division (B)(1) of this section be videotaped, the juvenile	855
judge shall order that the deposition be videotaped in accordance	856
with this division. If a juvenile judge issues an order to video	857
tape the deposition, the judge shall exclude from the room in	858
which the deposition is to be taken every person except the	859
mentally retarded or developmentally disabled victim giving the	860
testimony, the judge, one or more interpreters if needed, the	861
attorneys for the prosecution and the child who is charged with	862
the violation or act, any person needed to operate the equipment	863
to be used, one person chosen by the mentally retarded or	864
developmentally disabled victim giving the deposition, and any	865
person whose presence the judge determines would contribute to the	866
welfare and well-being of the mentally retarded or developmentally	867
disabled victim giving the deposition. The person chosen by the	868
mentally retarded or developmentally disabled victim shall not be	869
a witness in the proceeding and, both before and during the	870
deposition, shall not discuss the testimony of the victim with any	871
other witness in the proceeding. To the extent feasible, any	872
person operating the recording equipment shall be restricted to a	873
room adjacent to the room in which the deposition is being taken,	874
or to a location in the room in which the deposition is being	875
taken that is behind a screen or mirror so that the person	876
operating the recording equipment can see and hear, but cannot be	877
seen or heard by, the mentally retarded or developmentally	878
disabled victim giving the deposition during the deposition.	879

The child who is charged with the violation or act shall be	880
permitted to observe and hear the testimony of the mentally	881
retarded or developmentally disabled victim giving the deposition	882
on a monitor, shall be provided with an electronic means of	883
immediate communication with the attorney of the child who is	884
charged with the violation or act during the testimony, and shall	885
be restricted to a location from which the child who is charged	886
with the violation or act cannot be seen or heard by the mentally	887
retarded or developmentally disabled victim giving the deposition,	888
except on a monitor provided for that purpose. The mentally	889
retarded or developmentally disabled victim giving the deposition	890
shall be provided with a monitor on which the mentally retarded or	891
developmentally disabled victim can observe, while giving	892
testimony, the child who is charged with the violation or act. The	893
judge, at the judge's discretion, may preside at the deposition by	894
electronic means from outside the room in which the deposition is	895
to be taken; if the judge presides by electronic means, the judge	896
shall be provided with monitors on which the judge can see each	897
person in the room in which the deposition is to be taken and with	898
an electronic means of communication with each person in that	899
room, and each person in the room shall be provided with a monitor	900
on which that person can see the judge and with an electronic	901
means of communication with the judge. A deposition that is	902
videotaped under this division shall be taken and filed in the	903
manner described in division (B)(1) of this section and is	904
admissible in the manner described in this division and division	905
(C) of this section. If a deposition that is videotaped under this	906
division is admitted as evidence at the proceeding, the mentally	907
retarded or developmentally disabled victim shall not be required	908
to testify in person at the proceeding. No deposition videotaped	909
under this division shall be admitted as evidence at any	910
proceeding unless division (C) of this section is satisfied	911
relative to the deposition and all of the following apply relative	912
to the recording:	913

(a) The recording is both aural and visual and is recorded on	914
film or videotape, or by other electronic means.	915

(b) The recording is authenticated under the Rules of	916
Evidence and the Rules of Criminal Procedure as a fair and	917
accurate representation of what occurred, and the recording is not	918
altered other than at the direction and under the supervision of	919
the judge in the proceeding.	920

(c) Each voice on the recording that is material to the	921
testimony on the recording or the making of the recording, as	922
determined by the judge, is identified.	923

(d) Both the prosecution and the child who is charged with	924
the violation or act are afforded an opportunity to view the	925
recording before it is shown in the proceeding.	926

(C)(1) At any proceeding in relation to which a deposition	927
was taken under division (B) of this section, the deposition or a	928
part of it is admissible in evidence upon motion of the	929
prosecution if the testimony in the deposition or the part to be	930
admitted is not excluded by the hearsay rule and if the deposition	931
or the part to be admitted otherwise is admissible under the Rules	932
of Evidence. For purposes of this division, testimony is not	933
excluded by the hearsay rule if the testimony is not hearsay under	934
Evidence Rule 801; the testimony is within an exception to the	935
hearsay rule set forth in Evidence Rule 803; the mentally retarded	936
or developmentally disabled victim who gave the testimony is	937
unavailable as a witness, as defined in Evidence Rule 804, and the	938
testimony is admissible under that rule; or both of the following	939
apply:	940

(a) The child who is charged with the violation or act had an	941
opportunity and similar motive at the time of the taking of the	942
deposition to develop the testimony by direct, cross, or redirect	943
examination.	944

(b) The judge determines that there is reasonable cause to	945
believe that, if the mentally retarded or developmentally disabled	946
victim who gave the testimony in the deposition were to testify in	947
person at the proceeding, the mentally retarded or developmentally	948
disabled victim would experience serious emotional trauma as a	949
result of the mentally retarded or developmentally disabled	950
victim's participation at the proceeding.	951

(2) Objections to receiving in evidence a deposition or a	952
part of it under division (C) of this section shall be made as	953
provided in civil actions.	954

(3) The provisions of divisions (B) and (C) of this section	955
are in addition to any other provisions of the Revised Code, the	956
Rules of Juvenile Procedure, the Rules of Criminal Procedure, or	957
the Rules of Evidence that pertain to the taking or admission of	958
depositions in a juvenile court proceeding and do not limit the	959
admissibility under any of those other provisions of any	960
deposition taken under division (B) of this section or otherwise	961
taken.	962

(D) In any proceeding in juvenile court involving a	963
complaint, indictment, or information in which a child is charged	964
with a violation listed in division (B)(1) of this section or an	965
act that would be an offense of violence if committed by an adult	966
and in which an alleged victim of the violation or offense was a	967
mentally retarded or developmentally disabled person, the	968
prosecution may file a motion with the juvenile judge requesting	969
the judge to order the testimony of the mentally retarded or	970
developmentally disabled victim to be taken in a room other than	971
the room in which the proceeding is being conducted and be	972
televised, by closed circuit equipment, into the room in which the	973
proceeding is being conducted to be viewed by the child who is	974
charged with the violation or act and any other persons who are	975
not permitted in the room in which the testimony is to be taken	976
but who would have been present during the testimony of the	977
mentally retarded or developmentally disabled victim had it been	978
given in the room in which the proceeding is being conducted.	979
Except for good cause shown, the prosecution shall file a motion	980
under this division at least seven days before the date of the	981
proceeding. The juvenile judge may issue the order upon the motion	982
of the prosecution filed under this division, if the judge	983
determines that the mentally retarded or developmentally disabled	984
victim is unavailable to testify in the room in which the	985
proceeding is being conducted in the physical presence of the	986
child charged with the violation or act for one or more of the	987
reasons set forth in division (F) of this section. If a juvenile	988
judge issues an order of that nature, the judge shall exclude from	989
the room in which the testimony is to be taken every person except	990
a person described in division (B)(2) of this section. The judge,	991
at the judge's discretion, may preside during the giving of the	992
testimony by electronic means from outside the room in which it is	993
being given, subject to the limitations set forth in division	994
(B)(2) of this section. To the extent feasible, any person	995
operating the televising equipment shall be hidden from the sight	996
and hearing of the mentally retarded or developmentally disabled	997
victim giving the testimony, in a manner similar to that described	998
in division (B)(2) of this section. The child who is charged with	999
the violation or act shall be permitted to observe and hear the	1000
testimony of the mentally retarded or developmentally disabled	1001
victim giving the testimony on a monitor, shall be provided with	1002
an electronic means of immediate communication with the attorney	1003
of the child who is charged with the violation or act during the	1004
testimony, and shall be restricted to a location from which the	1005
child who is charged with the violation or act cannot be seen or	1006
heard by the mentally retarded or developmentally disabled victim	1007
giving the testimony, except on a monitor provided for that	1008
purpose. The mentally retarded or developmentally disabled victim	1009
giving the testimony shall be provided with a monitor on which the	1010
mentally retarded or developmentally disabled victim can observe,	1011
while giving testimony, the child who is charged with the	1012
violation or act.	1013

(E) In any proceeding in juvenile court involving a	1014
complaint, indictment, or information in which a child is charged	1015
with a violation listed in division (B)(1) of this section or an	1016
act that would be an offense of violence if committed by an adult	1017
and in which an alleged victim of the violation or offense was a	1018
mentally retarded or developmentally disabled person, the	1019
prosecution may file a motion with the juvenile judge requesting	1020
the judge to order the testimony of the mentally retarded or	1021
developmentally disabled victim to be taken outside of the room in	1022
which the proceeding is being conducted and be recorded for	1023
showing in the room in which the proceeding is being conducted	1024
before the judge, the child who is charged with the violation or	1025
act, and any other persons who would have been present during the	1026
testimony of the mentally retarded or developmentally disabled	1027
victim had it been given in the room in which the proceeding is	1028
being conducted. Except for good cause shown, the prosecution	1029
shall file a motion under this division at least seven days before	1030
the date of the proceeding. The juvenile judge may issue the order	1031
upon the motion of the prosecution filed under this division, if	1032
the judge determines that the mentally retarded or developmentally	1033
disabled victim is unavailable to testify in the room in which the	1034
proceeding is being conducted in the physical presence of the	1035
child charged with the violation or act, due to one or more of the	1036
reasons set forth in division (F) of this section. If a juvenile	1037
judge issues an order of that nature, the judge shall exclude from	1038
the room in which the testimony is to be taken every person except	1039
a person described in division (B)(2) of this section. To the	1040
extent feasible, any person operating the recording equipment	1041
shall be hidden from the sight and hearing of the mentally	1042
retarded or developmentally disabled victim giving the testimony,	1043
in a manner similar to that described in division (B)(2) of this	1044
section. The child who is charged with the violation or act shall	1045
be permitted to observe and hear the testimony of the mentally	1046
retarded or developmentally disabled victim giving the testimony	1047
on a monitor, shall be provided with an electronic means of	1048
immediate communication with the attorney of the child who is	1049
charged with the violation or act during the testimony, and shall	1050
be restricted to a location from which the child who is charged	1051
with the violation or act cannot be seen or heard by the mentally	1052
retarded or developmentally disabled victim giving the testimony,	1053
except on a monitor provided for that purpose. The mentally	1054
retarded or developmentally disabled victim giving the testimony	1055
shall be provided with a monitor on which the mentally retarded or	1056
developmentally disabled victim can observe, while giving	1057
testimony, the child who is charged with the violation or act. No	1058
order for the taking of testimony by recording shall be issued	1059
under this division unless the provisions set forth in divisions	1060
(B)(2)(a), (b), (c), and (d) of this section apply to the	1061
recording of the testimony.	1062

(F) For purposes of divisions (D) and (E) of this section, a	1063
juvenile judge may order the testimony of a mentally retarded or	1064
developmentally disabled victim to be taken outside of the room in	1065
which a proceeding is being conducted if the judge determines that	1066
the mentally retarded or developmentally disabled victim is	1067
unavailable to testify in the room in the physical presence of the	1068
child charged with the violation or act due to one or more of the	1069
following circumstances:	1070

(1) The persistent refusal of the mentally retarded or	1071
developmentally disabled victim to testify despite judicial	1072
requests to do so;	1073

(2) The inability of the mentally retarded or developmentally	1074
disabled victim to communicate about the alleged violation or	1075
offense because of extreme fear, failure of memory, or another	1076
similar reason;	1077

(3) The substantial likelihood that the mentally retarded or	1078
developmentally disabled victim will suffer serious emotional	1079
trauma from so testifying.	1080

(G)(1) If a juvenile judge issues an order pursuant to	1081
division (D) or (E) of this section that requires the testimony of	1082
a mentally retarded or developmentally disabled victim in a	1083
juvenile court proceeding to be taken outside of the room in which	1084
the proceeding is being conducted, the order shall specifically	1085
identify the mentally retarded or developmentally disabled victim	1086
to whose testimony it applies, the order applies only during the	1087
testimony of the specified mentally retarded or developmentally	1088
disabled victim, and the mentally retarded or developmentally	1089
disabled victim giving the testimony shall not be required to	1090
testify at the proceeding other than in accordance with the order.	1091
The authority of a judge to close the taking of a deposition under	1092
division (B)(2) of this section or a proceeding under division (D)	1093
or (E) of this section is in addition to the authority of a judge	1094
to close a hearing pursuant to section 2151.35 of the Revised	1095
Code.	1096

(2) A juvenile judge who makes any determination regarding	1097
the admissibility of a deposition under divisions (B) and (C) of	1098
this section, the videotaping of a deposition under division	1099
(B)(2) of this section, or the taking of testimony outside of the	1100
room in which a proceeding is being conducted under division (D)	1101
or (E) of this section shall enter the determination and findings	1102
on the record in the proceeding.	1103

Sec. 2311.14.  (A)(1) Whenever because of a hearing, speech,	1104
or other impairment a party to or witness in a legal proceeding	1105
cannot readily understand or communicate, the court shall appoint	1106
a qualified interpreter to assist such person. Before appointing	1107
any interpreter under this division for a party or witness who is	1108
a mentally retarded person or developmentally disabled person, the	1109
court shall evaluate the qualifications of the interpreter and	1110
shall make a determination as to the ability of the interpreter to	1111
effectively interpret on behalf of the party or witness that the	1112
interpreter will assist, and the court may appoint the interpreter	1113
only if the court is satisfied that the interpreter is able to	1114
effectively interpret on behalf of that party or witness.	1115

(2) This section is not limited to a person who speaks a	1116
language other than English. It also applies to the language and	1117
descriptions of any mentally retarded person or developmentally	1118
disabled person who cannot be reasonably understood, or who cannot	1119
understand questioning, without the aid of an interpreter. The	1120
interpreter may aid the parties in formulating methods of	1121
questioning the person with mental retardation or a developmental	1122
disability and in interpreting the answers of the person.	1123

(B) Before entering upon hisofficial duties, the interpreter	1124
shall take an oath that hethe interpreter will make a true	1125
interpretation of the proceedings to the party or witness, and	1126
that hethe interpreter will truly repeat the statements made by	1127
such party or witness to the court, to the best of histhe	1128
interpreter's ability. If the interpreter is appointed to assist a	1129
mentally retarded person or developmentally disabled person as	1130
described in division (A)(2) of this section, the oath also shall	1131
include an oath that the interpreter will not prompt, lead,	1132
suggest, or otherwise improperly influence the testimony of the	1133
witness or party.	1134

