SENATORS Spada, Amstutz, Goodman, Jacobson, Harris

To amend sections 313.12, 2108.50, 2151.421, 2311.14,

1

2903.16, 5123.51, 5123.61, 5123.99, 5126.30,

2

5126.31, and 5126.33 and to enact sections

3

2152.821, 2903.341, 2945.482, 2945.491, 5123.084,

4

5123.511, and 5126.282 of the Revised Code to

5

implement the recommendations of the MR/DD Victims

6

of Crime Task Force.

7

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

Section 1. That sections 313.12, 2108.50, 2151.421, 2311.14,	8
2903.16, 5123.51, 5123.61, 5123.99, 5126.30, 5126.31, and 5126.33	9
be amended and sections 2152.821, 2903.341, 2945.482, 2945.491,	10
5123.084, 5123.511, and 5126.282 of the Revised Code be enacted to	11
read as follows:	12

Sec. 313.12.  When any person dies as a result of criminal or	13
other violent means, by casualty, by suicide, or in any suspicious	14
or unusual manner, or when any person, including a child under two	15
years of age or a person with mental retardation or a	16
developmental disability, dies suddenly when in apparent good	17
health, the physician called in attendance, or any member of an	18
ambulance service, emergency squad, or law enforcement agency who	19
obtains knowledge thereof arising from histhe person's duties,	20
shall immediately notify the office of the coroner of the known	21
facts concerning the time, place, manner, and circumstances of the	22
death, and any other information whichthat is required pursuant	23
to sections 313.01 to 313.22 of the Revised Code. In such cases,	24
if a request is made for cremation, the funeral director called in	25
attendance shall immediately notify the coroner.	26

Sec. 2108.50.  (A) An autopsy or post-mortem examination may	27
be performed upon the body of a deceased person by a licensed	28
physician or surgeon if consent has been given in the order named	29
by one of the following persons of sound mind and eighteen years	30
of age or older in a written instrument executed by the person or	31
on the person's behalf at the person's express direction:	32

(1) The deceased person during the deceased person's	33
lifetime;	34

(2) The decedent's spouse;

35

(3) If there is no surviving spouse, if the address of the	36
surviving spouse is unknown or outside the United States, if the	37
surviving spouse is physically or mentally unable or incapable of	38
giving consent, or if the deceased person was separated and living	39
apart from such surviving spouse, then a person having the first	40
named degree of relationship in the following list in which a	41
relative of the deceased person survives and is physically and	42
mentally able and capable of giving consent may execute consent:	43

(a) Children;

44

(b) Parents;

45

(c) Brothers or sisters.

46

(4) If there are no surviving persons of any degree of	47
relationship listed in division (A)(3) of this section, any other	48
relative or person who assumes custody of the body for burial.;	49

(5) A person authorized by written instrument executed by the	50
deceased person to make arrangements for burial.;	51

(6) A person who, at the time of death of the deceased	52
person, was serving as guardian of the person for the deceased	53
person;	54

(7) If the decedent had mental retardation or a developmental	55
disability, the department of mental retardation and developmental	56
disabilities or the county board of mental retardation and	57
developmental disabilities.	58

(B) Consent to an autopsy or post-mortem examination may be	59
revoked only by the person executing the consent and in the same	60
manner as required for execution of consent under this section.	61

(C) As used in this section, "written instrument" includes a	62
telegram or cablegram.	63

Sec. 2151.421.  (A)(1)(a) No person described in division	64
(A)(1)(b) of this section who is acting in an official or	65
professional capacity and knows or suspects that a child under	66
eighteen years of age or a mentally retarded, developmentally	67
disabled, or physically impaired child under twenty-one years of	68
age has suffered or faces a threat of suffering any physical or	69
mental wound, injury, disability, or condition of a nature that	70
reasonably indicates abuse or neglect of the child, shall fail to	71
immediately report that knowledge or suspicion to the public	72
children services agency or a municipal or county peace officer in	73
the county in which the child resides or in which the abuse or	74
neglect is occurring or has occurred.	75

(b) Division (A)(1)(a) of this section applies to any person	76
who is an attorney; physician, including a hospital intern or	77
resident; dentist; podiatrist; chiropractor; practitioner of a	78
limited branch of medicine as specified in section 4731.15 of the	79
Revised Code; hospital administrator; employee of a hospital;	80
registered nurse; licensed practical nurse; visiting nurse; other	81
health care professional; an employee of an ambulatory health	82
facility as defined in section 5101.61 of the Revised Code; an	83
employee of a home health agency; an employee of an adult care	84
facility licensed under Chapter 3722. of the Revised Code; an	85
employee of a community mental health facility; a superintendent,	86
board member, or employee of a county board of mental retardation	87
and developmental disabilities; an administrator, board member, or	88
employee of a residential facility licensed under section 5123.19	89
of the Revised Code; an administrator, board member, or employee	90
of any other public or private provider of services to a person	91
with mental retardation or a developmental disability; any MR/DD	92
employee, as defined in section 5123.50 of the Revised Code; a	93
member of a citizen's advisory council established at an	94
institution or branch institution of the department of mental	95
retardation and developmental disabilities under section 5123.092	96
of the Revised Code; licensed psychologist; licensed school	97
psychologist; speech pathologist or audiologist; coroner;	98
administrator or employee of a child day-care center;	99
administrator or employee of a residential camp or child day camp;	100
administrator or employee of a certified child care agency or	101
other public or private children services agency; school teacher;	102
school employee; school authority; person engaged in social work	103
or the practice of professional counseling; a residents' rights	104
advocate as defined in section 3721.10 of the Revised Code; a	105
member of the clergy, rabbi, priest, or regularly ordained,	106
accredited, or licensed minister of an established and legally	107
cognizable church, denomination, or sect; peace officer, as	108
defined in section 2935.01 of the Revised Code; or a person	109
rendering spiritual treatment through prayer in accordance with	110
the tenets of a well-recognized religion.	111

(2) An attorney or a physician is not required to make a	112
report pursuant to division (A)(1) of this section concerning any	113
communication the attorney or physician receives from a client or	114
patient in an attorney-client or physician-patient relationship,	115
if, in accordance with division (A) or (B) of section 2317.02 of	116
the Revised Code, the attorney or physician could not testify with	117
respect to that communication in a civil or criminal proceeding,	118
except that the client or patient is deemed to have waived any	119
testimonial privilege under division (A) or (B) of section 2317.02	120
of the Revised Code with respect to that communication and the	121
attorney or physician shall make a report pursuant to division	122
(A)(1) of this section with respect to that communication, if all	123
of the following apply:	124

(a) The client or patient, at the time of the communication,	125
is either a child under eighteen years of age or a mentally	126
retarded, developmentally disabled, or physically impaired person	127
under twenty-one years of age.	128

(b) The attorney or physician knows or suspects, as a result	129
of the communication or any observations made during that	130
communication, that the client or patient has suffered or faces a	131
threat of suffering any physical or mental wound, injury,	132
disability, or condition of a nature that reasonably indicates	133
abuse or neglect of the client or patient.	134

(c) The attorney-client or physician-patient relationship	135
does not arise out of the client's or patient's attempt to have an	136
abortion without the notification of her parents, guardian, or	137
custodian in accordance with section 2151.85 of the Revised Code.	138

(B) Anyone, who knows or suspects that a child under eighteen	139
years of age or a mentally retarded, developmentally disabled, or	140
physically impaired person under twenty-one years of age has	141
suffered or faces a threat of suffering any physical or mental	142
wound, injury, disability, or other condition of a nature that	143
reasonably indicates abuse or neglect of the child, may report or	144
cause reports to be made of that knowledge or suspicion to the	145
public children services agency or to a municipal or county peace	146
officer.	147

(C) Any report made pursuant to division (A) or (B) of this	148
section shall be made forthwith either by telephone or in person	149
and shall be followed by a written report, if requested by the	150
receiving agency or officer. The written report shall contain:	151

(1) The names and addresses of the child and the child's	152
parents or the person or persons having custody of the child, if	153
known;	154

(2) The child's age and the nature and extent of the child's	155
known or suspected injuries, abuse, or neglect or of the known or	156
suspected threat of injury, abuse, or neglect, including any	157
evidence of previous injuries, abuse, or neglect;	158

(3) Any other information that might be helpful in	159
establishing the cause of the known or suspected injury, abuse, or	160
neglect or of the known or suspected threat of injury, abuse, or	161
neglect.	162

Any person, who is required by division (A) of this section	163
to report known or suspected child abuse or child neglect, may	164
take or cause to be taken color photographs of areas of trauma	165
visible on a child and, if medically indicated, cause to be	166
performed radiological examinations of the child.	167

(D)(1) Upon the receipt of a report concerning the possible	168
abuse or neglect of a child or the possible threat of abuse or	169
neglect of a child, the municipal or county peace officer who	170
receives the report shall refer the report to the appropriate	171
public children services agency.	172

(2) On receipt of a report pursuant to this division or	173
division (A) or (B) of this section, the public children services	174
agency shall comply with section 2151.422 of the Revised Code.	175

(E) No township, municipal, or county peace officer shall	176
remove a child about whom a report is made pursuant to this	177
section from the child's parents, stepparents, or guardian or any	178
other persons having custody of the child without consultation	179
with the public children services agency, unless, in the judgment	180
of the officer, and, if the report was made by physician, the	181
physician, immediate removal is considered essential to protect	182
the child from further abuse or neglect. The agency that must be	183
consulted shall be the agency conducting the investigation of the	184
report as determined pursuant to section 2151.422 of the Revised	185
Code.	186

(F)(1) Except as provided in section 2151.422 of the Revised	187
Code, the public children services agency shall investigate,	188
within twenty-four hours, each report of known or suspected child	189
abuse or child neglect and of a known or suspected threat of child	190
abuse or child neglect that is referred to it under this section	191
to determine the circumstances surrounding the injuries, abuse, or	192
neglect or the threat of injury, abuse, or neglect, the cause of	193
the injuries, abuse, neglect, or threat, and the person or persons	194
responsible. The investigation shall be made in cooperation with	195
the law enforcement agency and in accordance with the memorandum	196
of understanding prepared under division (J) of this section. A	197
failure to make the investigation in accordance with the	198
memorandum is not grounds for, and shall not result in, the	199
dismissal of any charges or complaint arising from the report or	200
the suppression of any evidence obtained as a result of the report	201
and does not give, and shall not be construed as giving, any	202
rights or any grounds for appeal or post-conviction relief to any	203
person. The public children services agency shall report each case	204
to a central registry which the department of job and family	205
services shall maintain in order to determine whether prior	206
reports have been made in other counties concerning the child or	207
other principals in the case. The public children services agency	208
shall submit a report of its investigation, in writing, to the law	209
enforcement agency.	210

(2) The public children services agency shall make any	211
recommendations to the county prosecuting attorney or city	212
director of law that it considers necessary to protect any	213
children that are brought to its attention.	214

(G)(1)(a) Except as provided in division (H)(3) of this	215
section, anyone or any hospital, institution, school, health	216
department, or agency participating in the making of reports under	217
division (A) of this section, anyone or any hospital, institution,	218
school, health department, or agency participating in good faith	219
in the making of reports under division (B) of this section, and	220
anyone participating in good faith in a judicial proceeding	221
resulting from the reports, shall be immune from any civil or	222
criminal liability for injury, death, or loss to person or	223
property that otherwise might be incurred or imposed as a result	224
of the making of the reports or the participation in the judicial	225
proceeding.	226

(b) Notwithstanding section 4731.22 of the Revised Code, the	227
physician-patient privilege shall not be a ground for excluding	228
evidence regarding a child's injuries, abuse, or neglect, or the	229
cause of the injuries, abuse, or neglect in any judicial	230
proceeding resulting from a report submitted pursuant to this	231
section.	232

