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

To amend sections 109.572, 313.12, 2108.50, 2151.421,

1

2311.14, 2930.03, 5120.173, 5123.081, 5123.50,

2

5123.51, 5123.61, 5123.99, 5126.28, 5126.30, and

3

5126.33 and to enact sections 107.31, 107.32,

4

2108.521, 2152.821, 2903.341, 2930.061, 2945.482,

5

2945.491, 5123.541, 5123.542, 5123.614, 5126.058,

6

5126.331, 5126.332, and 5126.333 of the Revised

7

Code to implement the recommendations of the MR/DD

8

Victims of Crime Task Force, to make related

9

changes in the law, and to establish provisions

10

regarding the possible closing of state

11

institutional facilities for the purpose of

12

expenditure reductions or budget cuts, and to

13

amend the version of section 5123.50 of the

14

Revised Code that is scheduled to take effect

15

December 31, 2003, to continue the provisions of

16

this act on and after that effective date.

17

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

Section 1. That sections 109.572, 313.12, 2108.50, 2151.421,	18
2311.14, 2930.03, 5120.173, 5123.081, 5123.50, 5123.51, 5123.61,	19
5123.99, 5126.28, 5126.30, and 5126.33 be amended and sections	20
107.31, 107.32, 2108.521, 2152.821, 2903.341, 2930.061, 2945.482,	21
2945.491, 5123.541, 5123.542, 5123.614, 5126.058, 5126.331,	22
5126.332, and 5126.333 of the Revised Code be enacted to read as	23
follows:	24

Sec. 107.31.  (A) As used in this section and section 107.32	25
of the Revised Code:	26

(1) "State institutional facility" means any institution or	27
other facility for the housing of any person that is under the	28
physical or contractual control of the department of	29
rehabilitation and correction, the department of youth services,	30
the department of mental retardation and developmental	31
disabilities, the department of mental health, or any other agency	32
or department of state government.	33

(2) "Target state agency" means the agency of state	34
government that the governor identifies in a notice provided under	35
division (C)(1) of this section and that operates a state	36
institutional facility or facilities the governor believes should	37
be closed.	38

(B) Notwithstanding any other provision of law, the governor	39
shall not order the closure of any state institutional facility,	40
for the purpose of expenditure reductions or budget cuts, other	41
than in accordance with this section.	42

(C) If the governor determines that necessary expenditure	43
reductions and budget cuts cannot be made without closing one or	44
more state institutional facilities, all of the following apply:	45

(1) The governor shall determine which state agency's	46
institutional facility or facilities the governor believes should	47
be closed, shall notify the general assembly and that agency of	48
that determination, and shall specify in the notice the number of	49
facilities of that agency that the governor believes should be	50
closed and the anticipated savings to be obtained through that	51
closure or those closures.	52

(2) Upon the governor's provision of the notice described in	53
division (C)(1) of this section, a state facilities closure	54
commission shall be created as described in division (D) of this	55
section regarding the target state agency. Not later than seven	56
days after the governor provides that notice, the officials with	57
the duties to appoint members of the commission for the target	58
state agency, as described in division (D) of this section, shall	59
appoint the specified members of the commission, and, as soon as	60
possible after the appointments, the director of budget and	61
management shall call for the first meeting of the commission, for	62
the purposes described in that division. Not later than thirty	63
days after the governor provides the notice described in division	64
(C)(1) of this section, the state facilities closure commission	65
shall provide to the general assembly, the governor, and the	66
target state agency a report that contains the commission's	67
recommendation as to the state institutional facility or	68
facilities of the target state agency that the governor may close.	69
The anticipated savings to be obtained by the commission's	70
recommendation shall be approximately the same as the anticipated	71
savings the governor specified in the governor's notice provided	72
under division (C)(1) of this section, and, if the recommendation	73
identifies more than one facility, it shall list them in order of	74
the commission's preference for closure. A state facilities	75
closure commission created for a particular target state agency	76
shall make a report only regarding that target state agency and	77
shall include no recommendations regarding any other state agency	78
or department in its report.	79

(3) Upon receipt of the report of the state facilities	80
closure commission under division (C)(2) of this section for a	81
target state agency, the governor shall review and consider the	82
commission's recommendation. The governor shall do one of the	83
following:	84

(a) Follow the recommendation of the commission;

85

(b) Close no state institutional facility;

86

(c) Take other action that the governor determines is	87
necessary for the purpose of expenditure reductions or budget cuts	88
and state the reasons for the action.	89

(D) A state facilities closure commission shall be created at	90
the time and in the manner specified in division (C)(2) of this	91
section. If more than one state agency or department is a target	92
state agency, a separate state facilities closure commission shall	93
be created for each such target state agency. Each commission	94
consists of five members. One member shall be the director of the	95
target state agency. One member shall be a private executive with	96
expertise in facility utilization, jointly appointed by the	97
speaker of the house of representatives and the president of the	98
senate. The member appointed for expertise in facility utilization	99
may not be a member of the general assembly, and may not have a	100
state institutional facility of the target state agency in the	101
county in which the member resides. One member shall be a member	102
of the board of the Ohio civil service employees' association, as	103
appointed by the governor. One member of the commission shall be a	104
private executive with expertise in economics, jointly appointed	105
by the speaker of the house of representatives and the president	106
of the senate. The member appointed for expertise in economics may	107
not be a member of the general assembly, and may not have a state	108
institutional facility of the target state agency in the county in	109
which the member resides. One member shall be a member of the	110
law enforcement or health care community, appointed by the	111
governor.	112

The legislative service commission shall appoint a member of	113
the commissions' fiscal staff to provide assistance to the state	114
facilities closure commission. The officials with the duties to	115
appoint members of the commission shall make the appointments, and	116
the commission shall meet, within the time periods specified in	117
division (C)(2) of this section. The members of the commission	118
shall serve without compensation. At the commission's first	119
meeting, the members shall organize, and appoint a chairperson and	120
vice-chairperson.	121

The commission shall determine which state institutional	122
facility or facilities under the control of the target state	123
agency for which the commission was created should be closed. In	124
making this determination, the commission shall, at a minimum,	125
consider the following factors:	126

(1) Whether there is a need to reduce the number of	127
facilities;	128

(2) The availability of alternate facilities;

129

(3) The cost effectiveness of the facilities;