(C) The court shall determine a reasonable fee for all such	1135
interpreter service which shall be paid out of the same funds as	1136
witness fees.	1137

(D) As used in this section, "mentally retarded person" and	1138
"developmentally disabled person" have the same meanings as in	1139
section 5123.01 of the Revised Code.	1140

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

1141

(1) "MR/DD caretaker" means any MR/DD employee or any person	1142
who assumes the duty to provide for the care and protection of a	1143
mentally retarded person or a developmentally disabled person on a	1144
voluntary basis, by contract, through receipt of payment for care	1145
andprotection, as a result of a family relationship, or by order	1146
of a court of competent jurisdiction. "MR/DD caretaker" includes a	1147
person who is an employee of a care facility and a person who is	1148
an employee of an entity under contract with a provider. "MR/DD	1149
caretaker" does not include a person who owns, operates, or	1150
administers a care facility or who is an agent of a care facility	1151
unless that person also personally provides care to persons with	1152
mental retardation or a developmental disability.	1153

(2) "Mentally retarded person" and "developmentally disabled	1154
person" have the same meanings as in section 5123.01 of the	1155
Revised Code.	1156

(3) "MR/DD employee" has the same meaning as in section	1157
5123.50 of the Revised Code.	1158

(B) No MR/DD caretaker shall create a substantial risk to the	1159
health or safety of a mentally retarded person or a	1160
developmentally disabled person. An MR/DD caretaker does not	1161
create a substantial risk to the health or safety of a mentally	1162
retarded person or a developmentally disabled person under this	1163
division when the MR/DD caretaker treats a physical or mental	1164
illness or defect of the mentally retarded person or	1165
developmentally disabled person by spiritual means through prayer	1166
alone, in accordance with the tenets of a recognized religious	1167
body.	1168

(C) No person who owns, operates, or administers a care	1169
facility or who is an agent of a care facility shall condone, or	1170
knowingly permit, any conduct by an MR/DD caretaker who is	1171
employed by or under the control of the owner, operator,	1172
administrator, or agent that is in violation of division (B) of	1173
this section and that involves a mentally retarded person or a	1174
developmentally disabled person who is under the care of the	1175
owner, operator, administrator, or agent. A person who relies upon	1176
treatment by spiritual means through prayer alone, in accordance	1177
with the tenets of a recognized religious denomination, shall not	1178
be considered endangered under this division for that reason	1179
alone.	1180

(D)(1) It is an affirmative defense to a charge of a	1181
violation of division (B) or (C) of this section that the actor's	1182
conduct was committed in good faith solely because the actor was	1183
ordered to commit the conduct by a person to whom one of the	1184
following applies:	1185

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

1186

(b) The person has authority over the actor's conduct	1187
pursuant to a contract for the provision of services.	1188

(2) It is an affirmative defense to a charge of a violation	1189
of division (C) of this section that the person who owns,	1190
operates, or administers a care facility or who is an agent of a	1191
care facility and who is charged with the violation is following	1192
the individual service plan for the involved mentally retarded	1193
person or a developmentally disabled person or that the admission,	1194
discharge, and transfer rule set forth in the Administrative Code	1195
is being followed.	1196

(3) It is an affirmative defense to a charge of a violation	1197
of division (C) of this section that the actor did not have	1198
readily available a means to prevent either the harm to the person	1199
with mental retardation or a developmental disability or the death	1200
of such a person and the actor took reasonable steps to summon	1201
aid.	1202

(E)(1) Except as provided in division (E)(2) or (E)(3) of	1203
this section, whoever violates division (B) or (C) of this section	1204
is guilty of patient endangerment, a misdemeanor of the first	1205
degree.	1206

(2) If the offender previously has been convicted of, or	1207
pleaded guilty to, a violation of this section, patient	1208
endangerment is a felony of the fourth degree.	1209

(3) If the violation results in serious physical harm to the	1210
person with mental retardation or a developmental disability,	1211
patient endangerment is a felony of the third degree.	1212

Sec. 2930.03.  (A) A person or entity required or authorized	1213
under this chapter to give notice to a victim shall give the	1214
notice to the victim by any means reasonably calculated to provide	1215
prompt actual notice. Except when a provision requires that notice	1216
is to be given in a specific manner, a notice may be oral or	1217
written.	1218

(B) Except for receipt of the initial information and notice	1219
required to be given to a victim under divisions (A) and (B) of	1220
section 2930.04, section 2930.05, and divisions (A) and (B) of	1221
section 2930.06 of the Revised Code, a victim who wishes to	1222
receive any notice authorized by this chapter shall make a request	1223
for the notice to the prosecutor or the custodial agency that is	1224
to provide the notice, as specified in this chapter. If the victim	1225
does not make a request as described in this division, the	1226
prosecutor or custodial agency is not required to provide any	1227
notice described in this chapter other than the initial	1228
information and notice required to be given to a victim under	1229
divisions (A) and (B) of section 2930.04, section 2930.05, and	1230
divisions (A) and (B) of section 2930.06 of the Revised Code.	1231

(C) A person or agency that is required to furnish notice	1232
under this chapter shall give the notice to the victim at the	1233
address or telephone number provided to the person or agency by	1234
the victim. A victim who requests to receive notice under this	1235
chapter as described in division (B) of this section shall inform	1236
the person or agency of the name, address, or telephone number of	1237
the victim and of any change to that information.	1238

(D) A person or agency that has furnished information to a	1239
victim in accordance with any requirement or authorization under	1240
this chapter shall notify the victim promptly of any significant	1241
changes to that information.	1242

(E) Divisions (A) to (D) of this section do not apply	1243
regarding a notice that a prosecutor is required to provide under	1244
section 2930.061 of the Revised Code. A prosecutor required to	1245
provide notice under that section shall provide the notice as	1246
specified in that section.	1247

Sec. 2930.061.  (A) If a person is charged in a complaint,	1248
indictment, or information with any crime or specified delinquent	1249
act or with any other violation of law, and if the case involves a	1250
victim that the prosecutor in the case knows is a mentally	1251
retarded person or a developmentally disabled person, in addition	1252
to any other notices required under this chapter or under any	1253
other provision of law, the prosecutor in the case shall send	1254
written notice of the charges to the department of mental	1255
retardation and developmental disabilities. The written notice	1256
shall specifically identify the person so charged.	1257

(B) As used in this section, "mentally retarded person" and	1258
"developmentally disabled person" have the same meanings as in	1259
section 5123.01 of the Revised Code.	1260

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

1261

(1) "Mentally retarded person" and "developmentally disabled	1262
person" have the same meanings as in section 5123.01 of the	1263
Revised Code.	1264

(2) "Mentally retarded or developmentally disabled victim"	1265
includes a mentally retarded or developmentally disabled person	1266
who was a victim of a violation identified in division (B)(1) of	1267
this section or an offense of violence or against whom was	1268
directed any conduct that constitutes, or that is an element of, a	1269
violation identified in division (B)(1) of this section or an	1270
offense of violence.	1271

(B)(1) In any proceeding in the prosecution of a charge of a	1272
violation of section 2903.16, 2903.34, 2903.341, 2905.03, 2907.02,	1273
2907.03, 2907.05, 2907.06, 2907.09, 2907.21, 2907.23, 2907.24,	1274
2907.32, 2907.321, 2907.322, or 2907.323 of the Revised Code or an	1275
offense of violence and in which an alleged victim of the	1276
violation or offense was a mentally retarded or developmentally	1277
disabled person, the judge of the court in which the prosecution	1278
is being conducted, upon motion of an attorney for the	1279
prosecution, shall order that the testimony of the mentally	1280
retarded or developmentally disabled victim be taken by	1281
deposition. The prosecution also may request that the deposition	1282
be videotaped in accordance with division (B)(2) of this section.	1283
The judge shall notify the mentally retarded or developmentally	1284
disabled victim whose deposition is to be taken, the prosecution,	1285
and the defense of the date, time, and place for taking the	1286
deposition. The notice shall identify the mentally retarded or	1287
developmentally disabled victim who is to be examined and shall	1288
indicate whether a request that the deposition be videotaped has	1289
been made. The defendant shall have the right to attend the	1290
deposition and the right to be represented by counsel. Depositions	1291
shall be taken in the manner provided in civil cases, except that	1292
the judge shall preside at the taking of the deposition and shall	1293
rule at the time on any objections of the prosecution or the	1294
attorney for the defense. The prosecution and the attorney for the	1295
defense shall have the right, as at trial, to full examination and	1296
cross-examination of the mentally retarded or developmentally	1297
disabled victim whose deposition is to be taken. If a deposition	1298
taken under this division is intended to be offered as evidence in	1299
the proceeding, it shall be filed in the court in which the action	1300
is pending and is admissible in the manner described in division	1301
(C) of this section.	1302

If a deposition of a mentally retarded or developmentally	1303
disabled victim taken under this division is admitted as evidence	1304
at the proceeding under division (C) of this section, the mentally	1305
retarded or developmentally disabled victim shall not be required	1306
to testify in person at the proceeding.	1307

At any time before the conclusion of the proceeding, the	1308
attorney for the defense may file a motion with the judge	1309
requesting that another deposition of the mentally retarded or	1310
developmentally disabled victim be taken because new evidence	1311
material to the defense has been discovered that the attorney for	1312
the defense could not with reasonable diligence have discovered	1313
prior to the taking of the admitted deposition. If the court	1314
orders the taking of another deposition under this provision, the	1315
deposition shall be taken in accordance with this division. If the	1316
admitted deposition was a videotaped deposition taken in	1317
accordance with division (B)(2) of this section, the new	1318
deposition shall be videotaped in accordance with that division.	1319
In other cases, the new deposition may be videotaped in accordance	1320
with that division.	1321

(2) If the prosecution requests that a deposition to be taken	1322
under division (B)(2) of this section be videotaped, the judge	1323
shall order that the deposition be videotaped in accordance with	1324
this division. If a judge issues an order that the deposition be	1325
videotaped, the judge shall exclude from the room in which the	1326
deposition is to be taken every person except the mentally	1327
retarded or developmentally disabled victim giving the testimony,	1328
the judge, one or more interpreters if needed, the attorneys for	1329
the prosecution and the defense, any person needed to operate the	1330
equipment to be used, one person chosen by the mentally retarded	1331
or developmentally disabled victim giving the deposition, and any	1332
person whose presence the judge determines would contribute to the	1333
welfare and well-being of the mentally retarded or developmentally	1334
disabled victim giving the deposition. The person chosen by the	1335
mentally retarded or developmentally disabled victim shall not be	1336
a witness in the proceeding and, both before and during the	1337
deposition, shall not discuss the testimony of the mentally	1338
retarded or developmentally disabled victim with any other witness	1339
in the proceeding. To the extent feasible, any person operating	1340
the recording equipment shall be restricted to a room adjacent to	1341
the room in which the deposition is being taken, or to a location	1342
in the room in which the deposition is being taken that is behind	1343
a screen or mirror, so that the person operating the recording	1344
equipment can see and hear, but cannot be seen or heard by, the	1345
mentally retarded or developmentally disabled victim giving the	1346
deposition during the deposition.	1347

The defendant shall be permitted to observe and hear the	1348
testimony of the mentally retarded or developmentally disabled	1349
victim giving the deposition on a monitor, shall be provided with	1350
an electronic means of immediate communication with the	1351
defendant's attorney during the testimony, and shall be restricted	1352
to a location from which the defendant cannot be seen or heard by	1353
the mentally retarded or developmentally disabled victim giving	1354
the deposition, except on a monitor provided for that purpose. The	1355
mentally retarded or developmentally disabled victim giving the	1356
deposition shall be provided with a monitor on which the victim	1357
can observe, during the testimony, the defendant. The judge, at	1358
the judge's discretion, may preside at the deposition by	1359
electronic means from outside the room in which the deposition is	1360
to be taken. If the judge presides by electronic means, the judge	1361
shall be provided with monitors on which the judge can see each	1362
person in the room in which the deposition is to be taken and with	1363
an electronic means of communication with each person, and each	1364
person in the room shall be provided with a monitor on which that	1365
person can see the judge and with an electronic means of	1366
communication with the judge. A deposition that is videotaped	1367
under this division shall be taken and filed in the manner	1368
described in division (B)(1) of this section and is admissible in	1369
the manner described in this division and division (C) of this	1370
section, and, if a deposition that is videotaped under this	1371
division is admitted as evidence at the proceeding, the mentally	1372
retarded or developmentally disabled victim shall not be required	1373
to testify in person at the proceeding. No deposition videotaped	1374
under this division shall be admitted as evidence at any	1375
proceeding unless division (C) of this section is satisfied	1376
relative to the deposition and all of the following apply relative	1377
to the recording:	1378

(a) The recording is both aural and visual and is recorded on	1379
film or videotape, or by other electronic means.	1380

(b) The recording is authenticated under the Rules of	1381
Evidence and the Rules of Criminal Procedure as a fair and	1382
accurate representation of what occurred, and the recording is not	1383
altered other than at the direction and under the supervision of	1384
the judge in the proceeding.	1385

(c) Each voice on the recording that is material to the	1386
testimony on the recording or the making of the recording, as	1387
determined by the judge, is identified.	1388

(d) Both the prosecution and the defendant are afforded an	1389
opportunity to view the recording before it is shown in the	1390
proceeding.	1391

(C)(1) At any proceeding in a prosecution in relation to	1392
which a deposition was taken under division (B) of this section,	1393
the deposition or a part of it is admissible in evidence upon	1394
motion of the prosecution if the testimony in the deposition or	1395
the part to be admitted is not excluded by the hearsay rule and if	1396
the deposition or the part to be admitted otherwise is admissible	1397
under the Rules of Evidence. For purposes of this division,	1398
testimony is not excluded by the hearsay rule if the testimony is	1399
not hearsay under Evidence Rule 801; the testimony is within an	1400
exception to the hearsay rule set forth in Evidence Rule 803; the	1401
mentally retarded or developmentally disabled victim who gave the	1402
testimony is unavailable as a witness, as defined in Evidence Rule	1403
804, and the testimony is admissible under that rule; or both of	1404
the following apply:	1405