(2) In any civil or criminal action or proceeding in which it	233
is alleged and proved that participation in the making of a report	234
under this section was not in good faith or participation in a	235
judicial proceeding resulting from a report made under this	236
section was not in good faith, the court shall award the	237
prevailing party reasonable attorney's fees and costs and, if a	238
civil action or proceeding is voluntarily dismissed, may award	239
reasonable attorney's fees and costs to the party against whom the	240
civil action or proceeding is brought.	241

(H)(1) Except as provided in divisions (H)(4), (M), and (N)	242
of this section, a report made under this section is confidential.	243
The information provided in a report made pursuant to this section	244
and the name of the person who made the report shall not be	245
released for use, and shall not be used, as evidence in any civil	246
action or proceeding brought against the person who made the	247
report. In a criminal proceeding, the report is admissible in	248
evidence in accordance with the Rules of Evidence and is subject	249
to discovery in accordance with the Rules of Criminal Procedure.	250

(2) No person shall permit or encourage the unauthorized	251
dissemination of the contents of any report made under this	252
section.	253

(3) A person who knowingly makes or causes another person to	254
make a false report under division (B) of this section that	255
alleges that any person has committed an act or omission that	256
resulted in a child being an abused child or a neglected child is	257
guilty of a violation of section 2921.14 of the Revised Code.	258

(4) If a report is made pursuant to division (A) or (B) of	259
this section and the child who is the subject of the report dies	260
for any reason at any time after the report is made, but before	261
the child attains eighteen years of age, the public children	262
services agency or municipal or county peace officer to which the	263
report was made or referred, on the request of the child fatality	264
review board, shall submit a summary sheet of information	265
providing a summary of the report to the review board of the	266
county in which the deceased child resided at the time of death.	267
On the request of the review board, the agency or peace officer	268
may, at its discretion, make the report available to the review	269
board.	270

(5) A public children services agency shall advise a person	271
alleged to have inflicted abuse or neglect on a child who is the	272
subject of a report made pursuant to this section in writing of	273
the disposition of the investigation. The agency shall not provide	274
to the person any information that identifies the person who made	275
the report, statements of witnesses, or police or other	276
investigative reports.	277

(I) Any report that is required by this section shall result	278
in protective services and emergency supportive services being	279
made available by the public children services agency on behalf of	280
the children about whom the report is made, in an effort to	281
prevent further neglect or abuse, to enhance their welfare, and,	282
whenever possible, to preserve the family unit intact. The agency	283
required to provide the services shall be the agency conducting	284
the investigation of the report pursuant to section 2151.422 of	285
the Revised Code.	286

(J)(1) Each public children services agency shall prepare a	287
memorandum of understanding that is signed by all of the	288
following:	289

(a) If there is only one juvenile judge in the county, the	290
juvenile judge of the county or the juvenile judge's	291
representative;	292

(b) If there is more than one juvenile judge in the county, a	293
juvenile judge or the juvenile judges' representative selected by	294
the juvenile judges or, if they are unable to do so for any	295
reason, the juvenile judge who is senior in point of service or	296
the senior juvenile judge's representative;	297

(c) The county peace officer;

298

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

299

(e) Other law enforcement officers handling child abuse and	300
neglect cases in the county;	301

(f) The prosecuting attorney of the county;

302

(g) If the public children services agency is not the county	303
department of job and family services, the county department of	304
job and family services.	305

(2) A memorandum of understanding shall set forth the normal	306
operating procedure to be employed by all concerned officials in	307
the execution of their respective responsibilities under this	308
section and division (C) of section 2919.21, division (B)(1) of	309
section 2919.22, division (B) of section 2919.23, and section	310
2919.24 of the Revised Code and shall have as two of its primary	311
goals the elimination of all unnecessary interviews of children	312
who are the subject of reports made pursuant to division (A) or	313
(B) of this section and, when feasible, providing for only one	314
interview of a child who is the subject of any report made	315
pursuant to division (A) or (B) of this section. A failure to	316
follow the procedure set forth in the memorandum by the concerned	317
officials is not grounds for, and shall not result in, the	318
dismissal of any charges or complaint arising from any reported	319
case of abuse or neglect or the suppression of any evidence	320
obtained as a result of any reported child abuse or child neglect	321
and does not give, and shall not be construed as giving, any	322
rights or any grounds for appeal or post-conviction relief to any	323
person.	324

(3) A memorandum of understanding shall include all of the	325
following:	326

(a) The roles and responsibilities for handling emergency and	327
nonemergency cases of abuse and neglect;	328

(b) Standards and procedures to be used in handling and	329
coordinating investigations of reported cases of child abuse and	330
reported cases of child neglect, methods to be used in	331
interviewing the child who is the subject of the report and who	332
allegedly was abused or neglected, and standards and procedures	333
addressing the categories of persons who may interview the child	334
who is the subject of the report and who allegedly was abused or	335
neglected.	336

(K)(1) Except as provided in division (K)(4) of this section,	337
a person who is required to make a report pursuant to division (A)	338
of this section may make a reasonable number of requests of the	339
public children services agency that receives or is referred the	340
report to be provided with the following information:	341

(a) Whether the agency has initiated an investigation of the	342
report;	343

(b) Whether the agency is continuing to investigate the	344
report;	345

(c) Whether the agency is otherwise involved with the child	346
who is the subject of the report;	347

(d) The general status of the health and safety of the child	348
who is the subject of the report;	349

(e) Whether the report has resulted in the filing of a	350
complaint in juvenile court or of criminal charges in another	351
court.	352

(2) A person may request the information specified in	353
division (K)(1) of this section only if, at the time the report is	354
made, the person's name, address, and telephone number are	355
provided to the person who receives the report.	356

When a municipal or county peace officer or employee of a	357
public children services agency receives a report pursuant to	358
division (A) or (B) of this section the recipient of the report	359
shall inform the person of the right to request the information	360
described in division (K)(1) of this section. The recipient of the	361
report shall include in the initial child abuse or child neglect	362
report that the person making the report was so informed and, if	363
provided at the time of the making of the report, shall include	364
the person's name, address, and telephone number in the report.	365

Each request is subject to verification of the identity of	366
the person making the report. If that person's identity is	367
verified, the agency shall provide the person with the information	368
described in division (K)(1) of this section a reasonable number	369
of times, except that the agency shall not disclose any	370
confidential information regarding the child who is the subject of	371
the report other than the information described in those	372
divisions.	373

(3) A request made pursuant to division (K)(1) of this	374
section is not a substitute for any report required to be made	375
pursuant to division (A) of this section.	376

(4) If an agency other than the agency that received or was	377
referred the report is conducting the investigation of the report	378
pursuant to section 2151.422 of the Revised Code, the agency	379
conducting the investigation shall comply with the requirements of	380
division (K) of this section.	381

(L) The director of job and family services shall adopt rules	382
in accordance with Chapter 119. of the Revised Code to implement	383
this section. The department of job and family services may enter	384
into a plan of cooperation with any other governmental entity to	385
aid in ensuring that children are protected from abuse and	386
neglect. The department shall make recommendations to the attorney	387
general that the department determines are necessary to protect	388
children from child abuse and child neglect.	389

(M) No later than the end of the day following the day on	390
which a public children services agency receives a report of	391
alleged child abuse or child neglect, or a report of an alleged	392
threat of child abuse or child neglect, that allegedly occurred in	393
or involved an out-of-home care entity, the agency shall provide	394
written notice of the allegations contained in and the person	395
named as the alleged perpetrator in the report to the	396
administrator, director, or other chief administrative officer of	397
the out-of-home care entity that is the subject of the report	398
unless the administrator, director, or other chief administrative	399
officer is named as an alleged perpetrator in the report. If the	400
administrator, director, or other chief administrative officer of	401
an out-of-home care entity is named as an alleged perpetrator in a	402
report of alleged child abuse or child neglect, or a report of an	403
alleged threat of child abuse or child neglect, that allegedly	404
occurred in or involved the out-of-home care entity, the agency	405
shall provide the written notice to the owner or governing board	406
of the out-of-home care entity that is the subject of the report.	407
The agency shall not provide witness statements or police or other	408
investigative reports.	409

(N) No later than three days after the day on which a public	410
children services agency that conducted the investigation as	411
determined pursuant to section 2151.422 of the Revised Code makes	412
a disposition of an investigation involving a report of alleged	413
child abuse or child neglect, or a report of an alleged threat of	414
child abuse or child neglect, that allegedly occurred in or	415
involved an out-of-home care entity, the agency shall send written	416
notice of the disposition of the investigation to the	417
administrator, director, or other chief administrative officer and	418
the owner or governing board of the out-of-home care entity. The	419
agency shall not provide witness statements or police or other	420
investigative reports.	421

Sec. 2152.821. (A)(1) As used in this section, "functionally	422
impaired person" means any person who has a physical or mental	423
impairment that prevents the person from providing for the	424
person's own care or protection or whose infirmities caused by	425
aging prevent the person from providing for the person's own care	426
or protection.	427

(2) As used in this section, "victim" includes any of the	428
following persons:	429

(a) A functionally impaired person who was a victim of a	430
violation identified in division (B)(1) of this section or an act	431
that would be an offense of violence if committed by an adult;	432

(b) A functionally impaired person against whom was directed	433
any conduct that constitutes, or that is an element of, a	434
violation identified in division (B)(1) of this section or an act	435
that would be an offense of violence if committed by an adult.	436

(B)(1) In any proceeding in juvenile court involving a	437
complaint, indictment, or information in which a child is charged	438
with a violation of section 2903.16, 2903.34, 2903.341, 2907.02,	439
2907.03, 2907.05, 2907.21, 2907.23, 2907.24, 2907.32, 2907.321,	440
2907.322, or 2907.323 of the Revised Code or an act that would be	441
an offense of violence if committed by an adult and in which an	442
alleged victim of the violation or act was a functionally impaired	443
person, the juvenile judge, upon motion of the prosecution, shall	444
order that the testimony of the functionally impaired victim be	445
taken by deposition. The prosecution also may request that the	446
deposition be videotaped in accordance with division (B)(2) of	447
this section. The judge shall notify the functionally impaired	448
victim whose deposition is to be taken, the prosecution, and the	449
attorney for the child who is charged with the violation or act of	450
the date, time, and place for taking the deposition. The notice	451
shall identify the functionally impaired victim who is to be	452
examined and shall indicate whether a request that the deposition	453
be videotaped has been made. The child who is charged with the	454
violation or act shall have the right to attend the deposition and	455
the right to be represented by counsel. Depositions shall be taken	456
in the manner provided in civil cases, except that the judge in	457
the proceeding shall preside at the taking of the deposition and	458
shall rule at that time on any objections of the prosecution or	459
the attorney for the child charged with the violation or act. The	460
prosecution and the attorney for the child charged with the	461
violation or act shall have the right, as at an adjudication	462
hearing, to full examination and cross-examination of the	463
functionally impaired victim whose deposition is to be taken.	464

If a deposition taken under this division is intended to be	465
offered as evidence in the proceeding, it shall be filed in the	466
juvenile court in which the action is pending and is admissible in	467
the manner described in division (C) of this section. If a	468
deposition of a functionally impaired victim taken under this	469
division is admitted as evidence at the proceeding under division	470
(C) of this section, the functionally impaired victim shall not be	471
required to testify in person at the proceeding.	472