130

(4) The geographic factors associated with each facility and	131
its proximity to other similar facilities;	132

(5) The impact of collective bargaining on facility	133
operations;	134

(6) The utilization and maximization of resources;

135

(7) Continuity of the staff and ability to serve the facility	136
population;	137

(8) Continuing costs following closure of a facility;

138

(9) The social and economic impact of the closure on the	139
region;	140

(10) Alternatives and opportunities for consolidation with	141
other facilities.	142

The commission shall meet as often as necessary to make its	143
determination, may take testimony and consider all relevant	144
information, and shall prepare and provide in accordance with	145
division (C)(2) of this section a report containing its	146
recommendations. Upon providing the report regarding the target	147
state agency, the commission shall cease to exist, provided that	148
another commission shall be created for the same state agency if	149
the agency is made a target state agency in another report	150
provided under division (C)(1) of this section and provided that	151
another commission shall be created for a different state agency	152
if that other agency is made a target state agency in a report	153
provided under that division.	154

Sec. 107.32. Notwithstanding any other provision of law, if	155
the closure of the particular facility is authorized under section	156
107.31 of the Revised Code, the governor may terminate any	157
contract entered into under section 9.06 of the Revised Code for	158
the private operation and management of any correctional facility	159
under the control of the department of rehabilitation and	160
correction, including, but not limited to the initial intensive	161
program prison established pursuant to section 5120.033 of the	162
Revised Code as it existed prior to the effective date of this	163
section, and terminate the operation of, and close that facility.	164
If the governor terminates a contract for the private operation	165
and management of a facility, and terminates the operation of, and	166
closes, the facility as described in this section, inmates in the	167
facility shall be transferred to another correctional facility	168
under the control of the department. If the initial intensive	169
program prison is closed, divisions (G)(2)(a) and (b) of section	170
2929.13 of the Revised Code have no effect while the facility is	171
closed.	172

Sec. 109.572. (A)(1) Upon receipt of a request pursuant to	173
section 2151.86, 3301.32, 3301.541, 3319.39, 5104.012, 5104.013,	174
or 5153.111 of the Revised Code, a completed form prescribed	175
pursuant to division (C)(1) of this section, and a set of	176
fingerprint impressions obtained in the manner described in	177
division (C)(2) of this section, the superintendent of the bureau	178
of criminal identification and investigation shall conduct a	179
criminal records check in the manner described in division (B) of	180
this section to determine whether any information exists that	181
indicates that the person who is the subject of the request	182
previously has been convicted of or pleaded guilty to any of the	183
following:	184

(a) A violation of section 2903.01, 2903.02, 2903.03,	185
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	186
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,	187
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,	188
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01,	189
2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25,	190
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05,	191
2925.06, or 3716.11 of the Revised Code, felonious sexual	192
penetration in violation of former section 2907.12 of the Revised	193
Code, a violation of section 2905.04 of the Revised Code as it	194
existed prior to July 1, 1996, a violation of section 2919.23 of	195
the Revised Code that would have been a violation of section	196
2905.04 of the Revised Code as it existed prior to July 1, 1996,	197
had the violation been committed prior to that date, or a	198
violation of section 2925.11 of the Revised Code that is not a	199
minor drug possession offense;	200

(b) A violation of an existing or former law of this state,	201
any other state, or the United States that is substantially	202
equivalent to any of the offenses listed in division (A)(1)(a) of	203
this section.	204

(2) On receipt of a request pursuant to section 5123.081 of	205
the Revised Code with respect to an applicant for employment in	206
any position with the department of mental retardation and	207
developmental disabilities, pursuant to section 5126.28 of the	208
Revised Code with respect to an applicant for employment in any	209
position with a county board of mental retardation and	210
developmental disabilities, or pursuant to section 5126.281 of the	211
Revised Code with respect to an applicant for employment in a	212
direct services position with an entity contracting with a county	213
board for employment, a completed form prescribed pursuant to	214
division (C)(1) of this section, and a set of fingerprint	215
impressions obtained in the manner described in division (C)(2) of	216
this section, the superintendent of the bureau of criminal	217
identification and investigation shall conduct a criminal records	218
check. The superintendent shall conduct the criminal records check	219
in the manner described in division (B) of this section to	220
determine whether any information exists that indicates that the	221
person who is the subject of the request has been convicted of or	222
pleaded guilty to any of the following:	223

(a) A violation of section 2903.01, 2903.02, 2903.03,	224
2903.341, 2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21,	225
2903.34, 2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03,	226
2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12,	227
2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321,	228
2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12,	229
2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02,	230
2925.03, or 3716.11 of the Revised Code;	231

(b) An existing or former municipal ordinance or law of this	232
state, any other state, or the United States that is substantially	233
equivalent to any of the offenses listed in division (A)(2)(a) of	234
this section.	235

(3) On receipt of a request pursuant to section 173.41,	236
3712.09, 3721.121, or 3722.151 of the Revised Code, a completed	237
form prescribed pursuant to division (C)(1) of this section, and a	238
set of fingerprint impressions obtained in the manner described in	239
division (C)(2) of this section, the superintendent of the bureau	240
of criminal identification and investigation shall conduct a	241
criminal records check with respect to any person who has applied	242
for employment in a position that involves providing direct care	243
to an older adult. The superintendent shall conduct the criminal	244
records check in the manner described in division (B) of this	245
section to determine whether any information exists that indicates	246
that the person who is the subject of the request previously has	247
been convicted of or pleaded guilty to any of the following:	248

(a) A violation of section 2903.01, 2903.02, 2903.03,	249
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	250
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,	251
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,	252
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,	253
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,	254
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,	255
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,	256
2925.22, 2925.23, or 3716.11 of the Revised Code;	257

(b) An existing or former law of this state, any other state,	258
or the United States that is substantially equivalent to any of	259
the offenses listed in division (A)(3)(a) of this section.	260

(4) On receipt of a request pursuant to section 3701.881 of	261
the Revised Code with respect to an applicant for employment with	262
a home health agency as a person responsible for the care,	263
custody, or control of a child, a completed form prescribed	264
pursuant to division (C)(1) of this section, and a set of	265
fingerprint impressions obtained in the manner described in	266
division (C)(2) of this section, the superintendent of the bureau	267
of criminal identification and investigation shall conduct a	268
criminal records check. The superintendent shall conduct the	269
criminal records check in the manner described in division (B) of	270
this section to determine whether any information exists that	271
indicates that the person who is the subject of the request	272
previously has been convicted of or pleaded guilty to any of the	273
following:	274