(a) The defendant had an opportunity and similar motive at	1406
the time of the taking of the deposition to develop the testimony	1407
by direct, cross, or redirect examination.	1408

(b) The judge determines that there is reasonable cause to	1409
believe that, if the mentally retarded or developmentally disabled	1410
victim who gave the testimony in the deposition were to testify in	1411
person at the proceeding, the mentally retarded or developmentally	1412
disabled victim would experience serious emotional trauma as a	1413
result of the mentally retarded or developmentally disabled	1414
victim's participation at the proceeding.	1415

(2) Objections to receiving in evidence a deposition or a	1416
part of it under division (C) of this section shall be made as	1417
provided in civil actions.	1418

(3) The provisions of divisions (B) and (C) of this section	1419
are in addition to any other provisions of the Revised Code, the	1420
Rules of Criminal Procedure, or the Rules of Evidence that pertain	1421
to the taking or admission of depositions in a criminal proceeding	1422
and do not limit the admissibility under any of those other	1423
provisions of any deposition taken under division (B) of this	1424
section or otherwise taken.	1425

(D) In any proceeding in the prosecution of any charge of a	1426
violation listed in division (B)(1) of this section or an offense	1427
of violence and in which an alleged victim of the violation or	1428
offense was a mentally retarded or developmentally disabled	1429
person, the prosecution may file a motion with the judge	1430
requesting the judge to order the testimony of the mentally	1431
retarded or developmentally disabled victim to be taken in a room	1432
other than the room in which the proceeding is being conducted and	1433
be televised, by closed circuit equipment, into the room in which	1434
the proceeding is being conducted to be viewed by the jury, if	1435
applicable, the defendant, and any other persons who are not	1436
permitted in the room in which the testimony is to be taken but	1437
who would have been present during the testimony of the mentally	1438
retarded or developmentally disabled victim had it been given in	1439
the room in which the proceeding is being conducted. Except for	1440
good cause shown, the prosecution shall file a motion under this	1441
division at least seven days before the date of the proceeding.	1442
The judge may issue the order upon the motion of the prosecution	1443
filed under this section, if the judge determines that the	1444
mentally retarded or developmentally disabled victim is	1445
unavailable to testify in the room in which the proceeding is	1446
being conducted in the physical presence of the defendant for one	1447
or more of the reasons set forth in division (F) of this section.	1448
If a judge issues an order of that nature, the judge shall exclude	1449
from the room in which the testimony is to be taken every person	1450
except a person described in division (B)(2) of this section. The	1451
judge, at the judge's discretion, may preside during the giving of	1452
the testimony by electronic means from outside the room in which	1453
it is being given, subject to the limitations set forth in	1454
division (B)(2) of this section. To the extent feasible, any	1455
person operating the televising equipment shall be hidden from the	1456
sight and hearing of the mentally retarded or developmentally	1457
disabled victim giving the testimony, in a manner similar to that	1458
described in division (B)(2) of this section. The defendant shall	1459
be permitted to observe and hear the testimony of the mentally	1460
retarded or developmentally disabled victim giving the testimony	1461
on a monitor, shall be provided with an electronic means of	1462
immediate communication with the defendant's attorney during the	1463
testimony, and shall be restricted to a location from which the	1464
defendant cannot be seen or heard by the mentally retarded or	1465
developmentally disabled victim giving the testimony, except on a	1466
monitor provided for that purpose. The mentally retarded or	1467
developmentally disabled victim giving the testimony shall be	1468
provided with a monitor on which the mentally retarded or	1469
developmentally disabled victim can observe, during the testimony,	1470
the defendant.	1471

(E) In any proceeding in the prosecution of any charge of a	1472
violation listed in division (B)(1) of this section or an offense	1473
of violence and in which an alleged victim of the violation or	1474
offense was a mentally retarded or developmentally disabled	1475
victim, the prosecution may file a motion with the judge	1476
requesting the judge to order the testimony of the mentally	1477
retarded or developmentally disabled victim to be taken outside of	1478
the room in which the proceeding is being conducted and be	1479
recorded for showing in the room in which the proceeding is being	1480
conducted before the judge, the jury, if applicable, the	1481
defendant, and any other persons who would have been present	1482
during the testimony of the mentally retarded or developmentally	1483
disabled victim had it been given in the room in which the	1484
proceeding is being conducted. Except for good cause shown, the	1485
prosecution shall file a motion under this division at least seven	1486
days before the date of the proceeding. The judge may issue the	1487
order upon the motion of the prosecution filed under this	1488
division, if the judge determines that the mentally retarded or	1489
developmentally disabled victim is unavailable to testify in the	1490
room in which the proceeding is being conducted in the physical	1491
presence of the defendant, for one or more of the reasons set	1492
forth in division (F) of this section. If a judge issues an order	1493
of that nature, the judge shall exclude from the room in which the	1494
testimony is to be taken every person except a person described in	1495
division (B)(2) of this section. To the extent feasible, any	1496
person operating the recording equipment shall be hidden from the	1497
sight and hearing of the mentally retarded or developmentally	1498
disabled victim giving the testimony, in a manner similar to that	1499
described in division (B)(2) of this section. The defendant shall	1500
be permitted to observe and hear the testimony of the mentally	1501
retarded or developmentally disabled victim who is giving the	1502
testimony on a monitor, shall be provided with an electronic means	1503
of immediate communication with the defendant's attorney during	1504
the testimony, and shall be restricted to a location from which	1505
the defendant cannot be seen or heard by the mentally retarded or	1506
developmentally disabled victim giving the testimony, except on a	1507
monitor provided for that purpose. The mentally retarded or	1508
developmentally disabled victim giving the testimony shall be	1509
provided with a monitor on which the victim can observe, during	1510
the testimony, the defendant. No order for the taking of testimony	1511
by recording shall be issued under this division unless the	1512
provisions set forth in divisions (B)(2)(a), (b), (c), and (d) of	1513
this section apply to the recording of the testimony.	1514

(F) For purposes of divisions (D) and (E) of this section, a	1515
judge may order the testimony of a mentally retarded or	1516
developmentally disabled victim to be taken outside the room in	1517
which the proceeding is being conducted if the judge determines	1518
that the mentally retarded or developmentally disabled victim is	1519
unavailable to testify in the room in the physical presence of the	1520
defendant due to one or more of the following:	1521

(1) The persistent refusal of the mentally retarded or	1522
developmentally disabled victim to testify despite judicial	1523
requests to do so;	1524

(2) The inability of the mentally retarded or developmentally	1525
disabled victim to communicate about the alleged violation or	1526
offense because of extreme fear, failure of memory, or another	1527
similar reason;	1528

(3) The substantial likelihood that the mentally retarded or	1529
developmentally disabled victim will suffer serious emotional	1530
trauma from so testifying.	1531

(G)(1) If a judge issues an order pursuant to division (D) or	1532
(E) of this section that requires the testimony of a mentally	1533
retarded or developmentally disabled victim in a criminal	1534
proceeding to be taken outside of the room in which the proceeding	1535
is being conducted, the order shall specifically identify the	1536
mentally retarded or developmentally disabled victim to whose	1537
testimony it applies, the order applies only during the testimony	1538
of the specified mentally retarded or developmentally disabled	1539
victim, and the mentally retarded or developmentally disabled	1540
victim giving the testimony shall not be required to testify at	1541
the proceeding other than in accordance with the order.	1542

(2) A judge who makes any determination regarding the	1543
admissibility of a deposition under divisions (B) and (C) of this	1544
section, the videotaping of a deposition under division (B)(2) of	1545
this section, or the taking of testimony outside of the room in	1546
which a proceeding is being conducted under division (D) or (E) of	1547
this section shall enter the determination and findings on the	1548
record in the proceeding.	1549

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

1550

(1) "Mentally retarded person" and "developmentally disabled	1551
person" have the same meanings as in section 5123.01 of the	1552
Revised Code.	1553

(2) "Mentally retarded or developmentally disabled victim"	1554
includes a mentally retarded or developmentally disabled person	1555
who was a victim of a felony violation identified in division	1556
(B)(1) of this section or a felony offense of violence or against	1557
whom was directed any conduct that constitutes, or that is an	1558
element of, a felony violation identified in division (B)(1) of	1559
this section or a felony offense of violence.	1560

(B)(1) At a trial on a charge of a felony violation of	1561
section 2903.16, 2903.34, 2903.341, 2907.02, 2907.03, 2907.05,	1562
2907.21, 2907.23, 2907.24, 2907.32, 2907.321, 2907.322, or	1563
2907.323 of the Revised Code or an offense of violence and in	1564
which an alleged victim of the violation or offense was a mentally	1565
retarded or developmentally disabled person, the court, upon	1566
motion of the prosecutor in the case, may admit videotaped	1567
preliminary hearing testimony of the mentally retarded or	1568
developmentally disabled victim as evidence at the trial, in lieu	1569
of the mentally retarded or developmentally disabled victim	1570
appearing as a witness and testifying at trial, if all of the	1571
following apply:	1572

(a) The videotape of the testimony was made at the	1573
preliminary hearing at which probable cause of the violation	1574
charged was found.	1575

(b) The videotape of the testimony was made in accordance	1576
with division (C) of section 2937.11 of the Revised Code.	1577

(c) The testimony in the videotape is not excluded by the	1578
hearsay rule and otherwise is admissible under the Rules of	1579
Evidence. For purposes of this division, testimony is not excluded	1580
by the hearsay rule if the testimony is not hearsay under Evidence	1581
Rule 801, the testimony is within an exception to the hearsay rule	1582
set forth in Evidence Rule 803, the mentally retarded or	1583
developmentally disabled victim who gave the testimony is	1584
unavailable as a witness, as defined in Evidence Rule 804, and the	1585
testimony is admissible under that rule, or both of the following	1586
apply:	1587

(i) The accused had an opportunity and similar motive at the	1588
preliminary hearing to develop the testimony of the mentally	1589
retarded or developmentally disabled victim by direct, cross, or	1590
redirect examination.	1591

(ii) The court determines that there is reasonable cause to	1592
believe that if the mentally retarded or developmentally disabled	1593
victim who gave the testimony at the preliminary hearing were to	1594
testify in person at the trial, the mentally retarded or	1595
developmentally disabled victim would experience serious emotional	1596
trauma as a result of the victim's participation at the trial.	1597

(2) If a mentally retarded or developmentally disabled victim	1598
of an alleged felony violation of section 2903.16, 2903.34,	1599
2903.341, 2907.02, 2907.03, 2907.05, 2907.21, 2907.23, 2907.24,	1600
2907.32, 2907.321, 2907.322, or 2907.323 of the Revised Code or an	1601
alleged felony offense of violence testifies at the preliminary	1602
hearing in the case, if the testimony of the mentally retarded or	1603
developmentally disabled victim at the preliminary hearing was	1604
videotaped pursuant to division (C) of section 2937.11 of the	1605
Revised Code, and if the defendant in the case files a written	1606
objection to the use, pursuant to division (B)(1) of this section,	1607
of the videotaped testimony at the trial, the court, immediately	1608
after the filing of the objection, shall hold a hearing to	1609
determine whether the videotaped testimony of the mentally	1610
retarded or developmentally disabled victim should be admissible	1611
at trial under division (B)(1) of this section and, if it is	1612
admissible, whether the mentally retarded or developmentally	1613
disabled victim should be required to provide limited additional	1614
testimony of the type described in this division. At the hearing	1615
held pursuant to this division, the defendant and the prosecutor	1616
in the case may present any evidence that is relevant to the	1617
issues to be determined at the hearing, but the mentally retarded	1618
or developmentally disabled victim shall not be required to	1619
testify at the hearing.	1620

After the hearing, the court shall not require the mentally	1621
retarded or developmentally disabled victim to testify at the	1622
trial, unless it determines that both of the following apply:	1623

(a) That the testimony of the mentally retarded or	1624
developmentally disabled victim at trial is necessary for one or	1625
more of the following reasons:	1626

(i) Evidence that was not available at the time of the	1627
testimony of the mentally retarded or developmentally disabled	1628
victim at the preliminary hearing has been discovered.	1629

(ii) The circumstances surrounding the case have changed	1630
sufficiently to necessitate that the mentally retarded or	1631
developmentally disabled victim testify at the trial.	1632

(b) That the testimony of the mentally retarded or	1633
developmentally disabled victim at the trial is necessary to	1634
protect the right of the defendant to a fair trial.	1635

The court shall enter its finding and the reasons for it in	1636
the journal. If the court requires the mentally retarded or	1637
developmentally disabled victim to testify at the trial, the	1638
testimony of the victim shall be limited to the new evidence and	1639
changed circumstances, and the mentally retarded or	1640
developmentally disabled victim shall not otherwise be required to	1641
testify at the trial. The required testimony of the mentally	1642
retarded or developmentally disabled victim may be given in person	1643
or, upon motion of the prosecution, may be taken by deposition in	1644
accordance with division (B) of section 2945.482 of the Revised	1645
Code provided the deposition is admitted as evidence under	1646
division (C) of that section, may be taken outside of the	1647
courtroom and televised into the courtroom in accordance with	1648
division (D) of that section, or may be taken outside of the	1649
courtroom and recorded for showing in the courtroom in accordance	1650
with division (E) of that section.	1651

(3) If videotaped testimony of a mentally retarded or	1652
developmentally disabled victim is admitted at trial in accordance	1653
with division (B)(1) of this section, the mentally retarded or	1654
developmentally disabled victim shall not be compelled in any way	1655
to appear as a witness at the trial, except as provided in	1656
division (B)(2) of this section.	1657

(C) An order issued pursuant to division (B) of this section	1658
shall specifically identify the mentally retarded or	1659
developmentally disabled victim concerning whose testimony it	1660
pertains. The order shall apply only during the testimony of the	1661
mentally retarded or developmentally disabled victim it	1662
specifically identifies.	1663

