REPRESENTATIVES Reidelbach, Widowfield, Book, Gilb, Harwood, Allen, Aslanides, Barrett, Beatty, Brown, Buehrer, Callender, Calvert, Carano, Carmichael, Cates, Chandler, Cirelli, Clancy, Collier, Core, Daniels, DeBose, DePiero, Domenick, Driehaus, C. Evans, D. Evans, Faber, Fessler, Flowers, Gibbs, Hagan, Hartnett, Hollister, Hoops, Hughes, Husted, Jolivette, Kearns, Key, Kilbane, Latta, Martin, Niehaus, Oelslager, Olman, Otterman, S. Patton, T. Patton, Perry, Peterson, Price, Raussen, Redfern, Reinhard, Schaffer, Schlichter, Schmidt, Schneider, Seaver, Seitz, Setzer, G. Smith, S. Smith, D. Stewart, J. Stewart, Strahorn, Taylor, Ujvagi, Wagner, Webster, White, Widener, Willamowski, Wilson, Wolpert, Woodard

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, and to provide a mechanism for the

10

closing of developmental centers of the Department

11

of Mental Retardation and Developmental

12

Disabilities that involves independent studies and

13

public hearings.

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
2903.341, 2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21,	74
2903.34, 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 3701.881 of	137
the Revised Code with respect to an applicant for employment with	138
a home health agency in a position that involves providing direct	139
care to an older adult, a completed form prescribed pursuant to	140
division (C)(1) of this section, and a set of fingerprint	141
impressions obtained in the manner described in division (C)(2) of	142
this section, the superintendent of the bureau of criminal	143
identification and investigation shall conduct a criminal records	144
check. The superintendent shall conduct the criminal records check	145
in the manner described in division (B) of this section to	146
determine whether any information exists that indicates that the	147
person who is the subject of the request previously has been	148
convicted of or pleaded guilty to any of the following:	149

(a) A violation of section 2903.01, 2903.02, 2903.03,	150
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	151
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,	152
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,	153
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,	154
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,	155
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,	156
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,	157
2925.22, 2925.23, or 3716.11 of the Revised Code;	158

(b) An existing or former law of this state, any other state,	159
or the United States that is substantially equivalent to any of	160
the offenses listed in division (A)(5)(a) of this section.	161

(6) When conducting a criminal records check upon a request	162
pursuant to section 3319.39 of the Revised Code for an applicant	163
who is a teacher, in addition to the determination made under	164
division (A)(1) of this section, the superintendent shall	165
determine whether any information exists that indicates that the	166
person who is the subject of the request previously has been	167
convicted of or pleaded guilty to any offense specified in section	168
3319.31 of the Revised Code.	169

(7) When conducting a criminal records check on a request	170
pursuant to section 2151.86 of the Revised Code for a person who	171
is a prospective foster caregiver or who is eighteen years old or	172
older and resides in the home of a prospective foster caregiver,	173
the superintendent, in addition to the determination made under	174
division (A)(1) of this section, shall determine whether any	175
information exists that indicates that the person has been	176
convicted of or pleaded guilty to a violation of:	177

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

178

(b) An existing or former law of this state, any other state,	179
or the United States that is substantially equivalent to section	180
2909.02 or 2909.03 of the Revised Code.	181

(8) Not later than thirty days after the date the	182
superintendent receives the request, completed form, and	183
fingerprint impressions, the superintendent shall send the person,	184
board, or entity that made the request any information, other than	185
information the dissemination of which is prohibited by federal	186
law, the superintendent determines exists with respect to the	187
person who is the subject of the request that indicates that the	188
person previously has been convicted of or pleaded guilty to any	189
offense listed or described in division (A)(1), (2), (3), (4),	190
(5), (6), or (7) of this section, as appropriate. The	191
superintendent shall send the person, board, or entity that made	192
the request a copy of the list of offenses specified in division	193
(A)(1), (2), (3), (4), (5), (6), or (7) of this section, as	194
appropriate. If the request was made under section 3701.881 of the	195
Revised Code with regard to an applicant who may be both	196
responsible for the care, custody, or control of a child and	197
involved in providing direct care to an older adult, the	198
superintendent shall provide a list of the offenses specified in	199
divisions (A)(4) and (5) of this section.	200

(B) The superintendent shall conduct any criminal records	201
check requested under section 173.41, 2151.86, 3301.32, 3301.541,	202
3319.39, 3701.881, 3712.09, 3721.121, 3722.151, 5104.012,	203
5104.013, 5123.081, 5126.28, 5126.281, or 5153.111 of the Revised	204
Code as follows:	205

(1) The superintendent shall review or cause to be reviewed	206
any relevant information gathered and compiled by the bureau under	207
division (A) of section 109.57 of the Revised Code that relates to	208
the person who is the subject of the request, including any	209
relevant information contained in records that have been sealed	210
under section 2953.32 of the Revised Code;	211

(2) If the request received by the superintendent asks for	212
information from the federal bureau of investigation, the	213
superintendent shall request from the federal bureau of	214
investigation any information it has with respect to the person	215
who is the subject of the request and shall review or cause to be	216
reviewed any information the superintendent receives from that	217
bureau.	218

(C)(1) The superintendent shall prescribe a form to obtain	219
the information necessary to conduct a criminal records check from	220
any person for whom a criminal records check is required by	221
section 173.41, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881,	222
3712.09, 3721.121, 3722.151, 5104.012, 5104.013, 5123.081,	223
5126.28, 5126.281, or 5153.111 of the Revised Code. The form that	224
the superintendent prescribes pursuant to this division may be in	225
a tangible format, in an electronic format, or in both tangible	226
and electronic formats.	227

(2) The superintendent shall prescribe standard impression	228
sheets to obtain the fingerprint impressions of any person for	229
whom a criminal records check is required by section 173.41,	230
2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 3721.121,	231
3722.151, 5104.012, 5104.013, 5123.081, 5126.28, 5126.281, or	232
5153.111 of the Revised Code. Any person for whom a records check	233
is required by any of those sections shall obtain the fingerprint	234
impressions at a county sheriff's office, municipal police	235
department, or any other entity with the ability to make	236
fingerprint impressions on the standard impression sheets	237
prescribed by the superintendent. The office, department, or	238
entity may charge the person a reasonable fee for making the	239
impressions. The standard impression sheets the superintendent	240
prescribes pursuant to this division may be in a tangible format,	241
in an electronic format, or in both tangible and electronic	242
formats.	243

(3) Subject to division (D) of this section, the	244
superintendent shall prescribe and charge a reasonable fee for	245
providing a criminal records check requested under section 173.41,	246
2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 3721.121,	247
3722.151, 5104.012, 5104.013, 5123.081, 5126.28, 5126.281, or	248
5153.111 of the Revised Code. The person making a criminal records	249
request under section 173.41, 2151.86, 3301.32, 3301.541, 3319.39,	250
3701.881, 3712.09, 3721.121, 3722.151, 5104.012, 5104.013,	251
5123.081, 5126.28, 5126.281, or 5153.111 of the Revised Code shall	252
pay the fee prescribed pursuant to this division. A person making	253
a request under section 3701.881 of the Revised Code for a	254
criminal records check for an applicant who may be both	255
responsible for the care, custody, or control of a child and	256
involved in providing direct care to an older adult shall pay one	257
fee for the request.	258

(4) The superintendent of the bureau of criminal	259
identification and investigation may prescribe methods of	260
forwarding fingerprint impressions and information necessary to	261
conduct a criminal records check, which methods shall include, but	262
not be limited to, an electronic method.	263

(D) A determination whether any information exists that	264
indicates that a person previously has been convicted of or	265
pleaded guilty to any offense listed or described in division	266
(A)(1)(a) or (b), (A)(2)(a) or (b), (A)(3)(a) or (b), (A)(4)(a) or	267
(b), (A)(5)(a) or (b), (A)(6), or (A)(7)(a) or (b) of this section	268
that is made by the superintendent with respect to information	269
considered in a criminal records check in accordance with this	270
section is valid for the person who is the subject of the criminal	271
records check for a period of one year from the date upon which	272
the superintendent makes the determination. During the period in	273
which the determination in regard to a person is valid, if another	274
request under this section is made for a criminal records check	275
for that person, the superintendent shall provide the information	276
that is the basis for the superintendent's initial determination	277
at a lower fee than the fee prescribed for the initial criminal	278
records check.	279

(E) As used in this section:

280

(1) "Criminal records check" means any criminal records check	281
conducted by the superintendent of the bureau of criminal	282
identification and investigation in accordance with division (B)	283
of this section.	284

(2) "Minor drug possession offense" has the same meaning as	285
in section 2925.01 of the Revised Code.	286

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

287

Sec. 313.12. (A) When any person dies as a result of criminal	288
or other violent means, by casualty, by suicide, or in any	289
suspicious or unusual manner, or when any person, including a	290
child under two years of age, dies suddenly when in apparent good	291
health, or when any mentally retarded person or developmentally	292
disabled person dies regardless of the circumstances, the	293
physician called in attendance, or any member of an ambulance	294
service, emergency squad, or law enforcement agency who obtains	295
knowledge thereof arising from histhe person's duties, shall	296
immediately notify the office of the coroner of the known facts	297
concerning the time, place, manner, and circumstances of the	298
death, and any other information whichthat is required pursuant	299
to sections 313.01 to 313.22 of the Revised Code. In such cases,	300
if a request is made for cremation, the funeral director called in	301
attendance shall immediately notify the coroner.	302

(B) As used in this section, "mentally retarded person" and	303
"developmentally disabled person" have the same meanings as in	304
section 5123.01 of the Revised Code.	305

Sec. 2108.50.  (A) AnSubject to section 2108.521 of the	306
Revised Code, an autopsy or post-mortem examination may be	307
performed upon the body of a deceased person by a licensed	308
physician or surgeon if consent has been given in the order named	309
by one of the following persons of sound mind and eighteen years	310
of age or older in a written instrument executed by the person or	311
on the person's behalf at the person's express direction:	312

(1) The deceased person during the deceased person's	313
lifetime;	314

(2) The decedent's spouse;

315

(3) If there is no surviving spouse, if the address of the	316
surviving spouse is unknown or outside the United States, if the	317
surviving spouse is physically or mentally unable or incapable of	318
giving consent, or if the deceased person was separated and living	319
apart from such surviving spouse, then a person having the first	320
named degree of relationship in the following list in which a	321
relative of the deceased person survives and is physically and	322
mentally able and capable of giving consent may execute consent:	323

(a) Children;

324

(b) Parents;

325

(c) Brothers or sisters.

326

(4) If there are no surviving persons of any degree of	327
relationship listed in division (A)(3) of this section, any other	328
relative or person who assumes custody of the body for burial.;	329

(5) A person authorized by written instrument executed by the	330
deceased person to make arrangements for burial.;	331

(6) A person who, at the time of death of the deceased	332
person, was serving as guardian of the person for the deceased	333
person.	334

(B) Consent to an autopsy or post-mortem examination given	335
under this section may be revoked only by the person executing the	336
consent and in the same manner as required for execution of	337
consent under this section.	338

(C) As used in this section, "written instrument" includes a	339
telegram or cablegram.	340

Sec. 2108.521.  (A) If a mentally retarded person or a	341
developmentally disabled person dies, if the department of mental	342
retardation and developmental disabilities or a county board of	343
mental retardation and developmental disabilities has a good faith	344
reason to believe that the deceased person's death occurred under	345
suspicious circumstances, if the coroner was apprised of the	346
circumstances of the death, and if the coroner after being so	347
apprised of the circumstances declines to conduct an autopsy, the	348
department or the board may file a petition in a court of common	349
pleas seeking an order authorizing an autopsy or post-mortem	350
examination under this section.	351

(B) Upon the filing of a petition under division (A) of this	352
section, the court may conduct, but is not required to conduct, a	353
hearing on the petition. The court may determine whether to grant	354
the petition without a hearing. The department or board, and all	355
other interested parties, may submit information and statements to	356
the court that are relevant to the petition, and, if the court	357
conducts a hearing, may present evidence and testimony at the	358
hearing. The court shall order the requested autopsy or	359
post-mortem examination if it finds that, under the circumstances,	360
the department or board has demonstrated a need for the autopsy or	361
post-mortem examination. The court shall order an autopsy or	362
post-mortem examination in the circumstances specified in this	363
division regardless of whether any consent has been given, or has	364
been given and withdrawn, under section 2108.50 of the Revised	365
Code, and regardless of whether any information was presented to	366
the coroner pursuant to section 313.131 of the Revised Code or to	367
the court under this section regarding an autopsy being contrary	368
to the deceased person's religious beliefs.	369

(C) An autopsy or post-mortem examination ordered under this	370
section may be performed upon the body of the deceased person by a	371
licensed physician or surgeon. The court may identify in the order	372
the person who is to perform the autopsy or post-mortem	373
examination. If an autopsy or post-mortem examination is ordered	374
under this section, the department or board that requested the	375
autopsy or examination shall pay the physician or surgeon who	376
performs the autopsy or examination for costs and expenses	377
incurred in performing the autopsy or examination.	378

Sec. 2151.421.  (A)(1)(a) No person described in division	379
(A)(1)(b) of this section who is acting in an official or	380
professional capacity and knows or suspects that a child under	381
eighteen years of age or a mentally retarded, developmentally	382
disabled, or physically impaired child under twenty-one years of	383
age has suffered or faces a threat of suffering any physical or	384
mental wound, injury, disability, or condition of a nature that	385
reasonably indicates abuse or neglect of the child, shall fail to	386
immediately report that knowledge or suspicion to the entity or	387
persons specified in this division. Except as provided in section	388
5120.173 of the Revised Code, the person making the report shall	389
make it to the public children services agency or a municipal or	390
county peace officer in the county in which the child resides or	391
in which the abuse or neglect is occurring or has occurred. In the	392
circumstances described in section 5120.173 of the Revised Code,	393
the person making the report shall make it to the entity specified	394
in that section.	395

(b) Division (A)(1)(a) of this section applies to any person	396
who is an attorney; physician, including a hospital intern or	397
resident; dentist; podiatrist; practitioner of a limited branch of	398
medicine as specified in section 4731.15 of the Revised Code;	399
registered nurse; licensed practical nurse; visiting nurse; other	400
health care professional; licensed psychologist; licensed school	401
psychologist; independent marriage and family therapist or	402
marriage and family therapist; speech pathologist or audiologist;	403
coroner; administrator or employee of a child day-care center;	404
administrator or employee of a residential camp or child day camp;	405
administrator or employee of a certified child care agency or	406
other public or private children services agency; school teacher;	407
school employee; school authority; person engaged in social work	408
or the practice of professional counseling; agent of a county	409
humane society; or a person rendering spiritual treatment through	410
prayer in accordance with the tenets of a well-recognized	411
religion; superintendent, board member, or employee of a county	412
board of mental retardation; investigative agent contracted with	413
by a county board of mental retardation; or employee of the	414
department of mental retardation and developmental disabilities.	415

(2) An attorney or a physician is not required to make a	416
report pursuant to division (A)(1) of this section concerning any	417
communication the attorney or physician receives from a client or	418
patient in an attorney-client or physician-patient relationship,	419
if, in accordance with division (A) or (B) of section 2317.02 of	420
the Revised Code, the attorney or physician could not testify with	421
respect to that communication in a civil or criminal proceeding,	422
except that the client or patient is deemed to have waived any	423
testimonial privilege under division (A) or (B) of section 2317.02	424
of the Revised Code with respect to that communication and the	425
attorney or physician shall make a report pursuant to division	426
(A)(1) of this section with respect to that communication, if all	427
of the following apply:	428

(a) The client or patient, at the time of the communication,	429
is either a child under eighteen years of age or a mentally	430
retarded, developmentally disabled, or physically impaired person	431
under twenty-one years of age.	432

(b) The attorney or physician knows or suspects, as a result	433
of the communication or any observations made during that	434
communication, that the client or patient has suffered or faces a	435
threat of suffering any physical or mental wound, injury,	436
disability, or condition of a nature that reasonably indicates	437
abuse or neglect of the client or patient.	438

(c) The attorney-client or physician-patient relationship	439
does not arise out of the client's or patient's attempt to have an	440
abortion without the notification of her parents, guardian, or	441
custodian in accordance with section 2151.85 of the Revised Code.	442

(B) Anyone, who knows or suspects that a child under eighteen	443
years of age or a mentally retarded, developmentally disabled, or	444
physically impaired person under twenty-one years of age has	445
suffered or faces a threat of suffering any physical or mental	446
wound, injury, disability, or other condition of a nature that	447
reasonably indicates abuse or neglect of the child may report or	448
cause reports to be made of that knowledge or suspicion to the	449
entity or persons specified in this division. Except as provided	450
in section 5120.173 of the Revised Code, a person making a report	451
or causing a report to be made under this division shall make it	452
or cause it to be made to the public children services agency or	453
to a municipal or county peace officer. In the circumstances	454
described in section 5120.173 of the Revised Code, a person making	455
a report or causing a report to be made under this division shall	456
make it or cause it to be made to the entity specified in that	457
section.	458

(C) Any report made pursuant to division (A) or (B) of this	459
section shall be made forthwith either by telephone or in person	460
and shall be followed by a written report, if requested by the	461
receiving agency or officer. The written report shall contain:	462

(1) The names and addresses of the child and the child's	463
parents or the person or persons having custody of the child, if	464
known;	465

(2) The child's age and the nature and extent of the child's	466
known or suspected injuries, abuse, or neglect or of the known or	467
suspected threat of injury, abuse, or neglect, including any	468
evidence of previous injuries, abuse, or neglect;	469

(3) Any other information that might be helpful in	470
establishing the cause of the known or suspected injury, abuse, or	471
neglect or of the known or suspected threat of injury, abuse, or	472
neglect.	473

Any person, who is required by division (A) of this section	474
to report known or suspected child abuse or child neglect, may	475
take or cause to be taken color photographs of areas of trauma	476
visible on a child and, if medically indicated, cause to be	477
performed radiological examinations of the child.	478

(D)(1) When a municipal or county peace officer receives a	479
report concerning the possible abuse or neglect of a child or the	480
possible threat of abuse or neglect of a child, upon receipt of	481
the report, the municipal or county peace officer who receives the	482
report shall refer the report to the appropriate public children	483
services agency.	484