At any time before the conclusion of the proceeding, the	473
attorney for the child charged with the violation or act may file	474
a motion with the judge requesting that another deposition of the	475
functionally impaired victim be taken because new evidence	476
material to the defense of the child charged has been discovered	477
that the attorney for the child charged could not with reasonable	478
diligence have discovered prior to the taking of the admitted	479
deposition. Any motion requesting another deposition shall be	480
accompanied by supporting affidavits. Upon the filing of the	481
motion and affidavits, the court may order that additional	482
testimony of the functionally impaired victim relative to the new	483
evidence be taken by another deposition. If the court orders the	484
taking of another deposition under this provision, the deposition	485
shall be taken in accordance with this division. If the admitted	486
deposition was a videotaped deposition taken in accordance with	487
division (B)(2) of this section, the new deposition also shall be	488
videotaped in accordance with that division. In other cases, the	489
new deposition may be videotaped in accordance with that division.	490

(2) If the prosecution requests that a deposition to be taken	491
under division (B)(1) of this section be videotaped, the juvenile	492
judge shall order that the deposition be videotaped in accordance	493
with this division. If a juvenile judge issues an order to video	494
tape the deposition, the judge shall exclude from the room in	495
which the deposition is to be taken every person except the	496
functionally impaired victim giving the testimony, the judge, one	497
or more interpreters if needed, the attorneys for the prosecution	498
and the child who is charged with the violation or act, any person	499
needed to operate the equipment to be used, one person chosen by	500
the functionally impaired victim giving the deposition, and any	501
person whose presence the judge determines would contribute to the	502
welfare and well-being of the functionally impaired victim giving	503
the deposition. The person chosen by the functionally impaired	504
victim shall not be a witness in the proceeding and, both before	505
and during the deposition, shall not discuss the testimony of the	506
victim with any other witness in the proceeding. To the extent	507
feasible, any person operating the recording equipment shall be	508
restricted to a room adjacent to the room in which the deposition	509
is being taken, or to a location in the room in which the	510
deposition is being taken that is behind a screen or mirror so	511
that the person operating the recording equipment can see and	512
hear, but cannot be seen or heard by, the functionally impaired	513
victim giving the deposition during the deposition.	514

The child who is charged with the violation or act shall be	515
permitted to observe and hear the testimony of the functionally	516
impaired victim giving the deposition on a monitor, shall be	517
provided with an electronic means of immediate communication with	518
the attorney of the child who is charged with the violation or act	519
during the testimony, and shall be restricted to a location from	520
which the child who is charged with the violation or act cannot be	521
seen or heard by the functionally impaired victim giving the	522
deposition, except on a monitor provided for that purpose. The	523
functionally impaired victim giving the deposition shall be	524
provided with a monitor on which the functionally impaired victim	525
can observe, while giving testimony, the child who is charged with	526
the violation or act. The judge, at the judge's discretion, may	527
preside at the deposition by electronic means from outside the	528
room in which the deposition is to be taken; if the judge presides	529
by electronic means, the judge shall be provided with monitors on	530
which the judge can see each person in the room in which the	531
deposition is to be taken and with an electronic means of	532
communication with each person in that room, and each person in	533
the room shall be provided with a monitor on which that person can	534
see the judge and with an electronic means of communication with	535
the judge. A deposition that is videotaped under this division	536
shall be taken and filed in the manner described in division	537
(B)(1) of this section and is admissible in the manner described	538
in this division and division (C) of this section. If a deposition	539
that is videotaped under this division is admitted as evidence at	540
the proceeding, the functionally impaired victim shall not be	541
required to testify in person at the proceeding. No deposition	542
videotaped under this division shall be admitted as evidence at	543
any proceeding unless division (C) of this section is satisfied	544
relative to the deposition and all of the following apply relative	545
to the recording:	546

(a) The recording is both aural and visual and is recorded on	547
film or videotape, or by other electronic means.	548

(b) The recording is authenticated under the Rules of	549
Evidence and the Rules of Criminal Procedure as a fair and	550
accurate representation of what occurred, and the recording is not	551
altered other than at the direction and under the supervision of	552
the judge in the proceeding.	553

(c) Each voice on the recording that is material to the	554
testimony on the recording or the making of the recording, as	555
determined by the judge, is identified.	556

(d) Both the prosecution and the child who is charged with	557
the violation or act are afforded an opportunity to view the	558
recording before it is shown in the proceeding.	559

(C)(1) At any proceeding in relation to which a deposition	560
was taken under division (B) of this section, the deposition or a	561
part of it is admissible in evidence upon motion of the	562
prosecution if the testimony in the deposition or the part to be	563
admitted is not excluded by the hearsay rule and if the deposition	564
or the part to be admitted otherwise is admissible under the Rules	565
of Evidence. For purposes of this division, testimony is not	566
excluded by the hearsay rule if the testimony is not hearsay under	567
Evidence Rule 801; the testimony is within an exception to the	568
hearsay rule set forth in Evidence Rule 803; the functionally	569
impaired victim who gave the testimony is unavailable as a	570
witness, as defined in Evidence Rule 804, and the testimony is	571
admissible under that rule; or both of the following apply:	572

(a) The child who is charged with the violation or act had an	573
opportunity and similar motive at the time of the taking of the	574
deposition to develop the testimony by direct, cross, or redirect	575
examination.	576

(b) The judge determines that there is reasonable cause to	577
believe that, if the functionally impaired victim who gave the	578
testimony in the deposition were to testify in person at the	579
proceeding, the functionally impaired victim would experience	580
serious emotional trauma as a result of the functionally impaired	581
victim's participation at the proceeding.	582

(2) Objections to receiving in evidence a deposition or a	583
part of it under division (C) of this section shall be made as	584
provided in civil actions.	585

(3) The provisions of divisions (B) and (C) of this section	586
are in addition to any other provisions of the Revised Code, the	587
Rules of Juvenile Procedure, the Rules of Criminal Procedure, or	588
the Rules of Evidence that pertain to the taking or admission of	589
depositions in a juvenile court proceeding and do not limit the	590
admissibility under any of those other provisions of any	591
deposition taken under division (A) of this section or otherwise	592
taken.	593

(D) In any proceeding in juvenile court involving a	594
complaint, indictment, or information in which a child is charged	595
with a violation listed in division (B)(1) of this section or an	596
act that would be an offense of violence if committed by an adult	597
and in which an alleged victim of the violation or offense was a	598
functionally impaired person, the prosecution may file a motion	599
with the juvenile judge requesting the judge to order the	600
testimony of the functionally impaired victim to be taken in a	601
room other than the room in which the proceeding is being	602
conducted and be televised, by closed circuit equipment, into the	603
room in which the proceeding is being conducted to be viewed by	604
the child who is charged with the violation or act and any other	605
persons who are not permitted in the room in which the testimony	606
is to be taken but who would have been present during the	607
testimony of the functionally impaired victim had it been given in	608
the room in which the proceeding is being conducted. Except for	609
good cause shown, the prosecution shall file a motion under this	610
division at least seven days before the date of the proceeding.	611
The juvenile judge may issue the order upon the motion of the	612
prosecution filed under this division, if the judge determines	613
that the functionally impaired victim is unavailable to testify in	614
the room in which the proceeding is being conducted in the	615
physical presence of the child charged with the violation or act	616
for one or more of the reasons set forth in division (F) of this	617
section. If a juvenile judge issues an order of that nature, the	618
judge shall exclude from the room in which the testimony is to be	619
taken every person except a person described in division (B)(2) of	620
this section. The judge, at the judge's discretion, may preside	621
during the giving of the testimony by electronic means from	622
outside the room in which it is being given, subject to the	623
limitations set forth in division (B)(2) of this section. To the	624
extent feasible, any person operating the televising equipment	625
shall be hidden from the sight and hearing of the functionally	626
impaired victim giving the testimony, in a manner similar to that	627
described in division (B)(2) of this section. The child who is	628
charged with the violation or act shall be permitted to observe	629
and hear the testimony of the functionally impaired victim giving	630
the testimony on a monitor, shall be provided with an electronic	631
means of immediate communication with the attorney of the child	632
who is charged with the violation or act during the testimony, and	633
shall be restricted to a location from which the child who is	634
charged with the violation or act cannot be seen or heard by the	635
functionally impaired victim giving the testimony, except on a	636
monitor provided for that purpose. The functionally impaired	637
victim giving the testimony shall be provided with a monitor on	638
which the functionally impaired victim can observe, while giving	639
testimony, the child who is charged with the violation or act.	640

(E) In any proceeding in juvenile court involving a	641
complaint, indictment, or information in which a child is charged	642
with a violation listed in division (B)(1) of this section or an	643
act that would be an offense of violence if committed by an adult	644
and in which an alleged victim of the violation or offense was a	645
functionally impaired person, the prosecution may file a motion	646
with the juvenile judge requesting the judge to order the	647
testimony of the functionally impaired victim to be taken outside	648
of the room in which the proceeding is being conducted and be	649
recorded for showing in the room in which the proceeding is being	650
conducted before the judge, the child who is charged with the	651
violation or act, and any other persons who would have been	652
present during the testimony of the child victim had it been given	653
in the room in which the proceeding is being conducted. Except for	654
good cause shown, the prosecution shall file a motion under this	655
division at least seven days before the date of the proceeding.	656
The juvenile judge may issue the order upon the motion of the	657
prosecution filed under this division, if the judge determines	658
that the functionally impaired victim is unavailable to testify in	659
the room in which the proceeding is being conducted in the	660
physical presence of the child charged with the violation or act,	661
due to one or more of the reasons set forth in division (F) of	662
this section. If a juvenile judge issues an order of that nature,	663
the judge shall exclude from the room in which the testimony is to	664
be taken every person except a person described in division (B)(2)	665
of this section. To the extent feasible, any person operating the	666
recording equipment shall be hidden from the sight and hearing of	667
the functionally impaired victim giving the testimony, in a manner	668
similar to that described in division (B)(2) of this section. The	669
child who is charged with the violation or act shall be permitted	670
to observe and hear the testimony of the functionally impaired	671
victim giving the testimony on a monitor, shall be provided with	672
an electronic means of immediate communication with the attorney	673
of the child who is charged with the violation or act during the	674
testimony, and shall be restricted to a location from which the	675
child who is charged with the violation or act cannot be seen or	676
heard by the functionally impaired victim giving the testimony,	677
except on a monitor provided for that purpose. The functionally	678
impaired victim giving the testimony shall be provided with a	679
monitor on which the functionally impaired victim can observe,	680
while giving testimony, the child who is charged with the	681
violation or act. No order for the taking of testimony by	682
recording shall be issued under this division unless the	683
provisions set forth in divisions (B)(2)(a), (b), (c), and (d) of	684
this section apply to the recording of the testimony.	685

(F) For purposes of divisions (D) and (E) of this section, a	686
juvenile judge may order the testimony of a functionally impaired	687
victim to be taken outside of the room in which a proceeding is	688
being conducted if the judge determines that the functionally	689
impaired victim is unavailable to testify in the room in the	690
physical presence of the child charged with the violation or act	691
due to one or more of the following circumstances:	692

(1) The persistent refusal of the functionally impaired	693
victim to testify despite judicial requests to do so;	694

(2) The inability of the functionally impaired victim to	695
communicate about the alleged violation or offense because of	696
extreme fear, failure of memory, or another similar reason;	697

(3) The substantial likelihood that the functionally impaired	698
victim will suffer serious emotional trauma from so testifying.	699

(G)(1) If a juvenile judge issues an order pursuant to	700
division (D) or (E) of this section that requires the testimony of	701
a functionally impaired victim in a juvenile court proceeding to	702
be taken outside of the room in which the proceeding is being	703
conducted, the order shall specifically identify the functionally	704
impaired victim to whose testimony it applies, the order applies	705
only during the testimony of the specified functionally impaired	706
victim, and the functionally impaired victim giving the testimony	707
shall not be required to testify at the proceeding other than in	708
accordance with the order. The authority of a judge to close the	709
taking of a deposition under division (B)(2) of this section or a	710
proceeding under division (D) or (E) of this section is in	711
addition to the authority of a judge to close a hearing pursuant	712
to section 2151.35 of the Revised Code.	713