Sec. 5120.173. Any person who is required to report suspected	1664
abuse or neglect of a child under eighteen years of age pursuant	1665
to division (A) of section 2151.421 of the Revised Code, and any	1666
person who is permitted to report or cause a report to be made of	1667
suspected abuse or neglect of a child under eighteen years of age	1668
pursuant to division (B) of that section, any person who is	1669
required to report suspected abuse or neglect of a person with	1670
mental retardation or a developmental disability pursuant to	1671
division (C) of section 5123.61 of the Revised Code, and any	1672
person who is permitted to report suspected abuse or neglect of a	1673
person with mental retardation or a developmental disability	1674
pursuant to division (F) of that section and who makes or causes	1675
the report to be made, shall direct that report to the state	1676
highway patrol if the child or the person with mental retardation	1677
or a developmental disability is an inmate in the custody of a	1678
state correctional institution. If the state highway patrol	1679
determines after receipt of the report that it is probable that	1680
abuse or neglect of the inmate occurred, the patrol shall report	1681
its findings to the department of rehabilitation and correction,	1682
to the court that sentenced the inmate for the offense for which	1683
the inmate is in the custody of the department, and to the	1684
chairman and vice-chairman of the correctional institution	1685
inspection committee established by section 103.71 of the Revised	1686
Code.	1687

Sec. 5123.032. (A) As used in this section, "developmental	1688
center" means any institution or facility of the department of	1689
mental retardation and developmental disabilities that, on or	1690
after the effective date of this section, is named, designated, or	1691
referred to as a developmental center.	1692

(B) Notwithstanding any other provision of law, on and after	1693
the effective date of this section, any closure of a developmental	1694
center shall be subject to, and in accordance with, this section.	1695
Notwithstanding any other provision of law, if the governor	1696
announced on or after January 1, 2003, and prior to the effective	1697
date of this section the intended closure of a developmental	1698
center and if the closure identified in the announcement has not	1699
occurred prior to the effective date of this section, the closure	1700
identified in the announcement shall be subject to the criteria	1701
set forth in this section as if the announcement had been made on	1702
or after the effective date of this section, except for the time	1703
at which the notice to the general assembly must be provided as	1704
identified in division (C) of this section.	1705

(C) Notwithstanding any other provision of law, on and after	1706
the effective date of this section, at least ten days prior to	1707
making any official, public announcement that the governor intends	1708
to close one or more developmental centers, the governor shall	1709
notify the general assembly in writing that the governor intends	1710
to close one or more developmental centers. Notwithstanding any	1711
other provision of law, if the governor announced on or after	1712
January 1, 2003, and prior to the effective date of this section	1713
the intended closure of a developmental center and if the closure	1714
identified in the announcement has not occurred prior to the	1715
effective date of this section, not later than ten days after the	1716
effective date of this section, the governor shall notify the	1717
general assembly in writing of the prior announcement and that the	1718
governor intends to close the center identified in the prior	1719
announcement, and the notification to the general assembly shall	1720
constitute, for purposes of this section, the governor's official,	1721
public announcement that the governor intends to close that	1722
center.	1723

The notice required by this division shall identify by name	1724
each developmental center that the governor intends to close or,	1725
if the governor has not determined any specific developmental	1726
center to close, shall state the governor's general intent to	1727
close one or more developmental centers. When the governor	1728
notifies the general assembly as required by this division, the	1729
legislative service commission promptly shall conduct an	1730
independent study of the developmental centers of the department	1731
of mental retardation and developmental disabilities and of the	1732
department's operation of the centers, and the study shall address	1733
relevant criteria and factors, including, but not limited to, all	1734
of the following:	1735

(1) The manner in which the closure of developmental centers	1736
in general would affect the safety, health, well-being, and	1737
lifestyle of the centers' residents and their family members and	1738
would affect public safety and, if the governor's notice	1739
identifies by name one or more developmental centers that the	1740
governor intends to close, the manner in which the closure of each	1741
center so identified would affect the safety, health, well-being,	1742
and lifestyle of the center's residents and their family members	1743
and would affect public safety;	1744

(2) The availability of alternate facilities;

1745

(3) The cost effectiveness of the facilities identified for	1746
closure;	1747

(4) A comparison of the cost of residing at a facility	1748
identified for closure and the cost of new living arrangements;	1749

(5) The geographic factors associated with each facility and	1750
its proximity to other similar facilities;	1751

(6) The impact of collective bargaining on facility	1752
operations;	1753

(7) The utilization and maximization of resources;

1754

(8) Continuity of the staff and ability to serve the facility	1755
population;	1756

(9) Continuing costs following closure of a facility;

1757

(10) The impact of the closure on the local economy;

1758

(11) Alternatives and opportunities for consolidation with	1759
other facilities;	1760

(12) How the closing of a facility identified for closure	1761
relates to the department's plans for the future of developmental	1762
centers in this state;	1763

(13) The effect of the closure of developmental centers in	1764
general upon the state's fiscal resources and fiscal status and,	1765
if the governor's notice identifies by name one or more	1766
developmental centers that the governor intends to close, the	1767
effect of the closure of each center so identified upon the	1768
state's fiscal resources and fiscal status.	1769

(D) The legislative service commission shall complete the	1770
study required by division (C) of this section, and prepare a	1771
report that contains its findings, not later than sixty days after	1772
the governor makes the official, public announcement that the	1773
governor intends to close one or more developmental centers as	1774
described in division (C) of this section. The commission shall	1775
provide a copy of the report to each member of the general	1776
assembly who requests a copy of the report.	1777

Not later than the date on which the legislative service	1778
commission is required to complete the report under this division,	1779
the mental retardation and developmental disabilities	1780
developmental center closure commission is hereby created as	1781
described in division (E) of this section. The officials with the	1782
duties to appoint members of the closure commission, as described	1783
in division (E) of this section, shall appoint the specified	1784
members of the closure commission, and, as soon as possible after	1785
the appointments, the closure commission shall meet for the	1786
purposes described in that division. Upon completion of the report	1787
and the creation of the closure commission under this division,	1788
the legislative service commission promptly shall provide a copy	1789
of the report to the closure commission and shall present the	1790
report as described in division (E) of this section.	1791

(E)(1) A mental retardation and developmental disabilities	1792
developmental center closure commission shall be created at the	1793
time and in the manner specified in division (D) of this section.	1794
The closure commission consists of six members. One member shall	1795
be the director of the department of mental retardation and	1796
developmental disabilities. One member shall be the director of	1797
the department of health. One member shall be a private executive	1798
with expertise in facility utilization, in economics, or in both	1799
facility utilization and economics, jointly appointed by the	1800
speaker of the house of representatives and the president of the	1801
senate. The member appointed for expertise in facility	1802
utilization, economics, or both may not be a member of the general	1803
assembly and may not have a developmental center identified for	1804
closure by the governor in the county in which the member resides.	1805
One member shall be a member of the board of the Ohio civil	1806
service employees' association, jointly appointed by the speaker	1807
of the house of representatives and the president of the senate.	1808
One member shall be either a family member of a resident of a	1809
developmental center or a representative of a mental retardation	1810
and developmental disabilities advocacy group, jointly appointed	1811
by the speaker of the house of representatives and the president	1812
of the senate. The member appointed who is a family member of a	1813
developmental center resident or a representative of an advocacy	1814
group may not be a member of the general assembly. One member	1815
shall be a member of the law enforcement community, appointed by	1816
the governor. The officials with the duties to appoint members of	1817
the closure commission shall make the appointments, and the	1818
closure commission shall meet, within the time periods specified	1819
in division (D) of this section. The members of the closure	1820
commission shall serve without compensation. At the closure	1821
commission's first meeting, the members shall organize and appoint	1822
a chairperson and vice-chairperson.	1823

The closure commission shall meet as often as is necessary	1824
for the purpose of making the recommendations to the governor that	1825
are described in this division. The closure commission's meetings	1826
shall be open to the public, and the closure commission shall	1827
accept public testimony. The legislative service commission shall	1828
appear before the closure commission and present the report the	1829
legislative service commission prepared under division (D) of this	1830
section. The closure commission shall meet for the purpose of	1831
making recommendations to the governor, which recommendations may	1832
include all of the following:	1833

(a) Whether any developmental center should be closed;

1834

(b) If the recommendation described in division (E)(1)(a) of	1835
this section is that one or more developmental centers should be	1836
closed, which center or centers should be closed;	1837

(c) If the governor's notice described in division (C) of	1838
this section identifies by name one or more developmental centers	1839
that the governor intends to close, whether the center or centers	1840
so identified should be closed.	1841

(2) The mental retardation and developmental disabilities	1842
developmental center closure commission, not later than sixty days	1843
after it receives the report of the legislative service commission	1844
under division (D) of this section, shall prepare a report	1845
containing its recommendations to the governor. The closure	1846
commission shall send a copy of the report to the governor and to	1847
each member of the general assembly who requests a copy of the	1848
report. Upon receipt of the closure commission's report, the	1849
governor shall review and consider the commission's	1850
recommendation. The governor shall do one of the following:	1851

(a) Follow the recommendation of the commission;

1852

(b) Close no developmental center;

1853

(c) Take other action that the governor determines is	1854
necessary for the purpose of expenditure reductions or budget cuts	1855
and state the reasons for the action.	1856

The governor's decision is final. Upon the governor's making	1857
of the decision, the closure commission shall cease to exist.	1858
Another closure commission shall be created under this section	1859
each time the governor subsequently makes an official, public	1860
announcement that the governor intends to close one or more	1861
developmental centers.	1862

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

1863

(1) "Applicant" means a person who is under final	1864
consideration for appointment to or employment with the department	1865
of mental retardation and developmental disabilities, including,	1866
but not limited to, a person who is being transferred to the	1867
department and an employee who is being recalled or reemployed	1868
after a layoff.	1869

(2) "Criminal records check" has the same meaning as in	1870
section 109.572 of the Revised Code.	1871

(3) "Minor drug possession offense" has the same meaning as	1872
in section 2925.01 of the Revised Code.	1873

(B) The director of mental retardation and developmental	1874
disabilities shall request the superintendent of the bureau of	1875
criminal identification and investigation to conduct a criminal	1876
records check with respect to each applicant, except that the	1877
director is not required to request a criminal records check for	1878
an employee of the department who is being considered for a	1879
different position or is returning after a leave of absence or	1880
seasonal break in employment, as long as the director has no	1881
reason to believe that the employee has committed any of the	1882
offenses listed or described in division (E) of this section.	1883

If the applicant does not present proof that the applicant	1884
has been a resident of this state for the five-year period	1885
immediately prior to the date upon which the criminal records	1886
check is requested, the director shall request that the	1887
superintendent of the bureau obtain information from the federal	1888
bureau of investigation as a part of the criminal records check	1889
for the applicant. If the applicant presents proof that the	1890
applicant has been a resident of this state for that five-year	1891
period, the director may request that the superintendent of the	1892
bureau include information from the federal bureau of	1893
investigation in the criminal records check. For purposes of this	1894
division, an applicant may provide proof of residency in this	1895
state by presenting, with a notarized statement asserting that the	1896
applicant has been a resident of this state for that five-year	1897
period, a valid driver's license, notification of registration as	1898
an elector, a copy of an officially filed federal or state tax	1899
form identifying the applicant's permanent residence, or any other	1900
document the director considers acceptable.	1901

(C) The director shall provide to each applicant a copy of	1902
the form prescribed pursuant to division (C)(1) of section 109.572	1903
of the Revised Code, provide to each applicant a standard	1904
impression sheet to obtain fingerprint impressions prescribed	1905
pursuant to division (C)(2) of section 109.572 of the Revised	1906
Code, obtain the completed form and impression sheet from each	1907
applicant, and forward the completed form and impression sheet to	1908
the superintendent of the bureau of criminal identification and	1909
investigation at the time the criminal records check is requested.	1910

Any applicant who receives pursuant to this division a copy	1911
of the form prescribed pursuant to division (C)(1) of section	1912
109.572 of the Revised Code and a copy of an impression sheet	1913
prescribed pursuant to division (C)(2) of that section and who is	1914
requested to complete the form and provide a set of fingerprint	1915
impressions shall complete the form or provide all the information	1916
necessary to complete the form and shall provide the material with	1917
the impressions of the applicant's fingerprints. If an applicant,	1918
upon request, fails to provide the information necessary to	1919
complete the form or fails to provide impressions of the	1920
applicant's fingerprints, the director shall not employ the	1921
applicant.	1922

(D) The director may request any other state or federal	1923
agency to supply the director with a written report regarding the	1924
criminal record of each applicant. With regard to an applicant who	1925
becomes a department employee, if the employee holds an	1926
occupational or professional license or other credentials, the	1927
director may request that the state or federal agency that	1928
regulates the employee's occupation or profession supply the	1929
director with a written report of any information pertaining to	1930
the employee's criminal record that the agency obtains in the	1931
course of conducting an investigation or in the process of	1932
renewing the employee's license or other credentials.	1933

(E) Except as provided in division (K)(2) of this section and	1934
in rules adopted by the director in accordance with division (M)	1935
of this section, the director shall not employ a person to fill a	1936
position with the department who has been convicted of or pleaded	1937
guilty to any of the following:	1938

(1) A violation of section 2903.01, 2903.02, 2903.03,	1939
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	1940
2903.341, 2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04,	1941
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22,	1942
2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323,	1943
2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24,	1944
2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04,	1945
2925.05, 2925.06, or 3716.11 of the Revised Code, a violation of	1946
section 2905.04 of the Revised Code as it existed prior to July 1,	1947
1996, a violation of section 2919.23 of the Revised Code that	1948
would have been a violation of section 2905.04 of the Revised Code	1949
as it existed prior to July 1, 1996, had the violation occurred	1950
prior to that date, a violation of section 2925.11 of the Revised	1951
Code that is not a minor drug possession offense, or felonious	1952
sexual penetration in violation of former section 2907.12 of the	1953
Revised Code;	1954

(2) A felony contained in the Revised Code that is not listed	1955
in this division, if the felony bears a direct and substantial	1956
relationship to the duties and responsibilities of the position	1957
being filled;	1958

(3) Any offense contained in the Revised Code constituting a	1959
misdemeanor of the first degree on the first offense and a felony	1960
on a subsequent offense, if the offense bears a direct and	1961
substantial relationship to the position being filled and the	1962
nature of the services being provided by the department;	1963

(4) A violation of an existing or former municipal ordinance	1964
or law of this state, any other state, or the United States, if	1965
the offense is substantially equivalent to any of the offenses	1966
listed or described in division (E)(1), (2), or (3) of this	1967
section.	1968