(2) When a public children services agency receives a report	485
pursuant to this division or division (A) or (B) of this section,	486
upon receipt of the report, the public children services agency	487
shall comply with section 2151.422 of the Revised Code.	488

(E) No township, municipal, or county peace officer shall	489
remove a child about whom a report is made pursuant to this	490
section from the child's parents, stepparents, or guardian or any	491
other persons having custody of the child without consultation	492
with the public children services agency, unless, in the judgment	493
of the officer, and, if the report was made by physician, the	494
physician, immediate removal is considered essential to protect	495
the child from further abuse or neglect. The agency that must be	496
consulted shall be the agency conducting the investigation of the	497
report as determined pursuant to section 2151.422 of the Revised	498
Code.	499

(F)(1) Except as provided in section 2151.422 of the Revised	500
Code, the public children services agency shall investigate,	501
within twenty-four hours, each report of known or suspected child	502
abuse or child neglect and of a known or suspected threat of child	503
abuse or child neglect that is referred to it under this section	504
to determine the circumstances surrounding the injuries, abuse, or	505
neglect or the threat of injury, abuse, or neglect, the cause of	506
the injuries, abuse, neglect, or threat, and the person or persons	507
responsible. The investigation shall be made in cooperation with	508
the law enforcement agency and in accordance with the memorandum	509
of understanding prepared under division (J) of this section. A	510
failure to make the investigation in accordance with the	511
memorandum is not grounds for, and shall not result in, the	512
dismissal of any charges or complaint arising from the report or	513
the suppression of any evidence obtained as a result of the report	514
and does not give, and shall not be construed as giving, any	515
rights or any grounds for appeal or post-conviction relief to any	516
person. The public children services agency shall report each case	517
to a central registry which the department of job and family	518
services shall maintain in order to determine whether prior	519
reports have been made in other counties concerning the child or	520
other principals in the case. The public children services agency	521
shall submit a report of its investigation, in writing, to the law	522
enforcement agency.	523

(2) The public children services agency shall make any	524
recommendations to the county prosecuting attorney or city	525
director of law that it considers necessary to protect any	526
children that are brought to its attention.	527

(G)(1)(a) Except as provided in division (H)(3) of this	528
section, anyone or any hospital, institution, school, health	529
department, or agency participating in the making of reports under	530
division (A) of this section, anyone or any hospital, institution,	531
school, health department, or agency participating in good faith	532
in the making of reports under division (B) of this section, and	533
anyone participating in good faith in a judicial proceeding	534
resulting from the reports, shall be immune from any civil or	535
criminal liability for injury, death, or loss to person or	536
property that otherwise might be incurred or imposed as a result	537
of the making of the reports or the participation in the judicial	538
proceeding.	539

(b) Notwithstanding section 4731.22 of the Revised Code, the	540
physician-patient privilege shall not be a ground for excluding	541
evidence regarding a child's injuries, abuse, or neglect, or the	542
cause of the injuries, abuse, or neglect in any judicial	543
proceeding resulting from a report submitted pursuant to this	544
section.	545

(2) In any civil or criminal action or proceeding in which it	546
is alleged and proved that participation in the making of a report	547
under this section was not in good faith or participation in a	548
judicial proceeding resulting from a report made under this	549
section was not in good faith, the court shall award the	550
prevailing party reasonable attorney's fees and costs and, if a	551
civil action or proceeding is voluntarily dismissed, may award	552
reasonable attorney's fees and costs to the party against whom the	553
civil action or proceeding is brought.	554

(H)(1) Except as provided in divisions (H)(4), (M), and (N)	555
of this section, a report made under this section is confidential.	556
The information provided in a report made pursuant to this section	557
and the name of the person who made the report shall not be	558
released for use, and shall not be used, as evidence in any civil	559
action or proceeding brought against the person who made the	560
report. In a criminal proceeding, the report is admissible in	561
evidence in accordance with the Rules of Evidence and is subject	562
to discovery in accordance with the Rules of Criminal Procedure.	563

(2) No person shall permit or encourage the unauthorized	564
dissemination of the contents of any report made under this	565
section.	566

(3) A person who knowingly makes or causes another person to	567
make a false report under division (B) of this section that	568
alleges that any person has committed an act or omission that	569
resulted in a child being an abused child or a neglected child is	570
guilty of a violation of section 2921.14 of the Revised Code.	571

(4) If a report is made pursuant to division (A) or (B) of	572
this section and the child who is the subject of the report dies	573
for any reason at any time after the report is made, but before	574
the child attains eighteen years of age, the public children	575
services agency or municipal or county peace officer to which the	576
report was made or referred, on the request of the child fatality	577
review board, shall submit a summary sheet of information	578
providing a summary of the report to the review board of the	579
county in which the deceased child resided at the time of death.	580
On the request of the review board, the agency or peace officer	581
may, at its discretion, make the report available to the review	582
board.	583

(5) A public children services agency shall advise a person	584
alleged to have inflicted abuse or neglect on a child who is the	585
subject of a report made pursuant to this section in writing of	586
the disposition of the investigation. The agency shall not provide	587
to the person any information that identifies the person who made	588
the report, statements of witnesses, or police or other	589
investigative reports.	590

(I) Any report that is required by this section, other than a	591
report that is made to the state highway patrol as described in	592
section 5120.173 of the Revised Code, shall result in protective	593
services and emergency supportive services being made available by	594
the public children services agency on behalf of the children	595
about whom the report is made, in an effort to prevent further	596
neglect or abuse, to enhance their welfare, and, whenever	597
possible, to preserve the family unit intact. The agency required	598
to provide the services shall be the agency conducting the	599
investigation of the report pursuant to section 2151.422 of the	600
Revised Code.	601

(J)(1) Each public children services agency shall prepare a	602
memorandum of understanding that is signed by all of the	603
following:	604

(a) If there is only one juvenile judge in the county, the	605
juvenile judge of the county or the juvenile judge's	606
representative;	607

(b) If there is more than one juvenile judge in the county, a	608
juvenile judge or the juvenile judges' representative selected by	609
the juvenile judges or, if they are unable to do so for any	610
reason, the juvenile judge who is senior in point of service or	611
the senior juvenile judge's representative;	612

(c) The county peace officer;

613

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

614

(e) Other law enforcement officers handling child abuse and	615
neglect cases in the county;	616

(f) The prosecuting attorney of the county;

617

(g) If the public children services agency is not the county	618
department of job and family services, the county department of	619
job and family services;	620

(h) The county humane society.

621

(2) A memorandum of understanding shall set forth the normal	622
operating procedure to be employed by all concerned officials in	623
the execution of their respective responsibilities under this	624
section and division (C) of section 2919.21, division (B)(1) of	625
section 2919.22, division (B) of section 2919.23, and section	626
2919.24 of the Revised Code and shall have as two of its primary	627
goals the elimination of all unnecessary interviews of children	628
who are the subject of reports made pursuant to division (A) or	629
(B) of this section and, when feasible, providing for only one	630
interview of a child who is the subject of any report made	631
pursuant to division (A) or (B) of this section. A failure to	632
follow the procedure set forth in the memorandum by the concerned	633
officials is not grounds for, and shall not result in, the	634
dismissal of any charges or complaint arising from any reported	635
case of abuse or neglect or the suppression of any evidence	636
obtained as a result of any reported child abuse or child neglect	637
and does not give, and shall not be construed as giving, any	638
rights or any grounds for appeal or post-conviction relief to any	639
person.	640

(3) A memorandum of understanding shall include all of the	641
following:	642

(a) The roles and responsibilities for handling emergency and	643
nonemergency cases of abuse and neglect;	644

(b) Standards and procedures to be used in handling and	645
coordinating investigations of reported cases of child abuse and	646
reported cases of child neglect, methods to be used in	647
interviewing the child who is the subject of the report and who	648
allegedly was abused or neglected, and standards and procedures	649
addressing the categories of persons who may interview the child	650
who is the subject of the report and who allegedly was abused or	651
neglected.	652

(K)(1) Except as provided in division (K)(4) of this section,	653
a person who is required to make a report pursuant to division (A)	654
of this section may make a reasonable number of requests of the	655
public children services agency that receives or is referred the	656
report to be provided with the following information:	657

(a) Whether the agency has initiated an investigation of the	658
report;	659

(b) Whether the agency is continuing to investigate the	660
report;	661

(c) Whether the agency is otherwise involved with the child	662
who is the subject of the report;	663

(d) The general status of the health and safety of the child	664
who is the subject of the report;	665

(e) Whether the report has resulted in the filing of a	666
complaint in juvenile court or of criminal charges in another	667
court.	668

(2) A person may request the information specified in	669
division (K)(1) of this section only if, at the time the report is	670
made, the person's name, address, and telephone number are	671
provided to the person who receives the report.	672

When a municipal or county peace officer or employee of a	673
public children services agency receives a report pursuant to	674
division (A) or (B) of this section the recipient of the report	675
shall inform the person of the right to request the information	676
described in division (K)(1) of this section. The recipient of the	677
report shall include in the initial child abuse or child neglect	678
report that the person making the report was so informed and, if	679
provided at the time of the making of the report, shall include	680
the person's name, address, and telephone number in the report.	681

Each request is subject to verification of the identity of	682
the person making the report. If that person's identity is	683
verified, the agency shall provide the person with the information	684
described in division (K)(1) of this section a reasonable number	685
of times, except that the agency shall not disclose any	686
confidential information regarding the child who is the subject of	687
the report other than the information described in those	688
divisions.	689

(3) A request made pursuant to division (K)(1) of this	690
section is not a substitute for any report required to be made	691
pursuant to division (A) of this section.	692

(4) If an agency other than the agency that received or was	693
referred the report is conducting the investigation of the report	694
pursuant to section 2151.422 of the Revised Code, the agency	695
conducting the investigation shall comply with the requirements of	696
division (K) of this section.	697

(L) The director of job and family services shall adopt rules	698
in accordance with Chapter 119. of the Revised Code to implement	699
this section. The department of job and family services may enter	700
into a plan of cooperation with any other governmental entity to	701
aid in ensuring that children are protected from abuse and	702
neglect. The department shall make recommendations to the attorney	703
general that the department determines are necessary to protect	704
children from child abuse and child neglect.	705

(M) No later than the end of the day following the day on	706
which a public children services agency receives a report of	707
alleged child abuse or child neglect, or a report of an alleged	708
threat of child abuse or child neglect, that allegedly occurred in	709
or involved an out-of-home care entity, the agency shall provide	710
written notice of the allegations contained in and the person	711
named as the alleged perpetrator in the report to the	712
administrator, director, or other chief administrative officer of	713
the out-of-home care entity that is the subject of the report	714
unless the administrator, director, or other chief administrative	715
officer is named as an alleged perpetrator in the report. If the	716
administrator, director, or other chief administrative officer of	717
an out-of-home care entity is named as an alleged perpetrator in a	718
report of alleged child abuse or child neglect, or a report of an	719
alleged threat of child abuse or child neglect, that allegedly	720
occurred in or involved the out-of-home care entity, the agency	721
shall provide the written notice to the owner or governing board	722
of the out-of-home care entity that is the subject of the report.	723
The agency shall not provide witness statements or police or other	724
investigative reports.	725

(N) No later than three days after the day on which a public	726
children services agency that conducted the investigation as	727
determined pursuant to section 2151.422 of the Revised Code makes	728
a disposition of an investigation involving a report of alleged	729
child abuse or child neglect, or a report of an alleged threat of	730
child abuse or child neglect, that allegedly occurred in or	731
involved an out-of-home care entity, the agency shall send written	732
notice of the disposition of the investigation to the	733
administrator, director, or other chief administrative officer and	734
the owner or governing board of the out-of-home care entity. The	735
agency shall not provide witness statements or police or other	736
investigative reports.	737

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

738

(1) "Mentally retarded person" and "developmentally disabled	739
person" have the same meanings as in section 5123.01 of the	740
Revised Code.	741

(2) "Mentally retarded or developmentally disabled victim"	742
includes any of the following persons:	743

(a) A mentally retarded person or developmentally disabled	744
person who was a victim of a violation identified in division	745
(B)(1) of this section or an act that would be an offense of	746
violence if committed by an adult;	747

(b) A mentally retarded person or developmentally disabled	748
person against whom was directed any conduct that constitutes, or	749
that is an element of, a violation identified in division (B)(1)	750
of this section or an act that would be an offense of violence if	751
committed by an adult.	752

(B)(1) In any proceeding in juvenile court involving a	753
complaint, indictment, or information in which a child is charged	754
with a violation of section 2903.16, 2903.34, 2903.341, 2907.02,	755
2907.03, 2907.05, 2907.21, 2907.23, 2907.24, 2907.32, 2907.321,	756
2907.322, or 2907.323 of the Revised Code or an act that would be	757
an offense of violence if committed by an adult and in which an	758
alleged victim of the violation or act was a mentally retarded	759
person or developmentally disabled person, the juvenile judge,	760
upon motion of the prosecution, shall order that the testimony of	761
the mentally retarded or developmentally disabled victim be taken	762
by deposition. The prosecution also may request that the	763
deposition be videotaped in accordance with division (B)(2) of	764
this section. The judge shall notify the mentally retarded or	765
developmentally disabled victim whose deposition is to be taken,	766
the prosecution, and the attorney for the child who is charged	767
with the violation or act of the date, time, and place for taking	768
the deposition. The notice shall identify the mentally retarded or	769
developmentally disabled victim who is to be examined and shall	770
indicate whether a request that the deposition be videotaped has	771
been made. The child who is charged with the violation or act	772
shall have the right to attend the deposition and the right to be	773
represented by counsel. Depositions shall be taken in the manner	774
provided in civil cases, except that the judge in the proceeding	775
shall preside at the taking of the deposition and shall rule at	776
that time on any objections of the prosecution or the attorney for	777
the child charged with the violation or act. The prosecution and	778
the attorney for the child charged with the violation or act shall	779
have the right, as at an adjudication hearing, to full examination	780
and cross-examination of the mentally retarded or developmentally	781
disabled victim whose deposition is to be taken.	782

If a deposition taken under this division is intended to be	783
offered as evidence in the proceeding, it shall be filed in the	784
juvenile court in which the action is pending and is admissible in	785
the manner described in division (C) of this section. If a	786
deposition of a mentally retarded or developmentally disabled	787
victim taken under this division is admitted as evidence at the	788
proceeding under division (C) of this section, the mentally	789
retarded or developmentally disabled victim shall not be required	790
to testify in person at the proceeding.	791

At any time before the conclusion of the proceeding, the	792
attorney for the child charged with the violation or act may file	793
a motion with the judge requesting that another deposition of the	794
mentally retarded or developmentally disabled victim be taken	795
because new evidence material to the defense of the child charged	796
has been discovered that the attorney for the child charged could	797
not with reasonable diligence have discovered prior to the taking	798
of the admitted deposition. Any motion requesting another	799
deposition shall be accompanied by supporting affidavits. Upon the	800
filing of the motion and affidavits, the court may order that	801
additional testimony of the mentally retarded or developmentally	802
disabled victim relative to the new evidence be taken by another	803
deposition. If the court orders the taking of another deposition	804
under this provision, the deposition shall be taken in accordance	805
with this division. If the admitted deposition was a videotaped	806
deposition taken in accordance with division (B)(2) of this	807
section, the new deposition also shall be videotaped in accordance	808
with that division. In other cases, the new deposition may be	809
videotaped in accordance with that division.	810

(2) If the prosecution requests that a deposition to be taken	811
under division (B)(1) of this section be videotaped, the juvenile	812
judge shall order that the deposition be videotaped in accordance	813
with this division. If a juvenile judge issues an order to video	814
tape the deposition, the judge shall exclude from the room in	815
which the deposition is to be taken every person except the	816
mentally retarded or developmentally disabled victim giving the	817
testimony, the judge, one or more interpreters if needed, the	818
attorneys for the prosecution and the child who is charged with	819
the violation or act, any person needed to operate the equipment	820
to be used, one person chosen by the mentally retarded or	821
developmentally disabled victim giving the deposition, and any	822
person whose presence the judge determines would contribute to the	823
welfare and well-being of the mentally retarded or developmentally	824
disabled victim giving the deposition. The person chosen by the	825
mentally retarded or developmentally disabled victim shall not be	826
a witness in the proceeding and, both before and during the	827
deposition, shall not discuss the testimony of the victim with any	828
other witness in the proceeding. To the extent feasible, any	829
person operating the recording equipment shall be restricted to a	830
room adjacent to the room in which the deposition is being taken,	831
or to a location in the room in which the deposition is being	832
taken that is behind a screen or mirror so that the person	833
operating the recording equipment can see and hear, but cannot be	834
seen or heard by, the mentally retarded or developmentally	835
disabled victim giving the deposition during the deposition.	836

The child who is charged with the violation or act shall be	837
permitted to observe and hear the testimony of the mentally	838
retarded or developmentally disabled victim giving the deposition	839
on a monitor, shall be provided with an electronic means of	840
immediate communication with the attorney of the child who is	841
charged with the violation or act during the testimony, and shall	842
be restricted to a location from which the child who is charged	843
with the violation or act cannot be seen or heard by the mentally	844
retarded or developmentally disabled victim giving the deposition,	845
except on a monitor provided for that purpose. The mentally	846
retarded or developmentally disabled victim giving the deposition	847
shall be provided with a monitor on which the mentally retarded or	848
developmentally disabled victim can observe, while giving	849
testimony, the child who is charged with the violation or act. The	850
judge, at the judge's discretion, may preside at the deposition by	851
electronic means from outside the room in which the deposition is	852
to be taken; if the judge presides by electronic means, the judge	853
shall be provided with monitors on which the judge can see each	854
person in the room in which the deposition is to be taken and with	855
an electronic means of communication with each person in that	856
room, and each person in the room shall be provided with a monitor	857
on which that person can see the judge and with an electronic	858
means of communication with the judge. A deposition that is	859
videotaped under this division shall be taken and filed in the	860
manner described in division (B)(1) of this section and is	861
admissible in the manner described in this division and division	862
(C) of this section. If a deposition that is videotaped under this	863
division is admitted as evidence at the proceeding, the mentally	864
retarded or developmentally disabled victim shall not be required	865
to testify in person at the proceeding. No deposition videotaped	866
under this division shall be admitted as evidence at any	867
proceeding unless division (C) of this section is satisfied	868
relative to the deposition and all of the following apply relative	869
to the recording:	870