(2) A juvenile judge who makes any determination regarding	714
the admissibility of a deposition under divisions (B) and (C) of	715
this section, the videotaping of a deposition under division	716
(B)(2) of this section, or the taking of testimony outside of the	717
room in which a proceeding is being conducted under division (D)	718
or (E) of this section shall enter the determination and findings	719
on the record in the proceeding.	720

Sec. 2311.14.  (A)(1) Whenever because of a hearing, speech,	721
or other impairment a party to or witness in a legal proceeding	722
cannot readily understand or communicate, the court shall appoint	723
a qualified interpreter to assist such person.	724

(2) This section is not limited to a person who speaks a	725
language other than English. It also applies to the language and	726
descriptions of any person, such as a person with mental	727
retardation or a developmental disability, who cannot be	728
reasonably understood, or who cannot understand questioning,	729
without the aid of an interpreter. The interpreter may aid the	730
parties in formulating methods of questioning the person with	731
mental retardation or a developmental disability and in	732
interpreting the answers of the person.	733

(B) Before entering upon hisofficial duties, the interpreter	734
shall take an oath that hethe interpreter will make a true	735
interpretation of the proceedings to the party or witness, and	736
that hethe interpreter will truly repeat the statements made by	737
such party or witness to the court, to the best of histhe	738
interpreter's ability.	739

(C) The court shall determine a reasonable fee for all such	740
interpreter service which shall be paid out of the same funds as	741
witness fees.	742

Sec. 2903.16.  (A) No caretaker shall knowingly fail to	743
provide a functionally impaired person under the caretaker's care	744
with any treatment, care, goods, or service that is necessary to	745
maintain the health or safety of the functionally impaired person	746
when this failure results in physical harm or serious physical	747
harm to the functionally impaired person.	748

(B) No caretaker shall recklessly fail to provide a	749
functionally impaired person under the caretaker's care with any	750
treatment, care, goods, or service that is necessary to maintain	751
the health or safety of the functionally impaired person when this	752
failure results in serious physical harm to the functionally	753
impaired person.	754

(C) No caretaker shall create a substantial risk to the	755
health or safety of a functionally impaired person under the	756
caretaker's care.	757

(D)(1) Whoever violates division (A) of this section is	758
guilty of knowingly failing to provide for a functionally impaired	759
person, a misdemeanor of the first degree. If the functionally	760
impaired person under the offender's care suffers serious physical	761
harm as a result of the violation of this section, a violation of	762
division (A) of this section is a felony of the fourth degree.	763

(2) Whoever violates division (B) of this section is guilty	764
of recklessly failing to provide for a functionally impaired	765
person, a misdemeanor of the second degree. If the functionally	766
impaired person under the offender's care suffers serious physical	767
harm as a result of the violation of this section, a violation of	768
division (B) of this section is a felony of the fourth degree.	769

(3) Whoever violates division (C) of this section is guilty	770
of endangering a functionally impaired person, a misdemeanor of	771
the first degree. The offender shall be eligible to be included in	772
the MR/DD employee registry established under section 5123.52 of	773
the Revised Code.	774

Sec. 2903.341. (A) No person who owns, operates, or	775
administers, or who is an agent or employee of, a care facility	776
shall create a substantial risk to the health or safety of a	777
functionally impaired person under the person's care.	778

(B)(1) A person who relies upon treatment by spiritual means	779
through prayer alone, in accordance with the tenets of a	780
recognized religious denomination, shall not be considered	781
endangered under division (A) of this section for that reason	782
alone.	783

(2) It is an affirmative defense to a charge of patient	784
endangerment under this section that the actor's conduct was	785
committed in good faith solely because the actor was ordered to	786
commit the conduct by a person with supervisory authority over the	787
actor.	788

(C) Whoever violates division (A) of this section is guilty	789
of patient endangerment, a misdemeanor of the first degree. If the	790
offender previously has been convicted of, or pleaded guilty to, a	791
violation of this section, patient endangerment is a felony of the	792
fifth degree.	793

Sec. 2945.482. (A)(1) As used in this section, "functionally	794
impaired person" means any person who has a physical or mental	795
impairment that prevents the person from providing for the	796
person's own care or protection or whose infirmities caused by	797
aging prevent the person from providing for the person's own care	798
or protection.	799

(2) As used in this section, "victim" includes a functionally	800
impaired person who was a victim of a violation identified in	801
division (B)(1) of this section or an offense of violence or	802
against whom was directed any conduct that constitutes, or that is	803
an element of, a violation identified in division (B)(1) of this	804
section or an offense of violence.	805

(B)(1) In any proceeding in the prosecution of a charge of a	806
violation of section 2903.16, 2903.34, 2903.341, 2905.03, 2907.02,	807
2907.03, 2907.05, 2907.06, 2907.09, 2907.21, 2907.23, 2907.24,	808
2907.32, 2907.321, 2907.322, or 2907.323 of the Revised Code or an	809
offense of violence and in which an alleged victim of the	810
violation or offense was a functionally impaired person, the judge	811
of the court in which the prosecution is being conducted, upon	812
motion of an attorney for the prosecution, shall order that the	813
testimony of the functionally impaired person be taken by	814
deposition. The prosecution also may request that the deposition	815
be videotaped in accordance with division (B)(2) of this section.	816
The judge shall notify the functionally impaired victim whose	817
deposition is to be taken, the prosecution, and the defense of the	818
date, time, and place for taking the deposition. The notice shall	819
identify the functionally impaired victim who is to be examined	820
and shall indicate whether a request that the deposition be	821
videotaped has been made. The defendant shall have the right to	822
attend the deposition and the right to be represented by counsel.	823
Depositions shall be taken in the manner provided in civil cases,	824
except that the judge shall preside at the taking of the	825
deposition and shall rule at the time on any objections of the	826
prosecution or the attorney for the defense. The prosecution and	827
the attorney for the defense shall have the right, as at trial, to	828
full examination and cross-examination of the child victim whose	829
deposition is to be taken. If a deposition taken under this	830
division is intended to be offered as evidence in the proceeding,	831
it shall be filed in the court in which the action is pending and	832
is admissible in the manner described in division (C) of this	833
section.	834

If a deposition of a functionally impaired victim taken under	835
this division is admitted as evidence at the proceeding under	836
division (C) of this section, the functionally impaired victim	837
shall not be required to testify in person at the proceeding.	838

At any time before the conclusion of the proceeding, the	839
attorney for the defense may file a motion with the judge	840
requesting that another deposition of the functionally impaired	841
victim be taken because new evidence material to the defense has	842
been discovered that the attorney for the defense could not with	843
reasonable diligence have discovered prior to the taking of the	844
admitted deposition. If the court orders the taking of another	845
deposition under this provision, the deposition shall be taken in	846
accordance with this division. If the admitted deposition was a	847
videotaped deposition taken in accordance with division (B)(2) of	848
this section, the new deposition shall be videotaped in accordance	849
with that division. In other cases, the new deposition may be	850
videotaped in accordance with that division.	851

(2) If the prosecution requests that a deposition to be taken	852
under division (A)(2) of this section be videotaped, the judge	853
shall order that the deposition be videotaped in accordance with	854
this division. If a judge issues an order that the deposition be	855
videotaped, the judge shall exclude from the room in which the	856
deposition is to be taken every person except the functionally	857
impaired victim giving the testimony, the judge, one or more	858
interpreters if needed, the attorneys for the prosecution and the	859
defense, any person needed to operate the equipment to be used,	860
one person chosen by the functionally impaired victim giving the	861
deposition, and any person whose presence the judge determines	862
would contribute to the welfare and well-being of the functionally	863
impaired victim giving the deposition. The person chosen by the	864
functionally impaired victim shall not be a witness in the	865
proceeding and, both before and during the deposition, shall not	866
discuss the testimony of the functionally impaired victim with any	867
other witness in the proceeding. To the extent feasible, any	868
person operating the recording equipment shall be restricted to a	869
room adjacent to the room in which the deposition is being taken,	870
or to a location in the room in which the deposition is being	871
taken that is behind a screen or mirror, so that the person	872
operating the recording equipment can see and hear, but cannot be	873
seen or heard by, the functionally impaired victim giving the	874
deposition during the deposition.	875

The defendant shall be permitted to observe and hear the	876
testimony of the functionally impaired victim giving the	877
deposition on a monitor, shall be provided with an electronic	878
means of immediate communication with the defendant's attorney	879
during the testimony, and shall be restricted to a location from	880
which the defendant cannot be seen or heard by the functionally	881
impaired victim giving the deposition, except on a monitor	882
provided for that purpose. The functionally impaired victim giving	883
the deposition shall be provided with a monitor on which the	884
victim can observe, during the testimony, the defendant. The	885
judge, at the judge's discretion, may preside at the deposition by	886
electronic means from outside the room in which the deposition is	887
to be taken. If the judge presides by electronic means, the judge	888
shall be provided with monitors on which the judge can see each	889
person in the room in which the deposition is to be taken and with	890
an electronic means of communication with each person, and each	891
person in the room shall be provided with a monitor on which that	892
person can see the judge and with an electronic means of	893
communication with the judge. A deposition that is videotaped	894
under this division shall be taken and filed in the manner	895
described in division (B)(1) of this section and is admissible in	896
the manner described in this division and division (C) of this	897
section, and, if a deposition that is videotaped under this	898
division is admitted as evidence at the proceeding, the	899
functionally impaired victim shall not be required to testify in	900
person at the proceeding. No deposition videotaped under this	901
division shall be admitted as evidence at any proceeding unless	902
division (C) of this section is satisfied relative to the	903
deposition and all of the following apply relative to the	904
recording:	905

(a) The recording is both aural and visual and is recorded on	906
film or videotape, or by other electronic means.	907

(b) The recording is authenticated under the Rules of	908
Evidence and the Rules of Criminal Procedure as a fair and	909
accurate representation of what occurred, and the recording is not	910
altered other than at the direction and under the supervision of	911
the judge in the proceeding.	912

(c) Each voice on the recording that is material to the	913
testimony on the recording or the making of the recording, as	914
determined by the judge, is identified.	915

(d) Both the prosecution and the defendant are afforded an	916
opportunity to view the recording before it is shown in the	917
proceeding.	918

(C)(1) At any proceeding in a prosecution in relation to	919
which a deposition was taken under division (B) of this section,	920
the deposition or a part of it is admissible in evidence upon	921
motion of the prosecution if the testimony in the deposition or	922
the part to be admitted is not excluded by the hearsay rule and if	923
the deposition or the part to be admitted otherwise is admissible	924
under the Rules of Evidence. For purposes of this division,	925
testimony is not excluded by the hearsay rule if the testimony is	926
not hearsay under Evidence Rule 801; the testimony is within an	927
exception to the hearsay rule set forth in Evidence Rule 803; the	928
functionally impaired victim who gave the testimony is unavailable	929
as a witness, as defined in Evidence Rule 804, and the testimony	930
is admissible under that rule; or both of the following apply:	931

(a) The defendant had an opportunity and similar motive at	932
the time of the taking of the deposition to develop the testimony	933
by direct, cross, or redirect examination.	934

(b) The judge determines that there is reasonable cause to	935
believe that, if the functionally impaired victim who gave the	936
testimony in the deposition were to testify in person at the	937
proceeding, the functionally impaired victim would experience	938
serious emotional trauma as a result of the functionally impaired	939
victim's participation at the proceeding.	940

(2) Objections to receiving in evidence a deposition or a	941
part of it under division (C) of this section shall be made as	942
provided in civil actions.	943

(3) The provisions of divisions (B) and (C) of this section	944
are in addition to any other provisions of the Revised Code, the	945
Rules of Criminal Procedure, or the Rules of Evidence that pertain	946
to the taking or admission of depositions in a criminal proceeding	947
and do not limit the admissibility under any of those other	948
provisions of any deposition taken under division (B) of this	949
section or otherwise taken.	950