(a) A violation of section 2903.01, 2903.02, 2903.03,	275
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	276
2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03, 2907.04,	277
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.21,	278
2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322,	279
2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22,	280
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03,	281
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code or a	282
violation of section 2925.11 of the Revised Code that is not a	283
minor drug possession offense;	284

(b) An existing or former law of this state, any other state,	285
or the United States that is substantially equivalent to any of	286
the offenses listed in division (A)(4)(a) of this section.	287

(5) On receipt of a request pursuant to section 3701.881 of	288
the Revised Code with respect to an applicant for employment with	289
a home health agency in a position that involves providing direct	290
care to an older adult, a completed form prescribed pursuant to	291
division (C)(1) of this section, and a set of fingerprint	292
impressions obtained in the manner described in division (C)(2) of	293
this section, the superintendent of the bureau of criminal	294
identification and investigation shall conduct a criminal records	295
check. The superintendent shall conduct the criminal records check	296
in the manner described in division (B) of this section to	297
determine whether any information exists that indicates that the	298
person who is the subject of the request previously has been	299
convicted of or pleaded guilty to any of the following:	300

(a) A violation of section 2903.01, 2903.02, 2903.03,	301
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	302
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,	303
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,	304
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,	305
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,	306
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,	307
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,	308
2925.22, 2925.23, or 3716.11 of the Revised Code;	309

(b) An existing or former law of this state, any other state,	310
or the United States that is substantially equivalent to any of	311
the offenses listed in division (A)(5)(a) of this section.	312

(6) When conducting a criminal records check upon a request	313
pursuant to section 3319.39 of the Revised Code for an applicant	314
who is a teacher, in addition to the determination made under	315
division (A)(1) of this section, the superintendent shall	316
determine whether any information exists that indicates that the	317
person who is the subject of the request previously has been	318
convicted of or pleaded guilty to any offense specified in section	319
3319.31 of the Revised Code.	320

(7) When conducting a criminal records check on a request	321
pursuant to section 2151.86 of the Revised Code for a person who	322
is a prospective foster caregiver or who is eighteen years old or	323
older and resides in the home of a prospective foster caregiver,	324
the superintendent, in addition to the determination made under	325
division (A)(1) of this section, shall determine whether any	326
information exists that indicates that the person has been	327
convicted of or pleaded guilty to a violation of:	328

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

329

(b) An existing or former law of this state, any other state,	330
or the United States that is substantially equivalent to section	331
2909.02 or 2909.03 of the Revised Code.	332

(8) Not later than thirty days after the date the	333
superintendent receives the request, completed form, and	334
fingerprint impressions, the superintendent shall send the person,	335
board, or entity that made the request any information, other than	336
information the dissemination of which is prohibited by federal	337
law, the superintendent determines exists with respect to the	338
person who is the subject of the request that indicates that the	339
person previously has been convicted of or pleaded guilty to any	340
offense listed or described in division (A)(1), (2), (3), (4),	341
(5), (6), or (7) of this section, as appropriate. The	342
superintendent shall send the person, board, or entity that made	343
the request a copy of the list of offenses specified in division	344
(A)(1), (2), (3), (4), (5), (6), or (7) of this section, as	345
appropriate. If the request was made under section 3701.881 of the	346
Revised Code with regard to an applicant who may be both	347
responsible for the care, custody, or control of a child and	348
involved in providing direct care to an older adult, the	349
superintendent shall provide a list of the offenses specified in	350
divisions (A)(4) and (5) of this section.	351

(B) The superintendent shall conduct any criminal records	352
check requested under section 173.41, 2151.86, 3301.32, 3301.541,	353
3319.39, 3701.881, 3712.09, 3721.121, 3722.151, 5104.012,	354
5104.013, 5123.081, 5126.28, 5126.281, or 5153.111 of the Revised	355
Code as follows:	356

(1) The superintendent shall review or cause to be reviewed	357
any relevant information gathered and compiled by the bureau under	358
division (A) of section 109.57 of the Revised Code that relates to	359
the person who is the subject of the request, including any	360
relevant information contained in records that have been sealed	361
under section 2953.32 of the Revised Code;	362

(2) If the request received by the superintendent asks for	363
information from the federal bureau of investigation, the	364
superintendent shall request from the federal bureau of	365
investigation any information it has with respect to the person	366
who is the subject of the request and shall review or cause to be	367
reviewed any information the superintendent receives from that	368
bureau.	369

(C)(1) The superintendent shall prescribe a form to obtain	370
the information necessary to conduct a criminal records check from	371
any person for whom a criminal records check is required by	372
section 173.41, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881,	373
3712.09, 3721.121, 3722.151, 5104.012, 5104.013, 5123.081,	374
5126.28, 5126.281, or 5153.111 of the Revised Code. The form that	375
the superintendent prescribes pursuant to this division may be in	376
a tangible format, in an electronic format, or in both tangible	377
and electronic formats.	378

(2) The superintendent shall prescribe standard impression	379
sheets to obtain the fingerprint impressions of any person for	380
whom a criminal records check is required by section 173.41,	381
2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 3721.121,	382
3722.151, 5104.012, 5104.013, 5123.081, 5126.28, 5126.281, or	383
5153.111 of the Revised Code. Any person for whom a records check	384
is required by any of those sections shall obtain the fingerprint	385
impressions at a county sheriff's office, municipal police	386
department, or any other entity with the ability to make	387
fingerprint impressions on the standard impression sheets	388
prescribed by the superintendent. The office, department, or	389
entity may charge the person a reasonable fee for making the	390
impressions. The standard impression sheets the superintendent	391
prescribes pursuant to this division may be in a tangible format,	392
in an electronic format, or in both tangible and electronic	393
formats.	394