(a) The recording is both aural and visual and is recorded on	871
film or videotape, or by other electronic means.	872

(b) The recording is authenticated under the Rules of	873
Evidence and the Rules of Criminal Procedure as a fair and	874
accurate representation of what occurred, and the recording is not	875
altered other than at the direction and under the supervision of	876
the judge in the proceeding.	877

(c) Each voice on the recording that is material to the	878
testimony on the recording or the making of the recording, as	879
determined by the judge, is identified.	880

(d) Both the prosecution and the child who is charged with	881
the violation or act are afforded an opportunity to view the	882
recording before it is shown in the proceeding.	883

(C)(1) At any proceeding in relation to which a deposition	884
was taken under division (B) of this section, the deposition or a	885
part of it is admissible in evidence upon motion of the	886
prosecution if the testimony in the deposition or the part to be	887
admitted is not excluded by the hearsay rule and if the deposition	888
or the part to be admitted otherwise is admissible under the Rules	889
of Evidence. For purposes of this division, testimony is not	890
excluded by the hearsay rule if the testimony is not hearsay under	891
Evidence Rule 801; the testimony is within an exception to the	892
hearsay rule set forth in Evidence Rule 803; the mentally retarded	893
or developmentally disabled victim who gave the testimony is	894
unavailable as a witness, as defined in Evidence Rule 804, and the	895
testimony is admissible under that rule; or both of the following	896
apply:	897

(a) The child who is charged with the violation or act had an	898
opportunity and similar motive at the time of the taking of the	899
deposition to develop the testimony by direct, cross, or redirect	900
examination.	901

(b) The judge determines that there is reasonable cause to	902
believe that, if the mentally retarded or developmentally disabled	903
victim who gave the testimony in the deposition were to testify in	904
person at the proceeding, the mentally retarded or developmentally	905
disabled victim would experience serious emotional trauma as a	906
result of the mentally retarded or developmentally disabled	907
victim's participation at the proceeding.	908

(2) Objections to receiving in evidence a deposition or a	909
part of it under division (C) of this section shall be made as	910
provided in civil actions.	911

(3) The provisions of divisions (B) and (C) of this section	912
are in addition to any other provisions of the Revised Code, the	913
Rules of Juvenile Procedure, the Rules of Criminal Procedure, or	914
the Rules of Evidence that pertain to the taking or admission of	915
depositions in a juvenile court proceeding and do not limit the	916
admissibility under any of those other provisions of any	917
deposition taken under division (B) of this section or otherwise	918
taken.	919

(D) In any proceeding in juvenile court involving a	920
complaint, indictment, or information in which a child is charged	921
with a violation listed in division (B)(1) of this section or an	922
act that would be an offense of violence if committed by an adult	923
and in which an alleged victim of the violation or offense was a	924
mentally retarded or developmentally disabled person, the	925
prosecution may file a motion with the juvenile judge requesting	926
the judge to order the testimony of the mentally retarded or	927
developmentally disabled victim to be taken in a room other than	928
the room in which the proceeding is being conducted and be	929
televised, by closed circuit equipment, into the room in which the	930
proceeding is being conducted to be viewed by the child who is	931
charged with the violation or act and any other persons who are	932
not permitted in the room in which the testimony is to be taken	933
but who would have been present during the testimony of the	934
mentally retarded or developmentally disabled victim had it been	935
given in the room in which the proceeding is being conducted.	936
Except for good cause shown, the prosecution shall file a motion	937
under this division at least seven days before the date of the	938
proceeding. The juvenile judge may issue the order upon the motion	939
of the prosecution filed under this division, if the judge	940
determines that the mentally retarded or developmentally disabled	941
victim is unavailable to testify in the room in which the	942
proceeding is being conducted in the physical presence of the	943
child charged with the violation or act for one or more of the	944
reasons set forth in division (F) of this section. If a juvenile	945
judge issues an order of that nature, the judge shall exclude from	946
the room in which the testimony is to be taken every person except	947
a person described in division (B)(2) of this section. The judge,	948
at the judge's discretion, may preside during the giving of the	949
testimony by electronic means from outside the room in which it is	950
being given, subject to the limitations set forth in division	951
(B)(2) of this section. To the extent feasible, any person	952
operating the televising equipment shall be hidden from the sight	953
and hearing of the mentally retarded or developmentally disabled	954
victim giving the testimony, in a manner similar to that described	955
in division (B)(2) of this section. The child who is charged with	956
the violation or act shall be permitted to observe and hear the	957
testimony of the mentally retarded or developmentally disabled	958
victim giving the testimony on a monitor, shall be provided with	959
an electronic means of immediate communication with the attorney	960
of the child who is charged with the violation or act during the	961
testimony, and shall be restricted to a location from which the	962
child who is charged with the violation or act cannot be seen or	963
heard by the mentally retarded or developmentally disabled victim	964
giving the testimony, except on a monitor provided for that	965
purpose. The mentally retarded or developmentally disabled victim	966
giving the testimony shall be provided with a monitor on which the	967
mentally retarded or developmentally disabled victim can observe,	968
while giving testimony, the child who is charged with the	969
violation or act.	970

(E) In any proceeding in juvenile court involving a	971
complaint, indictment, or information in which a child is charged	972
with a violation listed in division (B)(1) of this section or an	973
act that would be an offense of violence if committed by an adult	974
and in which an alleged victim of the violation or offense was a	975
mentally retarded or developmentally disabled person, the	976
prosecution may file a motion with the juvenile judge requesting	977
the judge to order the testimony of the mentally retarded or	978
developmentally disabled victim to be taken outside of the room in	979
which the proceeding is being conducted and be recorded for	980
showing in the room in which the proceeding is being conducted	981
before the judge, the child who is charged with the violation or	982
act, and any other persons who would have been present during the	983
testimony of the mentally retarded or developmentally disabled	984
victim had it been given in the room in which the proceeding is	985
being conducted. Except for good cause shown, the prosecution	986
shall file a motion under this division at least seven days before	987
the date of the proceeding. The juvenile judge may issue the order	988
upon the motion of the prosecution filed under this division, if	989
the judge determines that the mentally retarded or developmentally	990
disabled victim is unavailable to testify in the room in which the	991
proceeding is being conducted in the physical presence of the	992
child charged with the violation or act, due to one or more of the	993
reasons set forth in division (F) of this section. If a juvenile	994
judge issues an order of that nature, the judge shall exclude from	995
the room in which the testimony is to be taken every person except	996
a person described in division (B)(2) of this section. To the	997
extent feasible, any person operating the recording equipment	998
shall be hidden from the sight and hearing of the mentally	999
retarded or developmentally disabled victim giving the testimony,	1000
in a manner similar to that described in division (B)(2) of this	1001
section. The child who is charged with the violation or act shall	1002
be permitted to observe and hear the testimony of the mentally	1003
retarded or developmentally disabled victim giving the testimony	1004
on a monitor, shall be provided with an electronic means of	1005
immediate communication with the attorney of the child who is	1006
charged with the violation or act during the testimony, and shall	1007
be restricted to a location from which the child who is charged	1008
with the violation or act cannot be seen or heard by the mentally	1009
retarded or developmentally disabled victim giving the testimony,	1010
except on a monitor provided for that purpose. The mentally	1011
retarded or developmentally disabled victim giving the testimony	1012
shall be provided with a monitor on which the mentally retarded or	1013
developmentally disabled victim can observe, while giving	1014
testimony, the child who is charged with the violation or act. No	1015
order for the taking of testimony by recording shall be issued	1016
under this division unless the provisions set forth in divisions	1017
(B)(2)(a), (b), (c), and (d) of this section apply to the	1018
recording of the testimony.	1019

(F) For purposes of divisions (D) and (E) of this section, a	1020
juvenile judge may order the testimony of a mentally retarded or	1021
developmentally disabled victim to be taken outside of the room in	1022
which a proceeding is being conducted if the judge determines that	1023
the mentally retarded or developmentally disabled victim is	1024
unavailable to testify in the room in the physical presence of the	1025
child charged with the violation or act due to one or more of the	1026
following circumstances:	1027

(1) The persistent refusal of the mentally retarded or	1028
developmentally disabled victim to testify despite judicial	1029
requests to do so;	1030

(2) The inability of the mentally retarded or developmentally	1031
disabled victim to communicate about the alleged violation or	1032
offense because of extreme fear, failure of memory, or another	1033
similar reason;	1034

(3) The substantial likelihood that the mentally retarded or	1035
developmentally disabled victim will suffer serious emotional	1036
trauma from so testifying.	1037

(G)(1) If a juvenile judge issues an order pursuant to	1038
division (D) or (E) of this section that requires the testimony of	1039
a mentally retarded or developmentally disabled victim in a	1040
juvenile court proceeding to be taken outside of the room in which	1041
the proceeding is being conducted, the order shall specifically	1042
identify the mentally retarded or developmentally disabled victim	1043
to whose testimony it applies, the order applies only during the	1044
testimony of the specified mentally retarded or developmentally	1045
disabled victim, and the mentally retarded or developmentally	1046
disabled victim giving the testimony shall not be required to	1047
testify at the proceeding other than in accordance with the order.	1048
The authority of a judge to close the taking of a deposition under	1049
division (B)(2) of this section or a proceeding under division (D)	1050
or (E) of this section is in addition to the authority of a judge	1051
to close a hearing pursuant to section 2151.35 of the Revised	1052
Code.	1053

(2) A juvenile judge who makes any determination regarding	1054
the admissibility of a deposition under divisions (B) and (C) of	1055
this section, the videotaping of a deposition under division	1056
(B)(2) of this section, or the taking of testimony outside of the	1057
room in which a proceeding is being conducted under division (D)	1058
or (E) of this section shall enter the determination and findings	1059
on the record in the proceeding.	1060

Sec. 2311.14.  (A)(1) Whenever because of a hearing, speech,	1061
or other impairment a party to or witness in a legal proceeding	1062
cannot readily understand or communicate, the court shall appoint	1063
a qualified interpreter to assist such person. Before appointing	1064
any interpreter under this division for a party or witness who is	1065
a mentally retarded person or developmentally disabled person, the	1066
court shall evaluate the qualifications of the interpreter and	1067
shall make a determination as to the ability of the interpreter to	1068
effectively interpret on behalf of the party or witness that the	1069
interpreter will assist, and the court may appoint the interpreter	1070
only if the court is satisfied that the interpreter is able to	1071
effectively interpret on behalf of that party or witness.	1072

(2) This section is not limited to a person who speaks a	1073
language other than English. It also applies to the language and	1074
descriptions of any mentally retarded person or developmentally	1075
disabled person who cannot be reasonably understood, or who cannot	1076
understand questioning, without the aid of an interpreter. The	1077
interpreter may aid the parties in formulating methods of	1078
questioning the person with mental retardation or a developmental	1079
disability and in interpreting the answers of the person.	1080

(B) Before entering upon hisofficial duties, the interpreter	1081
shall take an oath that hethe interpreter will make a true	1082
interpretation of the proceedings to the party or witness, and	1083
that hethe interpreter will truly repeat the statements made by	1084
such party or witness to the court, to the best of histhe	1085
interpreter's ability. If the interpreter is appointed to assist a	1086
mentally retarded person or developmentally disabled person as	1087
described in division (A)(2) of this section, the oath also shall	1088
include an oath that the interpreter will not prompt, lead,	1089
suggest, or otherwise improperly influence the testimony of the	1090
witness or party.	1091

(C) The court shall determine a reasonable fee for all such	1092
interpreter service which shall be paid out of the same funds as	1093
witness fees.	1094

(D) As used in this section, "mentally retarded person" and	1095
"developmentally disabled person" have the same meanings as in	1096
section 5123.01 of the Revised Code.	1097

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

1098

(1) "MR/DD caretaker" means any MR/DD employee or any person	1099
who assumes the duty to provide for the care and protection of a	1100
mentally retarded person or a developmentally disabled person on a	1101
voluntary basis, by contract, through receipt of payment for care	1102
andprotection, as a result of a family relationship, or by order	1103
of a court of competent jurisdiction. "MR/DD caretaker" includes a	1104
person who is an employee of a care facility and a person who is	1105
an employee of an entity under contract with a provider. "MR/DD	1106
caretaker" does not include a person who owns, operates, or	1107
administers a care facility or who is an agent of a care facility	1108
unless that person also personally provides care to persons with	1109
mental retardation or a developmental disability.	1110

(2) "Mentally retarded person" and "developmentally disabled	1111
person" have the same meanings as in section 5123.01 of the	1112
Revised Code.	1113

(3) "MR/DD employee" has the same meaning as in section	1114
5123.50 of the Revised Code.	1115

(B) No MR/DD caretaker shall create a substantial risk to the	1116
health or safety of a mentally retarded person or a	1117
developmentally disabled person. An MR/DD caretaker does not	1118
create a substantial risk to the health or safety of a mentally	1119
retarded person or a developmentally disabled person under this	1120
division when the MR/DD caretaker treats a physical or mental	1121
illness or defect of the mentally retarded person or	1122
developmentally disabled person by spiritual means through prayer	1123
alone, in accordance with the tenets of a recognized religious	1124
body.	1125

(C) No person who owns, operates, or administers a care	1126
facility or who is an agent of a care facility shall condone, or	1127
knowingly permit, any conduct by an MR/DD caretaker who is	1128
employed by or under the control of the owner, operator,	1129
administrator, or agent that is in violation of division (B) of	1130
this section and that involves a mentally retarded person or a	1131
developmentally disabled person who is under the care of the	1132
owner, operator, administrator, or agent. A person who relies upon	1133
treatment by spiritual means through prayer alone, in accordance	1134
with the tenets of a recognized religious denomination, shall not	1135
be considered endangered under this division for that reason	1136
alone.	1137

(D)(1) It is an affirmative defense to a charge of a	1138
violation of division (B) or (C) of this section that the actor's	1139
conduct was committed in good faith solely because the actor was	1140
ordered to commit the conduct by a person to whom one of the	1141
following applies:	1142

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

1143

(b) The person has authority over the actor's conduct	1144
pursuant to a contract for the provision of services.	1145

(2) It is an affirmative defense to a charge of a violation	1146
of division (C) of this section that the person who owns,	1147
operates, or administers a care facility or who is an agent of a	1148
care facility and who is charged with the violation is following	1149
the individual service plan for the involved mentally retarded	1150
person or a developmentally disabled person or that the admission,	1151
discharge, and transfer rule set forth in the Administrative Code	1152
is being followed.	1153

(3) It is an affirmative defense to a charge of a violation	1154
of division (C) of this section that the actor did not have	1155
readily available a means to prevent either the harm to the person	1156
with mental retardation or a developmental disability or the death	1157
of such a person and the actor took reasonable steps to summon	1158
aid.	1159

(E)(1) Except as provided in division (E)(2) or (E)(3) of	1160
this section, whoever violates division (B) or (C) of this section	1161
is guilty of patient endangerment, a misdemeanor of the first	1162
degree.	1163

(2) If the offender previously has been convicted of, or	1164
pleaded guilty to, a violation of this section, patient	1165
endangerment is a felony of the fourth degree.	1166

(3) If the violation results in serious physical harm to the	1167
person with mental retardation or a developmental disability,	1168
patient endangerment is a felony of the third degree.	1169

Sec. 2930.03.  (A) A person or entity required or authorized	1170
under this chapter to give notice to a victim shall give the	1171
notice to the victim by any means reasonably calculated to provide	1172
prompt actual notice. Except when a provision requires that notice	1173
is to be given in a specific manner, a notice may be oral or	1174
written.	1175

(B) Except for receipt of the initial information and notice	1176
required to be given to a victim under divisions (A) and (B) of	1177
section 2930.04, section 2930.05, and divisions (A) and (B) of	1178
section 2930.06 of the Revised Code, a victim who wishes to	1179
receive any notice authorized by this chapter shall make a request	1180
for the notice to the prosecutor or the custodial agency that is	1181
to provide the notice, as specified in this chapter. If the victim	1182
does not make a request as described in this division, the	1183
prosecutor or custodial agency is not required to provide any	1184
notice described in this chapter other than the initial	1185
information and notice required to be given to a victim under	1186
divisions (A) and (B) of section 2930.04, section 2930.05, and	1187
divisions (A) and (B) of section 2930.06 of the Revised Code.	1188

(C) A person or agency that is required to furnish notice	1189
under this chapter shall give the notice to the victim at the	1190
address or telephone number provided to the person or agency by	1191
the victim. A victim who requests to receive notice under this	1192
chapter as described in division (B) of this section shall inform	1193
the person or agency of the name, address, or telephone number of	1194
the victim and of any change to that information.	1195

(D) A person or agency that has furnished information to a	1196
victim in accordance with any requirement or authorization under	1197
this chapter shall notify the victim promptly of any significant	1198
changes to that information.	1199

(E) Divisions (A) to (D) of this section do not apply	1200
regarding a notice that a prosecutor is required to provide under	1201
section 2930.061 of the Revised Code. A prosecutor required to	1202
provide notice under that section shall provide the notice as	1203
specified in that section.	1204

Sec. 2930.061.  (A) If a person is charged in a complaint,	1205
indictment, or information with any crime or specified delinquent	1206
act or with any other violation of law, and if the case involves a	1207
victim that the prosecutor in the case knows is a mentally	1208
retarded person or a developmentally disabled person, in addition	1209
to any other notices required under this chapter or under any	1210
other provision of law, the prosecutor in the case shall send	1211
written notice of the charges to the department of mental	1212
retardation and developmental disabilities. The written notice	1213
shall specifically identify the person so charged.	1214

(B) As used in this section, "mentally retarded person" and	1215
"developmentally disabled person" have the same meanings as in	1216
section 5123.01 of the Revised Code.	1217

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

1218

(1) "Mentally retarded person" and "developmentally disabled	1219
person" have the same meanings as in section 5123.01 of the	1220
Revised Code.	1221

(2) "Mentally retarded or developmentally disabled victim"	1222
includes a mentally retarded or developmentally disabled person	1223
who was a victim of a violation identified in division (B)(1) of	1224
this section or an offense of violence or against whom was	1225
directed any conduct that constitutes, or that is an element of, a	1226
violation identified in division (B)(1) of this section or an	1227
offense of violence.	1228