(D) In any proceeding in the prosecution of any charge of a	951
violation listed in division (B)(1) of this section or an offense	952
of violence and in which an alleged victim of the violation or	953
offense was a functionally impaired person, the prosecution may	954
file a motion with the judge requesting the judge to order the	955
testimony of the functionally impaired victim to be taken in a	956
room other than the room in which the proceeding is being	957
conducted and be televised, by closed circuit equipment, into the	958
room in which the proceeding is being conducted to be viewed by	959
the jury, if applicable, the defendant, and any other persons who	960
are not permitted in the room in which the testimony is to be	961
taken but who would have been present during the testimony of the	962
functionally impaired victim had it been given in the room in	963
which the proceeding is being conducted. Except for good cause	964
shown, the prosecution shall file a motion under this division at	965
least seven days before the date of the proceeding. The judge may	966
issue the order upon the motion of the prosecution filed under	967
this section, if the judge determines that the functionally	968
impaired victim is unavailable to testify in the room in which the	969
proceeding is being conducted in the physical presence of the	970
defendant for one or more of the reasons set forth in division (F)	971
of this section. If a judge issues an order of that nature, the	972
judge shall exclude from the room in which the testimony is to be	973
taken every person except a person described in division (B)(2) of	974
this section. The judge, at the judge's discretion, may preside	975
during the giving of the testimony by electronic means from	976
outside the room in which it is being given, subject to the	977
limitations set forth in division (B)(2) of this section. To the	978
extent feasible, any person operating the televising equipment	979
shall be hidden from the sight and hearing of the functionally	980
impaired victim giving the testimony, in a manner similar to that	981
described in division (B)(2) of this section. The defendant shall	982
be permitted to observe and hear the testimony of the functionally	983
impaired victim giving the testimony on a monitor, shall be	984
provided with an electronic means of immediate communication with	985
the defendant's attorney during the testimony, and shall be	986
restricted to a location from which the defendant cannot be seen	987
or heard by the functionally impaired victim giving the testimony,	988
except on a monitor provided for that purpose. The functionally	989
impaired victim giving the testimony shall be provided with a	990
monitor on which the functionally impaired victim can observe,	991
during the testimony, the defendant.	992

(E) In any proceeding in the prosecution of any charge of a	993
violation listed in division (B)(1) of this section or an offense	994
of violence and in which an alleged victim of the violation or	995
offense was a functionally impaired victim, the prosecution may	996
file a motion with the judge requesting the judge to order the	997
testimony of the functionally impaired victim to be taken outside	998
of the room in which the proceeding is being conducted and be	999
recorded for showing in the room in which the proceeding is being	1000
conducted before the judge, the jury, if applicable, the	1001
defendant, and any other persons who would have been present	1002
during the testimony of the functionally impaired victim had it	1003
been given in the room in which the proceeding is being conducted.	1004
Except for good cause shown, the prosecution shall file a motion	1005
under this division at least seven days before the date of the	1006
proceeding. The judge may issue the order upon the motion of the	1007
prosecution filed under this division, if the judge determines	1008
that the functionally impaired victim is unavailable to testify in	1009
the room in which the proceeding is being conducted in the	1010
physical presence of the defendant, for one or more of the reasons	1011
set forth in division (F) of this section. If a judge issues an	1012
order of that nature, the judge shall exclude from the room in	1013
which the testimony is to be taken every person except a person	1014
described in division (B)(2) of this section. To the extent	1015
feasible, any person operating the recording equipment shall be	1016
hidden from the sight and hearing of the functionally impaired	1017
victim giving the testimony, in a manner similar to that described	1018
in division (B)(2) of this section. The defendant shall be	1019
permitted to observe and hear the testimony of the functionally	1020
impaired victim who is giving the testimony on a monitor, shall be	1021
provided with an electronic means of immediate communication with	1022
the defendant's attorney during the testimony, and shall be	1023
restricted to a location from which the defendant cannot be seen	1024
or heard by the functionally impaired victim giving the testimony,	1025
except on a monitor provided for that purpose. The functionally	1026
impaired victim giving the testimony shall be provided with a	1027
monitor on which the victim can observe, during the testimony, the	1028
defendant. No order for the taking of testimony by recording shall	1029
be issued under this division unless the provisions set forth in	1030
divisions (B)(2)(a), (b), (c), and (d) of this section apply to	1031
the recording of the testimony.	1032

(F) For purposes of divisions (D) and (E) of this section, a	1033
judge may order the testimony of a functionally impaired victim to	1034
be taken outside the room in which the proceeding is being	1035
conducted if the judge determines that the functionally impaired	1036
victim is unavailable to testify in the room in the physical	1037
presence of the defendant due to one or more of the following:	1038

(1) The persistent refusal of the functionally impaired	1039
victim to testify despite judicial requests to do so;	1040

(2) The inability of the functionally impaired victim to	1041
communicate about the alleged violation or offense because of	1042
extreme fear, failure of memory, or another similar reason;	1043

(3) The substantial likelihood that the functionally impaired	1044
victim will suffer serious emotional trauma from so testifying.	1045

(G)(1) If a judge issues an order pursuant to division (D) or	1046
(E) of this section that requires the testimony of a functionally	1047
impaired victim in a criminal proceeding to be taken outside of	1048
the room in which the proceeding is being conducted, the order	1049
shall specifically identify the functionally impaired victim to	1050
whose testimony it applies, the order applies only during the	1051
testimony of the specified functionally impaired victim, and the	1052
functionally impaired victim giving the testimony shall not be	1053
required to testify at the proceeding other than in accordance	1054
with the order.	1055

(2) A judge who makes any determination regarding the	1056
admissibility of a deposition under divisions (B) and (C) of this	1057
section, the videotaping of a deposition under division (B)(2) of	1058
this section, or the taking of testimony outside of the room in	1059
which a proceeding is being conducted under division (D) or (E) of	1060
this section shall enter the determination and findings on the	1061
record in the proceeding.	1062

Sec. 2945.491.  (A)(1) As used in this section, "functionally	1063
impaired person" means any person who has a physical or mental	1064
impairment that prevents the person from providing for the	1065
person's own care or protection or whose infirmities caused by	1066
aging prevent the person from providing for the person's own care	1067
or protection.	1068

(2) As used in this section, "victim" includes afunctionally	1069
impaired person who was a victim of a felony violation identified	1070
in division (B)(1) of this section or a felony offense of violence	1071
or against whom was directed any conduct that constitutes, or that	1072
is an element of, a felony violation identified in division (B)(1)	1073
of this section or a felony offense of violence.	1074

(3) Testimony taken at an examination or a preliminary	1075
hearing at which the defendant is present, or at a former trial of	1076
the cause, or taken by deposition at the instance of the defendant	1077
or the state, may be used whenever the witness giving the	1078
testimony dies or cannot for any reason be produced at the trial	1079
or whenever the witness has, since giving that testimony, become	1080
incapacitated to testify. If the former testimony is contained	1081
within an authenticated transcript of the testimony, it shall be	1082
proven by the transcript or by other testimony.	1083

(B)(1) At a trial on a charge of a felony violation of	1084
section 2903.16, 2903.34, 2903.341, 2907.02, 2907.03, 2907.05,	1085
2907.21, 2907.23, 2907.24, 2907.32, 2907.321, 2907.322, or	1086
2907.323 of the Revised Code or an offense of violence and in	1087
which an alleged victim of the violation or offense was a	1088
functionally impaired person, the court, upon motion of the	1089
prosecutor in the case, may admit videotaped preliminary hearing	1090
testimony of the functionally impaired victim as evidence at the	1091
trial, in lieu of the functionally impaired victim appearing as a	1092
witness and testifying at trial, if all of the following apply:	1093

(a) The videotape of the testimony was made at the	1094
preliminary hearing at which probable cause of the violation	1095
charged was found.	1096

(b) The videotape of the testimony was made in accordance	1097
with division (C) of section 2937.11 of the Revised Code.	1098

(c) The testimony in the videotape is not excluded by the	1099
hearsay rule and otherwise is admissible under the Rules of	1100
Evidence. For purposes of this division, testimony is not excluded	1101
by the hearsay rule if the testimony is not hearsay under Evidence	1102
Rule 801, the testimony is within an exception to the hearsay rule	1103
set forth in Evidence Rule 803, the functionally impaired victim	1104
who gave the testimony is unavailable as a witness, as defined in	1105
Evidence Rule 804, and the testimony is admissible under that	1106
rule, or both of the following apply:	1107

(i) The accused had an opportunity and similar motive at the	1108
preliminary hearing to develop the testimony of the functionally	1109
impaired victim by direct, cross, or redirect examination.	1110

(ii) The court determines that there is reasonable cause to	1111
believe that if the functionally impaired victim who gave the	1112
testimony at the preliminary hearing were to testify in person at	1113
the trial, the functionally impaired victim would experience	1114
serious emotional trauma as a result of the victim's participation	1115
at the trial.	1116

(2) If a functionally impaired victim of an alleged felony	1117
violation of section 2903.16, 2903.34, 2903.341, 2907.02, 2907.03,	1118
2907.05, 2907.21, 2907.23, 2907.24, 2907.32, 2907.321, 2907.322,	1119
or 2907.323 of the Revised Code or an alleged felony offense of	1120
violence testifies at the preliminary hearing in the case, if the	1121
testimony of the functionally impaired victim at the preliminary	1122
hearing was videotaped pursuant to division (C) of section 2937.11	1123
of the Revised Code, and if the defendant in the case files a	1124
written objection to the use, pursuant to division (B)(1) of this	1125
section, of the videotaped testimony at the trial, the court,	1126
immediately after the filing of the objection, shall hold a	1127
hearing to determine whether the videotaped testimony of the	1128
functionally impaired victim should be admissible at trial under	1129
division (B)(1) of this section and, if it is admissible, whether	1130
the functionally impaired victim should be required to provide	1131
limited additional testimony of the type described in this	1132
division. At the hearing held pursuant to this division, the	1133
defendant and the prosecutor in the case may present any evidence	1134
that is relevant to the issues to be determined at the hearing,	1135
but the functionally impaired victim shall not be required to	1136
testify at the hearing.	1137

After the hearing, the court shall not require the	1138
functionally impaired victim to testify at the trial, unless it	1139
determines that both of the following apply:	1140

(a) That the testimony of the functionally impaired victim at	1141
trial is necessary for one or more of the following reasons:	1142

(i) Evidence that was not available at the time of the	1143
testimony of the functionally impaired victim at the preliminary	1144
hearing has been discovered.	1145

(ii) The circumstances surrounding the case have changed	1146
sufficiently to necessitate that the functionally impaired victim	1147
testify at the trial.	1148

(b) That the testimony of the functionally impaired victim at	1149
the trial is necessary to protect the right of the defendant to a	1150
fair trial.	1151

The court shall enter its finding and the reasons for it in	1152
the journal. If the court requires the functionally impaired	1153
victim to testify at the trial, the testimony of the victim shall	1154
be limited to the new evidence and changed circumstances, and the	1155
functionally impaired victim shall not otherwise be required to	1156
testify at the trial. The required testimony of the functionally	1157
impaired victim may be given in person or, upon motion of the	1158
prosecution, may be taken by deposition in accordance with	1159
division (B) of section 2945.482 of the Revised Code provided the	1160
deposition is admitted as evidence under division (C) of that	1161
section, may be taken outside of the courtroom and televised into	1162
the courtroom in accordance with division (D) of that section, or	1163
may be taken outside of the courtroom and recorded for showing in	1164
the courtroom in accordance with division (E) of that section.	1165