(F) Prior to employing an applicant, the director shall	1969
require the applicant to submit a statement with the applicant's	1970
signature attesting that the applicant has not been convicted of	1971
or pleaded guilty to any of the offenses listed or described in	1972
division (E) of this section. The director also shall require the	1973
applicant to sign an agreement under which the applicant agrees to	1974
notify the director within fourteen calendar days if, while	1975
employed with the department, the applicant is ever formally	1976
charged with, convicted of, or pleads guilty to any of the	1977
offenses listed or described in division (E) of this section. The	1978
agreement shall inform the applicant that failure to report formal	1979
charges, a conviction, or a guilty plea may result in being	1980
dismissed from employment.	1981

(G) The director shall pay to the bureau of criminal	1982
identification and investigation the fee prescribed pursuant to	1983
division (C)(3) of section 109.572 of the Revised Code for each	1984
criminal records check requested and conducted pursuant to this	1985
section.	1986

(H)(1) Any report obtained pursuant to this section is not a	1987
public record for purposes of section 149.43 of the Revised Code	1988
and shall not be made available to any person, other than the	1989
applicant who is the subject of the records check or criminal	1990
records check or the applicant's representative, the department or	1991
its representative, a county board of mental retardation and	1992
developmental disabilities, and any court, hearing officer, or	1993
other necessary individual involved in a case dealing with the	1994
denial of employment to the applicant or the denial, suspension,	1995
or revocation of a certificate or evidence of registration under	1996
section 5123.082 of the Revised Code.	1997

(2) An individual for whom the director has obtained reports	1998
under this section may submit a written request to the director to	1999
have copies of the reports sent to any state agency, entity of	2000
local government, or private entity. The individual shall specify	2001
in the request the agencies or entities to which the copies are to	2002
be sent. On receiving the request, the director shall send copies	2003
of the reports to the agencies or entities specified.	2004

The director may request that a state agency, entity of local	2005
government, or private entity send copies to the director of any	2006
report regarding a records check or criminal records check that	2007
the agency or entity possesses, if the director obtains the	2008
written consent of the individual who is the subject of the	2009
report.	2010

(I) The director shall request the registrar of motor	2011
vehicles to supply the director with a certified abstract	2012
regarding the record of convictions for violations of motor	2013
vehicle laws of each applicant who will be required by the	2014
applicant's employment to transport individuals with mental	2015
retardation or a developmental disability or to operate the	2016
department's vehicles for any other purpose. For each abstract	2017
provided under this section, the director shall pay the amount	2018
specified in section 4509.05 of the Revised Code.	2019

(J) The director shall provide each applicant with a copy of	2020
any report or abstract obtained about the applicant under this	2021
section.	2022

(K)(1) The director shall inform each person, at the time of	2023
the person's initial application for employment, that the person	2024
is required to provide a set of impressions of the person's	2025
fingerprints and that a criminal records check is required to be	2026
conducted and satisfactorily completed in accordance with section	2027
109.572 of the Revised Code if the person comes under final	2028
consideration for employment as a precondition to employment in a	2029
position.	2030

(2) The director may employ an applicant pending receipt of	2031
reports requested under this section. The director shall terminate	2032
employment of any such applicant if it is determined from the	2033
reports that the applicant failed to inform the director that the	2034
applicant had been convicted of or pleaded guilty to any of the	2035
offenses listed or described in division (E) of this section.	2036

(L) The director may charge an applicant a fee for costs the	2037
director incurs in obtaining reports, abstracts, or fingerprint	2038
impressions under this section. A fee charged under this division	2039
shall not exceed the amount of the fees the director pays under	2040
divisions (G) and (I) of this section. If a fee is charged under	2041
this division, the director shall notify the applicant of the	2042
amount of the fee at the time of the applicant's initial	2043
application for employment and that, unless the fee is paid, the	2044
director will not consider the applicant for employment.	2045

(M) The director shall adopt rules in accordance with Chapter	2046
119. of the Revised Code to implement this section, including	2047
rules specifying circumstances under which the director may employ	2048
a person who has been convicted of or pleaded guilty to an offense	2049
listed or described in division (E) of this section but who meets	2050
standards in regard to rehabilitation set by the director.	2051

Sec. 5123.50.  As used in this section and sections 5123.51	2052
and, 5123.52, and 5123.541 of the Revised Code:	2053

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

2054

(1) The use of physical force that can reasonably be expected	2055
to result in physical harm or serious physical harm;	2056

(2) Sexual abuse;

2057

(3) Verbal abuse.

2058

(B) "Misappropriation" means depriving, defrauding, or	2059
otherwise obtaining the real or personal property of an individual	2060
by any means prohibited by the Revised Code, including violations	2061
of Chapter 2911. or 2913. of the Revised Code.	2062

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

2063

(1) An employee of the department of mental retardation and	2064
developmental disabilities;	2065

(2) An employee of a county board of mental retardation and	2066
developmental disabilities;	2067

(3) An employee in a position that includes providing	2068
specialized services to an individual with mental retardation or a	2069
another developmental disability.	2070

(D) "Neglect" means, when there is a duty to do so, failing	2071
to provide an individual with any treatment, care, goods, or	2072
services that are necessary to maintain the health and safety of	2073
the individual.	2074

(E) "Physical harm" and "serious physical harm" have the same	2075
meanings as in section 2901.01 of the Revised Code.	2076

(F) "Sexual abuse" means unlawful sexual conduct or sexual	2077
contact, as those terms are defined in section 2907.01 of the	2078
Revised Code.	2079

(G) "Specialized services" means any program or service	2080
designed and operated to serve primarily individuals with mental	2081
retardation or a developmental disability, including a program or	2082
service provided by an entity licensed or certified by the	2083
department of mental retardation and developmental disabilities. A	2084
program or service available to the general public is not a	2085
specialized service.	2086

(H) "Verbal abuse" means purposely using words to threaten,	2087
coerce, intimidate, harass, or humiliate an individual.	2088

(I) "Sexual conduct," "sexual contact," and "spouse" have the	2089
same meanings as in section 2907.01 of the Revised Code.	2090

Sec. 5123.51.  (A) In addition to any other action required	2091
by sections 5123.61 and 5126.31 of the Revised Code, the	2092
department of mental retardation and developmental disabilities	2093
shall review each report the department receives of abuse or	2094
neglect of an individual with mental retardation or a	2095
developmental disability or misappropriation of an individual's	2096
property that includes an allegation that an MR/DD employee	2097
committed or was responsible for the abuse, neglect, or	2098
misappropriation. The department shall review a report it receives	2099
from a public children services agency only after the agency	2100
completes its investigation pursuant to section 2151.421 of the	2101
Revised Code. On receipt of a notice under section 2930.061 or	2102
5123.541 of the Revised Code, the department shall review the	2103
notice.	2104

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

2105

(1) Investigate the allegation or adopt the findings of an	2106
investigation or review of the allegation conducted by another	2107
person or government entity and determine whether there is a	2108
reasonable basis for the allegation;	2109

(2) If the department determines that there is a reasonable	2110
basis for the allegation, conduct an adjudication pursuant to	2111
Chapter 119. of the Revised Code.	2112

(C)(1) The department shall appoint an independent hearing	2113
officer to conduct any hearing conducted pursuant to division	2114
(B)(2) of this section, except that, if the hearing is regarding	2115
an employee of the department who is represented by a union, the	2116
department and a representative of the union shall jointly select	2117
the hearing officer.	2118

(2) No(a) Except as provided in division (C)(2)(b) of this	2119
section, no hearing shall be conducted under division (B)(2) of	2120
this section until any criminal proceeding or collective	2121
bargaining arbitration concerning the same allegation has	2122
concluded.	2123

(b) The department may conduct a hearing pursuant to division	2124
(B)(2) of this section before a criminal proceeding concerning the	2125
same allegation is concluded if both of the following are the	2126
case:	2127

(i) The department notifies the prosecutor responsible for	2128
the criminal proceeding that the department proposes to conduct a	2129
hearing.	2130

(ii) The prosecutor consents to the hearing.

2131

(3) In conducting a hearing pursuant to division (B)(2) of	2132
this section, the hearing officer shall do bothall of the	2133
following:	2134

(a) Determine whether there is clear and convincing evidence	2135
that the MR/DD employee has done any of the following:	2136

(i) Misappropriated the property of an individualone or more	2137
individuals with mental retardation or a developmental disability	2138
that has a value, either separately or taken together, of one	2139
hundred dollars or more;	2140

(ii) Misappropriated property of an individual with mental	2141
retardation or a developmental disability that is designed to be	2142
used as a check, draft, negotiable instrument, credit card, charge	2143
card, or device for initiating an electronic fund transfer at a	2144
point of sale terminal, automated teller machine, or cash	2145
dispensing machine;	2146

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

2147

(iii)(iv) Recklessly abused or neglected such an individual,	2148
with resulting physical harm;	2149

(iv)(v) Negligently abused or neglected such an individual,	2150
with resulting serious physical harm;	2151

(vi) Recklessly neglected such an individual, creating a	2152
substantial risk of serious physical harm;	2153

(vii) Engaged in sexual conduct or had sexual contact with an	2154
individual with mental retardation or another developmental	2155
disability who was not the MR/DD employee's spouse and for whom	2156
the MR/DD employee was employed or under a contract to provide	2157
care;	2158

(viii) Unreasonably failed to make a report pursuant to	2159
division (C) of section 5123.61 of the Revised Code when the	2160
employee knew or should have known that the failure would result	2161
in a substantial risk of harm to an individual with mental	2162
retardation or a developmental disability.	2163

(b) Give weight to the decision in any collective bargaining	2164
arbitration regarding the same allegation;	2165

(c) Give weight to any relevant facts presented at the	2166
hearing.	2167

(D)(1) Unless the director of mental retardation and	2168
developmental disabilities determines that there are extenuating	2169
circumstances and except as provided in divisions (D)(4) and	2170
division (E) of this section, the director shall include in the	2171
registry established under section 5123.52 of the Revised Code the	2172
name of an MR/DD employee if the director, after considering all	2173
of the factors listed in division (C)(3) of this section, finds	2174
that there is clear and convincing evidence that thean MR/DD	2175
employee has done one or more of the things described in division	2176
(C)(3)(a) of this section the director shall include the name of	2177
the employee in the registry established under section 5123.52 of	2178
the Revised Code.	2179

(2) Extenuating circumstances the director must consider	2180
include the use of physical force by an MR/DD employee that was	2181
necessary as self-defense.	2182

(3) If the director includes an MR/DD employee in the	2183
registry established under section 5123.52 of the Revised Code,	2184
the director shall notify the employee, the person or government	2185
entity that employs or contracts with the employee, the individual	2186
with mental retardation or a developmental disability who was the	2187
subject of the report and that individual's legal guardian, if	2188
any, the attorney general, and the prosecuting attorney or other	2189
law enforcement agency. If the MR/DD employee holds a license,	2190
certificate, registration, or other authorization to engage in a	2191
profession issued pursuant to Title XLVII of the Revised Code, the	2192
director shall notify the appropriate agency, board, department,	2193
or other entity responsible for regulating the employee's	2194
professional practice.	2195

(4) The director shall not include in the registry an	2196
individual who has been found not guilty by a court or jury of an	2197
offense arising from the same factsIf an individual whose name	2198
appears on the registry is involved in a court proceeding or	2199
arbitration arising from the same facts as the allegation	2200
resulting in the individual's placement on the registry, the	2201
disposition of the proceeding or arbitration shall be noted in the	2202
registry next to the individual's name.	2203

(E) In the case of an allegation concerning an employee of	2204
the department, after the hearing conducted pursuant to division	2205
(B)(2) of this section, the director of health or that director's	2206
designee shall review the decision of the hearing officer to	2207
determine whether the standard described in division (C)(2)(3) of	2208
this section has been met. If the director or designee determines	2209
that the standard has been met and that no extenuating	2210
circumstances exist, the director or designee shall notify the	2211
director of mental retardation and developmental disabilities that	2212
the MR/DD employee is to be included in the registry established	2213
under section 5123.52 of the Revised Code. If the director of	2214
mental retardation and developmental disabilities receives such	2215
notification, the director shall include the MR/DD employee in the	2216
registry, unless division (D)(4) of this section applies, and	2217
shall provide the notification described in division (D)(3) of	2218
this section.	2219

(F) If the department is required by Chapter 119. of the	2220
Revised Code to give notice of an opportunity for a hearing and	2221
the MR/DD employee subject to the notice does not timely request a	2222
hearing in accordance with section 119.07 of the Revised Code, the	2223
department is not required to hold a hearing.	2224

(G) Files and records of investigations conducted pursuant to	2225
this section are not public records as defined in section 149.43	2226
of the Revised Code, but, on request, the department shall provide	2227
copies of those files and records to the attorney general, a	2228
prosecuting attorney, or a law enforcement agency.	2229

Sec. 5123.541.  (A) No MR/DD employee shall engage in any	2230
sexual conduct or have any sexual contact with an individual with	2231
mental retardation or another developmental disability for whom	2232
the MR/DD employee is employed or under a contract to provide care	2233
unless the individual is the MR/DD employee's spouse.	2234

(B) Any MR/DD employee who violates division (A) of this	2235
section shall be eligible to be included in the registry regarding	2236
misappropriation, abuse, neglect, or other specified misconduct by	2237
MR/DD employees established under section 5123.52 of the Revised	2238
Code, in addition to any other sanction or penalty authorized or	2239
required by law.	2240

(C)(1) Any person listed in division (C)(2) of section	2241
5123.61 of the Revised Code who has reason to believe that an	2242
MR/DD employee has violated division (A) of this section shall	2243
immediately report that belief to the department of mental	2244
retardation and developmental disabilities.	2245

(2) Any person who has reason to believe that an MR/DD	2246
employee has violated division (A) of this section may report that	2247
belief to the department of mental retardation and developmental	2248
disabilities.	2249

Sec. 5123.542.  (A) Each of the following shall annually	2250
provide a written notice to each of its MR/DD employees explaining	2251
the conduct for which an MR/DD employee may be included in the	2252
registry established under section 5123.52 of the Revised Code:	2253

(1) The department of mental retardation and developmental	2254
disabilities;	2255

(2) Each county board of mental retardation and developmental	2256
disabilities;	2257