(3) Subject to division (D) of this section, the	395
superintendent shall prescribe and charge a reasonable fee for	396
providing a criminal records check requested under section 173.41,	397
2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 3721.121,	398
3722.151, 5104.012, 5104.013, 5123.081, 5126.28, 5126.281, or	399
5153.111 of the Revised Code. The person making a criminal records	400
request under section 173.41, 2151.86, 3301.32, 3301.541, 3319.39,	401
3701.881, 3712.09, 3721.121, 3722.151, 5104.012, 5104.013,	402
5123.081, 5126.28, 5126.281, or 5153.111 of the Revised Code shall	403
pay the fee prescribed pursuant to this division. A person making	404
a request under section 3701.881 of the Revised Code for a	405
criminal records check for an applicant who may be both	406
responsible for the care, custody, or control of a child and	407
involved in providing direct care to an older adult shall pay one	408
fee for the request.	409

(4) The superintendent of the bureau of criminal	410
identification and investigation may prescribe methods of	411
forwarding fingerprint impressions and information necessary to	412
conduct a criminal records check, which methods shall include, but	413
not be limited to, an electronic method.	414

(D) A determination whether any information exists that	415
indicates that a person previously has been convicted of or	416
pleaded guilty to any offense listed or described in division	417
(A)(1)(a) or (b), (A)(2)(a) or (b), (A)(3)(a) or (b), (A)(4)(a) or	418
(b), (A)(5)(a) or (b), (A)(6), or (A)(7)(a) or (b) of this section	419
that is made by the superintendent with respect to information	420
considered in a criminal records check in accordance with this	421
section is valid for the person who is the subject of the criminal	422
records check for a period of one year from the date upon which	423
the superintendent makes the determination. During the period in	424
which the determination in regard to a person is valid, if another	425
request under this section is made for a criminal records check	426
for that person, the superintendent shall provide the information	427
that is the basis for the superintendent's initial determination	428
at a lower fee than the fee prescribed for the initial criminal	429
records check.	430

(E) As used in this section:

431

(1) "Criminal records check" means any criminal records check	432
conducted by the superintendent of the bureau of criminal	433
identification and investigation in accordance with division (B)	434
of this section.	435

(2) "Minor drug possession offense" has the same meaning as	436
in section 2925.01 of the Revised Code.	437

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

438

Sec. 313.12. (A) When any person dies as a result of criminal	439
or other violent means, by casualty, by suicide, or in any	440
suspicious or unusual manner, or when any person, including a	441
child under two years of age, dies suddenly when in apparent good	442
health, or when any mentally retarded person or developmentally	443
disabled person dies regardless of the circumstances, the	444
physician called in attendance, or any member of an ambulance	445
service, emergency squad, or law enforcement agency who obtains	446
knowledge thereof arising from histhe person's duties, shall	447
immediately notify the office of the coroner of the known facts	448
concerning the time, place, manner, and circumstances of the	449
death, and any other information whichthat is required pursuant	450
to sections 313.01 to 313.22 of the Revised Code. In such cases,	451
if a request is made for cremation, the funeral director called in	452
attendance shall immediately notify the coroner.	453

(B) As used in this section, "mentally retarded person" and	454
"developmentally disabled person" have the same meanings as in	455
section 5123.01 of the Revised Code.	456

Sec. 2108.50.  (A) AnSubject to section 2108.521 of the	457
Revised Code, an autopsy or post-mortem examination may be	458
performed upon the body of a deceased person by a licensed	459
physician or surgeon if consent has been given in the order named	460
by one of the following persons of sound mind and eighteen years	461
of age or older in a written instrument executed by the person or	462
on the person's behalf at the person's express direction:	463

(1) The deceased person during the deceased person's	464
lifetime;	465

(2) The decedent's spouse;

466

(3) If there is no surviving spouse, if the address of the	467
surviving spouse is unknown or outside the United States, if the	468
surviving spouse is physically or mentally unable or incapable of	469
giving consent, or if the deceased person was separated and living	470
apart from such surviving spouse, then a person having the first	471
named degree of relationship in the following list in which a	472
relative of the deceased person survives and is physically and	473
mentally able and capable of giving consent may execute consent:	474

(a) Children;

475

(b) Parents;

476

(c) Brothers or sisters.

477

(4) If there are no surviving persons of any degree of	478
relationship listed in division (A)(3) of this section, any other	479
relative or person who assumes custody of the body for burial.;	480

(5) A person authorized by written instrument executed by the	481
deceased person to make arrangements for burial.;	482

(6) A person who, at the time of death of the deceased	483
person, was serving as guardian of the person for the deceased	484
person.	485

(B) Consent to an autopsy or post-mortem examination given	486
under this section may be revoked only by the person executing the	487
consent and in the same manner as required for execution of	488
consent under this section.	489

(C) As used in this section, "written instrument" includes a	490
telegram or cablegram.	491

Sec. 2108.521.  (A) If a mentally retarded person or a	492
developmentally disabled person dies, if the department of mental	493
retardation and developmental disabilities or a county board of	494
mental retardation and developmental disabilities has a good faith	495
reason to believe that the deceased person's death occurred under	496
suspicious circumstances, if the coroner was apprised of the	497
circumstances of the death, and if the coroner after being so	498
apprised of the circumstances declines to conduct an autopsy, the	499
department or the board may file a petition in a court of common	500
pleas seeking an order authorizing an autopsy or post-mortem	501
examination under this section.	502

(B) Upon the filing of a petition under division (A) of this	503
section, the court may conduct, but is not required to conduct, a	504
hearing on the petition. The court may determine whether to grant	505
the petition without a hearing. The department or board, and all	506
other interested parties, may submit information and statements to	507
the court that are relevant to the petition, and, if the court	508
conducts a hearing, may present evidence and testimony at the	509
hearing. The court shall order the requested autopsy or	510
post-mortem examination if it finds that, under the circumstances,	511
the department or board has demonstrated a need for the autopsy or	512
post-mortem examination. The court shall order an autopsy or	513
post-mortem examination in the circumstances specified in this	514
division regardless of whether any consent has been given, or has	515
been given and withdrawn, under section 2108.50 of the Revised	516
Code, and regardless of whether any information was presented to	517
the coroner pursuant to section 313.131 of the Revised Code or to	518
the court under this section regarding an autopsy being contrary	519
to the deceased person's religious beliefs.	520