(3) If videotaped testimony of a functionally impaired victim	1166
is admitted at trial in accordance with division (B)(1) of this	1167
section, the functionally impaired victim shall not be compelled	1168
in any way to appear as a witness at the trial, except as provided	1169
in division (B)(2) of this section.	1170

(C) An order issued pursuant to division (B) of this section	1171
shall specifically identify the functionally impaired victim	1172
concerning whose testimony it pertains. The order shall apply only	1173
during the testimony of the functionally impaired victim it	1174
specifically identifies.	1175

Sec. 5123.084. (A) As used in this section, "sexual conduct"	1176
and "sexual contact" have the same meanings as in section 2907.01	1177
of the Revised Code.	1178

(B) Prior to employing an applicant, the director of mental	1179
retardation and developmental disabilities shall require the	1180
applicant to sign an agreement under which the applicant agrees to	1181
not engage in any sexual conduct or sexual contact with an	1182
individual with mental retardation or a developmental disability	1183
in the applicant's care. The agreement shall inform the applicant	1184
that the failure to comply with the agreement may result in the	1185
placement of the individual on the MR/DD employee registry	1186
established under section 5123.52 of the Revised Code.	1187

Sec. 5123.51.  (A) In addition to any other action required	1188
by sections 5123.61 and 5126.31 of the Revised Code, the	1189
department of mental retardation and developmental disabilities	1190
shall review each report the department receives of abuse or	1191
neglect of an individual with mental retardation or a	1192
developmental disability or misappropriation of an individual's	1193
property that includes an allegation that an MR/DD employee	1194
committed or was responsible for the abuse, neglect, or	1195
misappropriation. The department shall review a report it receives	1196
from a public children services agency only after the agency	1197
completes its investigation pursuant to section 2151.421 of the	1198
Revised Code. The department shall review a report it recovers	1199
from a prosecutor pursuant to section 5123.511 of the Revised Code	1200
when the person who is the subject of the report is charged.	1201

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

1202

(1) Investigate the allegation or adopt the findings of an	1203
investigation or review of the allegation conducted by another	1204
person or government entity and determine whether there is a	1205
reasonable basis for the allegation;	1206

(2) If the department determines that there is a reasonable	1207
basis for the allegation, conduct an adjudication pursuant to	1208
Chapter 119. of the Revised Code.	1209

(C)(1) The department shall appoint an independent hearing	1210
officer to conduct any hearing conducted pursuant to division	1211
(B)(2) of this section, except that, if the hearing is regarding	1212
an employee of the department who is represented by a union, the	1213
department and a representative of the union shall jointly select	1214
the hearing officer.	1215

(2) No hearing shall be conducted under division (B)(2) of	1216
this section until any criminal proceeding or collective	1217
bargaining arbitration concerning the same allegation has	1218
concluded.	1219

(3) In conducting a hearing pursuant to division (B)(2) of	1220
this section, the hearing officer shall do both of the following:	1221

(a) Determine whether there is clear and convincing evidence	1222
that the MR/DD employee has done any of the following:	1223

(i) Misappropriated the property of an individual with mental	1224
retardation or a developmental disability;	1225

(ii) Knowingly abused or neglected such an individual;

1226

(iii) Recklessly abused or neglected such an individual, with	1227
resulting physical harm;	1228

(iv) Negligently abused or neglected such an individual, with	1229
resulting serious physical harm;	1230

(v) Created a substantial risk to the health and safety of	1231
such an individual in their care;	1232

(vi) Engaged in a sexual relationship with such an individual	1233
in their care;	1234

(vii) Failed to make a report pursuant to division (C) of	1235
section 5123.61 of the Revised Code.	1236

(b) Give weight to the decision in any collective bargaining	1237
arbitration regarding the same allegation.	1238

(D)(1) Unless the director of mental retardation and	1239
developmental disabilities determines that there are extenuating	1240
circumstances and except as provided in divisions (D)(4) and	1241
division (E) of this section, the director shall include in the	1242
registry established under section 5123.52 of the Revised Code the	1243
name of an MR/DD employee if the director finds that there is	1244
clear and convincing evidence that the employee has done one or	1245
more of the things described in division (C)(3)(2)(a) of this	1246
section.	1247

(2) Extenuating circumstances the director must consider	1248
include the use of physical force by an MR/DD employee that was	1249
necessary as self-defense.	1250

(3) If the director includes an MR/DD employee in the	1251
registry established under section 5123.52 of the Revised Code,	1252
the director shall notify the employee, the person or government	1253
entity that employs or contracts with the employee, the individual	1254
with mental retardation or a developmental disability who was the	1255
subject of the report and that individual's legal guardian, if	1256
any, the attorney general, and the prosecuting attorney or other	1257
law enforcement agency. If the MR/DD employee holds a license,	1258
certificate, registration, or other authorization to engage in a	1259
profession issued pursuant to Title XLVII of the Revised Code, the	1260
director shall notify the appropriate agency, board, department,	1261
or other entity responsible for regulating the employee's	1262
professional practice.	1263

(4) The director shall not include in the registry an	1264
individual who has been found not guilty by a court or jury of an	1265
offense arising from the same facts.	1266

(E) In the case of an allegation concerning an employee of	1267
the department, after the hearing conducted pursuant to division	1268
(B)(2) of this section, the director of health or that director's	1269
designee shall review the decision of the hearing officer to	1270
determine whether the standard described in division (C)(2) of	1271
this section has been met. If the director or designee determines	1272
that the standard has been met and that no extenuating	1273
circumstances exist, the director or designee shall notify the	1274
director of mental retardation and developmental disabilities that	1275
the MR/DD employee is to be included in the registry established	1276
under section 5123.52 of the Revised Code. If the director of	1277
mental retardation and developmental disabilities receives such	1278
notification, the director shall include the MR/DD employee in the	1279
registry, unless division (D)(4) of this section applies, and	1280
shall provide the notification described in division (D)(3) of	1281
this section.	1282

(F) If the department is required by Chapter 119. of the	1283
Revised Code to give notice of an opportunity for a hearing and if	1284
the MR/DD employee subject to the notice does not timely request a	1285
hearing in accordance with section 119.07 of the Revised Code, the	1286
department is not required to hold a hearing. Unless the director	1287
of mental retardation and developmental disabilities determines	1288
that there are extenuating circumstances, the director shall	1289
include in the registry established under section 5123.52 of the	1290
Revised Code the name of the MR/DD employee if the director finds	1291
that there is clear and convincing evidence that the employee has	1292
done one or more of the things described in division (C)(2)(a) of	1293
this section.	1294

(G) Files and records of investigations conducted pursuant to	1295
this section are not public records as defined in section 149.43	1296
of the Revised Code, but, on request, the department shall provide	1297
copies of those files and records to the attorney general, a	1298
prosecuting attorney, or a law enforcement agency.	1299

Sec. 5123.511. (A) As used in this section, "prosecutor"	1300
includes the county prosecuting attorney and any assistant	1301
prosecutor designated to assist the county prosecuting attorney,	1302
and, in the case of courts inferior to courts of common pleas,	1303
includes the village solicitor, city director of law, or similar	1304
chief legal officer of a municipal corporation, any assistants of	1305
the chief legal officer of a municipal corporation, or any	1306
attorney designated by the prosecuting attorney of the county to	1307
appear for the prosecution of a given case.	1308

(B) The prosecutor in any case against a person involving a	1309
victim that the prosecutor knows or reasonably should know has	1310
mental retardation or a developmental disability shall send	1311
written notice upon the filing of charges against a person to the	1312
department of mental retardation and developmental disabilities.	1313
The written notice shall specifically identify the person charged.	1314

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

1315

(1) "Law enforcement agency" means the state highway patrol,	1316
the police department of a municipal corporation, or a county	1317
sheriff.	1318

(2) "Abuse" has the same meaning as in section 5123.50 of the	1319
Revised Code, except that it includes a misappropriation, as	1320
defined in that section.	1321

(3) "Neglect" has the same meaning as in section 5123.50 of	1322
the Revised Code.	1323

(B) The department of mental retardation and developmental	1324
disabilities shall establish a registry office for the purpose of	1325
maintaining reports of abuse, neglect, and other major unusual	1326
incidents made to the department under this section and reports	1327
received from county boards of mental retardation and	1328
developmental disabilities under section 5126.31 of the Revised	1329
Code. The department shall establish committees to review reports	1330
of abuse, neglect, and other major unusual incidents.	1331

(C)(1) Any person listed in division (C)(2) of this section,	1332
having reason to believe that a person with mental retardation or	1333
a developmental disability has suffered or faces the threat of	1334
suffering any wound, injury, disability, or condition of such a	1335
nature as to reasonably indicate abuse or neglect of that person,	1336
shall immediately report or cause reports to be made of such	1337
information to a law enforcement agency or to the county board of	1338
mental retardation and developmental disabilities, except that if	1339
the report concerns a resident of a facility operated by the	1340
department of mental retardation and developmental disabilities	1341
the report shall be made either to a law enforcement agency or to	1342
the department.	1343

(2) All of the following persons are required to make a	1344
report under division (C)(1) of this section:	1345

(a) Any physician, including a hospital intern or resident,	1346
any dentist, podiatrist, chiropractor, practitioner of a limited	1347
branch of medicine as specified in section 4731.15 of the Revised	1348
Code, hospital administrator or employee of a hospital, nurse	1349
licensed under Chapter 4723. of the Revised Code, employee of an	1350
ambulatory health facility as defined in section 5101.61 of the	1351
Revised Code, employee of a home health agency, employee of an	1352
adult care facility licensed under Chapter 3722. of the Revised	1353
Code, or employee of a community mental health facility;	1354

(b) Any school teacher or school authority, social worker,	1355
psychologist, attorney, peace officer, coroner, clergyman, or	1356
residents' rights advocate as defined in section 3721.10 of the	1357
Revised Code;	1358

(c) A superintendent, board member, or employee of a county	1359
board of mental retardation and developmental disabilities; an	1360
administrator, board member, or employee of a residential facility	1361
licensed under section 5123.19 of the Revised Code; an	1362
administrator, board member, or employee of any other public or	1363
private provider of services to a person with mental retardation	1364
or a developmental disability, or any MR/DD employee, as defined	1365
in section 5123.50 of the Revised Code;	1366

(d) A member of a citizen's advisory council established at	1367
an institution or branch institution of the department of mental	1368
retardation and developmental disabilities under section 5123.092	1369
of the Revised Code;	1370

(e) A person who, while acting in an official or professional	1371
capacity, renders spiritual treatment through prayer in accordance	1372
with the tenets of an organized religion.	1373

(3) The reporting requirements of this division do not apply	1374
to members of the legal rights service commission or to employees	1375
of the legal rights service.	1376

(4) Any person who fails to make report under division (C) of	1377
this section shall be eligible to be included in the MR/DD	1378
employee registry established under section 5123.52 of the Revised	1379
Code.	1380

(D) The reports required under division (C) of this section	1381
shall be made forthwith by telephone or in person and shall be	1382
followed by a written report. The reports shall contain the	1383
following:	1384

(1) The names and addresses of the person with mental	1385
retardation or a developmental disability and the person's	1386
custodian, if known;	1387

(2) The age of the person with mental retardation or a	1388
developmental disability;	1389

(3) Any other information that would assist in the	1390
investigation of the report.	1391

(E) When a physician performing services as a member of the	1392
staff of a hospital or similar institution has reason to believe	1393
that a person with mental retardation or a developmental	1394
disability has suffered injury, abuse, or physical neglect, the	1395
physician shall notify the person in charge of the institution or	1396
that person's designated delegate, who shall make the necessary	1397
reports.	1398

(F) Any person having reasonable cause to believe that a	1399
person with mental retardation or a developmental disability has	1400
suffered abuse or neglect may report the belief, or cause a report	1401
to be made, to a law enforcement agency or the county board of	1402
mental retardation and developmental disabilities, or, if the	1403
person is a resident of a facility operated by the department of	1404
mental retardation and developmental disabilities, to a law	1405
enforcement agency or to the department.	1406