(3) Each contracting entity, as defined in section 5126.281	2258
of the Revised Code;	2259

(4) Each owner, operator, or administrator of a residential	2260
facility, as defined in section 5123.19 of the Revised Code;	2261

(5) Each owner, operator, or administrator of a program	2262
certified by the department to provide supported living.	2263

(B) The notice described in division (A) of this section	2264
shall be in a form and provided in a manner prescribed by the	2265
department of mental retardation and developmental disabilities.	2266
The form shall be the same for all persons and entities required	2267
to provide notice under division (A) of this section.	2268

(C) The fact that an MR/DD employee does not receive the	2269
notice required by this section does not exempt the employee from	2270
inclusion in the registry established under section 5123.52 of the	2271
Revised Code.	2272

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

2273

(1) "Law enforcement agency" means the state highway patrol,	2274
the police department of a municipal corporation, or a county	2275
sheriff.	2276

(2) "Abuse" has the same meaning as in section 5123.50 of the	2277
Revised Code, except that it includes a misappropriation, as	2278
defined in that section.	2279

(3) "Neglect" has the same meaning as in section 5123.50 of	2280
the Revised Code.	2281

(B) The department of mental retardation and developmental	2282
disabilities shall establish a registry office for the purpose of	2283
maintaining reports of abuse, neglect, and other major unusual	2284
incidents made to the department under this section and reports	2285
received from county boards of mental retardation and	2286
developmental disabilities under section 5126.31 of the Revised	2287
Code. The department shall establish committees to review reports	2288
of abuse, neglect, and other major unusual incidents.	2289

(C)(1) Any person listed in division (C)(2) of this section,	2290
having reason to believe that a person with mental retardation or	2291
a developmental disability has suffered or faces a substantial	2292
risk of suffering any wound, injury, disability, or condition of	2293
such a nature as to reasonably indicate abuse or neglect of that	2294
person, shall immediately report or cause reports to be made of	2295
such information to the entity specified in this division. Except	2296
as provided in section 5120.173 of the Revised Code or as	2297
otherwise provided in this division, the person making the report	2298
shall make it to a law enforcement agency or to the county board	2299
of mental retardation and developmental disabilities, except that	2300
if. If the report concerns a resident of a facility operated by	2301
the department of mental retardation and developmental	2302
disabilities the report shall be made either to a law enforcement	2303
agency or to the department. If the report concerns any act or	2304
omission of an employee of a county board of mental retardation	2305
and developmental disabilities, the report immediately shall be	2306
made to the department and to the county board.	2307

(2) All of the following persons are required to make a	2308
report under division (C)(1) of this section:	2309

(a) Any physician, including a hospital intern or resident,	2310
any dentist, podiatrist, chiropractor, practitioner of a limited	2311
branch of medicine as specified in section 4731.15 of the Revised	2312
Code, hospital administrator or employee of a hospital, nurse	2313
licensed under Chapter 4723. of the Revised Code, employee of an	2314
ambulatory health facility as defined in section 5101.61 of the	2315
Revised Code, employee of a home health agency, employee of an	2316
adult care facility licensed under Chapter 3722. of the Revised	2317
Code, or employee of a community mental health facility;	2318

(b) Any school teacher or school authority, social worker,	2319
psychologist, attorney, peace officer, coroner, clergyman, or	2320
residents' rights advocate as defined in section 3721.10 of the	2321
Revised Code;	2322

(c) A superintendent, board member, or employee of a county	2323
board of mental retardation and developmental disabilities; an	2324
administrator, board member, or employee of a residential facility	2325
licensed under section 5123.19 of the Revised Code; an	2326
administrator, board member, or employee of any other public or	2327
private provider of services to a person with mental retardation	2328
or a developmental disability, or any MR/DD employee, as defined	2329
in section 5123.50 of the Revised Code;	2330

(d) A member of a citizen's advisory council established at	2331
an institution or branch institution of the department of mental	2332
retardation and developmental disabilities under section 5123.092	2333
of the Revised Code;	2334

(e) A clergyman who is employed in a position that includes	2335
providing specialized services to an individual with mental	2336
retardation or another developmental disability, while acting in	2337
an official or professional capacity in that position, or a person	2338
who is employed in a position that includes providing specialized	2339
services to an individual with mental retardation or another	2340
developmental disability and who, while acting in an official or	2341
professional capacity, renders spiritual treatment through prayer	2342
in accordance with the tenets of an organized religion.	2343

(3)(a) The reporting requirements of this division do not	2344
apply to members of the legal rights service commission or to	2345
employees of the legal rights service.	2346

(b) An attorney or physician is not required to make a report	2347
pursuant to division (C)(1) of this section concerning any	2348
communication the attorney or physician receives from a client or	2349
patient in an attorney-client or physician-patient relationship,	2350
if, in accordance with division (A) or (B) of section 2317.02 of	2351
the Revised Code, the attorney or physician could not testify with	2352
respect to that communication in a civil or criminal proceeding,	2353
except that the client or patient is deemed to have waived any	2354
testimonial privilege under division (A) or (B) of section 2317.02	2355
of the Revised Code with respect to that communication and the	2356
attorney or physician shall make a report pursuant to division	2357
(C)(1) of this section, if both of the following apply:	2358

(i) The client or patient, at the time of the communication,	2359
is a person with mental retardation or a developmental disability.	2360

(ii) The attorney or physician knows or suspects, as a result	2361
of the communication or any observations made during that	2362
communication, that the client or patient has suffered or faces a	2363
substantial risk of suffering any wound, injury, disability, or	2364
condition of a nature that reasonably indicates abuse or neglect	2365
of the client or patient.	2366

(4) Any person who fails to make a report required under	2367
division (C) of this section and who is an MR/DD employee, as	2368
defined in section 5123.50 of the Revised Code, shall be eligible	2369
to be included in the registry regarding misappropriation, abuse,	2370
neglect, or other specified misconduct by MR/DD employees	2371
established under section 5123.52 of the Revised Code.	2372

(D) The reports required under division (C) of this section	2373
shall be made forthwith by telephone or in person and shall be	2374
followed by a written report. The reports shall contain the	2375
following:	2376

(1) The names and addresses of the person with mental	2377
retardation or a developmental disability and the person's	2378
custodian, if known;	2379

(2) The age of the person with mental retardation or a	2380
developmental disability;	2381

(3) Any other information that would assist in the	2382
investigation of the report.	2383

(E) When a physician performing services as a member of the	2384
staff of a hospital or similar institution has reason to believe	2385
that a person with mental retardation or a developmental	2386
disability has suffered injury, abuse, or physical neglect, the	2387
physician shall notify the person in charge of the institution or	2388
that person's designated delegate, who shall make the necessary	2389
reports.	2390

(F) Any person having reasonable cause to believe that a	2391
person with mental retardation or a developmental disability has	2392
suffered or faces a substantial risk of suffering abuse or neglect	2393
may report the belief, or cause a report to be made,of that	2394
belief to the entity specified in this division. Except as	2395
provided in section 5120.173 of the Revised Code or as otherwise	2396
provided in this division, the person making the report shall make	2397
it to a law enforcement agency or the county board of mental	2398
retardation and developmental disabilities, or, if. If the person	2399
is a resident of a facility operated by the department of mental	2400
retardation and developmental disabilities, the report shall be	2401
made to a law enforcement agency or to the department. If the	2402
report concerns any act or omission of an employee of a county	2403
board of mental retardation and developmental disabilities, the	2404
report immediately shall be made to the department and to the	2405
county board.	2406

(G)(1) Upon the receipt of a report concerning the possible	2407
abuse or neglect of a person with mental retardation or a	2408
developmental disability, the law enforcement agency shall inform	2409
the county board of mental retardation and developmental	2410
disabilities or, if the person is a resident of a facility	2411
operated by the department of mental retardation and developmental	2412
disabilities, the director of the department or the director's	2413
designee.	2414

(2) On receipt of a report under this section that includes	2415
an allegation of action or inaction that may constitute a crime	2416
under federal law or the law of this state, the department of	2417
mental retardation and developmental disabilities shall notify the	2418
law enforcement agency.	2419

(3) When a county board of mental retardation and	2420
developmental disabilities receives a report under this section	2421
that includes an allegation of action or inaction that may	2422
constitute a crime under federal law or the law of this state, the	2423
superintendent of the board or an individual the superintendent	2424
designates under division (H) of this section shall notify the law	2425
enforcement agency. The superintendent or individual shall notify	2426
the department of mental retardation and developmental	2427
disabilities when it receives any report under this section.	2428

(4) When a county board of mental retardation and	2429
developmental disabilities receives a report under this section	2430
and believes that the degree of risk to the person is such that	2431
the report is an emergency, the superintendent of the board or an	2432
employee of the board the superintendent designates shall attempt	2433
a face-to-face contact with the person with mental retardation or	2434
a developmental disability who allegedly is the victim within one	2435
hour of the board's receipt of the report.	2436

(H) The superintendent of the board may designate an	2437
individual to be responsible for notifying the law enforcement	2438
agency and the department when the county board receives a report	2439
under this section.	2440

(I) An adult with mental retardation or a developmental	2441
disability about whom a report is made may be removed from the	2442
adult's place of residence only by law enforcement officers who	2443
consider that the adult's immediate removal is essential to	2444
protect the adult from further injury or abuse or in accordance	2445
with the order of a court made pursuant to section 5126.33 of the	2446
Revised Code.	2447

(J) A law enforcement agency shall investigate each report of	2448
abuse or neglect it receives under this section. In addition, the	2449
department, in cooperation with law enforcement officials, shall	2450
investigate each report regarding a resident of a facility	2451
operated by the department to determine the circumstances	2452
surrounding the injury, the cause of the injury, and the person	2453
responsible. The investigation shall be in accordance with the	2454
memorandum of understanding prepared under section 5126.058 of the	2455
Revised Code. The department shall determine, with the registry	2456
office which shall be maintained by the department, whether prior	2457
reports have been made concerning andan adult with mental	2458
retardation or a developmental disability or other principals in	2459
the case. If the department finds that the report involves action	2460
or inaction that may constitute a crime under federal law or the	2461
law of this state, it shall submit a report of its investigation,	2462
in writing, to the law enforcement agency. If the person with	2463
mental retardation or a developmental disability is an adult, with	2464
the consent of the adult, the department shall provide such	2465
protective services as are necessary to protect the adult. The law	2466
enforcement agency shall make a written report of its findings to	2467
the department.	2468

If the person is an adult and is not a resident of a facility	2469
operated by the department, the county board of mental retardation	2470
and developmental disabilities shall review the report of abuse or	2471
neglect in accordance with sections 5126.30 to 5126.33 of the	2472
Revised Code and the law enforcement agency shall make the written	2473
report of its findings to the county board.	2474

(K) Any person or any hospital, institution, school, health	2475
department, or agency participating in the making of reports	2476
pursuant to this section, any person participating as a witness in	2477
an administrative or judicial proceeding resulting from the	2478
reports, or any person or governmental entity that discharges	2479
responsibilities under sections 5126.31 to 5126.33 of the Revised	2480
Code shall be immune from any civil or criminal liability that	2481
might otherwise be incurred or imposed as a result of such actions	2482
except liability for perjury, unless the person or governmental	2483
entity has acted in bad faith or with malicious purpose.	2484

(L) No employer or any person with the authority to do so	2485
shall discharge, demote, transfer, prepare a negative work	2486
performance evaluation, reduce pay or benefits, terminate work	2487
privileges, or take any other action detrimental to an employee or	2488
retaliate against an employee as a result of the employee's having	2489
made a report under this section. This division does not preclude	2490
an employer or person with authority from taking action with	2491
regard to an employee who has made a report under this section if	2492
there is another reasonable basis for the action.	2493

(M) Reports made under this section are not public records as	2494
defined in section 149.43 of the Revised Code. Information	2495
contained in the reports on request shall be made available to the	2496
person who is the subject of the report, to the person's legal	2497
counsel, and to agencies authorized to receive information in the	2498
report by the department or by a county board of mental	2499
retardation and developmental disabilities.	2500

(N) Notwithstanding section 4731.22 of the Revised Code, the	2501
physician-patient privilege shall not be a ground for excluding	2502
evidence regarding the injuries or physical neglect of a person	2503
with mental retardation or a developmental disability or the cause	2504
thereof in any judicial proceeding resulting from a report	2505
submitted pursuant to this section.	2506

Sec. 5123.614. (A) Subject to division (B) of this section,	2507
on receipt of a report of a major unusual incident made pursuant	2508
to section 5123.61 or 5126.31 of the Revised Code or rules adopted	2509
under section 5123.612 of the Revised Code, the department of	2510
mental retardation and developmental disabilities may do either of	2511
the following:	2512

(1) Conduct an independent review or investigation of the	2513
incident;	2514

(2) Request that an independent review or investigation of	2515
the incident be conducted by a county board of mental retardation	2516
and developmental disabilities that is not implicated in the	2517
report, a regional council of government, or any other entity	2518
authorized to conduct such investigations.	2519

(B) If a report described in division (A) of this section	2520
concerning the health or safety of a person with mental	2521
retardation or a developmental disability involves an allegation	2522
that an employee of a county board of mental retardation and	2523
developmental disabilities has created a substantial risk of	2524
serious physical harm to a person with mental retardation or a	2525
developmental disability, the department shall do one of the	2526
following:	2527

(1) Conduct an independent investigation regarding the	2528
incident;	2529

(2) Request that an independent review or investigation of	2530
the incident be conducted by a county board of mental retardation	2531
and developmental disabilities that is not implicated in the	2532
report, a regional council of government, or any other entity	2533
authorized to conduct such investigations.	2534

Sec. 5123.99.  (A) Whoever violates section 5123.20 of the	2535
Revised Code is guilty of a misdemeanor of the first degree.	2536

(B) Whoever violates division (C), (E), or (G)(3) of section	2537
5123.61 of the Revised Code shall be fined not more than five	2538
hundred dollarsis guilty of a misdemeanor of the fourth degree	2539
or, if the abuse or neglect constitutes a felony, a misdemeanor of	2540
the second degree. In addition to any other sanction or penalty	2541
authorized or required by law, if a person who is convicted of or	2542
pleads guilty to a violation of division (C), (E), or (G)(3) of	2543
section 5123.61 of the Revised Code is an MR/DD employee, as	2544
defined in section 5123.50 of the Revised Code, the offender shall	2545
be eligible to be included in the registry regarding	2546
misappropriation, abuse, neglect, or other specified misconduct by	2547
MR/DD employees established under section 5123.52 of the Revised	2548
Code.	2549

(C) Whoever violates division (A) of section 5123.604 of the	2550
Revised Code is guilty of a misdemeanor of the second degree.	2551

(D) Whoever violates division (B) of section 5123.604 of the	2552
Revised Code shall be fined not more than one thousand dollars.	2553
Each violation constitutes a separate offense.	2554

Sec. 5126.058. (A) Each county board of mental retardation	2555
and developmental disabilities shall prepare a memorandum of	2556
understanding that is developed by all of the following and that	2557
is signed by the persons identified in divisions (A)(3) to (8) of	2558
this section:	2559

(1) If there is only one probate judge in the county, the	2560
probate judge of the county or the probate judge's representative;	2561

(2) If there is more than one probate judge in the county, a	2562
probate judge or the probate judge's representative selected by	2563
the probate judges or, if they are unable to do so for any reason,	2564
the probate judge who is senior in point of service or the senior	2565
probate judge's representative;	2566

(3) The county peace officer;

2567

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

2568

(5) Other law enforcement officers handling abuse, neglect,	2569
and exploitation of mentally retarded and developmentally disabled	2570
persons in the county;	2571

(6) The prosecuting attorney of the county;

2572

(7) The public children services agency;

2573

(8) The coroner of the county.