(B)(1) In any proceeding in the prosecution of a charge of a	1229
violation of section 2903.16, 2903.34, 2903.341, 2905.03, 2907.02,	1230
2907.03, 2907.05, 2907.06, 2907.09, 2907.21, 2907.23, 2907.24,	1231
2907.32, 2907.321, 2907.322, or 2907.323 of the Revised Code or an	1232
offense of violence and in which an alleged victim of the	1233
violation or offense was a mentally retarded or developmentally	1234
disabled person, the judge of the court in which the prosecution	1235
is being conducted, upon motion of an attorney for the	1236
prosecution, shall order that the testimony of the mentally	1237
retarded or developmentally disabled victim be taken by	1238
deposition. The prosecution also may request that the deposition	1239
be videotaped in accordance with division (B)(2) of this section.	1240
The judge shall notify the mentally retarded or developmentally	1241
disabled victim whose deposition is to be taken, the prosecution,	1242
and the defense of the date, time, and place for taking the	1243
deposition. The notice shall identify the mentally retarded or	1244
developmentally disabled victim who is to be examined and shall	1245
indicate whether a request that the deposition be videotaped has	1246
been made. The defendant shall have the right to attend the	1247
deposition and the right to be represented by counsel. Depositions	1248
shall be taken in the manner provided in civil cases, except that	1249
the judge shall preside at the taking of the deposition and shall	1250
rule at the time on any objections of the prosecution or the	1251
attorney for the defense. The prosecution and the attorney for the	1252
defense shall have the right, as at trial, to full examination and	1253
cross-examination of the mentally retarded or developmentally	1254
disabled victim whose deposition is to be taken. If a deposition	1255
taken under this division is intended to be offered as evidence in	1256
the proceeding, it shall be filed in the court in which the action	1257
is pending and is admissible in the manner described in division	1258
(C) of this section.	1259

If a deposition of a mentally retarded or developmentally	1260
disabled victim taken under this division is admitted as evidence	1261
at the proceeding under division (C) of this section, the mentally	1262
retarded or developmentally disabled victim shall not be required	1263
to testify in person at the proceeding.	1264

At any time before the conclusion of the proceeding, the	1265
attorney for the defense may file a motion with the judge	1266
requesting that another deposition of the mentally retarded or	1267
developmentally disabled victim be taken because new evidence	1268
material to the defense has been discovered that the attorney for	1269
the defense could not with reasonable diligence have discovered	1270
prior to the taking of the admitted deposition. If the court	1271
orders the taking of another deposition under this provision, the	1272
deposition shall be taken in accordance with this division. If the	1273
admitted deposition was a videotaped deposition taken in	1274
accordance with division (B)(2) of this section, the new	1275
deposition shall be videotaped in accordance with that division.	1276
In other cases, the new deposition may be videotaped in accordance	1277
with that division.	1278

(2) If the prosecution requests that a deposition to be taken	1279
under division (B)(2) of this section be videotaped, the judge	1280
shall order that the deposition be videotaped in accordance with	1281
this division. If a judge issues an order that the deposition be	1282
videotaped, the judge shall exclude from the room in which the	1283
deposition is to be taken every person except the mentally	1284
retarded or developmentally disabled victim giving the testimony,	1285
the judge, one or more interpreters if needed, the attorneys for	1286
the prosecution and the defense, any person needed to operate the	1287
equipment to be used, one person chosen by the mentally retarded	1288
or developmentally disabled victim giving the deposition, and any	1289
person whose presence the judge determines would contribute to the	1290
welfare and well-being of the mentally retarded or developmentally	1291
disabled victim giving the deposition. The person chosen by the	1292
mentally retarded or developmentally disabled victim shall not be	1293
a witness in the proceeding and, both before and during the	1294
deposition, shall not discuss the testimony of the mentally	1295
retarded or developmentally disabled victim with any other witness	1296
in the proceeding. To the extent feasible, any person operating	1297
the recording equipment shall be restricted to a room adjacent to	1298
the room in which the deposition is being taken, or to a location	1299
in the room in which the deposition is being taken that is behind	1300
a screen or mirror, so that the person operating the recording	1301
equipment can see and hear, but cannot be seen or heard by, the	1302
mentally retarded or developmentally disabled victim giving the	1303
deposition during the deposition.	1304

The defendant shall be permitted to observe and hear the	1305
testimony of the mentally retarded or developmentally disabled	1306
victim giving the deposition on a monitor, shall be provided with	1307
an electronic means of immediate communication with the	1308
defendant's attorney during the testimony, and shall be restricted	1309
to a location from which the defendant cannot be seen or heard by	1310
the mentally retarded or developmentally disabled victim giving	1311
the deposition, except on a monitor provided for that purpose. The	1312
mentally retarded or developmentally disabled victim giving the	1313
deposition shall be provided with a monitor on which the victim	1314
can observe, during the testimony, the defendant. The judge, at	1315
the judge's discretion, may preside at the deposition by	1316
electronic means from outside the room in which the deposition is	1317
to be taken. If the judge presides by electronic means, the judge	1318
shall be provided with monitors on which the judge can see each	1319
person in the room in which the deposition is to be taken and with	1320
an electronic means of communication with each person, and each	1321
person in the room shall be provided with a monitor on which that	1322
person can see the judge and with an electronic means of	1323
communication with the judge. A deposition that is videotaped	1324
under this division shall be taken and filed in the manner	1325
described in division (B)(1) of this section and is admissible in	1326
the manner described in this division and division (C) of this	1327
section, and, if a deposition that is videotaped under this	1328
division is admitted as evidence at the proceeding, the mentally	1329
retarded or developmentally disabled victim shall not be required	1330
to testify in person at the proceeding. No deposition videotaped	1331
under this division shall be admitted as evidence at any	1332
proceeding unless division (C) of this section is satisfied	1333
relative to the deposition and all of the following apply relative	1334
to the recording:	1335

(a) The recording is both aural and visual and is recorded on	1336
film or videotape, or by other electronic means.	1337

(b) The recording is authenticated under the Rules of	1338
Evidence and the Rules of Criminal Procedure as a fair and	1339
accurate representation of what occurred, and the recording is not	1340
altered other than at the direction and under the supervision of	1341
the judge in the proceeding.	1342

(c) Each voice on the recording that is material to the	1343
testimony on the recording or the making of the recording, as	1344
determined by the judge, is identified.	1345

(d) Both the prosecution and the defendant are afforded an	1346
opportunity to view the recording before it is shown in the	1347
proceeding.	1348

(C)(1) At any proceeding in a prosecution in relation to	1349
which a deposition was taken under division (B) of this section,	1350
the deposition or a part of it is admissible in evidence upon	1351
motion of the prosecution if the testimony in the deposition or	1352
the part to be admitted is not excluded by the hearsay rule and if	1353
the deposition or the part to be admitted otherwise is admissible	1354
under the Rules of Evidence. For purposes of this division,	1355
testimony is not excluded by the hearsay rule if the testimony is	1356
not hearsay under Evidence Rule 801; the testimony is within an	1357
exception to the hearsay rule set forth in Evidence Rule 803; the	1358
mentally retarded or developmentally disabled victim who gave the	1359
testimony is unavailable as a witness, as defined in Evidence Rule	1360
804, and the testimony is admissible under that rule; or both of	1361
the following apply:	1362

(a) The defendant had an opportunity and similar motive at	1363
the time of the taking of the deposition to develop the testimony	1364
by direct, cross, or redirect examination.	1365

(b) The judge determines that there is reasonable cause to	1366
believe that, if the mentally retarded or developmentally disabled	1367
victim who gave the testimony in the deposition were to testify in	1368
person at the proceeding, the mentally retarded or developmentally	1369
disabled victim would experience serious emotional trauma as a	1370
result of the mentally retarded or developmentally disabled	1371
victim's participation at the proceeding.	1372

(2) Objections to receiving in evidence a deposition or a	1373
part of it under division (C) of this section shall be made as	1374
provided in civil actions.	1375

(3) The provisions of divisions (B) and (C) of this section	1376
are in addition to any other provisions of the Revised Code, the	1377
Rules of Criminal Procedure, or the Rules of Evidence that pertain	1378
to the taking or admission of depositions in a criminal proceeding	1379
and do not limit the admissibility under any of those other	1380
provisions of any deposition taken under division (B) of this	1381
section or otherwise taken.	1382

(D) In any proceeding in the prosecution of any charge of a	1383
violation listed in division (B)(1) of this section or an offense	1384
of violence and in which an alleged victim of the violation or	1385
offense was a mentally retarded or developmentally disabled	1386
person, the prosecution may file a motion with the judge	1387
requesting the judge to order the testimony of the mentally	1388
retarded or developmentally disabled victim to be taken in a room	1389
other than the room in which the proceeding is being conducted and	1390
be televised, by closed circuit equipment, into the room in which	1391
the proceeding is being conducted to be viewed by the jury, if	1392
applicable, the defendant, and any other persons who are not	1393
permitted in the room in which the testimony is to be taken but	1394
who would have been present during the testimony of the mentally	1395
retarded or developmentally disabled victim had it been given in	1396
the room in which the proceeding is being conducted. Except for	1397
good cause shown, the prosecution shall file a motion under this	1398
division at least seven days before the date of the proceeding.	1399
The judge may issue the order upon the motion of the prosecution	1400
filed under this section, if the judge determines that the	1401
mentally retarded or developmentally disabled victim is	1402
unavailable to testify in the room in which the proceeding is	1403
being conducted in the physical presence of the defendant for one	1404
or more of the reasons set forth in division (F) of this section.	1405
If a judge issues an order of that nature, the judge shall exclude	1406
from the room in which the testimony is to be taken every person	1407
except a person described in division (B)(2) of this section. The	1408
judge, at the judge's discretion, may preside during the giving of	1409
the testimony by electronic means from outside the room in which	1410
it is being given, subject to the limitations set forth in	1411
division (B)(2) of this section. To the extent feasible, any	1412
person operating the televising equipment shall be hidden from the	1413
sight and hearing of the mentally retarded or developmentally	1414
disabled victim giving the testimony, in a manner similar to that	1415
described in division (B)(2) of this section. The defendant shall	1416
be permitted to observe and hear the testimony of the mentally	1417
retarded or developmentally disabled victim giving the testimony	1418
on a monitor, shall be provided with an electronic means of	1419
immediate communication with the defendant's attorney during the	1420
testimony, and shall be restricted to a location from which the	1421
defendant cannot be seen or heard by the mentally retarded or	1422
developmentally disabled victim giving the testimony, except on a	1423
monitor provided for that purpose. The mentally retarded or	1424
developmentally disabled victim giving the testimony shall be	1425
provided with a monitor on which the mentally retarded or	1426
developmentally disabled victim can observe, during the testimony,	1427
the defendant.	1428

(E) In any proceeding in the prosecution of any charge of a	1429
violation listed in division (B)(1) of this section or an offense	1430
of violence and in which an alleged victim of the violation or	1431
offense was a mentally retarded or developmentally disabled	1432
victim, the prosecution may file a motion with the judge	1433
requesting the judge to order the testimony of the mentally	1434
retarded or developmentally disabled victim to be taken outside of	1435
the room in which the proceeding is being conducted and be	1436
recorded for showing in the room in which the proceeding is being	1437
conducted before the judge, the jury, if applicable, the	1438
defendant, and any other persons who would have been present	1439
during the testimony of the mentally retarded or developmentally	1440
disabled victim had it been given in the room in which the	1441
proceeding is being conducted. Except for good cause shown, the	1442
prosecution shall file a motion under this division at least seven	1443
days before the date of the proceeding. The judge may issue the	1444
order upon the motion of the prosecution filed under this	1445
division, if the judge determines that the mentally retarded or	1446
developmentally disabled victim is unavailable to testify in the	1447
room in which the proceeding is being conducted in the physical	1448
presence of the defendant, for one or more of the reasons set	1449
forth in division (F) of this section. If a judge issues an order	1450
of that nature, the judge shall exclude from the room in which the	1451
testimony is to be taken every person except a person described in	1452
division (B)(2) of this section. To the extent feasible, any	1453
person operating the recording equipment shall be hidden from the	1454
sight and hearing of the mentally retarded or developmentally	1455
disabled victim giving the testimony, in a manner similar to that	1456
described in division (B)(2) of this section. The defendant shall	1457
be permitted to observe and hear the testimony of the mentally	1458
retarded or developmentally disabled victim who is giving the	1459
testimony on a monitor, shall be provided with an electronic means	1460
of immediate communication with the defendant's attorney during	1461
the testimony, and shall be restricted to a location from which	1462
the defendant cannot be seen or heard by the mentally retarded or	1463
developmentally disabled victim giving the testimony, except on a	1464
monitor provided for that purpose. The mentally retarded or	1465
developmentally disabled victim giving the testimony shall be	1466
provided with a monitor on which the victim can observe, during	1467
the testimony, the defendant. No order for the taking of testimony	1468
by recording shall be issued under this division unless the	1469
provisions set forth in divisions (B)(2)(a), (b), (c), and (d) of	1470
this section apply to the recording of the testimony.	1471

(F) For purposes of divisions (D) and (E) of this section, a	1472
judge may order the testimony of a mentally retarded or	1473
developmentally disabled victim to be taken outside the room in	1474
which the proceeding is being conducted if the judge determines	1475
that the mentally retarded or developmentally disabled victim is	1476
unavailable to testify in the room in the physical presence of the	1477
defendant due to one or more of the following:	1478

(1) The persistent refusal of the mentally retarded or	1479
developmentally disabled victim to testify despite judicial	1480
requests to do so;	1481

(2) The inability of the mentally retarded or developmentally	1482
disabled victim to communicate about the alleged violation or	1483
offense because of extreme fear, failure of memory, or another	1484
similar reason;	1485

(3) The substantial likelihood that the mentally retarded or	1486
developmentally disabled victim will suffer serious emotional	1487
trauma from so testifying.	1488

(G)(1) If a judge issues an order pursuant to division (D) or	1489
(E) of this section that requires the testimony of a mentally	1490
retarded or developmentally disabled victim in a criminal	1491
proceeding to be taken outside of the room in which the proceeding	1492
is being conducted, the order shall specifically identify the	1493
mentally retarded or developmentally disabled victim to whose	1494
testimony it applies, the order applies only during the testimony	1495
of the specified mentally retarded or developmentally disabled	1496
victim, and the mentally retarded or developmentally disabled	1497
victim giving the testimony shall not be required to testify at	1498
the proceeding other than in accordance with the order.	1499

(2) A judge who makes any determination regarding the	1500
admissibility of a deposition under divisions (B) and (C) of this	1501
section, the videotaping of a deposition under division (B)(2) of	1502
this section, or the taking of testimony outside of the room in	1503
which a proceeding is being conducted under division (D) or (E) of	1504
this section shall enter the determination and findings on the	1505
record in the proceeding.	1506

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

1507

(1) "Mentally retarded person" and "developmentally disabled	1508
person" have the same meanings as in section 5123.01 of the	1509
Revised Code.	1510

(2) "Mentally retarded or developmentally disabled victim"	1511
includes a mentally retarded or developmentally disabled person	1512
who was a victim of a felony violation identified in division	1513
(B)(1) of this section or a felony offense of violence or against	1514
whom was directed any conduct that constitutes, or that is an	1515
element of, a felony violation identified in division (B)(1) of	1516
this section or a felony offense of violence.	1517

(B)(1) At a trial on a charge of a felony violation of	1518
section 2903.16, 2903.34, 2903.341, 2907.02, 2907.03, 2907.05,	1519
2907.21, 2907.23, 2907.24, 2907.32, 2907.321, 2907.322, or	1520
2907.323 of the Revised Code or an offense of violence and in	1521
which an alleged victim of the violation or offense was a mentally	1522
retarded or developmentally disabled person, the court, upon	1523
motion of the prosecutor in the case, may admit videotaped	1524
preliminary hearing testimony of the mentally retarded or	1525
developmentally disabled victim as evidence at the trial, in lieu	1526
of the mentally retarded or developmentally disabled victim	1527
appearing as a witness and testifying at trial, if all of the	1528
following apply:	1529

(a) The videotape of the testimony was made at the	1530
preliminary hearing at which probable cause of the violation	1531
charged was found.	1532

(b) The videotape of the testimony was made in accordance	1533
with division (C) of section 2937.11 of the Revised Code.	1534

(c) The testimony in the videotape is not excluded by the	1535
hearsay rule and otherwise is admissible under the Rules of	1536
Evidence. For purposes of this division, testimony is not excluded	1537
by the hearsay rule if the testimony is not hearsay under Evidence	1538
Rule 801, the testimony is within an exception to the hearsay rule	1539
set forth in Evidence Rule 803, the mentally retarded or	1540
developmentally disabled victim who gave the testimony is	1541
unavailable as a witness, as defined in Evidence Rule 804, and the	1542
testimony is admissible under that rule, or both of the following	1543
apply:	1544

(i) The accused had an opportunity and similar motive at the	1545
preliminary hearing to develop the testimony of the mentally	1546
retarded or developmentally disabled victim by direct, cross, or	1547
redirect examination.	1548

(ii) The court determines that there is reasonable cause to	1549
believe that if the mentally retarded or developmentally disabled	1550
victim who gave the testimony at the preliminary hearing were to	1551
testify in person at the trial, the mentally retarded or	1552
developmentally disabled victim would experience serious emotional	1553
trauma as a result of the victim's participation at the trial.	1554

(2) If a mentally retarded or developmentally disabled victim	1555
of an alleged felony violation of section 2903.16, 2903.34,	1556
2903.341, 2907.02, 2907.03, 2907.05, 2907.21, 2907.23, 2907.24,	1557
2907.32, 2907.321, 2907.322, or 2907.323 of the Revised Code or an	1558
alleged felony offense of violence testifies at the preliminary	1559
hearing in the case, if the testimony of the mentally retarded or	1560
developmentally disabled victim at the preliminary hearing was	1561
videotaped pursuant to division (C) of section 2937.11 of the	1562
Revised Code, and if the defendant in the case files a written	1563
objection to the use, pursuant to division (B)(1) of this section,	1564
of the videotaped testimony at the trial, the court, immediately	1565
after the filing of the objection, shall hold a hearing to	1566
determine whether the videotaped testimony of the mentally	1567
retarded or developmentally disabled victim should be admissible	1568
at trial under division (B)(1) of this section and, if it is	1569
admissible, whether the mentally retarded or developmentally	1570
disabled victim should be required to provide limited additional	1571
testimony of the type described in this division. At the hearing	1572
held pursuant to this division, the defendant and the prosecutor	1573
in the case may present any evidence that is relevant to the	1574
issues to be determined at the hearing, but the mentally retarded	1575
or developmentally disabled victim shall not be required to	1576
testify at the hearing.	1577