(G)(1) Upon the receipt of a report concerning the possible	1407
abuse or neglect of a person with mental retardation or a	1408
developmental disability, the law enforcement agency shall inform	1409
the county board of mental retardation and developmental	1410
disabilities or, if the person is a resident of a facility	1411
operated by the department of mental retardation and developmental	1412
disabilities, the director of the department or the director's	1413
designee.	1414

(2) On receipt of a report under this section that includes	1415
an allegation of action or inaction that may constitute a crime	1416
under federal law or the law of this state, the department of	1417
mental retardation and developmental disabilities shall notify the	1418
law enforcement agency.	1419

(3) When a county board of mental retardation and	1420
developmental disabilities receives a report under this section	1421
that includes an allegation of action or inaction that may	1422
constitute a crime under federal law or the law of this state, the	1423
superintendent of the board or an individual the superintendent	1424
designates under division (H) of this section shall notify the law	1425
enforcement agency. The superintendent or individual shall notify	1426
the department of mental retardation and developmental	1427
disabilities when it receives any report under this section.	1428

(H) The superintendent of the board may designate an	1429
individual to be responsible for notifying the law enforcement	1430
agency and the department when the county board receives a report	1431
under this section.	1432

(I) An adult with mental retardation or a developmental	1433
disability about whom a report is made may be removed from the	1434
adult's place of residence only by law enforcement officers who	1435
consider that the adult's immediate removal is essential to	1436
protect the adult from further injury or abuse or in accordance	1437
with the order of a court made pursuant to section 5126.33 of the	1438
Revised Code.	1439

(J) A law enforcement agency shall investigate each report of	1440
abuse or neglect it receives under this section. In addition, the	1441
department, in cooperation with law enforcement officials, shall	1442
investigate each report regarding a resident of a facility	1443
operated by the department to determine the circumstances	1444
surrounding the injury, the cause of the injury, and the person	1445
responsible. The investigation shall be in accordance with the	1446
memorandum of understanding prepared under division (P) of this	1447
section. The department shall determine, with the registry office	1448
which shall be maintained by the department, whether prior reports	1449
have been made concerning andan adult with mental retardation or	1450
a developmental disability or other principals in the case. If the	1451
department finds that the report involves action or inaction that	1452
may constitute a crime under federal law or the law of this state,	1453
it shall submit a report of its investigation, in writing, to the	1454
law enforcement agency. If the person with mental retardation or a	1455
developmental disability is an adult, with the consent of the	1456
adult, the department shall provide such protective services as	1457
are necessary to protect the adult. The law enforcement agency	1458
shall make a written report of its findings to the department.	1459

If the person is an adult and is not a resident of a facility	1460
operated by the department, the county board of mental retardation	1461
and developmental disabilities shall review the report of abuse or	1462
neglect in accordance with sections 5126.30 to 5126.33 of the	1463
Revised Code and the law enforcement agency shall make the written	1464
report of its findings to the county board.	1465

(K) Any person or any hospital, institution, school, health	1466
department, or agency participating in the making of reports	1467
pursuant to this section, any person participating as a witness in	1468
an administrative or judicial proceeding resulting from the	1469
reports, or any person or governmental entity that discharges	1470
responsibilities under sections 5126.31 to 5126.33 of the Revised	1471
Code shall be immune from any civil or criminal liability that	1472
might otherwise be incurred or imposed as a result of such actions	1473
except liability for perjury, unless the person or governmental	1474
entity has acted in bad faith or with malicious purpose.	1475

(L) No employer or any person with the authority to do so	1476
shall discharge, demote, transfer, prepare a negative work	1477
performance evaluation, reduce pay or benefits, terminate work	1478
privileges, or take any other action detrimental to an employee or	1479
retaliate against an employee as a result of the employee's having	1480
made a report under this section. This division does not preclude	1481
an employer or person with authority from taking action with	1482
regard to an employee who has made a report under this section if	1483
there is another reasonable basis for the action.	1484

(M) Reports made under this section are not public records as	1485
defined in section 149.43 of the Revised Code. Information	1486
contained in the reports on request shall be made available to the	1487
person who is the subject of the report, to the person's legal	1488
counsel, and to agencies authorized to receive information in the	1489
report by the department or by a county board of mental	1490
retardation and developmental disabilities.	1491

(N) Notwithstanding section 4731.22 of the Revised Code, the	1492
physician-patient privilege shall not be a ground for excluding	1493
evidence regarding the injuries or physical neglect of a person	1494
with mental retardation or a developmental disability or the cause	1495
thereof in any judicial proceeding resulting from a report	1496
submitted pursuant to this section.	1497

(O) Any person listed in division (C)(2) of this section who	1498
discovers or suspects that a child under eighteen years of age or	1499
a mentally retarded, developmentally disabled, or physically	1500
impaired child under twenty-one years of age has suffered or faces	1501
a threat of suffering any physical or mental wound, injury,	1502
disability, or condition of a nature that reasonably indicates	1503
abuse or neglect of the child, shall immediately report that	1504
knowledge or suspicion to the public children services agency or a	1505
municipal or county peace officer in the county in which the child	1506
resides or in which the abuse or neglect is occurring or has	1507
occurred.	1508

(P)(1) Each county board of mental retardation and	1509
developmental disabilities shall prepare a memorandum of	1510
understanding that is signed by all of the following:	1511

(a) If there is only one probate judge in the county, the	1512
probate judge of the county or the probate judge's representative;	1513

(b) If there is more than one probate judge in the county, a	1514
probate judge or the probate judge's representative selected by	1515
the probate judges or, if they are unable to do so for any reason,	1516
the probate judge who is senior in point of service or the senior	1517
probate judge's representative;	1518

(c) The county peace officer;

1519

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

1520

(e) Other law enforcement officers handling abuse, neglect,	1521
and exploitation of mentally retarded and developmentally disabled	1522
persons in the county;	1523

(f) The prosecuting attorney of the county;

1524

(g) The public children services agency, if the mentally	1525
retarded or developmentally disabled person is a child;	1526

(h) The coroner of the county.

1527

(2) A memorandum of understanding shall set forth the normal	1528
operating procedure to be employed by all concerned officials in	1529
the execution of their respective responsibilities under this	1530
section and sections 313.12, 2151.421, 2903.16, 5126.31, and	1531
5126.33 of the Revised Code and shall have as two of its primary	1532
goals the elimination of all unnecessary interviews of persons who	1533
are the subject of reports made pursuant to this section and, when	1534
feasible, providing for only one interview of a person who is the	1535
subject of any report made pursuant to this section. A failure to	1536
follow the procedure set forth in the memorandum by the concerned	1537
officials is not grounds for, and shall not result in, the	1538
dismissal of any charge or complaint arising from any reported	1539
case of abuse, neglect, or exploitation or the suppression of any	1540
evidence obtained as a result of any reported abuse, neglect, or	1541
exploitation and does not give any rights or grounds for appeal or	1542
post-conviction relief to any person.	1543

(3) A memorandum of understanding shall include, but is not	1544
limited to, all of the following:	1545

(a) The roles and responsibilities for handling emergency and	1546
nonemergency cases of abuse, neglect, or exploitation;	1547

(b) Standards and procedures to be used in handling and	1548
coordinating investigations of reported cases of abuse, neglect,	1549
or exploitation and methods to be used in interviewing the person	1550
who is the subject of the report and who allegedly was abused,	1551
neglected, or exploited;	1552

(c) Standards and procedures addressing the categories of	1553
persons who may interview the person who is the subject of the	1554
report and who allegedly was abused, neglected, or exploited;	1555

(d) Standards and procedures to be used in providing victim	1556
services to mentally retarded and developmentally disabled persons	1557
pursuant to Chapter 2930. of the Revised Code;	1558

(e) Standards and procedures for the filing of criminal	1559
charges against persons alleged to have abused, neglected, or	1560
exploited mentally retarded or developmentally disabled persons.	1561

(4) A memorandum of understanding may be signed by victim	1562
advocates, municipal court judges, municipal prosecutors, and any	1563
other person whose participation furthers the goals of a	1564
memorandum of understanding, as set forth in this section.	1565

Sec. 5123.99.  (A) Whoever violates section 5123.20 of the	1566
Revised Code is guilty of a misdemeanor of the first degree.	1567

(B) Whoever violates division (C), (E), or (G)(3), or (O) of	1568
section 5123.61 of the Revised Code shall be fined not more than	1569
five hundred dollarsis guilty of a misdemeanor of the fourth	1570
degree or, if the abuse or neglect constitutes a felony, a	1571
misdemeanor of the second degree. Whoever violates division (C),	1572
(E), (G)(3), or (O) of section 5123.61 of the Revised Code shall	1573
be eligible to be included in the MR/DD employee registry	1574
established by section 5123.52 of the Revised Code.	1575

(C) Whoever violates division (A) of section 5123.604 of the	1576
Revised Code is guilty of a misdemeanor of the second degree.	1577

(D) Whoever violates division (B) of section 5123.604 of the	1578
Revised Code shall be fined not more than one thousand dollars.	1579
Each violation constitutes a separate offense.	1580

Sec. 5126.282. (A) As used in this section, "sexual conduct"	1581
and "sexual contact" have the same meanings as in section 2907.01	1582
of the Revised Code.	1583

(B) Prior to employing an applicant, the superintendent of a	1584
county board of mental retardation and developmental disabilities	1585
shall require the applicant to sign an agreement under which the	1586
applicant agrees to not engage in any sexual conduct or sexual	1587
contact with an individual with mental retardation or a	1588
developmental disability in the applicant's care. The agreement	1589
shall inform the applicant that the failure to comply with the	1590
agreement may result in the placement of the individual on the	1591
MR/DD employee registry established under section 5123.52 of the	1592
Revised Code.	1593

Sec. 5126.30.  As used in sections 5126.30 to 5126.33 of the	1594
Revised Code:	1595

(A) "Adult" means a person eighteen years of age or older	1596
with mental retardation or a developmental disability.	1597

(B) "Caretaker" means a person who is responsible for the	1598
care of an adult by order of a court, including an order of	1599
guardianship, or who assumes the responsibility for the care of an	1600
adult as a volunteer, as a family member, by contract, or by the	1601
acceptance of payment for care.	1602

(C) "Abuse" has the same meaning as in section 5123.50 of the	1603
Revised Code, except that it includes a misappropriation, as	1604
defined in that section.	1605

(D) "Neglect" has the same meaning as in section 5123.50 of	1606
the Revised Code.	1607

(E) "Working day" means Monday, Tuesday, Wednesday, Thursday,	1608
or Friday, except when that day is a holiday as defined in section	1609
1.14 of the Revised Code.	1610

(F) "Incapacitated" means lacking understanding or capacity,	1611
with or without the assistance of a caretaker, to make and carry	1612
out decisions regarding food, clothing, shelter, health care, or	1613
other necessities, but does not include mere refusal to consent to	1614
the provision of services.	1615

(G) "Emergency protective services" means protective services	1616
furnished to a person with mental retardation or a developmental	1617
disability to prevent immediate physical harm.	1618

(H) "Exploitation" means the unlawful or improper act of a	1619
caretaker using an adult or an adult's resources for monetary or	1620
personal benefit, profit, or gain, including misappropriation of	1621
an adult's resources.	1622

(I) "Protective services" means services provided by the	1623
county board of mental retardation and developmental disabilities	1624
to an adult with mental retardation or a developmental disability	1625
for the prevention, correction, or discontinuance of an act of as	1626
well as conditions resulting from abuse, neglect, or exploitation.	1627