2574

(B) A memorandum of understanding shall set forth the normal	2575
operating procedure to be employed by all concerned officials in	2576
the execution of their respective responsibilities under this	2577
section and sections 313.12, 2151.421, 2903.16, 5126.31, and	2578
5126.33 of the Revised Code and shall have as its primary goal the	2579
elimination of all unnecessary interviews of persons who are the	2580
subject of reports made pursuant to this section. A failure to	2581
follow the procedure set forth in the memorandum by the concerned	2582
officials is not grounds for, and shall not result in, the	2583
dismissal of any charge or complaint arising from any reported	2584
case of abuse, neglect, or exploitation or the suppression of any	2585
evidence obtained as a result of any reported abuse, neglect, or	2586
exploitation and does not give any rights or grounds for appeal or	2587
post-conviction relief to any person.	2588

(C) A memorandum of understanding shall include, but is not	2589
limited to, all of the following:	2590

(1) The roles and responsibilities for handling emergency and	2591
nonemergency cases of abuse, neglect, or exploitation;	2592

(2) The roles and responsibilities for handling and	2593
coordinating investigations of reported cases of abuse, neglect,	2594
or exploitation and methods to be used in interviewing the person	2595
who is the subject of the report and who allegedly was abused,	2596
neglected, or exploited;	2597

(3) The roles and responsibilities for addressing the	2598
categories of persons who may interview the person who is the	2599
subject of the report and who allegedly was abused, neglected, or	2600
exploited;	2601

(4) The roles and responsibilities for providing victim	2602
services to mentally retarded and developmentally disabled persons	2603
pursuant to Chapter 2930. of the Revised Code;	2604

(5) The roles and responsibilities for the filing of criminal	2605
charges against persons alleged to have abused, neglected, or	2606
exploited mentally retarded or developmentally disabled persons.	2607

(D) A memorandum of understanding may be signed by victim	2608
advocates, municipal court judges, municipal prosecutors, and any	2609
other person whose participation furthers the goals of a	2610
memorandum of understanding, as set forth in this section.	2611

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

2612

(1) "Applicant" means a person who is under final	2613
consideration for appointment or employment in a position with a	2614
county board of mental retardation and developmental disabilities,	2615
including, but not limited to, a person who is being transferred	2616
to the county board and an employee who is being recalled or	2617
reemployed after a layoff.	2618

(2) "Criminal records check" has the same meaning as in	2619
section 109.572 of the Revised Code.	2620

(3) "Minor drug possession offense" has the same meaning as	2621
in section 2925.01 of the Revised Code.	2622

(B) The superintendent of a county board of mental	2623
retardation and developmental disabilities shall request the	2624
superintendent of the bureau of criminal identification and	2625
investigation to conduct a criminal records check with respect to	2626
any applicant who has applied to the board for employment in any	2627
position, except that a county board superintendent is not	2628
required to request a criminal records check for an employee of	2629
the board who is being considered for a different position or is	2630
returning after a leave of absence or seasonal break in	2631
employment, as long as the superintendent has no reason to believe	2632
that the employee has committed any of the offenses listed or	2633
described in division (E) of this section.	2634

If the applicant does not present proof that the applicant	2635
has been a resident of this state for the five-year period	2636
immediately prior to the date upon which the criminal records	2637
check is requested, the county board superintendent shall request	2638
that the superintendent of the bureau obtain information from the	2639
federal bureau of investigation as a part of the criminal records	2640
check for the applicant. If the applicant presents proof that the	2641
applicant has been a resident of this state for that five-year	2642
period, the county board superintendent may request that the	2643
superintendent of the bureau include information from the federal	2644
bureau of investigation in the criminal records check. For	2645
purposes of this division, an applicant may provide proof of	2646
residency in this state by presenting, with a notarized statement	2647
asserting that the applicant has been a resident of this state for	2648
that five-year period, a valid driver's license, notification of	2649
registration as an elector, a copy of an officially filed federal	2650
or state tax form identifying the applicant's permanent residence,	2651
or any other document the superintendent considers acceptable.	2652

(C) The county board superintendent shall provide to each	2653
applicant a copy of the form prescribed pursuant to division	2654
(C)(1) of section 109.572 of the Revised Code, provide to each	2655
applicant a standard impression sheet to obtain fingerprint	2656
impressions prescribed pursuant to division (C)(2) of section	2657
109.572 of the Revised Code, obtain the completed form and	2658
impression sheet from each applicant, and forward the completed	2659
form and impression sheet to the superintendent of the bureau of	2660
criminal identification and investigation at the time the criminal	2661
records check is requested.	2662

Any applicant who receives pursuant to this division a copy	2663
of the form prescribed pursuant to division (C)(1) of section	2664
109.572 of the Revised Code and a copy of an impression sheet	2665
prescribed pursuant to division (C)(2) of that section and who is	2666
requested to complete the form and provide a set of fingerprint	2667
impressions shall complete the form or provide all the information	2668
necessary to complete the form and shall provide the impression	2669
sheet with the impressions of the applicant's fingerprints. If an	2670
applicant, upon request, fails to provide the information	2671
necessary to complete the form or fails to provide impressions of	2672
the applicant's fingerprints, the county board superintendent	2673
shall not employ that applicant.	2674

(D) A county board superintendent may request any other state	2675
or federal agency to supply the board with a written report	2676
regarding the criminal record of each applicant. With regard to an	2677
applicant who becomes a board employee, if the employee holds an	2678
occupational or professional license or other credentials, the	2679
superintendent may request that the state or federal agency that	2680
regulates the employee's occupation or profession supply the board	2681
with a written report of any information pertaining to the	2682
employee's criminal record that the agency obtains in the course	2683
of conducting an investigation or in the process of renewing the	2684
employee's license or other credentials.	2685

(E) Except as provided in division (K)(2) of this section and	2686
in rules adopted by the department of mental retardation and	2687
developmental disabilities in accordance with division (M) of this	2688
section, no county board of mental retardation and developmental	2689
disabilities shall employ a person to fill a position with the	2690
board who has been convicted of or pleaded guilty to any of the	2691
following:	2692

(1) A violation of section 2903.01, 2903.02, 2903.03,	2693
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	2694
2903.341, 2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04,	2695
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22,	2696
2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323,	2697
2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24,	2698
2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04,	2699
2925.05, 2925.06, or 3716.11 of the Revised Code, a violation of	2700
section 2905.04 of the Revised Code as it existed prior to July 1,	2701
1996, a violation of section 2919.23 of the Revised Code that	2702
would have been a violation of section 2905.04 of the Revised Code	2703
as it existed prior to July 1, 1996, had the violation occurred	2704
prior to that date, a violation of section 2925.11 of the Revised	2705
Code that is not a minor drug possession offense, or felonious	2706
sexual penetration in violation of former section 2907.12 of the	2707
Revised Code;	2708

(2) A felony contained in the Revised Code that is not listed	2709
in this division, if the felony bears a direct and substantial	2710
relationship to the duties and responsibilities of the position	2711
being filled;	2712

(3) Any offense contained in the Revised Code constituting a	2713
misdemeanor of the first degree on the first offense and a felony	2714
on a subsequent offense, if the offense bears a direct and	2715
substantial relationship to the position being filled and the	2716
nature of the services being provided by the county board;	2717

(4) A violation of an existing or former municipal ordinance	2718
or law of this state, any other state, or the United States, if	2719
the offense is substantially equivalent to any of the offenses	2720
listed or described in division (E)(1), (2), or (3) of this	2721
section.	2722

(F) Prior to employing an applicant, the county board	2723
superintendent shall require the applicant to submit a statement	2724
with the applicant's signature attesting that the applicant has	2725
not been convicted of or pleaded guilty to any of the offenses	2726
listed or described in division (E) of this section. The	2727
superintendent also shall require the applicant to sign an	2728
agreement under which the applicant agrees to notify the	2729
superintendent within fourteen calendar days if, while employed by	2730
the board, the applicant is ever formally charged with, convicted	2731
of, or pleads guilty to any of the offenses listed or described in	2732
division (E) of this section. The agreement shall inform the	2733
applicant that failure to report formal charges, a conviction, or	2734
a guilty plea may result in being dismissed from employment.	2735

(G) A county board of mental retardation and developmental	2736
disabilities shall pay to the bureau of criminal identification	2737
and investigation the fee prescribed pursuant to division (C)(3)	2738
of section 109.572 of the Revised Code for each criminal records	2739
check requested and conducted pursuant to this section.	2740

(H)(1) Any report obtained pursuant to this section is not a	2741
public record for purposes of section 149.43 of the Revised Code	2742
and shall not be made available to any person, other than the	2743
applicant who is the subject of the records check or criminal	2744
records check or the applicant's representative, the board	2745
requesting the records check or criminal records check or its	2746
representative, the department of mental retardation and	2747
developmental disabilities, and any court, hearing officer, or	2748
other necessary individual involved in a case dealing with the	2749
denial of employment to the applicant or the denial, suspension,	2750
or revocation of a certificate or evidence of registration under	2751
section 5126.25 of the Revised Code.	2752

(2) An individual for whom a county board superintendent has	2753
obtained reports under this section may submit a written request	2754
to the county board to have copies of the reports sent to any	2755
state agency, entity of local government, or private entity. The	2756
individual shall specify in the request the agencies or entities	2757
to which the copies are to be sent. On receiving the request, the	2758
county board shall send copies of the reports to the agencies or	2759
entities specified.	2760

A county board may request that a state agency, entity of	2761
local government, or private entity send copies to the board of	2762
any report regarding a records check or criminal records check	2763
that the agency or entity possesses, if the county board obtains	2764
the written consent of the individual who is the subject of the	2765
report.	2766

(I) Each county board superintendent shall request the	2767
registrar of motor vehicles to supply the superintendent with a	2768
certified abstract regarding the record of convictions for	2769
violations of motor vehicle laws of each applicant who will be	2770
required by the applicant's employment to transport individuals	2771
with mental retardation or developmental disabilities or to	2772
operate the board's vehicles for any other purpose. For each	2773
abstract provided under this section, the board shall pay the	2774
amount specified in section 4509.05 of the Revised Code.	2775

(J) The county board superintendent shall provide each	2776
applicant with a copy of any report or abstract obtained about the	2777
applicant under this section. At the request of the director of	2778
mental retardation and developmental disabilities, the	2779
superintendent also shall provide the director with a copy of a	2780
report or abstract obtained under this section.	2781

(K)(1) The county board superintendent shall inform each	2782
person, at the time of the person's initial application for	2783
employment, that the person is required to provide a set of	2784
impressions of the person's fingerprints and that a criminal	2785
records check is required to be conducted and satisfactorily	2786
completed in accordance with section 109.572 of the Revised Code	2787
if the person comes under final consideration for appointment or	2788
employment as a precondition to employment in a position.	2789

(2) A board may employ an applicant pending receipt of	2790
reports requested under this section. The board shall terminate	2791
employment of any such applicant if it is determined from the	2792
reports that the applicant failed to inform the county board that	2793
the applicant had been convicted of or pleaded guilty to any of	2794
the offenses listed or described in division (E) of this section.	2795

(L) The board may charge an applicant a fee for costs it	2796
incurs in obtaining reports, abstracts, or fingerprint impressions	2797
under this section. A fee charged under this division shall not	2798
exceed the amount of the fees the board pays under divisions (G)	2799
and (I) of this section. If a fee is charged under this division,	2800
the board shall notify the applicant of the amount of the fee at	2801
the time of the applicant's initial application for employment and	2802
that, unless the fee is paid, the board will not consider the	2803
applicant for employment.	2804

(M) The department of mental retardation and developmental	2805
disabilities shall adopt rules pursuant to Chapter 119. of the	2806
Revised Code to implement this section and section 5126.281 of the	2807
Revised Code, including rules specifying circumstances under which	2808
a county board or contracting entity may hire a person who has	2809
been convicted of or pleaded guilty to an offense listed or	2810
described in division (E) of this section but who meets standards	2811
in regard to rehabilitation set by the department. The rules may	2812
not authorize a county board or contracting entity to hire an	2813
individual who is included in the registry established under	2814
section 5123.52 of the Revised Code.	2815

Sec. 5126.30.  As used in sections 5126.30 to 5126.34 of the	2816
Revised Code:	2817

(A) "Adult" means a person eighteen years of age or older	2818
with mental retardation or a developmental disability.	2819

(B) "Caretaker" means a person who is responsible for the	2820
care of an adult by order of a court, including an order of	2821
guardianship, or who assumes the responsibility for the care of an	2822
adult as a volunteer, as a family member, by contract, or by the	2823
acceptance of payment for care.	2824

(C) "Abuse" has the same meaning as in section 5123.50 of the	2825
Revised Code, except that it includes a misappropriation, as	2826
defined in that section.	2827