(C) An autopsy or post-mortem examination ordered under this	521
section may be performed upon the body of the deceased person by a	522
licensed physician or surgeon. The court may identify in the order	523
the person who is to perform the autopsy or post-mortem	524
examination. If an autopsy or post-mortem examination is ordered	525
under this section, the department or board that requested the	526
autopsy or examination shall pay the physician or surgeon who	527
performs the autopsy or examination for costs and expenses	528
incurred in performing the autopsy or examination.	529

Sec. 2151.421.  (A)(1)(a) No person described in division	530
(A)(1)(b) of this section who is acting in an official or	531
professional capacity and knows or suspects that a child under	532
eighteen years of age or a mentally retarded, developmentally	533
disabled, or physically impaired child under twenty-one years of	534
age has suffered or faces a threat of suffering any physical or	535
mental wound, injury, disability, or condition of a nature that	536
reasonably indicates abuse or neglect of the child, shall fail to	537
immediately report that knowledge or suspicion to the entity or	538
persons specified in this division. Except as provided in section	539
5120.173 of the Revised Code, the person making the report shall	540
make it to the public children services agency or a municipal or	541
county peace officer in the county in which the child resides or	542
in which the abuse or neglect is occurring or has occurred. In the	543
circumstances described in section 5120.173 of the Revised Code,	544
the person making the report shall make it to the entity specified	545
in that section.	546

(b) Division (A)(1)(a) of this section applies to any person	547
who is an attorney; physician, including a hospital intern or	548
resident; dentist; podiatrist; practitioner of a limited branch of	549
medicine as specified in section 4731.15 of the Revised Code;	550
registered nurse; licensed practical nurse; visiting nurse; other	551
health care professional; licensed psychologist; licensed school	552
psychologist; independent marriage and family therapist or	553
marriage and family therapist; speech pathologist or audiologist;	554
coroner; administrator or employee of a child day-care center;	555
administrator or employee of a residential camp or child day camp;	556
administrator or employee of a certified child care agency or	557
other public or private children services agency; school teacher;	558
school employee; school authority; person engaged in social work	559
or the practice of professional counseling; agent of a county	560
humane society; or a person rendering spiritual treatment through	561
prayer in accordance with the tenets of a well-recognized	562
religion; superintendent, board member, or employee of a county	563
board of mental retardation; investigative agent contracted with	564
by a county board of mental retardation; or employee of the	565
department of mental retardation and developmental disabilities.	566

(2) An attorney or a physician is not required to make a	567
report pursuant to division (A)(1) of this section concerning any	568
communication the attorney or physician receives from a client or	569
patient in an attorney-client or physician-patient relationship,	570
if, in accordance with division (A) or (B) of section 2317.02 of	571
the Revised Code, the attorney or physician could not testify with	572
respect to that communication in a civil or criminal proceeding,	573
except that the client or patient is deemed to have waived any	574
testimonial privilege under division (A) or (B) of section 2317.02	575
of the Revised Code with respect to that communication and the	576
attorney or physician shall make a report pursuant to division	577
(A)(1) of this section with respect to that communication, if all	578
of the following apply:	579

(a) The client or patient, at the time of the communication,	580
is either a child under eighteen years of age or a mentally	581
retarded, developmentally disabled, or physically impaired person	582
under twenty-one years of age.	583

(b) The attorney or physician knows or suspects, as a result	584
of the communication or any observations made during that	585
communication, that the client or patient has suffered or faces a	586
threat of suffering any physical or mental wound, injury,	587
disability, or condition of a nature that reasonably indicates	588
abuse or neglect of the client or patient.	589

(c) The attorney-client or physician-patient relationship	590
does not arise out of the client's or patient's attempt to have an	591
abortion without the notification of her parents, guardian, or	592
custodian in accordance with section 2151.85 of the Revised Code.	593

(B) Anyone, who knows or suspects that a child under eighteen	594
years of age or a mentally retarded, developmentally disabled, or	595
physically impaired person under twenty-one years of age has	596
suffered or faces a threat of suffering any physical or mental	597
wound, injury, disability, or other condition of a nature that	598
reasonably indicates abuse or neglect of the child may report or	599
cause reports to be made of that knowledge or suspicion to the	600
entity or persons specified in this division. Except as provided	601
in section 5120.173 of the Revised Code, a person making a report	602
or causing a report to be made under this division shall make it	603
or cause it to be made to the public children services agency or	604
to a municipal or county peace officer. In the circumstances	605
described in section 5120.173 of the Revised Code, a person making	606
a report or causing a report to be made under this division shall	607
make it or cause it to be made to the entity specified in that	608
section.	609

(C) Any report made pursuant to division (A) or (B) of this	610
section shall be made forthwith either by telephone or in person	611
and shall be followed by a written report, if requested by the	612
receiving agency or officer. The written report shall contain:	613

(1) The names and addresses of the child and the child's	614
parents or the person or persons having custody of the child, if	615
known;	616

(2) The child's age and the nature and extent of the child's	617
known or suspected injuries, abuse, or neglect or of the known or	618
suspected threat of injury, abuse, or neglect, including any	619
evidence of previous injuries, abuse, or neglect;	620

(3) Any other information that might be helpful in	621
establishing the cause of the known or suspected injury, abuse, or	622
neglect or of the known or suspected threat of injury, abuse, or	623
neglect.	624

Any person, who is required by division (A) of this section	625
to report known or suspected child abuse or child neglect, may	626
take or cause to be taken color photographs of areas of trauma	627
visible on a child and, if medically indicated, cause to be	628
performed radiological examinations of the child.	629

(D)(1) When a municipal or county peace officer receives a	630
report concerning the possible abuse or neglect of a child or the	631
possible threat of abuse or neglect of a child, upon receipt of	632
the report, the municipal or county peace officer who receives the	633
report shall refer the report to the appropriate public children	634
services agency.	635

(2) When a public children services agency receives a report	636
pursuant to this division or division (A) or (B) of this section,	637
upon receipt of the report, the public children services agency	638
shall comply with section 2151.422 of the Revised Code.	639

(E) No township, municipal, or county peace officer shall	640
remove a child about whom a report is made pursuant to this	641
section from the child's parents, stepparents, or guardian or any	642
other persons having custody of the child without consultation	643
with the public children services agency, unless, in the judgment	644
of the officer, and, if the report was made by physician, the	645
physician, immediate removal is considered essential to protect	646
the child from further abuse or neglect. The agency that must be	647
consulted shall be the agency conducting the investigation of the	648
report as determined pursuant to section 2151.422 of the Revised	649
Code.	650