(J) "Protective service plan" means an individualized plan	1628
developed by the county board of mental retardation and	1629
developmental disabilities to prevent the further abuse, neglect,	1630
or exploitation of an adult with mental retardation or a	1631
developmental disability.	1632

(K) "Substantial risk" means a strong possibility, as	1633
contrasted with a remote possibility, that a certain result may	1634
occur or that certain circumstances may exist.	1635

Sec. 5126.31.  (A) A county board of mental retardation and	1636
developmental disabilities shall review reports of abuse and	1637
neglect made under section 5123.61 of the Revised Code and reports	1638
referred to it under section 5101.611 of the Revised Code to	1639
determine whether the person who is the subject of the report is	1640
an adult with mental retardation or a developmental disability in	1641
need of services to deal with the abuse or neglect. The board	1642
shall give notice of each report to the registry office of the	1643
department of mental retardation and developmental disabilities	1644
established pursuant to section 5123.61 of the Revised Code on the	1645
first working day after receipt of the report. If the report	1646
alleges that there is a substantial risk to the adult of immediate	1647
physical harm or death, the board shall initiate review within	1648
twenty-four hours of its receipt of the report. If the board	1649
determines that the person is sixty years of age or older but does	1650
not have mental retardation or a developmental disability, it	1651
shall refer the case to the county department of job and family	1652
services. If the board determines that the person is an adult with	1653
mental retardation or a developmental disability, it shall	1654
continue its review of the case.	1655

(B) For each review over which the board retains	1656
responsibility under division (A) of this section, it shall do all	1657
of the following:	1658

(1) Give both written and oral notice of the purpose of the	1659
review to the adult and, if any, to the adult's legal counsel or	1660
caretaker, in simple and clear language;	1661

(2) Visit the adult, in the adult's residence if possible,	1662
and explain the notice given under division (B)(1) of this	1663
section;	1664

(3) Request from the registry office any prior reports	1665
concerning the adult or other principals in the case;	1666

(4) Consult, if feasible, with the person who made the report	1667
under section 5101.61 or 5123.61 of the Revised Code and with any	1668
agencies or persons who have information about the alleged abuse	1669
or neglect;	1670

(5) Cooperate fully with the law enforcement agency	1671
responsible for investigating the report and for filing any	1672
resulting criminal charges and, on request, turn over evidence to	1673
the agency;	1674

(6) Determine whether the adult needs services, and prepare a	1675
written report stating reasons for the determination. No adult	1676
shall be determined to be abused, neglected, or in need of	1677
services for the sole reason that, in lieu of medical treatment,	1678
the adult relies on or is being furnished spiritual treatment	1679
through prayer alone in accordance with the tenets and practices	1680
of a church or religious denomination of which the adult is a	1681
member or adherent.	1682

(C) The board shall arrange for the provision of services for	1683
the prevention, correction or discontinuance of abuse or neglect	1684
or of a condition resulting from abuse or neglect for any adult	1685
who has been determined to need the services and consents to	1686
receive them. These services may include, but are not limited to,	1687
service and support administration, fiscal management, medical,	1688
mental health, home health care, homemaker, legal, and residential	1689
services and the provision of temporary accommodations and	1690
necessities such as food and clothing. The services do not include	1691
acting as a guardian, trustee, or protector as defined in section	1692
5123.55 of the Revised Code. If the provision of residential	1693
services would require expenditures by the department of mental	1694
retardation and developmental disabilities, the board shall obtain	1695
the approval of the department prior to arranging the residential	1696
services.	1697

To arrange services, the board shall:

1698

(1) Develop an individualized protective service plan	1699
identifying the types of services required for the adult, the	1700
goals for the services, and the persons or agencies that will	1701
provide them;	1702

(2) In accordance with rules established by the director of	1703
mental retardation and developmental disabilities, obtain the	1704
consent of the adult or the adult's guardian to the provision of	1705
any of these services and obtain the signature of the adult or	1706
guardian on the individual service plan. An adult who has been	1707
found incompetent under Chapter 2111. of the Revised Code may	1708
consent to services. If the board is unable to obtain consent, it	1709
may seek, if the adult is incapacitated, a court order pursuant to	1710
section 5126.33 of the Revised Code authorizing the board to	1711
arrange these services.	1712

(D) The board shall ensure that the adult receives the	1713
services arranged by the board from the provider and shall have	1714
the services terminated if the adult withdraws consent.	1715

(E) On completion of a review, the board shall submit a	1716
written report to the registry office established under section	1717
5123.61 of the Revised Code. If the report includes a finding that	1718
a person with mental retardation or a developmental disability is	1719
a victim of action or inaction that may constitute a crime under	1720
federal law or the law of this state, the board shall submit the	1721
report to the law enforcement agency responsible for investigating	1722
the report. Reports prepared under this section are not public	1723
records as defined in section 149.43 of the Revised Code.	1724

(F) The board shall provide comprehensive formal training for	1725
employees and other persons authorized to implement the	1726
requirements of this section.	1727

Sec. 5126.33.  (A) A county board of mental retardation and	1728
developmental disabilities may file a complaint with the probate	1729
court of the county in which an adult with mental retardation or a	1730
developmental disability resides for an order authorizing the	1731
board to arrange protective services described in division (C) of	1732
section 5126.31 of the Revised Code for that adult if the board	1733
has been unable to secure consent. The complaint shall include:	1734

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

1735

(2) Facts describing the nature of the abuse or neglect and	1736
supporting the board's belief that services are needed;	1737

(3) The types of services proposed by the board, as set forth	1738
in the individualized protective service plan prepared pursuant to	1739
section 5126.31 of the Revised Code and filed with the complaint;	1740

(4) Facts showing the board's attempts to obtain the consent	1741
of the adult or the adult's guardian to the services.	1742

(B) The board shall give the adult notice of the filing of	1743
the complaint and in simple and clear language shall inform the	1744
adult of the adult's rights in the hearing under division (C) of	1745
this section and explain the consequences of a court order. This	1746
notice shall be personally served upon the adult and also shall be	1747
given to the adult's caretaker, the adult's legal counsel, if any,	1748
and the legal rights service. The notice shall be given at least	1749
twenty-four hours prior to the hearing, although the court may	1750
waive this requirement upon a showing that there is a substantial	1751
risk that the adult will suffer immediate physical harm in the	1752
twenty-four hour period and that the board has made reasonable	1753
attempts to give the notice required by this division.	1754

(C) Upon the filing of a complaint for an order under this	1755
section, the court shall hold a hearing at least twenty-four hours	1756
and no later than seventy-two hours after the notice under	1757
division (B) of this section has been given unless the court has	1758
waived the notice. The adult shall have the right to be present at	1759
the hearing, present evidence, and examine and cross-examine	1760
witnesses. The adult shall be represented by counsel unless the	1761
court finds that the adult has made a voluntary, informed, and	1762
knowing waiver of the right to counsel. If the adult is indigent,	1763
the court shall appoint counsel to represent the adult. The board	1764
shall be represented by the county prosecutor or an attorney	1765
designated by the board.	1766

(D)(1) The court shall issue an order authorizing the board	1767
to arrange the protective services if it finds, on the basis of	1768
clear and convincing evidence, all of the following:	1769

(a) The adult has been abused or neglected;

1770

(b) The adult is incapacitated;

1771

(c) There is a substantial risk to the adult of immediate	1772
physical harm or death;	1773

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

1774

(e) No person authorized by law or court order to give	1775
consent for the adult is available or willing to consent to the	1776
services.	1777

(2) The board shall develop a detailed protective service	1778
plan describing the services that the board will provide to the	1779
adult to prevent further abuse, neglect, or exploitation. The	1780
board shall submit the plan to the court for approval. The	1781
protective service plan may be changed by court order.	1782

(3) In formulating the order, the court shall consider the	1783
individual protective service plan and shall specifically	1784
designate the services that are necessary to deal with the abuse	1785
or neglect or condition resulting from abuse or neglect and that	1786
are available locally, and authorize the board to arrange for	1787
these services only. The court shall limit the provision of these	1788
services to a period not exceeding fourteen dayssix months,	1789
renewable for an additional fourteen-daysix-month period on a	1790
showing by the board that continuation of the order is necessary.	1791

(E) If the court finds that all other options for meeting the	1792
adult's needs have been exhausted, it may order that the adult be	1793
removed from the adult's place of residence and placed in another	1794
residential setting. Before issuing that order, the court shall	1795
consider the adult's choice of residence and shall determine that	1796
the new residential setting is the least restrictive alternative	1797
available for meeting the adult's needs and is a place where the	1798
adult can obtain the necessary requirements for daily living in	1799
safety. The court shall not order an adult to a hospital or public	1800
hospital as defined in section 5122.01 or a state institution as	1801
defined in section 5123.01 of the Revised Code.	1802

(F) The court shall not authorize a change in an adult's	1803
placement ordered under division (E) of this section unless it	1804
finds compelling reasons to justify a change. The parties to whom	1805
notice was given in division (B) of this section shall be given	1806
notice of a proposed change at least five working days prior to	1807
the change.	1808

(G) The adult, the board, or any other person who received	1809
notice of the petition may file a motion for modification of the	1810
court order at any time.	1811

(H) The county board shall pay court costs incurred in	1812
proceedings brought pursuant to this section. The adult shall not	1813
be required to pay for court-ordered services.	1814

(I) Upon the filing of a complaint for an order under this	1815
section, a probate judge may grant by telephone an ex parte	1816
emergency order authorizing the county board of mental retardation	1817
and developmental disabilities to provide emergency protective	1818
services to an adult or to remove the adult from the adult's place	1819
of residence or legal settlement or the place where the abuse,	1820
neglect, or exploitation occurred, if there is reasonable cause to	1821
believe that the adult is mentally retarded or developmentally	1822
disabled or is incapacitated, and there is a substantial risk to	1823
the adult of immediate physical harm or death.	1824

(J) If a judge or referee pursuant to division (I) of this	1825
section issues an ex parte emergency order to remove the adult	1826
from the adult's place of residence or legal settlement or the	1827
place where the abuse, neglect, or exploitation occurred, the	1828
court shall hold a hearing to determine whether there is probable	1829
cause for the emergency order. The hearing shall be held before	1830
the end of the next business day after the day on which the	1831
emergency order is issued, except that it shall not be held later	1832
than seventy-two hours after the emergency order is issued.	1833

(K)(1) After the filing of a complaint for an order under	1834
this section, the court, prior to the final disposition, may enter	1835
any temporary order that the court finds necessary to protect the	1836
adult with mental retardation or a developmental disability from	1837
abuse, neglect, or exploitation including, but not limited to, the	1838
following:	1839

(a) A temporary protection order;

1840

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

1841

(c) An order requiring a party to vacate the adult's place of	1842
residence or legal settlement.	1843

(2) The court may grant an ex parte order pursuant to this	1844
division upon its own motion or if a party files a written motion	1845
or makes an oral motion requesting the issuance of the order and	1846
stating the reasons for it if it appears to the court that the	1847
best interest and the welfare of the adult require that the court	1848
issue the order immediately. The court, if acting on its own	1849
motion, or the person requesting the granting of an ex parte	1850
order, to the extent possible, shall give notice of its intent or	1851
of the request to the adult, the adult's caretaker, the adult's	1852
legal counsel, if any, and the legal rights service. If the court	1853
issues an ex parte order, the court shall hold a hearing to review	1854
the order within seventy-two hours after it is issued or before	1855
the end of the next day after the day on which it is issued,	1856
whichever occurs first. The court shall give written notice of the	1857
hearing to all parties to the action.	1858

Section 2. That existing sections 313.12, 2108.50, 2151.421,	1859
2311.14, 2903.16, 5123.51, 5123.61, 5123.99, 5126.30, 5126.31, and	1860
5126.33 of the Revised Code are hereby repealed.	1861