After the hearing, the court shall not require the mentally	1578
retarded or developmentally disabled victim to testify at the	1579
trial, unless it determines that both of the following apply:	1580

(a) That the testimony of the mentally retarded or	1581
developmentally disabled victim at trial is necessary for one or	1582
more of the following reasons:	1583

(i) Evidence that was not available at the time of the	1584
testimony of the mentally retarded or developmentally disabled	1585
victim at the preliminary hearing has been discovered.	1586

(ii) The circumstances surrounding the case have changed	1587
sufficiently to necessitate that the mentally retarded or	1588
developmentally disabled victim testify at the trial.	1589

(b) That the testimony of the mentally retarded or	1590
developmentally disabled victim at the trial is necessary to	1591
protect the right of the defendant to a fair trial.	1592

The court shall enter its finding and the reasons for it in	1593
the journal. If the court requires the mentally retarded or	1594
developmentally disabled victim to testify at the trial, the	1595
testimony of the victim shall be limited to the new evidence and	1596
changed circumstances, and the mentally retarded or	1597
developmentally disabled victim shall not otherwise be required to	1598
testify at the trial. The required testimony of the mentally	1599
retarded or developmentally disabled victim may be given in person	1600
or, upon motion of the prosecution, may be taken by deposition in	1601
accordance with division (B) of section 2945.482 of the Revised	1602
Code provided the deposition is admitted as evidence under	1603
division (C) of that section, may be taken outside of the	1604
courtroom and televised into the courtroom in accordance with	1605
division (D) of that section, or may be taken outside of the	1606
courtroom and recorded for showing in the courtroom in accordance	1607
with division (E) of that section.	1608

(3) If videotaped testimony of a mentally retarded or	1609
developmentally disabled victim is admitted at trial in accordance	1610
with division (B)(1) of this section, the mentally retarded or	1611
developmentally disabled victim shall not be compelled in any way	1612
to appear as a witness at the trial, except as provided in	1613
division (B)(2) of this section.	1614

(C) An order issued pursuant to division (B) of this section	1615
shall specifically identify the mentally retarded or	1616
developmentally disabled victim concerning whose testimony it	1617
pertains. The order shall apply only during the testimony of the	1618
mentally retarded or developmentally disabled victim it	1619
specifically identifies.	1620

Sec. 5120.173. Any person who is required to report suspected	1621
abuse or neglect of a child under eighteen years of age pursuant	1622
to division (A) of section 2151.421 of the Revised Code, and any	1623
person who is permitted to report or cause a report to be made of	1624
suspected abuse or neglect of a child under eighteen years of age	1625
pursuant to division (B) of that section, any person who is	1626
required to report suspected abuse or neglect of a person with	1627
mental retardation or a developmental disability pursuant to	1628
division (C) of section 5123.61 of the Revised Code, and any	1629
person who is permitted to report suspected abuse or neglect of a	1630
person with mental retardation or a developmental disability	1631
pursuant to division (F) of that section and who makes or causes	1632
the report to be made, shall direct that report to the state	1633
highway patrol if the child or the person with mental retardation	1634
or a developmental disability is an inmate in the custody of a	1635
state correctional institution. If the state highway patrol	1636
determines after receipt of the report that it is probable that	1637
abuse or neglect of the inmate occurred, the patrol shall report	1638
its findings to the department of rehabilitation and correction,	1639
to the court that sentenced the inmate for the offense for which	1640
the inmate is in the custody of the department, and to the	1641
chairman and vice-chairman of the correctional institution	1642
inspection committee established by section 103.71 of the Revised	1643
Code.	1644

Sec. 5123.032. (A) As used in this section, "developmental	1645
center" means any institution or facility of the department of	1646
mental retardation and developmental disabilities that, on or	1647
after the effective date of this section, is named, designated, or	1648
referred to as a developmental center.	1649

(B) Notwithstanding any other provision of law, on and after	1650
the effective date of this section, any closure of a developmental	1651
center shall be subject to, and in accordance with, this section.	1652
Notwithstanding any other provision of law, if the governor	1653
announced on or after January 1, 2003, and prior to the effective	1654
date of this section the intended closure of a developmental	1655
center and if the closure identified in the announcement has not	1656
occurred prior to the effective date of this section, the closure	1657
identified in the announcement shall be subject to the criteria	1658
set forth in this section as if the announcement had been made on	1659
or after the effective date of this amendment.	1660

(C) Notwithstanding any other provision of law, on and after	1661
the effective date of this section, at least ten days prior to	1662
making any official, public announcement that the governor intends	1663
to close one or more developmental centers, the governor shall	1664
notify the general assembly in writing that the governor intends	1665
to close one or more developmental centers. The notice shall	1666
identify by name each developmental center that the governor	1667
intends to close or, if the governor has not determined any	1668
specific developmental center to close, shall state the governor's	1669
general intent to close one or more developmental centers. When	1670
the governor notifies the general assembly as required by this	1671
division, the legislative service commission promptly shall	1672
conduct an independent study of the developmental centers of the	1673
department of mental retardation and developmental disabilities	1674
and of the department's operation of the centers, and the study	1675
shall address relevant criteria and factors, including, but not	1676
limited to, all of the following:	1677

(1) The manner in which the closure of developmental centers	1678
in general would affect the safety, health, well-being, and	1679
lifestyle of the centers' residents and their family members and	1680
would affect public safety and, if the governor's notice	1681
identifies by name one or more developmental centers that the	1682
governor intends to close, the manner in which the closure of each	1683
center so identified would affect the safety, health, well-being,	1684
and lifestyle of the center's residents and their family members	1685
and would affect public safety;	1686

(2) The availability of alternate facilities;

1687

(3) The cost effectiveness of the facilities identified for	1688
closure;	1689

(4) A comparison of the cost of residing at a facility	1690
identified for closure and the cost of new living arrangements;	1691

(5) The geographic factors associated with each facility and	1692
its proximity to other similar facilities;	1693

(6) The impact of collective bargaining on facility	1694
operations;	1695

(7) The utilization and maximization of resources;

1696

(8) Continuity of the staff and ability to serve the facility	1697
population;	1698

(9) Continuing costs following closure of a facility;

1699

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

1700

(11) Alternatives and opportunities for consolidation with	1701
other facilities;	1702

(12) How the closing of a facility identified for closure	1703
relates to the department's plans for the future of developmental	1704
centers in this state;	1705

(13) The effect of the closure of developmental centers in	1706
general upon the state's fiscal resources and fiscal status and,	1707
if the governor's notice identifies by name one or more	1708
developmental centers that the governor intends to close, the	1709
effect of the closure of each center so identified upon the	1710
state's fiscal resources and fiscal status.	1711

(D) The legislative service commission shall complete the	1712
study required by division (C) of this section, and prepare a	1713
report that contains its findings, not later than ninety days	1714
after the governor makes the official, public announcement that	1715
the governor intends to close one or more developmental centers as	1716
described in division (C) of this section. The commission shall	1717
provide a copy of the report to each member of the general	1718
assembly who requests a copy of the report.	1719

Not later than the date on which the legislative service	1720
commission is required to complete the report under this division,	1721
the mental retardation and developmental disabilities	1722
developmental center closure commission is hereby created as	1723
described in division (E) of this section. The officials with the	1724
duties to appoint members of the closure commission, as described	1725
in division (E) of this section, shall appoint the specified	1726
members of the closure commission, and, as soon as possible after	1727
the appointments, the closure commission shall meet for the	1728
purposes described in that division. Upon completion of the report	1729
and the creation of the closure commission under this division,	1730
the legislative service commission promptly shall provide a copy	1731
of the report to the closure commission and shall present the	1732
report as described in division (E) of this section.	1733

(E)(1) A mental retardation and developmental disabilities	1734
developmental center closure commission shall be created at the	1735
time and in the manner specified in division (D) of this section.	1736
The closure commission consists of five members. One member shall	1737
be the director of the department of mental retardation and	1738
developmental disabilities. One member shall be a private	1739
executive with expertise in facility utilization, jointly	1740
appointed by the speaker of the house of representatives and the	1741
president of the senate. The member appointed for expertise in	1742
facility utilization may not be a member of the general assembly	1743
and may not have a developmental center identified for closure by	1744
the governor in the county in which the member resides. One member	1745
shall be a member of the board of the Ohio civil service	1746
employees' association, appointed by the governor. One member	1747
shall be a private executive with expertise in economics, jointly	1748
appointed by the speaker of the house of representatives and the	1749
president of the senate. The member appointed for expertise in	1750
economics may not be a member of the general assembly and may not	1751
have a developmental center identified for closure by the governor	1752
in the county in which the member resides. One member shall be a	1753
member of the law enforcement or health care community, appointed	1754
by the governor. The officials with the duties to appoint members	1755
of the closure commission shall make the appointments, and the	1756
closure commission shall meet, within the time periods specified	1757
in division (D) of this section. The members of the closure	1758
commission shall serve without compensation. At the closure	1759
commission's first meeting, the members shall organize and appoint	1760
a chairperson and vice-chairperson.	1761

The closure commission shall meet as often as is necessary	1762
for the purpose of making the recommendations to the governor that	1763
are described in this division. The closure commission's meetings	1764
shall be open to the public, and the closure commission shall	1765
accept public testimony. The legislative service commission shall	1766
appear before the closure commission and present the report the	1767
legislative service commission prepared under division (D) of this	1768
section. The closure commission shall meet for the purpose of	1769
making recommendations to the governor, which recommendations may	1770
include all of the following:	1771

(a) Whether any developmental center should be closed;

1772

(b) If the recommendation described in division (E)(1)(a) of	1773
this section is that one or more developmental centers should be	1774
closed, which center or centers should be closed;	1775

(c) If the governor's notice described in division (C) of	1776
this section identifies by name one or more developmental centers	1777
that the governor intends to close, whether the center or centers	1778
so identified should be closed.	1779

(2) The mental retardation and developmental disabilities	1780
developmental center closure commission, not later than ninety	1781
days after it receives the report of the legislative service	1782
commission under division (D) of this section, shall prepare a	1783
report containing its recommendations to the governor. The closure	1784
commission shall send a copy of the report to the governor and to	1785
each member of the general assembly who requests a copy of the	1786
report. Upon receipt of the closure commission's report, the	1787
governor shall review and consider the commission's	1788
recommendation. The governor shall do one of the following:	1789

(a) Follow the recommendation of the commission;

1790

(b) Close no developmental center;

1791

(c) Take other action that the governor determines is	1792
necessary for the purpose of expenditure reductions or budget cuts	1793
and state the reasons for the action.	1794

The governor's decision is final. Upon the governor's making	1795
of the decision, the closure commission shall cease to exist.	1796
Another closure commission shall be created under this section	1797
each time the governor subsequently makes an official, public	1798
announcement that the governor intends to close one or more	1799
developmental centers.	1800

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

1801

(1) "Applicant" means a person who is under final	1802
consideration for appointment to or employment with the department	1803
of mental retardation and developmental disabilities, including,	1804
but not limited to, a person who is being transferred to the	1805
department and an employee who is being recalled or reemployed	1806
after a layoff.	1807

(2) "Criminal records check" has the same meaning as in	1808
section 109.572 of the Revised Code.	1809

(3) "Minor drug possession offense" has the same meaning as	1810
in section 2925.01 of the Revised Code.	1811

(B) The director of mental retardation and developmental	1812
disabilities shall request the superintendent of the bureau of	1813
criminal identification and investigation to conduct a criminal	1814
records check with respect to each applicant, except that the	1815
director is not required to request a criminal records check for	1816
an employee of the department who is being considered for a	1817
different position or is returning after a leave of absence or	1818
seasonal break in employment, as long as the director has no	1819
reason to believe that the employee has committed any of the	1820
offenses listed or described in division (E) of this section.	1821

If the applicant does not present proof that the applicant	1822
has been a resident of this state for the five-year period	1823
immediately prior to the date upon which the criminal records	1824
check is requested, the director shall request that the	1825
superintendent of the bureau obtain information from the federal	1826
bureau of investigation as a part of the criminal records check	1827
for the applicant. If the applicant presents proof that the	1828
applicant has been a resident of this state for that five-year	1829
period, the director may request that the superintendent of the	1830
bureau include information from the federal bureau of	1831
investigation in the criminal records check. For purposes of this	1832
division, an applicant may provide proof of residency in this	1833
state by presenting, with a notarized statement asserting that the	1834
applicant has been a resident of this state for that five-year	1835
period, a valid driver's license, notification of registration as	1836
an elector, a copy of an officially filed federal or state tax	1837
form identifying the applicant's permanent residence, or any other	1838
document the director considers acceptable.	1839

(C) The director shall provide to each applicant a copy of	1840
the form prescribed pursuant to division (C)(1) of section 109.572	1841
of the Revised Code, provide to each applicant a standard	1842
impression sheet to obtain fingerprint impressions prescribed	1843
pursuant to division (C)(2) of section 109.572 of the Revised	1844
Code, obtain the completed form and impression sheet from each	1845
applicant, and forward the completed form and impression sheet to	1846
the superintendent of the bureau of criminal identification and	1847
investigation at the time the criminal records check is requested.	1848

Any applicant who receives pursuant to this division a copy	1849
of the form prescribed pursuant to division (C)(1) of section	1850
109.572 of the Revised Code and a copy of an impression sheet	1851
prescribed pursuant to division (C)(2) of that section and who is	1852
requested to complete the form and provide a set of fingerprint	1853
impressions shall complete the form or provide all the information	1854
necessary to complete the form and shall provide the material with	1855
the impressions of the applicant's fingerprints. If an applicant,	1856
upon request, fails to provide the information necessary to	1857
complete the form or fails to provide impressions of the	1858
applicant's fingerprints, the director shall not employ the	1859
applicant.	1860

(D) The director may request any other state or federal	1861
agency to supply the director with a written report regarding the	1862
criminal record of each applicant. With regard to an applicant who	1863
becomes a department employee, if the employee holds an	1864
occupational or professional license or other credentials, the	1865
director may request that the state or federal agency that	1866
regulates the employee's occupation or profession supply the	1867
director with a written report of any information pertaining to	1868
the employee's criminal record that the agency obtains in the	1869
course of conducting an investigation or in the process of	1870
renewing the employee's license or other credentials.	1871

(E) Except as provided in division (K)(2) of this section and	1872
in rules adopted by the director in accordance with division (M)	1873
of this section, the director shall not employ a person to fill a	1874
position with the department who has been convicted of or pleaded	1875
guilty to any of the following:	1876

(1) A violation of section 2903.01, 2903.02, 2903.03,	1877
2903.341, 2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21,	1878
2903.34, 2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04,	1879
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22,	1880
2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323,	1881
2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24,	1882
2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04,	1883
2925.05, 2925.06, or 3716.11 of the Revised Code, a violation of	1884
section 2905.04 of the Revised Code as it existed prior to July 1,	1885
1996, a violation of section 2919.23 of the Revised Code that	1886
would have been a violation of section 2905.04 of the Revised Code	1887
as it existed prior to July 1, 1996, had the violation occurred	1888
prior to that date, a violation of section 2925.11 of the Revised	1889
Code that is not a minor drug possession offense, or felonious	1890
sexual penetration in violation of former section 2907.12 of the	1891
Revised Code;	1892

(2) A felony contained in the Revised Code that is not listed	1893
in this division, if the felony bears a direct and substantial	1894
relationship to the duties and responsibilities of the position	1895
being filled;	1896

(3) Any offense contained in the Revised Code constituting a	1897
misdemeanor of the first degree on the first offense and a felony	1898
on a subsequent offense, if the offense bears a direct and	1899
substantial relationship to the position being filled and the	1900
nature of the services being provided by the department;	1901

(4) A violation of an existing or former municipal ordinance	1902
or law of this state, any other state, or the United States, if	1903
the offense is substantially equivalent to any of the offenses	1904
listed or described in division (E)(1), (2), or (3) of this	1905
section.	1906

(F) Prior to employing an applicant, the director shall	1907
require the applicant to submit a statement with the applicant's	1908
signature attesting that the applicant has not been convicted of	1909
or pleaded guilty to any of the offenses listed or described in	1910
division (E) of this section. The director also shall require the	1911
applicant to sign an agreement under which the applicant agrees to	1912
notify the director within fourteen calendar days if, while	1913
employed with the department, the applicant is ever formally	1914
charged with, convicted of, or pleads guilty to any of the	1915
offenses listed or described in division (E) of this section. The	1916
agreement shall inform the applicant that failure to report formal	1917
charges, a conviction, or a guilty plea may result in being	1918
dismissed from employment.	1919

(G) The director shall pay to the bureau of criminal	1920
identification and investigation the fee prescribed pursuant to	1921
division (C)(3) of section 109.572 of the Revised Code for each	1922
criminal records check requested and conducted pursuant to this	1923
section.	1924

(H)(1) Any report obtained pursuant to this section is not a	1925
public record for purposes of section 149.43 of the Revised Code	1926
and shall not be made available to any person, other than the	1927
applicant who is the subject of the records check or criminal	1928
records check or the applicant's representative, the department or	1929
its representative, a county board of mental retardation and	1930
developmental disabilities, and any court, hearing officer, or	1931
other necessary individual involved in a case dealing with the	1932
denial of employment to the applicant or the denial, suspension,	1933
or revocation of a certificate or evidence of registration under	1934
section 5123.082 of the Revised Code.	1935

(2) An individual for whom the director has obtained reports	1936
under this section may submit a written request to the director to	1937
have copies of the reports sent to any state agency, entity of	1938
local government, or private entity. The individual shall specify	1939
in the request the agencies or entities to which the copies are to	1940
be sent. On receiving the request, the director shall send copies	1941
of the reports to the agencies or entities specified.	1942

The director may request that a state agency, entity of local	1943
government, or private entity send copies to the director of any	1944
report regarding a records check or criminal records check that	1945
the agency or entity possesses, if the director obtains the	1946
written consent of the individual who is the subject of the	1947
report.	1948

(I) The director shall request the registrar of motor	1949
vehicles to supply the director with a certified abstract	1950
regarding the record of convictions for violations of motor	1951
vehicle laws of each applicant who will be required by the	1952
applicant's employment to transport individuals with mental	1953
retardation or a developmental disability or to operate the	1954
department's vehicles for any other purpose. For each abstract	1955
provided under this section, the director shall pay the amount	1956
specified in section 4509.05 of the Revised Code.	1957

(J) The director shall provide each applicant with a copy of	1958
any report or abstract obtained about the applicant under this	1959
section.	1960

(K)(1) The director shall inform each person, at the time of	1961
the person's initial application for employment, that the person	1962
is required to provide a set of impressions of the person's	1963
fingerprints and that a criminal records check is required to be	1964
conducted and satisfactorily completed in accordance with section	1965
109.572 of the Revised Code if the person comes under final	1966
consideration for employment as a precondition to employment in a	1967
position.	1968

(2) The director may employ an applicant pending receipt of	1969
reports requested under this section. The director shall terminate	1970
employment of any such applicant if it is determined from the	1971
reports that the applicant failed to inform the director that the	1972
applicant had been convicted of or pleaded guilty to any of the	1973
offenses listed or described in division (E) of this section.	1974

(L) The director may charge an applicant a fee for costs the	1975
director incurs in obtaining reports, abstracts, or fingerprint	1976
impressions under this section. A fee charged under this division	1977
shall not exceed the amount of the fees the director pays under	1978
divisions (G) and (I) of this section. If a fee is charged under	1979
this division, the director shall notify the applicant of the	1980
amount of the fee at the time of the applicant's initial	1981
application for employment and that, unless the fee is paid, the	1982
director will not consider the applicant for employment.	1983

(M) The director shall adopt rules in accordance with Chapter	1984
119. of the Revised Code to implement this section, including	1985
rules specifying circumstances under which the director may employ	1986
a person who has been convicted of or pleaded guilty to an offense	1987
listed or described in division (E) of this section but who meets	1988
standards in regard to rehabilitation set by the director.	1989

Sec. 5123.50.  As used in this section and sections 5123.51	1990
and, 5123.52, and 5123.541 of the Revised Code:	1991

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

1992

(1) The use of physical force that can reasonably be expected	1993
to result in physical harm or serious physical harm;	1994

(2) Sexual abuse;

1995

(3) Verbal abuse.