(F)(1) Except as provided in section 2151.422 of the Revised	651
Code, the public children services agency shall investigate,	652
within twenty-four hours, each report of known or suspected child	653
abuse or child neglect and of a known or suspected threat of child	654
abuse or child neglect that is referred to it under this section	655
to determine the circumstances surrounding the injuries, abuse, or	656
neglect or the threat of injury, abuse, or neglect, the cause of	657
the injuries, abuse, neglect, or threat, and the person or persons	658
responsible. The investigation shall be made in cooperation with	659
the law enforcement agency and in accordance with the memorandum	660
of understanding prepared under division (J) of this section. A	661
failure to make the investigation in accordance with the	662
memorandum is not grounds for, and shall not result in, the	663
dismissal of any charges or complaint arising from the report or	664
the suppression of any evidence obtained as a result of the report	665
and does not give, and shall not be construed as giving, any	666
rights or any grounds for appeal or post-conviction relief to any	667
person. The public children services agency shall report each case	668
to a central registry which the department of job and family	669
services shall maintain in order to determine whether prior	670
reports have been made in other counties concerning the child or	671
other principals in the case. The public children services agency	672
shall submit a report of its investigation, in writing, to the law	673
enforcement agency.	674

(2) The public children services agency shall make any	675
recommendations to the county prosecuting attorney or city	676
director of law that it considers necessary to protect any	677
children that are brought to its attention.	678

(G)(1)(a) Except as provided in division (H)(3) of this	679
section, anyone or any hospital, institution, school, health	680
department, or agency participating in the making of reports under	681
division (A) of this section, anyone or any hospital, institution,	682
school, health department, or agency participating in good faith	683
in the making of reports under division (B) of this section, and	684
anyone participating in good faith in a judicial proceeding	685
resulting from the reports, shall be immune from any civil or	686
criminal liability for injury, death, or loss to person or	687
property that otherwise might be incurred or imposed as a result	688
of the making of the reports or the participation in the judicial	689
proceeding.	690

(b) Notwithstanding section 4731.22 of the Revised Code, the	691
physician-patient privilege shall not be a ground for excluding	692
evidence regarding a child's injuries, abuse, or neglect, or the	693
cause of the injuries, abuse, or neglect in any judicial	694
proceeding resulting from a report submitted pursuant to this	695
section.	696

(2) In any civil or criminal action or proceeding in which it	697
is alleged and proved that participation in the making of a report	698
under this section was not in good faith or participation in a	699
judicial proceeding resulting from a report made under this	700
section was not in good faith, the court shall award the	701
prevailing party reasonable attorney's fees and costs and, if a	702
civil action or proceeding is voluntarily dismissed, may award	703
reasonable attorney's fees and costs to the party against whom the	704
civil action or proceeding is brought.	705

(H)(1) Except as provided in divisions (H)(4), (M), and (N)	706
of this section, a report made under this section is confidential.	707
The information provided in a report made pursuant to this section	708
and the name of the person who made the report shall not be	709
released for use, and shall not be used, as evidence in any civil	710
action or proceeding brought against the person who made the	711
report. In a criminal proceeding, the report is admissible in	712
evidence in accordance with the Rules of Evidence and is subject	713
to discovery in accordance with the Rules of Criminal Procedure.	714

(2) No person shall permit or encourage the unauthorized	715
dissemination of the contents of any report made under this	716
section.	717

(3) A person who knowingly makes or causes another person to	718
make a false report under division (B) of this section that	719
alleges that any person has committed an act or omission that	720
resulted in a child being an abused child or a neglected child is	721
guilty of a violation of section 2921.14 of the Revised Code.	722

(4) If a report is made pursuant to division (A) or (B) of	723
this section and the child who is the subject of the report dies	724
for any reason at any time after the report is made, but before	725
the child attains eighteen years of age, the public children	726
services agency or municipal or county peace officer to which the	727
report was made or referred, on the request of the child fatality	728
review board, shall submit a summary sheet of information	729
providing a summary of the report to the review board of the	730
county in which the deceased child resided at the time of death.	731
On the request of the review board, the agency or peace officer	732
may, at its discretion, make the report available to the review	733
board.	734

(5) A public children services agency shall advise a person	735
alleged to have inflicted abuse or neglect on a child who is the	736
subject of a report made pursuant to this section in writing of	737
the disposition of the investigation. The agency shall not provide	738
to the person any information that identifies the person who made	739
the report, statements of witnesses, or police or other	740
investigative reports.	741

(I) Any report that is required by this section, other than a	742
report that is made to the state highway patrol as described in	743
section 5120.173 of the Revised Code, shall result in protective	744
services and emergency supportive services being made available by	745
the public children services agency on behalf of the children	746
about whom the report is made, in an effort to prevent further	747
neglect or abuse, to enhance their welfare, and, whenever	748
possible, to preserve the family unit intact. The agency required	749
to provide the services shall be the agency conducting the	750
investigation of the report pursuant to section 2151.422 of the	751
Revised Code.	752

(J)(1) Each public children services agency shall prepare a	753
memorandum of understanding that is signed by all of the	754
following:	755

(a) If there is only one juvenile judge in the county, the	756
juvenile judge of the county or the juvenile judge's	757
representative;	758

(b) If there is more than one juvenile judge in the county, a	759
juvenile judge or the juvenile judges' representative selected by	760
the juvenile judges or, if they are unable to do so for any	761
reason, the juvenile judge who is senior in point of service or	762
the senior juvenile judge's representative;	763

(c) The county peace officer;

764

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

765

(e) Other law enforcement officers handling child abuse and	766
neglect cases in the county;	767

(f) The prosecuting attorney of the county;

768

(g) If the public children services agency is not the county	769
department of job and family services, the county department of	770
job and family services;	771

(h) The county humane society.