(D) "Neglect" has the same meaning as in section 5123.50 of	2828
the Revised Code.	2829

(E) "Exploitation" means the unlawful or improper act of a	2830
caretaker using an adult or an adult's resources for monetary or	2831
personal benefit, profit, or gain, including misappropriation, as	2832
defined in section 5123.50 of the Revised Code, of an adult's	2833
resources.	2834

(F) "Working day" means Monday, Tuesday, Wednesday, Thursday,	2835
or Friday, except when that day is a holiday as defined in section	2836
1.14 of the Revised Code.	2837

(F)(G) "Incapacitated" means lacking understanding or	2838
capacity, with or without the assistance of a caretaker, to make	2839
and carry out decisions regarding food, clothing, shelter, health	2840
care, or other necessities, but does not include mere refusal to	2841
consent to the provision of services.	2842

(H) "Emergency protective services" means protective services	2843
furnished to a person with mental retardation or a developmental	2844
disability to prevent immediate physical harm.	2845

(I) "Protective services" means services provided by the	2846
county board of mental retardation and developmental disabilities	2847
to an adult with mental retardation or a developmental disability	2848
for the prevention, correction, or discontinuance of an act of as	2849
well as conditions resulting from abuse, neglect, or exploitation.	2850

(J) "Protective service plan" means an individualized plan	2851
developed by the county board of mental retardation and	2852
developmental disabilities to prevent the further abuse, neglect,	2853
or exploitation of an adult with mental retardation or a	2854
developmental disability.	2855

(K) "Substantial risk" has the same meaning as in section	2856
2901.01 of the Revised Code.	2857

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

2858

(1) An adult who is the subject of a probate proceeding under	2859
sections 5126.30 to 5126.33 of the Revised Code;	2860

(2) A caretaker, unless otherwise ordered by the probate	2861
court;	2862

(3) Any other person designated as a party by the probate	2863
court including but not limited to, the adult's spouse, custodian,	2864
guardian, or parent.	2865

(M) "Board" has the same meaning as in section 5126.02 of the	2866
Revised Code.	2867

Sec. 5126.33.  (A) A county board of mental retardation and	2868
developmental disabilities may file a complaint with the probate	2869
court of the county in which an adult with mental retardation or a	2870
developmental disability resides for an order authorizing the	2871
board to arrange services described in division (C) of section	2872
5126.31 of the Revised Code for that adult if the adult is	2873
eligible to receive services or support under section 5126.041 of	2874
the Revised Code and the board has been unable to secure consent.	2875
The complaint shall include:	2876

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

2877

(2) Facts describing the nature of the abuse or, neglect, or	2878
exploitation and supporting the board's belief that services are	2879
needed;	2880

(3) The types of services proposed by the board, as set forth	2881
in the individualizedprotective service plan prepared pursuant to	2882
described in division (J) of section 5126.315126.30 of the	2883
Revised Code and filed with the complaint;	2884

(4) Facts showing the board's attempts to obtain the consent	2885
of the adult or the adult's guardian to the services.	2886

(B) The board shall give the adult notice of the filing of	2887
the complaint and in simple and clear language shall inform the	2888
adult of the adult's rights in the hearing under division (C) of	2889
this section and explain the consequences of a court order. This	2890
notice shall be personally served upon the adultall parties, and	2891
also shall be given to the adult's caretaker, the adult's legal	2892
counsel, if any, and the legal rights service. The notice shall be	2893
given at least twenty-four hours prior to the hearing, although	2894
the court may waive this requirement upon a showing that there is	2895
a substantial risk that the adult will suffer immediate physical	2896
harm in the twenty-four hour period and that the board has made	2897
reasonable attempts to give the notice required by this division.	2898

(C) Upon the filing of a complaint for an order under this	2899
section, the court shall hold a hearing at least twenty-four hours	2900
and no later than seventy-two hours after the notice under	2901
division (B) of this section has been given unless the court has	2902
waived the notice. The adultAll parties shall have the right to	2903
be present at the hearing, present evidence, and examine and	2904
cross-examine witnesses. The Ohio Rules of Evidence shall apply to	2905
a hearing conducted pursuant to this division. The adult shall be	2906
represented by counsel unless the court finds that the adult has	2907
made a voluntary, informed, and knowing waiver of the right to	2908
counsel. If the adult is indigent, the court shall appoint counsel	2909
to represent the adult. The board shall be represented by the	2910
county prosecutor or an attorney designated by the board.	2911

(D)(1) The court shall issue an order authorizing the board	2912
to arrange the protective services if it finds, on the basis of	2913
clear and convincing evidence, all of the following:	2914

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

2915

(b) The adult is incapacitated;

2916

(c) There is a substantial risk to the adult of immediate	2917
physical harm or death;	2918

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

2919

(e) No person authorized by law or court order to give	2920
consent for the adult is available or willing to consent to the	2921
services.	2922

(2) The board shall develop a detailed protective service	2923
plan describing the services that the board will provide, or	2924
arrange for the provision of, to the adult to prevent further	2925
abuse, neglect, or exploitation. The board shall submit the plan	2926
to the court for approval. The protective service plan may be	2927
changed only by court order.	2928

(3) In formulating the order, the court shall consider the	2929
individual protective service plan and shall specifically	2930
designate the services that are necessary to deal with the abuse	2931
or, neglect, or exploitation or condition resulting from abuse or,	2932
neglect, or exploitation and that are available locally, and	2933
authorize the board to arrange for these services only. The court	2934
shall limit the provision of these services to a period not	2935
exceeding fourteen dayssix months, renewable for an additional	2936
fourteen-daysix-month period on a showing by the board that	2937
continuation of the order is necessary.	2938

(E) If the court finds that all other options for meeting the	2939
adult's needs have been exhausted, it may order that the adult be	2940
removed from the adult's place of residence and placed in another	2941
residential setting. Before issuing that order, the court shall	2942
consider the adult's choice of residence and shall determine that	2943
the new residential setting is the least restrictive alternative	2944
available for meeting the adult's needs and is a place where the	2945
adult can obtain the necessary requirements for daily living in	2946
safety. The court shall not order an adult to a hospital or public	2947
hospital as defined in section 5122.01 or a state institution as	2948
defined in section 5123.01 of the Revised Code.	2949

(F) The court shall not authorize a change in an adult's	2950
placement ordered under division (E) of this section unless it	2951
finds compelling reasons to justify a change. The parties to whom	2952
notice was given in division (B) of this section shall be given	2953
notice of a proposed change at least five working days prior to	2954
the change.	2955

(G) The adult, the board, or any other person who received	2956
notice of the petition may file a motion for modification of the	2957
court order at any time.	2958

(H) The county board shall pay court costs incurred in	2959
proceedings brought pursuant to this section. The adult shall not	2960
be required to pay for court-ordered services.	2961

(I)(1) After the filing of a complaint for an order under	2962
this section, the court, prior to the final disposition, may enter	2963
any temporary order that the court finds necessary to protect the	2964
adult with mental retardation or a developmental disability from	2965
abuse, neglect, or exploitation including, but not limited to, the	2966
following:	2967

(a) A temporary protection order;

2968

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

2969

(c) An order requiring a party to vacate the adult's place of	2970
residence or legal settlement, provided that, subject to division	2971
(K)(1)(d) of this section, no operator of a residential facility	2972
licensed by the department may be removed under this division;	2973

(d) In the circumstances described in, and in accordance with	2974
the procedures set forth in, section 5123.191 of the Revised Code,	2975
an order of the type described in that section that appoints a	2976
receiver to take possession of and operate a residential facility	2977
licensed by the department.	2978

(2) The court may grant an ex parte order pursuant to this	2979
division on its own motion or if a party files a written motion or	2980
makes an oral motion requesting the issuance of the order and	2981
stating the reasons for it if it appears to the court that the	2982
best interest and the welfare of the adult require that the court	2983
issue the order immediately. The court, if acting on its own	2984
motion, or the person requesting the granting of an ex parte	2985
order, to the extent possible, shall give notice of its intent or	2986
of the request to all parties, the adult's legal counsel, if any,	2987
and the legal rights service. If the court issues an ex parte	2988
order, the court shall hold a hearing to review the order within	2989
seventy-two hours after it is issued or before the end of the next	2990
day after the day on which it is issued, whichever occurs first.	2991
The court shall give written notice of the hearing to all parties	2992
to the action.	2993

Sec. 5126.331. (A) A probate court, through a probate judge	2994
or magistrate, may issue by telephone an ex parte emergency order	2995
authorizing any of the actions described in division (B) of this	2996
section if all of the following are the case:	2997

(1) The court receives notice from the county board of mental	2998
retardation and developmental disabilities, or an authorized	2999
employee of the board, that the board or employee believes an	3000
emergency order is needed as described in this section.	3001

(2) The adult who is the subject of the notice is eligible to	3002
receive services or support under section 5126.041 of the Revised	3003
Code.	3004

(3) There is reasonable cause to believe that the adult is	3005
incapacitated.	3006

(4) There is reasonable cause to believe that there is a	3007
substantial risk to the adult of immediate physical harm or death.	3008

(B) An order issued under this section may authorize the	3009
county board of mental retardation and developmental disabilities	3010
to do any of the following:	3011

(1) Provide, or arrange for the provision of, emergency	3012
protective services for the adult;	3013

(2) Remove the adult from the adult's place of residence or	3014
legal settlement;	3015

(3) Remove the adult from the place where the abuse, neglect,	3016
or exploitation occurred.	3017

(C) A court shall not issue an order under this section to	3018
remove an adult from a place described in division (B)(2) or (3)	3019
of this section until the court is satisfied that reasonable	3020
efforts have been made to notify the adult and any person with	3021
whom the adult resides of the proposed removal and the reasons for	3022
it, except that, the court may issue an order prior to giving the	3023
notice if one of the following is the case:	3024

(1) Notification could jeopardize the physical or emotional	3025
safety of the adult.	3026

(2) The notification could result in the adult being removed	3027
from the court's jurisdiction.	3028

(D) An order issued under this section shall be in effect for	3029
not longer than twenty-four hours, except that if the day	3030
following the day on which the order is issued is a weekend-day or	3031
legal holiday, the order shall remain in effect until the next	3032
business day.	3033

(E)(1) Except as provided in division (E)(2) of this section,	3034
not later than twenty-four hours after an order is issued under	3035
this section, the county board or employee that provided notice to	3036
the probate court shall file a complaint with the court in	3037
accordance with division (A) of section 5126.33 of the Revised	3038
Code.	3039

(2) If the day following the day on which the order was	3040
issued is a weekend-day or a holiday, the county board or employee	3041
shall file the complaint with the probate court on the next	3042
business day.	3043

(3) Except as provided in section 5126.332 of the Revised	3044
Code, proceedings on the complaint filed pursuant to this division	3045
shall be conducted in accordance with section 5126.33 of the	3046
Revised Code.	3047

Sec. 5126.332.  (A) If an order is issued pursuant to section	3048
5126.331 of the Revised Code, the court shall hold a hearing not	3049
later than twenty-four hours after the issuance to determine	3050
whether there is probable cause for the order, except that if the	3051
day following the day on which the order is issued is a	3052
weekend-day or legal holiday, the court shall hold the hearing on	3053
the next business day.	3054

(B) At the hearing, the court:

3055

(1) Shall consider the adult's choice of residence and	3056
determine whether protective services are the least restrictive	3057
alternative available for meeting the adult's needs;	3058

(2) May issue temporary orders to protect the adult from	3059
immediate physical harm, including, but not limited to, temporary	3060
protection orders, evaluations, and orders requiring a party to	3061
vacate the adult's place of residence or legal settlement;	3062

(3) May order emergency protective services.

3063

(C) A temporary order issued pursuant to division (B)(2) of	3064
this section is effective for thirty days. The court may renew the	3065
order for an additional thirty-day period.	3066

Sec. 5126.333. Any person who has reason to believe that	3067
there is a substantial risk to an adult with mental retardation or	3068
a developmental disability of immediate physical harm or death and	3069
that the responsible county board of mental retardation and	3070
developmental disabilities has failed to seek an order pursuant to	3071
section 5126.33 or 5126.331 of the Revised Code may notify the	3072
department of mental retardation and developmental disabilities.	3073
Within twenty-four hours of receipt of such notice, the department	3074
shall cause an investigation to be conducted regarding the notice.	3075
The department shall provide assistance to the county board to	3076
provide for the health and safety of the adult as permitted by	3077
law.	3078

Section 2. That existing sections 109.572, 313.12, 2108.50,	3079
2151.421, 2311.14, 2930.03, 5120.173, 5123.081, 5123.50, 5123.51,	3080
5123.61, 5123.99, 5126.28, 5126.30, and 5126.33 of the Revised	3081
Code are hereby repealed.	3082

Section 3. The Department of Mental Retardation and	3083
Developmental Disabilities shall adopt rules pursuant to Chapter	3084
119. of the Revised Code that provide standards for the	3085
substantiation by the Department and by county boards of mental	3086
retardation of reports of abuse or neglect filed under section	3087
5123.61 of the Revised Code.	3088

Section 4. Section 2151.421 of the Revised Code is presented	3089
in this act as a composite of the section as amended by Am. Sub.	3090
H.B. 374, Sub. H.B. 510, and Am. Sub. S.B. 221 all of the 124th	3091
General Assembly. Section 5126.28 of the Revised Code is presented	3092
in this act as a composite of the section as amended by both Sub.	3093
H.B. 538 and Sub. S.B. 171 of the 123rd General Assembly. The	3094
General Assembly, applying the principle stated in division (B) of	3095
section 1.52 of the Revised Code that amendments are to be	3096
harmonized if reasonably capable of simultaneous operation, finds	3097
that the composites are the resulting versions of the sections in	3098
effect prior to the effective date of the sections as presented in	3099
this act.	3100

Section 5. This act is hereby declared to be an emergency	3101
measure necessary for the immediate preservation of the public	3102
peace, health, and safety. The reason for such necessity is that	3103
persons who are mentally retarded or developmentally disabled	3104
crucially need the protections this act affords against their	3105
victimization by criminal conduct, and the procedures this act	3106
provides regarding the investigation and prosecution of criminal	3107
conduct committed against them. Therefore, this act shall go into	3108
immediate effect.	3109