1996

(B) "Misappropriation" means depriving, defrauding, or	1997
otherwise obtaining the real or personal property of an individual	1998
by any means prohibited by the Revised Code, including violations	1999
of Chapter 2911. or 2913. of the Revised Code.	2000

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

2001

(1) An employee of the department of mental retardation and	2002
developmental disabilities;	2003

(2) An employee of a county board of mental retardation and	2004
developmental disabilities;	2005

(3) An employee in a position that includes providing	2006
specialized services to an individual with mental retardation or a	2007
another developmental disability.	2008

(D) "Neglect" means, when there is a duty to do so, failing	2009
to provide an individual with any treatment, care, goods, or	2010
services that are necessary to maintain the health and safety of	2011
the individual.	2012

(E) "Physical harm" and "serious physical harm" have the same	2013
meanings as in section 2901.01 of the Revised Code.	2014

(F) "Sexual abuse" means unlawful sexual conduct or sexual	2015
contact, as those terms are defined in section 2907.01 of the	2016
Revised Code.	2017

(G) "Specialized services" means any program or service	2018
designed and operated to serve primarily individuals with mental	2019
retardation or a developmental disability, including a program or	2020
service provided by an entity licensed or certified by the	2021
department of mental retardation and developmental disabilities. A	2022
program or service available to the general public is not a	2023
specialized service.	2024

(H) "Verbal abuse" means purposely using words to threaten,	2025
coerce, intimidate, harass, or humiliate an individual.	2026

(I) "Sexual conduct," "sexual contact," and "spouse" have the	2027
same meanings as in section 2907.01 of the Revised Code.	2028

Sec. 5123.51.  (A) In addition to any other action required	2029
by sections 5123.61 and 5126.31 of the Revised Code, the	2030
department of mental retardation and developmental disabilities	2031
shall review each report the department receives of abuse or	2032
neglect of an individual with mental retardation or a	2033
developmental disability or misappropriation of an individual's	2034
property that includes an allegation that an MR/DD employee	2035
committed or was responsible for the abuse, neglect, or	2036
misappropriation. The department shall review a report it receives	2037
from a public children services agency only after the agency	2038
completes its investigation pursuant to section 2151.421 of the	2039
Revised Code. On receipt of a notice under section 2930.061 or	2040
5123.541 of the Revised Code, the department shall review the	2041
notice.	2042

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

2043

(1) Investigate the allegation or adopt the findings of an	2044
investigation or review of the allegation conducted by another	2045
person or government entity and determine whether there is a	2046
reasonable basis for the allegation;	2047

(2) If the department determines that there is a reasonable	2048
basis for the allegation, conduct an adjudication pursuant to	2049
Chapter 119. of the Revised Code.	2050

(C)(1) The department shall appoint an independent hearing	2051
officer to conduct any hearing conducted pursuant to division	2052
(B)(2) of this section, except that, if the hearing is regarding	2053
an employee of the department who is represented by a union, the	2054
department and a representative of the union shall jointly select	2055
the hearing officer.	2056

(2) No(a) Except as provided in division (C)(2)(b) of this	2057
section, no hearing shall be conducted under division (B)(2) of	2058
this section until any criminal proceeding or collective	2059
bargaining arbitration concerning the same allegation has	2060
concluded.	2061

(b) The department may conduct a hearing pursuant to division	2062
(B)(2) of this section before a criminal proceeding concerning the	2063
same allegation is concluded if both of the following are the	2064
case:	2065

(i) The department notifies the prosecutor responsible for	2066
the criminal proceeding that the department proposes to conduct a	2067
hearing.	2068

(ii) The prosecutor consents to the hearing.

2069

(3) In conducting a hearing pursuant to division (B)(2) of	2070
this section, the hearing officer shall do bothall of the	2071
following:	2072

(a) Determine whether there is clear and convincing evidence	2073
that the MR/DD employee has done any of the following:	2074

(i) Misappropriated the property of an individualone or more	2075
individuals with mental retardation or a developmental disability	2076
that has a value, either separately or taken together, of one	2077
hundred dollars or more;	2078

(ii) Misappropriated property of an individual with mental	2079
retardation or a developmental disability that is designed to be	2080
used as a check, draft, negotiable instrument, credit card, charge	2081
card, or device for initiating an electronic fund transfer at a	2082
point of sale terminal, automated teller machine, or cash	2083
dispensing machine;	2084

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

2085

(iii)(iv) Recklessly abused or neglected such an individual,	2086
with resulting physical harm;	2087

(iv)(v) Negligently abused or neglected such an individual,	2088
with resulting serious physical harm;	2089

(vi) Recklessly neglected such an individual, creating a	2090
substantial risk of serious physical harm;	2091

(vii) Engaged in sexual conduct or had sexual contact with an	2092
individual with mental retardation or another developmental	2093
disability who was not the MR/DD employee's spouse and for whom	2094
the MR/DD employee was employed or under a contract to provide	2095
care;	2096

(viii) Unreasonably failed to make a report pursuant to	2097
division (C) of section 5123.61 of the Revised Code when the	2098
employee knew or should have known that the failure would result	2099
in a substantial risk of harm to an individual with mental	2100
retardation or a developmental disability.	2101

(b) Give weight to the decision in any collective bargaining	2102
arbitration regarding the same allegation;	2103

(c) Give weight to any relevant facts presented at the	2104
hearing.	2105

(D)(1) Unless the director of mental retardation and	2106
developmental disabilities determines that there are extenuating	2107
circumstances and except as provided in divisions (D)(4) and	2108
division (E) of this section, the director shall include in the	2109
registry established under section 5123.52 of the Revised Code the	2110
name of an MR/DD employee if the director, after considering all	2111
of the factors listed in division (C)(3) of this section, finds	2112
that there is clear and convincing evidence that thean MR/DD	2113
employee has done one or more of the things described in division	2114
(C)(3)(a) of this section the director shall include the name of	2115
the employee in the registry established under section 5123.52 of	2116
the Revised Code.	2117

(2) Extenuating circumstances the director must consider	2118
include the use of physical force by an MR/DD employee that was	2119
necessary as self-defense.	2120

(3) If the director includes an MR/DD employee in the	2121
registry established under section 5123.52 of the Revised Code,	2122
the director shall notify the employee, the person or government	2123
entity that employs or contracts with the employee, the individual	2124
with mental retardation or a developmental disability who was the	2125
subject of the report and that individual's legal guardian, if	2126
any, the attorney general, and the prosecuting attorney or other	2127
law enforcement agency. If the MR/DD employee holds a license,	2128
certificate, registration, or other authorization to engage in a	2129
profession issued pursuant to Title XLVII of the Revised Code, the	2130
director shall notify the appropriate agency, board, department,	2131
or other entity responsible for regulating the employee's	2132
professional practice.	2133

(4) The director shall not include in the registry an	2134
individual who has been found not guilty by a court or jury of an	2135
offense arising from the same factsIf an individual whose name	2136
appears on the registry is involved in a court proceeding or	2137
arbitration arising from the same facts as the allegation	2138
resulting in the individual's placement on the registry, the	2139
disposition of the proceeding or arbitration shall be noted in the	2140
registry next to the individual's name.	2141

(E) In the case of an allegation concerning an employee of	2142
the department, after the hearing conducted pursuant to division	2143
(B)(2) of this section, the director of health or that director's	2144
designee shall review the decision of the hearing officer to	2145
determine whether the standard described in division (C)(2)(3) of	2146
this section has been met. If the director or designee determines	2147
that the standard has been met and that no extenuating	2148
circumstances exist, the director or designee shall notify the	2149
director of mental retardation and developmental disabilities that	2150
the MR/DD employee is to be included in the registry established	2151
under section 5123.52 of the Revised Code. If the director of	2152
mental retardation and developmental disabilities receives such	2153
notification, the director shall include the MR/DD employee in the	2154
registry, unless division (D)(4) of this section applies, and	2155
shall provide the notification described in division (D)(3) of	2156
this section.	2157

(F) If the department is required by Chapter 119. of the	2158
Revised Code to give notice of an opportunity for a hearing and	2159
the MR/DD employee subject to the notice does not timely request a	2160
hearing in accordance with section 119.07 of the Revised Code, the	2161
department is not required to hold a hearing.	2162

(G) Files and records of investigations conducted pursuant to	2163
this section are not public records as defined in section 149.43	2164
of the Revised Code, but, on request, the department shall provide	2165
copies of those files and records to the attorney general, a	2166
prosecuting attorney, or a law enforcement agency.	2167

Sec. 5123.541.  (A) No MR/DD employee shall engage in any	2168
sexual conduct or have any sexual contact with an individual with	2169
mental retardation or another developmental disability for whom	2170
the MR/DD employee is employed or under a contract to provide care	2171
unless the individual is the MR/DD employee's spouse.	2172

(B) Any MR/DD employee who violates division (A) of this	2173
section shall be eligible to be included in the registry regarding	2174
misappropriation, abuse, neglect, or other specified misconduct by	2175
MR/DD employees established under section 5123.52 of the Revised	2176
Code, in addition to any other sanction or penalty authorized or	2177
required by law.	2178

(C)(1) Any person listed in division (C)(2) of section	2179
5123.61 of the Revised Code who has reason to believe that an	2180
MR/DD employee has violated division (A) of this section shall	2181
immediately report that belief to the department of mental	2182
retardation and developmental disabilities.	2183

(2) Any person who has reason to believe that an MR/DD	2184
employee has violated division (A) of this section may report that	2185
belief to the department of mental retardation and developmental	2186
disabilities.	2187

Sec. 5123.542.  (A) Each of the following shall annually	2188
provide a written notice to each of its MR/DD employees explaining	2189
the conduct for which an MR/DD employee may be included in the	2190
registry established under section 5123.52 of the Revised Code:	2191

(1) The department of mental retardation and developmental	2192
disabilities;	2193

(2) Each county board of mental retardation and developmental	2194
disabilities;	2195

(3) Each contracting entity, as defined in section 5126.281	2196
of the Revised Code;	2197

(4) Each owner, operator, or administrator of a residential	2198
facility, as defined in section 5123.19 of the Revised Code;	2199

(5) Each owner, operator, or administrator of a program	2200
certified by the department to provide supported living.	2201

(B) The notice described in division (A) of this section	2202
shall be in a form and provided in a manner prescribed by the	2203
department of mental retardation and developmental disabilities.	2204
The form shall be the same for all persons and entities required	2205
to provide notice under division (A) of this section.	2206

(C) The fact that an MR/DD employee does not receive the	2207
notice required by this section does not exempt the employee from	2208
inclusion in the registry established under section 5123.52 of the	2209
Revised Code.	2210

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

2211

(1) "Law enforcement agency" means the state highway patrol,	2212
the police department of a municipal corporation, or a county	2213
sheriff.	2214

(2) "Abuse" has the same meaning as in section 5123.50 of the	2215
Revised Code, except that it includes a misappropriation, as	2216
defined in that section.	2217

(3) "Neglect" has the same meaning as in section 5123.50 of	2218
the Revised Code.	2219

(B) The department of mental retardation and developmental	2220
disabilities shall establish a registry office for the purpose of	2221
maintaining reports of abuse, neglect, and other major unusual	2222
incidents made to the department under this section and reports	2223
received from county boards of mental retardation and	2224
developmental disabilities under section 5126.31 of the Revised	2225
Code. The department shall establish committees to review reports	2226
of abuse, neglect, and other major unusual incidents.	2227

(C)(1) Any person listed in division (C)(2) of this section,	2228
having reason to believe that a person with mental retardation or	2229
a developmental disability has suffered or faces a substantial	2230
risk of suffering any wound, injury, disability, or condition of	2231
such a nature as to reasonably indicate abuse or neglect of that	2232
person, shall immediately report or cause reports to be made of	2233
such information to the entity specified in this division. Except	2234
as provided in section 5120.173 of the Revised Code or as	2235
otherwise provided in this division, the person making the report	2236
shall make it to a law enforcement agency or to the county board	2237
of mental retardation and developmental disabilities, except that	2238
if. If the report concerns a resident of a facility operated by	2239
the department of mental retardation and developmental	2240
disabilities the report shall be made either to a law enforcement	2241
agency or to the department. If the report concerns any act or	2242
omission of an employee of a county board of mental retardation	2243
and developmental disabilities, the report immediately shall be	2244
made to the department and to the county board.	2245

(2) All of the following persons are required to make a	2246
report under division (C)(1) of this section:	2247

(a) Any physician, including a hospital intern or resident,	2248
any dentist, podiatrist, chiropractor, practitioner of a limited	2249
branch of medicine as specified in section 4731.15 of the Revised	2250
Code, hospital administrator or employee of a hospital, nurse	2251
licensed under Chapter 4723. of the Revised Code, employee of an	2252
ambulatory health facility as defined in section 5101.61 of the	2253
Revised Code, employee of a home health agency, employee of an	2254
adult care facility licensed under Chapter 3722. of the Revised	2255
Code, or employee of a community mental health facility;	2256

(b) Any school teacher or school authority, social worker,	2257
psychologist, attorney, peace officer, coroner, clergyman, or	2258
residents' rights advocate as defined in section 3721.10 of the	2259
Revised Code;	2260

(c) A superintendent, board member, or employee of a county	2261
board of mental retardation and developmental disabilities; an	2262
administrator, board member, or employee of a residential facility	2263
licensed under section 5123.19 of the Revised Code; an	2264
administrator, board member, or employee of any other public or	2265
private provider of services to a person with mental retardation	2266
or a developmental disability, or any MR/DD employee, as defined	2267
in section 5123.50 of the Revised Code;	2268

(d) A member of a citizen's advisory council established at	2269
an institution or branch institution of the department of mental	2270
retardation and developmental disabilities under section 5123.092	2271
of the Revised Code;	2272

(e) A clergyman who is employed in a position that includes	2273
providing specialized services to an individual with mental	2274
retardation or another developmental disability, while acting in	2275
an official or professional capacity in that position, or a person	2276
who is employed in a position that includes providing specialized	2277
services to an individual with mental retardation or another	2278
developmental disability and who, while acting in an official or	2279
professional capacity, renders spiritual treatment through prayer	2280
in accordance with the tenets of an organized religion.	2281

(3)(a) The reporting requirements of this division do not	2282
apply to members of the legal rights service commission or to	2283
employees of the legal rights service.	2284

(b) An attorney or physician is not required to make a report	2285
pursuant to division (C)(1) of this section concerning any	2286
communication the attorney or physician receives from a client or	2287
patient in an attorney-client or physician-patient relationship,	2288
if, in accordance with division (A) or (B) of section 2317.02 of	2289
the Revised Code, the attorney or physician could not testify with	2290
respect to that communication in a civil or criminal proceeding,	2291
except that the client or patient is deemed to have waived any	2292
testimonial privilege under division (A) or (B) of section 2317.02	2293
of the Revised Code with respect to that communication and the	2294
attorney or physician shall make a report pursuant to division	2295
(C)(1) of this section, if both of the following apply:	2296

(i) The client or patient, at the time of the communication,	2297
is a person with mental retardation or a developmental disability.	2298

(ii) The attorney or physician knows or suspects, as a result	2299
of the communication or any observations made during that	2300
communication, that the client or patient has suffered or faces a	2301
substantial risk of suffering any wound, injury, disability, or	2302
condition of a nature that reasonably indicates abuse or neglect	2303
of the client or patient.	2304

(4) Any person who fails to make a report required under	2305
division (C) of this section and who is an MR/DD employee, as	2306
defined in section 5123.50 of the Revised Code, shall be eligible	2307
to be included in the registry regarding misappropriation, abuse,	2308
neglect, or other specified misconduct by MR/DD employees	2309
established under section 5123.52 of the Revised Code.	2310