772

(2) A memorandum of understanding shall set forth the normal	773
operating procedure to be employed by all concerned officials in	774
the execution of their respective responsibilities under this	775
section and division (C) of section 2919.21, division (B)(1) of	776
section 2919.22, division (B) of section 2919.23, and section	777
2919.24 of the Revised Code and shall have as two of its primary	778
goals the elimination of all unnecessary interviews of children	779
who are the subject of reports made pursuant to division (A) or	780
(B) of this section and, when feasible, providing for only one	781
interview of a child who is the subject of any report made	782
pursuant to division (A) or (B) of this section. A failure to	783
follow the procedure set forth in the memorandum by the concerned	784
officials is not grounds for, and shall not result in, the	785
dismissal of any charges or complaint arising from any reported	786
case of abuse or neglect or the suppression of any evidence	787
obtained as a result of any reported child abuse or child neglect	788
and does not give, and shall not be construed as giving, any	789
rights or any grounds for appeal or post-conviction relief to any	790
person.	791

(3) A memorandum of understanding shall include all of the	792
following:	793

(a) The roles and responsibilities for handling emergency and	794
nonemergency cases of abuse and neglect;	795

(b) Standards and procedures to be used in handling and	796
coordinating investigations of reported cases of child abuse and	797
reported cases of child neglect, methods to be used in	798
interviewing the child who is the subject of the report and who	799
allegedly was abused or neglected, and standards and procedures	800
addressing the categories of persons who may interview the child	801
who is the subject of the report and who allegedly was abused or	802
neglected.	803

(K)(1) Except as provided in division (K)(4) of this section,	804
a person who is required to make a report pursuant to division (A)	805
of this section may make a reasonable number of requests of the	806
public children services agency that receives or is referred the	807
report to be provided with the following information:	808

(a) Whether the agency has initiated an investigation of the	809
report;	810

(b) Whether the agency is continuing to investigate the	811
report;	812

(c) Whether the agency is otherwise involved with the child	813
who is the subject of the report;	814

(d) The general status of the health and safety of the child	815
who is the subject of the report;	816

(e) Whether the report has resulted in the filing of a	817
complaint in juvenile court or of criminal charges in another	818
court.	819

(2) A person may request the information specified in	820
division (K)(1) of this section only if, at the time the report is	821
made, the person's name, address, and telephone number are	822
provided to the person who receives the report.	823

When a municipal or county peace officer or employee of a	824
public children services agency receives a report pursuant to	825
division (A) or (B) of this section the recipient of the report	826
shall inform the person of the right to request the information	827
described in division (K)(1) of this section. The recipient of the	828
report shall include in the initial child abuse or child neglect	829
report that the person making the report was so informed and, if	830
provided at the time of the making of the report, shall include	831
the person's name, address, and telephone number in the report.	832

Each request is subject to verification of the identity of	833
the person making the report. If that person's identity is	834
verified, the agency shall provide the person with the information	835
described in division (K)(1) of this section a reasonable number	836
of times, except that the agency shall not disclose any	837
confidential information regarding the child who is the subject of	838
the report other than the information described in those	839
divisions.	840

(3) A request made pursuant to division (K)(1) of this	841
section is not a substitute for any report required to be made	842
pursuant to division (A) of this section.	843

(4) If an agency other than the agency that received or was	844
referred the report is conducting the investigation of the report	845
pursuant to section 2151.422 of the Revised Code, the agency	846
conducting the investigation shall comply with the requirements of	847
division (K) of this section.	848

(L) The director of job and family services shall adopt rules	849
in accordance with Chapter 119. of the Revised Code to implement	850
this section. The department of job and family services may enter	851
into a plan of cooperation with any other governmental entity to	852
aid in ensuring that children are protected from abuse and	853
neglect. The department shall make recommendations to the attorney	854
general that the department determines are necessary to protect	855
children from child abuse and child neglect.	856

(M) No later than the end of the day following the day on	857
which a public children services agency receives a report of	858
alleged child abuse or child neglect, or a report of an alleged	859
threat of child abuse or child neglect, that allegedly occurred in	860
or involved an out-of-home care entity, the agency shall provide	861
written notice of the allegations contained in and the person	862
named as the alleged perpetrator in the report to the	863
administrator, director, or other chief administrative officer of	864
the out-of-home care entity that is the subject of the report	865
unless the administrator, director, or other chief administrative	866
officer is named as an alleged perpetrator in the report. If the	867
administrator, director, or other chief administrative officer of	868
an out-of-home care entity is named as an alleged perpetrator in a	869
report of alleged child abuse or child neglect, or a report of an	870
alleged threat of child abuse or child neglect, that allegedly	871
occurred in or involved the out-of-home care entity, the agency	872
shall provide the written notice to the owner or governing board	873
of the out-of-home care entity that is the subject of the report.	874
The agency shall not provide witness statements or police or other	875
investigative reports.	876

(N) No later than three days after the day on which a public	877
children services agency that conducted the investigation as	878
determined pursuant to section 2151.422 of the Revised Code makes	879
a disposition of an investigation involving a report of alleged	880
child abuse or child neglect, or a report of an alleged threat of	881
child abuse or child neglect, that allegedly occurred in or	882
involved an out-of-home care entity, the agency shall send written	883
notice of the disposition of the investigation to the	884
administrator, director, or other chief administrative officer and	885
the owner or governing board of the out-of-home care entity. The	886
agency shall not provide witness statements or police or other	887
investigative reports.	888

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

889

(1) "Mentally retarded person" and "developmentally disabled	890
person" have the same meanings as in section 5123.01 of the	891
Revised Code.	892

(2) "Mentally retarded or developmentally disabled victim"	893
includes any of the following persons:	894

(a) A mentally retarded person or developmentally disabled	895
person who was a victim of a violation identified in division	896
(B)(1) of this section or an act that would be an offense of	897
violence if committed by an adult;	898

(b) A mentally retarded person or developmentally disabled	899
person against whom was directed any conduct that constitutes, or	900
that is an element of, a violation identified in division (B)(1)	901
of this section or an act that would be an offense of violence if	902
committed by an adult.	903