(D) The reports required under division (C) of this section	2311
shall be made forthwith by telephone or in person and shall be	2312
followed by a written report. The reports shall contain the	2313
following:	2314

(1) The names and addresses of the person with mental	2315
retardation or a developmental disability and the person's	2316
custodian, if known;	2317

(2) The age of the person with mental retardation or a	2318
developmental disability;	2319

(3) Any other information that would assist in the	2320
investigation of the report.	2321

(E) When a physician performing services as a member of the	2322
staff of a hospital or similar institution has reason to believe	2323
that a person with mental retardation or a developmental	2324
disability has suffered injury, abuse, or physical neglect, the	2325
physician shall notify the person in charge of the institution or	2326
that person's designated delegate, who shall make the necessary	2327
reports.	2328

(F) Any person having reasonable cause to believe that a	2329
person with mental retardation or a developmental disability has	2330
suffered or faces a substantial risk of suffering abuse or neglect	2331
may report the belief, or cause a report to be made,of that	2332
belief to the entity specified in this division. Except as	2333
provided in section 5120.173 of the Revised Code or as otherwise	2334
provided in this division, the person making the report shall make	2335
it to a law enforcement agency or the county board of mental	2336
retardation and developmental disabilities, or, if. If the person	2337
is a resident of a facility operated by the department of mental	2338
retardation and developmental disabilities, the report shall be	2339
made to a law enforcement agency or to the department. If the	2340
report concerns any act or omission of an employee of a county	2341
board of mental retardation and developmental disabilities, the	2342
report immediately shall be made to the department and to the	2343
county board.	2344

(G)(1) Upon the receipt of a report concerning the possible	2345
abuse or neglect of a person with mental retardation or a	2346
developmental disability, the law enforcement agency shall inform	2347
the county board of mental retardation and developmental	2348
disabilities or, if the person is a resident of a facility	2349
operated by the department of mental retardation and developmental	2350
disabilities, the director of the department or the director's	2351
designee.	2352

(2) On receipt of a report under this section that includes	2353
an allegation of action or inaction that may constitute a crime	2354
under federal law or the law of this state, the department of	2355
mental retardation and developmental disabilities shall notify the	2356
law enforcement agency.	2357

(3) When a county board of mental retardation and	2358
developmental disabilities receives a report under this section	2359
that includes an allegation of action or inaction that may	2360
constitute a crime under federal law or the law of this state, the	2361
superintendent of the board or an individual the superintendent	2362
designates under division (H) of this section shall notify the law	2363
enforcement agency. The superintendent or individual shall notify	2364
the department of mental retardation and developmental	2365
disabilities when it receives any report under this section.	2366

(4) When a county board of mental retardation and	2367
developmental disabilities receives a report under this section	2368
and believes that the degree of risk to the person is such that	2369
the report is an emergency, the superintendent of the board or an	2370
employee of the board the superintendent designates shall attempt	2371
a face-to-face contact with the person with mental retardation or	2372
a developmental disability who allegedly is the victim within one	2373
hour of the board's receipt of the report.	2374

(H) The superintendent of the board may designate an	2375
individual to be responsible for notifying the law enforcement	2376
agency and the department when the county board receives a report	2377
under this section.	2378

(I) An adult with mental retardation or a developmental	2379
disability about whom a report is made may be removed from the	2380
adult's place of residence only by law enforcement officers who	2381
consider that the adult's immediate removal is essential to	2382
protect the adult from further injury or abuse or in accordance	2383
with the order of a court made pursuant to section 5126.33 of the	2384
Revised Code.	2385

(J) A law enforcement agency shall investigate each report of	2386
abuse or neglect it receives under this section. In addition, the	2387
department, in cooperation with law enforcement officials, shall	2388
investigate each report regarding a resident of a facility	2389
operated by the department to determine the circumstances	2390
surrounding the injury, the cause of the injury, and the person	2391
responsible. The investigation shall be in accordance with the	2392
memorandum of understanding prepared under section 5126.058 of the	2393
Revised Code. The department shall determine, with the registry	2394
office which shall be maintained by the department, whether prior	2395
reports have been made concerning andan adult with mental	2396
retardation or a developmental disability or other principals in	2397
the case. If the department finds that the report involves action	2398
or inaction that may constitute a crime under federal law or the	2399
law of this state, it shall submit a report of its investigation,	2400
in writing, to the law enforcement agency. If the person with	2401
mental retardation or a developmental disability is an adult, with	2402
the consent of the adult, the department shall provide such	2403
protective services as are necessary to protect the adult. The law	2404
enforcement agency shall make a written report of its findings to	2405
the department.	2406

If the person is an adult and is not a resident of a facility	2407
operated by the department, the county board of mental retardation	2408
and developmental disabilities shall review the report of abuse or	2409
neglect in accordance with sections 5126.30 to 5126.33 of the	2410
Revised Code and the law enforcement agency shall make the written	2411
report of its findings to the county board.	2412

(K) Any person or any hospital, institution, school, health	2413
department, or agency participating in the making of reports	2414
pursuant to this section, any person participating as a witness in	2415
an administrative or judicial proceeding resulting from the	2416
reports, or any person or governmental entity that discharges	2417
responsibilities under sections 5126.31 to 5126.33 of the Revised	2418
Code shall be immune from any civil or criminal liability that	2419
might otherwise be incurred or imposed as a result of such actions	2420
except liability for perjury, unless the person or governmental	2421
entity has acted in bad faith or with malicious purpose.	2422

(L) No employer or any person with the authority to do so	2423
shall discharge, demote, transfer, prepare a negative work	2424
performance evaluation, reduce pay or benefits, terminate work	2425
privileges, or take any other action detrimental to an employee or	2426
retaliate against an employee as a result of the employee's having	2427
made a report under this section. This division does not preclude	2428
an employer or person with authority from taking action with	2429
regard to an employee who has made a report under this section if	2430
there is another reasonable basis for the action.	2431

(M) Reports made under this section are not public records as	2432
defined in section 149.43 of the Revised Code. Information	2433
contained in the reports on request shall be made available to the	2434
person who is the subject of the report, to the person's legal	2435
counsel, and to agencies authorized to receive information in the	2436
report by the department or by a county board of mental	2437
retardation and developmental disabilities.	2438

(N) Notwithstanding section 4731.22 of the Revised Code, the	2439
physician-patient privilege shall not be a ground for excluding	2440
evidence regarding the injuries or physical neglect of a person	2441
with mental retardation or a developmental disability or the cause	2442
thereof in any judicial proceeding resulting from a report	2443
submitted pursuant to this section.	2444

Sec. 5123.614. (A) Subject to division (B) of this section,	2445
on receipt of a report of a major unusual incident made pursuant	2446
to section 5123.61 or 5126.31 of the Revised Code or rules adopted	2447
under section 5123.612 of the Revised Code, the department of	2448
mental retardation and developmental disabilities may do either of	2449
the following:	2450

(1) Conduct an independent review or investigation of the	2451
incident;	2452

(2) Request that an independent review or investigation of	2453
the incident be conducted by a county board of mental retardation	2454
and developmental disabilities that is not implicated in the	2455
report, a regional council of government, or any other entity	2456
authorized to conduct such investigations.	2457

(B) If a report described in division (A) of this section	2458
concerning the health or safety of a person with mental	2459
retardation or a developmental disability involves an allegation	2460
that an employee of a county board of mental retardation and	2461
developmental disabilities has created a substantial risk of	2462
serious physical harm to a person with mental retardation or a	2463
developmental disability, the department shall do one of the	2464
following:	2465

(1) Conduct an independent investigation regarding the	2466
incident;	2467

(2) Request that an independent review or investigation of	2468
the incident be conducted by a county board of mental retardation	2469
and developmental disabilities that is not implicated in the	2470
report, a regional council of government, or any other entity	2471
authorized to conduct such investigations.	2472

Sec. 5123.99.  (A) Whoever violates section 5123.20 of the	2473
Revised Code is guilty of a misdemeanor of the first degree.	2474

(B) Whoever violates division (C), (E), or (G)(3) of section	2475
5123.61 of the Revised Code shall be fined not more than five	2476
hundred dollarsis guilty of a misdemeanor of the fourth degree	2477
or, if the abuse or neglect constitutes a felony, a misdemeanor of	2478
the second degree. In addition to any other sanction or penalty	2479
authorized or required by law, if a person who is convicted of or	2480
pleads guilty to a violation of division (C), (E), or (G)(3) of	2481
section 5123.61 of the Revised Code is an MR/DD employee, as	2482
defined in section 5123.50 of the Revised Code, the offender shall	2483
be eligible to be included in the registry regarding	2484
misappropriation, abuse, neglect, or other specified misconduct by	2485
MR/DD employees established under section 5123.52 of the Revised	2486
Code.	2487

(C) Whoever violates division (A) of section 5123.604 of the	2488
Revised Code is guilty of a misdemeanor of the second degree.	2489

(D) Whoever violates division (B) of section 5123.604 of the	2490
Revised Code shall be fined not more than one thousand dollars.	2491
Each violation constitutes a separate offense.	2492

Sec. 5126.058. (A) Each county board of mental retardation	2493
and developmental disabilities shall prepare a memorandum of	2494
understanding that is developed by all of the following and that	2495
is signed by the persons identified in divisions (A)(3) to (8) of	2496
this section:	2497

(1) If there is only one probate judge in the county, the	2498
probate judge of the county or the probate judge's representative;	2499

(2) If there is more than one probate judge in the county, a	2500
probate judge or the probate judge's representative selected by	2501
the probate judges or, if they are unable to do so for any reason,	2502
the probate judge who is senior in point of service or the senior	2503
probate judge's representative;	2504

(3) The county peace officer;

2505

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

2506

(5) Other law enforcement officers handling abuse, neglect,	2507
and exploitation of mentally retarded and developmentally disabled	2508
persons in the county;	2509

(6) The prosecuting attorney of the county;

2510

(7) The public children services agency;

2511

(8) The coroner of the county.

2512

(B) A memorandum of understanding shall set forth the normal	2513
operating procedure to be employed by all concerned officials in	2514
the execution of their respective responsibilities under this	2515
section and sections 313.12, 2151.421, 2903.16, 5126.31, and	2516
5126.33 of the Revised Code and shall have as its primary goal the	2517
elimination of all unnecessary interviews of persons who are the	2518
subject of reports made pursuant to this section. A failure to	2519
follow the procedure set forth in the memorandum by the concerned	2520
officials is not grounds for, and shall not result in, the	2521
dismissal of any charge or complaint arising from any reported	2522
case of abuse, neglect, or exploitation or the suppression of any	2523
evidence obtained as a result of any reported abuse, neglect, or	2524
exploitation and does not give any rights or grounds for appeal or	2525
post-conviction relief to any person.	2526

(C) A memorandum of understanding shall include, but is not	2527
limited to, all of the following:	2528

(1) The roles and responsibilities for handling emergency and	2529
nonemergency cases of abuse, neglect, or exploitation;	2530

(2) The roles and responsibilities for handling and	2531
coordinating investigations of reported cases of abuse, neglect,	2532
or exploitation and methods to be used in interviewing the person	2533
who is the subject of the report and who allegedly was abused,	2534
neglected, or exploited;	2535

(3) The roles and responsibilities for addressing the	2536
categories of persons who may interview the person who is the	2537
subject of the report and who allegedly was abused, neglected, or	2538
exploited;	2539

(4) The roles and responsibilities for providing victim	2540
services to mentally retarded and developmentally disabled persons	2541
pursuant to Chapter 2930. of the Revised Code;	2542

(5) The roles and responsibilities for the filing of criminal	2543
charges against persons alleged to have abused, neglected, or	2544
exploited mentally retarded or developmentally disabled persons.	2545

(D) A memorandum of understanding may be signed by victim	2546
advocates, municipal court judges, municipal prosecutors, and any	2547
other person whose participation furthers the goals of a	2548
memorandum of understanding, as set forth in this section.	2549

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

2550

(1) "Applicant" means a person who is under final	2551
consideration for appointment or employment in a position with a	2552
county board of mental retardation and developmental disabilities,	2553
including, but not limited to, a person who is being transferred	2554
to the county board and an employee who is being recalled or	2555
reemployed after a layoff.	2556

(2) "Criminal records check" has the same meaning as in	2557
section 109.572 of the Revised Code.	2558

(3) "Minor drug possession offense" has the same meaning as	2559
in section 2925.01 of the Revised Code.	2560

(B) The superintendent of a county board of mental	2561
retardation and developmental disabilities shall request the	2562
superintendent of the bureau of criminal identification and	2563
investigation to conduct a criminal records check with respect to	2564
any applicant who has applied to the board for employment in any	2565
position, except that a county board superintendent is not	2566
required to request a criminal records check for an employee of	2567
the board who is being considered for a different position or is	2568
returning after a leave of absence or seasonal break in	2569
employment, as long as the superintendent has no reason to believe	2570
that the employee has committed any of the offenses listed or	2571
described in division (E) of this section.	2572

If the applicant does not present proof that the applicant	2573
has been a resident of this state for the five-year period	2574
immediately prior to the date upon which the criminal records	2575
check is requested, the county board superintendent shall request	2576
that the superintendent of the bureau obtain information from the	2577
federal bureau of investigation as a part of the criminal records	2578
check for the applicant. If the applicant presents proof that the	2579
applicant has been a resident of this state for that five-year	2580
period, the county board superintendent may request that the	2581
superintendent of the bureau include information from the federal	2582
bureau of investigation in the criminal records check. For	2583
purposes of this division, an applicant may provide proof of	2584
residency in this state by presenting, with a notarized statement	2585
asserting that the applicant has been a resident of this state for	2586
that five-year period, a valid driver's license, notification of	2587
registration as an elector, a copy of an officially filed federal	2588
or state tax form identifying the applicant's permanent residence,	2589
or any other document the superintendent considers acceptable.	2590

(C) The county board superintendent shall provide to each	2591
applicant a copy of the form prescribed pursuant to division	2592
(C)(1) of section 109.572 of the Revised Code, provide to each	2593
applicant a standard impression sheet to obtain fingerprint	2594
impressions prescribed pursuant to division (C)(2) of section	2595
109.572 of the Revised Code, obtain the completed form and	2596
impression sheet from each applicant, and forward the completed	2597
form and impression sheet to the superintendent of the bureau of	2598
criminal identification and investigation at the time the criminal	2599
records check is requested.	2600

Any applicant who receives pursuant to this division a copy	2601
of the form prescribed pursuant to division (C)(1) of section	2602
109.572 of the Revised Code and a copy of an impression sheet	2603
prescribed pursuant to division (C)(2) of that section and who is	2604
requested to complete the form and provide a set of fingerprint	2605
impressions shall complete the form or provide all the information	2606
necessary to complete the form and shall provide the impression	2607
sheet with the impressions of the applicant's fingerprints. If an	2608
applicant, upon request, fails to provide the information	2609
necessary to complete the form or fails to provide impressions of	2610
the applicant's fingerprints, the county board superintendent	2611
shall not employ that applicant.	2612

(D) A county board superintendent may request any other state	2613
or federal agency to supply the board with a written report	2614
regarding the criminal record of each applicant. With regard to an	2615
applicant who becomes a board employee, if the employee holds an	2616
occupational or professional license or other credentials, the	2617
superintendent may request that the state or federal agency that	2618
regulates the employee's occupation or profession supply the board	2619
with a written report of any information pertaining to the	2620
employee's criminal record that the agency obtains in the course	2621
of conducting an investigation or in the process of renewing the	2622
employee's license or other credentials.	2623

(E) Except as provided in division (K)(2) of this section and	2624
in rules adopted by the department of mental retardation and	2625
developmental disabilities in accordance with division (M) of this	2626
section, no county board of mental retardation and developmental	2627
disabilities shall employ a person to fill a position with the	2628
board who has been convicted of or pleaded guilty to any of the	2629
following:	2630

(1) A violation of section 2903.01, 2903.02, 2903.03,	2631
2903.341, 2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21,	2632
2903.34, 2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04,	2633
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22,	2634
2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323,	2635
2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24,	2636
2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04,	2637
2925.05, 2925.06, or 3716.11 of the Revised Code, a violation of	2638
section 2905.04 of the Revised Code as it existed prior to July 1,	2639
1996, a violation of section 2919.23 of the Revised Code that	2640
would have been a violation of section 2905.04 of the Revised Code	2641
as it existed prior to July 1, 1996, had the violation occurred	2642
prior to that date, a violation of section 2925.11 of the Revised	2643
Code that is not a minor drug possession offense, or felonious	2644
sexual penetration in violation of former section 2907.12 of the	2645
Revised Code;	2646

(2) A felony contained in the Revised Code that is not listed	2647
in this division, if the felony bears a direct and substantial	2648
relationship to the duties and responsibilities of the position	2649
being filled;	2650

(3) Any offense contained in the Revised Code constituting a	2651
misdemeanor of the first degree on the first offense and a felony	2652
on a subsequent offense, if the offense bears a direct and	2653
substantial relationship to the position being filled and the	2654
nature of the services being provided by the county board;	2655

(4) A violation of an existing or former municipal ordinance	2656
or law of this state, any other state, or the United States, if	2657
the offense is substantially equivalent to any of the offenses	2658
listed or described in division (E)(1), (2), or (3) of this	2659
section.	2660

(F) Prior to employing an applicant, the county board	2661
superintendent shall require the applicant to submit a statement	2662
with the applicant's signature attesting that the applicant has	2663
not been convicted of or pleaded guilty to any of the offenses	2664
listed or described in division (E) of this section. The	2665
superintendent also shall require the applicant to sign an	2666
agreement under which the applicant agrees to notify the	2667
superintendent within fourteen calendar days if, while employed by	2668
the board, the applicant is ever formally charged with, convicted	2669
of, or pleads guilty to any of the offenses listed or described in	2670
division (E) of this section. The agreement shall inform the	2671
applicant that failure to report formal charges, a conviction, or	2672
a guilty plea may result in being dismissed from employment.	2673

(G) A county board of mental retardation and developmental	2674
disabilities shall pay to the bureau of criminal identification	2675
and investigation the fee prescribed pursuant to division (C)(3)	2676
of section 109.572 of the Revised Code for each criminal records	2677
check requested and conducted pursuant to this section.	2678

(H)(1) Any report obtained pursuant to this section is not a	2679
public record for purposes of section 149.43 of the Revised Code	2680
and shall not be made available to any person, other than the	2681
applicant who is the subject of the records check or criminal	2682
records check or the applicant's representative, the board	2683
requesting the records check or criminal records check or its	2684
representative, the department of mental retardation and	2685
developmental disabilities, and any court, hearing officer, or	2686
other necessary individual involved in a case dealing with the	2687
denial of employment to the applicant or the denial, suspension,	2688
or revocation of a certificate or evidence of registration under	2689
section 5126.25 of the Revised Code.	2690

(2) An individual for whom a county board superintendent has	2691
obtained reports under this section may submit a written request	2692
to the county board to have copies of the reports sent to any	2693
state agency, entity of local government, or private entity. The	2694
individual shall specify in the request the agencies or entities	2695
to which the copies are to be sent. On receiving the request, the	2696
county board shall send copies of the reports to the agencies or	2697
entities specified.	2698

A county board may request that a state agency, entity of	2699
local government, or private entity send copies to the board of	2700
any report regarding a records check or criminal records check	2701
that the agency or entity possesses, if the county board obtains	2702
the written consent of the individual who is the subject of the	2703
report.	2704

(I) Each county board superintendent shall request the	2705
registrar of motor vehicles to supply the superintendent with a	2706
certified abstract regarding the record of convictions for	2707
violations of motor vehicle laws of each applicant who will be	2708
required by the applicant's employment to transport individuals	2709
with mental retardation or developmental disabilities or to	2710
operate the board's vehicles for any other purpose. For each	2711
abstract provided under this section, the board shall pay the	2712
amount specified in section 4509.05 of the Revised Code.	2713

(J) The county board superintendent shall provide each	2714
applicant with a copy of any report or abstract obtained about the	2715
applicant under this section. At the request of the director of	2716
mental retardation and developmental disabilities, the	2717
superintendent also shall provide the director with a copy of a	2718
report or abstract obtained under this section.	2719

(K)(1) The county board superintendent shall inform each	2720
person, at the time of the person's initial application for	2721
employment, that the person is required to provide a set of	2722
impressions of the person's fingerprints and that a criminal	2723
records check is required to be conducted and satisfactorily	2724
completed in accordance with section 109.572 of the Revised Code	2725
if the person comes under final consideration for appointment or	2726
employment as a precondition to employment in a position.	2727

(2) A board may employ an applicant pending receipt of	2728
reports requested under this section. The board shall terminate	2729
employment of any such applicant if it is determined from the	2730
reports that the applicant failed to inform the county board that	2731
the applicant had been convicted of or pleaded guilty to any of	2732
the offenses listed or described in division (E) of this section.	2733

(L) The board may charge an applicant a fee for costs it	2734
incurs in obtaining reports, abstracts, or fingerprint impressions	2735
under this section. A fee charged under this division shall not	2736
exceed the amount of the fees the board pays under divisions (G)	2737
and (I) of this section. If a fee is charged under this division,	2738
the board shall notify the applicant of the amount of the fee at	2739
the time of the applicant's initial application for employment and	2740
that, unless the fee is paid, the board will not consider the	2741
applicant for employment.	2742

(M) The department of mental retardation and developmental	2743
disabilities shall adopt rules pursuant to Chapter 119. of the	2744
Revised Code to implement this section and section 5126.281 of the	2745
Revised Code, including rules specifying circumstances under which	2746
a county board or contracting entity may hire a person who has	2747
been convicted of or pleaded guilty to an offense listed or	2748
described in division (E) of this section but who meets standards	2749
in regard to rehabilitation set by the department. The rules may	2750
not authorize a county board or contracting entity to hire an	2751
individual who is included in the registry established under	2752
section 5123.52 of the Revised Code.	2753

Sec. 5126.30.  As used in sections 5126.30 to 5126.34 of the	2754
Revised Code:	2755

(A) "Adult" means a person eighteen years of age or older	2756
with mental retardation or a developmental disability.	2757

(B) "Caretaker" means a person who is responsible for the	2758
care of an adult by order of a court, including an order of	2759
guardianship, or who assumes the responsibility for the care of an	2760
adult as a volunteer, as a family member, by contract, or by the	2761
acceptance of payment for care.	2762

(C) "Abuse" has the same meaning as in section 5123.50 of the	2763
Revised Code, except that it includes a misappropriation, as	2764
defined in that section.	2765

(D) "Neglect" has the same meaning as in section 5123.50 of	2766
the Revised Code.	2767

(E) "Exploitation" means the unlawful or improper act of a	2768
caretaker using an adult or an adult's resources for monetary or	2769
personal benefit, profit, or gain, including misappropriation, as	2770
defined in section 5123.50 of the Revised Code, of an adult's	2771
resources.	2772

(F) "Working day" means Monday, Tuesday, Wednesday, Thursday,	2773
or Friday, except when that day is a holiday as defined in section	2774
1.14 of the Revised Code.	2775

(F)(G) "Incapacitated" means lacking understanding or	2776
capacity, with or without the assistance of a caretaker, to make	2777
and carry out decisions regarding food, clothing, shelter, health	2778
care, or other necessities, but does not include mere refusal to	2779
consent to the provision of services.	2780

(H) "Emergency protective services" means protective services	2781
furnished to a person with mental retardation or a developmental	2782
disability to prevent immediate physical harm.	2783

(I) "Protective services" means services provided by the	2784
county board of mental retardation and developmental disabilities	2785
to an adult with mental retardation or a developmental disability	2786
for the prevention, correction, or discontinuance of an act of as	2787
well as conditions resulting from abuse, neglect, or exploitation.	2788

(J) "Protective service plan" means an individualized plan	2789
developed by the county board of mental retardation and	2790
developmental disabilities to prevent the further abuse, neglect,	2791
or exploitation of an adult with mental retardation or a	2792
developmental disability.	2793

(K) "Substantial risk" has the same meaning as in section	2794
2901.01 of the Revised Code.	2795

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

2796

(1) An adult who is the subject of a probate proceeding under	2797
sections 5126.30 to 5126.33 of the Revised Code;	2798

(2) A caretaker, unless otherwise ordered by the probate	2799
court;	2800

(3) Any other person designated as a party by the probate	2801
court including but not limited to, the adult's spouse, custodian,	2802
guardian, or parent.	2803

(M) "Board" has the same meaning as in section 5126.02 of the	2804
Revised Code.	2805

Sec. 5126.33.  (A) A county board of mental retardation and	2806
developmental disabilities may file a complaint with the probate	2807
court of the county in which an adult with mental retardation or a	2808
developmental disability resides for an order authorizing the	2809
board to arrange services described in division (C) of section	2810
5126.31 of the Revised Code for that adult if the adult is	2811
eligible to receive services or support under section 5126.041 of	2812
the Revised Code and the board has been unable to secure consent.	2813
The complaint shall include:	2814

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

2815

(2) Facts describing the nature of the abuse or, neglect, or	2816
exploitation and supporting the board's belief that services are	2817
needed;	2818

(3) The types of services proposed by the board, as set forth	2819
in the individualizedprotective service plan prepared pursuant to	2820
described in division (J) of section 5126.315126.30 of the	2821
Revised Code and filed with the complaint;	2822

(4) Facts showing the board's attempts to obtain the consent	2823
of the adult or the adult's guardian to the services.	2824

(B) The board shall give the adult notice of the filing of	2825
the complaint and in simple and clear language shall inform the	2826
adult of the adult's rights in the hearing under division (C) of	2827
this section and explain the consequences of a court order. This	2828
notice shall be personally served upon the adultall parties, and	2829
also shall be given to the adult's caretaker, the adult's legal	2830
counsel, if any, and the legal rights service. The notice shall be	2831
given at least twenty-four hours prior to the hearing, although	2832
the court may waive this requirement upon a showing that there is	2833
a substantial risk that the adult will suffer immediate physical	2834
harm in the twenty-four hour period and that the board has made	2835
reasonable attempts to give the notice required by this division.	2836

(C) Upon the filing of a complaint for an order under this	2837
section, the court shall hold a hearing at least twenty-four hours	2838
and no later than seventy-two hours after the notice under	2839
division (B) of this section has been given unless the court has	2840
waived the notice. The adultAll parties shall have the right to	2841
be present at the hearing, present evidence, and examine and	2842
cross-examine witnesses. The Ohio Rules of Evidence shall apply to	2843
a hearing conducted pursuant to this division. The adult shall be	2844
represented by counsel unless the court finds that the adult has	2845
made a voluntary, informed, and knowing waiver of the right to	2846
counsel. If the adult is indigent, the court shall appoint counsel	2847
to represent the adult. The board shall be represented by the	2848
county prosecutor or an attorney designated by the board.	2849

(D)(1) The court shall issue an order authorizing the board	2850
to arrange the protective services if it finds, on the basis of	2851
clear and convincing evidence, all of the following:	2852

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

2853

(b) The adult is incapacitated;

2854

(c) There is a substantial risk to the adult of immediate	2855
physical harm or death;	2856

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

2857

(e) No person authorized by law or court order to give	2858
consent for the adult is available or willing to consent to the	2859
services.	2860

(2) The board shall develop a detailed protective service	2861
plan describing the services that the board will provide, or	2862
arrange for the provision of, to the adult to prevent further	2863
abuse, neglect, or exploitation. The board shall submit the plan	2864
to the court for approval. The protective service plan may be	2865
changed only by court order.	2866

(3) In formulating the order, the court shall consider the	2867
individual protective service plan and shall specifically	2868
designate the services that are necessary to deal with the abuse	2869
or, neglect, or exploitation or condition resulting from abuse or,	2870
neglect, or exploitation and that are available locally, and	2871
authorize the board to arrange for these services only. The court	2872
shall limit the provision of these services to a period not	2873
exceeding fourteen dayssix months, renewable for an additional	2874
fourteen-daysix-month period on a showing by the board that	2875
continuation of the order is necessary.	2876

(E) If the court finds that all other options for meeting the	2877
adult's needs have been exhausted, it may order that the adult be	2878
removed from the adult's place of residence and placed in another	2879
residential setting. Before issuing that order, the court shall	2880
consider the adult's choice of residence and shall determine that	2881
the new residential setting is the least restrictive alternative	2882
available for meeting the adult's needs and is a place where the	2883
adult can obtain the necessary requirements for daily living in	2884
safety. The court shall not order an adult to a hospital or public	2885
hospital as defined in section 5122.01 or a state institution as	2886
defined in section 5123.01 of the Revised Code.	2887

(F) The court shall not authorize a change in an adult's	2888
placement ordered under division (E) of this section unless it	2889
finds compelling reasons to justify a change. The parties to whom	2890
notice was given in division (B) of this section shall be given	2891
notice of a proposed change at least five working days prior to	2892
the change.	2893

(G) The adult, the board, or any other person who received	2894
notice of the petition may file a motion for modification of the	2895
court order at any time.	2896

(H) The county board shall pay court costs incurred in	2897
proceedings brought pursuant to this section. The adult shall not	2898
be required to pay for court-ordered services.	2899

(I)(1) After the filing of a complaint for an order under	2900
this section, the court, prior to the final disposition, may enter	2901
any temporary order that the court finds necessary to protect the	2902
adult with mental retardation or a developmental disability from	2903
abuse, neglect, or exploitation including, but not limited to, the	2904
following:	2905

(a) A temporary protection order;

2906

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

2907

(c) An order requiring a party to vacate the adult's place of	2908
residence or legal settlement, provided that, subject to division	2909
(K)(1)(d) of this section, no operator of a residential facility	2910
licensed by the department may be removed under this division;	2911

(d) In the circumstances described in, and in accordance with	2912
the procedures set forth in, section 5123.191 of the Revised Code,	2913
an order of the type described in that section that appoints a	2914
receiver to take possession of and operate a residential facility	2915
licensed by the department.	2916

(2) The court may grant an ex parte order pursuant to this	2917
division on its own motion or if a party files a written motion or	2918
makes an oral motion requesting the issuance of the order and	2919
stating the reasons for it if it appears to the court that the	2920
best interest and the welfare of the adult require that the court	2921
issue the order immediately. The court, if acting on its own	2922
motion, or the person requesting the granting of an ex parte	2923
order, to the extent possible, shall give notice of its intent or	2924
of the request to all parties, the adult's legal counsel, if any,	2925
and the legal rights service. If the court issues an ex parte	2926
order, the court shall hold a hearing to review the order within	2927
seventy-two hours after it is issued or before the end of the next	2928
day after the day on which it is issued, whichever occurs first.	2929
The court shall give written notice of the hearing to all parties	2930
to the action.	2931

Sec. 5126.331. (A) A probate court, through a probate judge	2932
or magistrate, may issue by telephone an ex parte emergency order	2933
authorizing any of the actions described in division (B) of this	2934
section if all of the following are the case:	2935

(1) The court receives notice from the county board of mental	2936
retardation and developmental disabilities, or an authorized	2937
employee of the board, that the board or employee believes an	2938
emergency order is needed as described in this section.	2939

(2) The adult who is the subject of the notice is eligible to	2940
receive services or support under section 5126.041 of the Revised	2941
Code.	2942

(3) There is reasonable cause to believe that the adult is	2943
incapacitated.	2944

(4) There is reasonable cause to believe that there is a	2945
substantial risk to the adult of immediate physical harm or death.	2946

(B) An order issued under this section may authorize the	2947
county board of mental retardation and developmental disabilities	2948
to do any of the following:	2949

(1) Provide, or arrange for the provision of, emergency	2950
protective services for the adult;	2951

(2) Remove the adult from the adult's place of residence or	2952
legal settlement;	2953

(3) Remove the adult from the place where the abuse, neglect,	2954
or exploitation occurred.	2955

(C) A court shall not issue an order under this section to	2956
remove an adult from a place described in division (B)(2) or (3)	2957
of this section until the court is satisfied that reasonable	2958
efforts have been made to notify the adult and any person with	2959
whom the adult resides of the proposed removal and the reasons for	2960
it, except that, the court may issue an order prior to giving the	2961
notice if one of the following is the case:	2962

(1) Notification could jeopardize the physical or emotional	2963
safety of the adult.	2964

(2) The notification could result in the adult being removed	2965
from the court's jurisdiction.	2966

(D) An order issued under this section shall be in effect for	2967
not longer than twenty-four hours, except that if the day	2968
following the day on which the order is issued is a weekend-day or	2969
legal holiday, the order shall remain in effect until the next	2970
business day.	2971

(E)(1) Except as provided in division (E)(2) of this section,	2972
not later than twenty-four hours after an order is issued under	2973
this section, the county board or employee that provided notice to	2974
the probate court shall file a complaint with the court in	2975
accordance with division (A) of section 5126.33 of the Revised	2976
Code.	2977

(2) If the day following the day on which the order was	2978
issued is a weekend-day or a holiday, the county board or employee	2979
shall file the complaint with the probate court on the next	2980
business day.	2981

(3) Except as provided in section 5126.332 of the Revised	2982
Code, proceedings on the complaint filed pursuant to this division	2983
shall be conducted in accordance with section 5126.33 of the	2984
Revised Code.	2985

Sec. 5126.332.  (A) If an order is issued pursuant to section	2986
5126.331 of the Revised Code, the court shall hold a hearing not	2987
later than twenty-four hours after the issuance to determine	2988
whether there is probable cause for the order, except that if the	2989
day following the day on which the order is issued is a	2990
weekend-day or legal holiday, the court shall hold the hearing on	2991
the next business day.	2992

(B) At the hearing, the court:

2993

(1) Shall consider the adult's choice of residence and	2994
determine whether protective services are the least restrictive	2995
alternative available for meeting the adult's needs;	2996

(2) May issue temporary orders to protect the adult from	2997
immediate physical harm, including, but not limited to, temporary	2998
protection orders, evaluations, and orders requiring a party to	2999
vacate the adult's place of residence or legal settlement;	3000

(3) May order emergency protective services.

3001

(C) A temporary order issued pursuant to division (B)(2) of	3002
this section is effective for thirty days. The court may renew the	3003
order for an additional thirty-day period.	3004

Sec. 5126.333. Any person who has reason to believe that	3005
there is a substantial risk to an adult with mental retardation or	3006
a developmental disability of immediate physical harm or death and	3007
that the responsible county board of mental retardation and	3008
developmental disabilities has failed to seek an order pursuant to	3009
section 5126.33 or 5126.331 of the Revised Code may notify the	3010
department of mental retardation and developmental disabilities.	3011
Within twenty-four hours of receipt of such notice, the department	3012
shall cause an investigation to be conducted regarding the notice.	3013
The department shall provide assistance to the county board to	3014
provide for the health and safety of the adult as permitted by	3015
law.	3016

Section 2. That existing sections 109.572, 313.12, 2108.50,	3017
2151.421, 2311.14, 2930.03, 5120.173, 5123.081, 5123.50, 5123.51,	3018
5123.61, 5123.99, 5126.28, 5126.30, and 5126.33 of the Revised	3019
Code are hereby repealed.	3020

Section 3. The Department of Mental Retardation and	3021
Developmental Disabilities shall adopt rules pursuant to Chapter	3022
119. of the Revised Code that provide standards for the	3023
substantiation by the Department and by county boards of mental	3024
retardation of reports of abuse or neglect filed under section	3025
5123.61 of the Revised Code.	3026

Section 4. Section 109.572 of the Revised Code is presented	3027
in this act as a composite of the section as amended by both Sub.	3028
H.B. 448 and Sub. H.B. 538 of the 123rd General Assembly. Section	3029
2151.421 of the Revised Code is presented in this act as a	3030
composite of the section as amended by Am. Sub. H.B. 374, Sub.	3031
H.B. 510, and Am. Sub. S.B. 221 all of the 124th General Assembly.	3032
Section 5126.28 of the Revised Code is presented in this act as a	3033
composite of the section as amended by both Sub. H.B. 538 and Sub.	3034
S.B. 171 of the 123rd General Assembly. The General Assembly,	3035
applying the principle stated in division (B) of section 1.52 of	3036
the Revised Code that amendments are to be harmonized if	3037
reasonably capable of simultaneous operation, finds that the	3038
composites are the resulting versions of the sections in effect	3039
prior to the effective date of the sections as presented in this	3040
act.	3041