(B)(1) In any proceeding in juvenile court involving a	904
complaint, indictment, or information in which a child is charged	905
with a violation of section 2903.16, 2903.34, 2903.341, 2907.02,	906
2907.03, 2907.05, 2907.21, 2907.23, 2907.24, 2907.32, 2907.321,	907
2907.322, or 2907.323 of the Revised Code or an act that would be	908
an offense of violence if committed by an adult and in which an	909
alleged victim of the violation or act was a mentally retarded	910
person or developmentally disabled person, the juvenile judge,	911
upon motion of the prosecution, shall order that the testimony of	912
the mentally retarded or developmentally disabled victim be taken	913
by deposition. The prosecution also may request that the	914
deposition be videotaped in accordance with division (B)(2) of	915
this section. The judge shall notify the mentally retarded or	916
developmentally disabled victim whose deposition is to be taken,	917
the prosecution, and the attorney for the child who is charged	918
with the violation or act of the date, time, and place for taking	919
the deposition. The notice shall identify the mentally retarded or	920
developmentally disabled victim who is to be examined and shall	921
indicate whether a request that the deposition be videotaped has	922
been made. The child who is charged with the violation or act	923
shall have the right to attend the deposition and the right to be	924
represented by counsel. Depositions shall be taken in the manner	925
provided in civil cases, except that the judge in the proceeding	926
shall preside at the taking of the deposition and shall rule at	927
that time on any objections of the prosecution or the attorney for	928
the child charged with the violation or act. The prosecution and	929
the attorney for the child charged with the violation or act shall	930
have the right, as at an adjudication hearing, to full examination	931
and cross-examination of the mentally retarded or developmentally	932
disabled victim whose deposition is to be taken.	933

If a deposition taken under this division is intended to be	934
offered as evidence in the proceeding, it shall be filed in the	935
juvenile court in which the action is pending and is admissible in	936
the manner described in division (C) of this section. If a	937
deposition of a mentally retarded or developmentally disabled	938
victim taken under this division is admitted as evidence at the	939
proceeding under division (C) of this section, the mentally	940
retarded or developmentally disabled victim shall not be required	941
to testify in person at the proceeding.	942

At any time before the conclusion of the proceeding, the	943
attorney for the child charged with the violation or act may file	944
a motion with the judge requesting that another deposition of the	945
mentally retarded or developmentally disabled victim be taken	946
because new evidence material to the defense of the child charged	947
has been discovered that the attorney for the child charged could	948
not with reasonable diligence have discovered prior to the taking	949
of the admitted deposition. Any motion requesting another	950
deposition shall be accompanied by supporting affidavits. Upon the	951
filing of the motion and affidavits, the court may order that	952
additional testimony of the mentally retarded or developmentally	953
disabled victim relative to the new evidence be taken by another	954
deposition. If the court orders the taking of another deposition	955
under this provision, the deposition shall be taken in accordance	956
with this division. If the admitted deposition was a videotaped	957
deposition taken in accordance with division (B)(2) of this	958
section, the new deposition also shall be videotaped in accordance	959
with that division. In other cases, the new deposition may be	960
videotaped in accordance with that division.	961

(2) If the prosecution requests that a deposition to be taken	962
under division (B)(1) of this section be videotaped, the juvenile	963
judge shall order that the deposition be videotaped in accordance	964
with this division. If a juvenile judge issues an order to video	965
tape the deposition, the judge shall exclude from the room in	966
which the deposition is to be taken every person except the	967
mentally retarded or developmentally disabled victim giving the	968
testimony, the judge, one or more interpreters if needed, the	969
attorneys for the prosecution and the child who is charged with	970
the violation or act, any person needed to operate the equipment	971
to be used, one person chosen by the mentally retarded or	972
developmentally disabled victim giving the deposition, and any	973
person whose presence the judge determines would contribute to the	974
welfare and well-being of the mentally retarded or developmentally	975
disabled victim giving the deposition. The person chosen by the	976
mentally retarded or developmentally disabled victim shall not be	977
a witness in the proceeding and, both before and during the	978
deposition, shall not discuss the testimony of the victim with any	979
other witness in the proceeding. To the extent feasible, any	980
person operating the recording equipment shall be restricted to a	981
room adjacent to the room in which the deposition is being taken,	982
or to a location in the room in which the deposition is being	983
taken that is behind a screen or mirror so that the person	984
operating the recording equipment can see and hear, but cannot be	985
seen or heard by, the mentally retarded or developmentally	986
disabled victim giving the deposition during the deposition.	987

The child who is charged with the violation or act shall be	988
permitted to observe and hear the testimony of the mentally	989
retarded or developmentally disabled victim giving the deposition	990
on a monitor, shall be provided with an electronic means of	991
immediate communication with the attorney of the child who is	992
charged with the violation or act during the testimony, and shall	993
be restricted to a location from which the child who is charged	994
with the violation or act cannot be seen or heard by the mentally	995
retarded or developmentally disabled victim giving the deposition,	996
except on a monitor provided for that purpose. The mentally	997
retarded or developmentally disabled victim giving the deposition	998
shall be provided with a monitor on which the mentally retarded or	999
developmentally disabled victim can observe, while giving	1000
testimony, the child who is charged with the violation or act. The	1001
judge, at the judge's discretion, may preside at the deposition by	1002
electronic means from outside the room in which the deposition is	1003
to be taken; if the judge presides by electronic means, the judge	1004
shall be provided with monitors on which the judge can see each	1005
person in the room in which the deposition is to be taken and with	1006
an electronic means of communication with each person in that	1007
room, and each person in the room shall be provided with a monitor	1008
on which that person can see the judge and with an electronic	1009
means of communication with the judge. A deposition that is	1010
videotaped under this division shall be taken and filed in the	1011
manner described in division (B)(1) of this section and is	1012
admissible in the manner described in this division and division	1013
(C) of this section. If a deposition that is videotaped under this	1014
division is admitted as evidence at the proceeding, the mentally	1015
retarded or developmentally disabled victim shall not be required	1016
to testify in person at the proceeding. No deposition videotaped	1017
under this division shall be admitted as evidence at any	1018
proceeding unless division (C) of this section is satisfied	1019
relative to the deposition and all of the following apply relative	1020
to the recording:	1021

(a) The recording is both aural and visual and is recorded on	1022
film or videotape, or by other electronic means.	1023

(b) The recording is authenticated under the Rules of	1024
Evidence and the Rules of Criminal Procedure as a fair and	1025
accurate representation of what occurred, and the recording is not	1026
altered other than at the direction and under the supervision of	1027
the judge in the proceeding.	1028

(c) Each voice on the recording that is material to the	1029
testimony on the recording or the making of the recording, as	1030
determined by the judge, is identified.	1031

(d) Both the prosecution and the child who is charged with	1032
the violation or act are afforded an opportunity to view the	1033
recording before it is shown in the proceeding.	1034

(C)(1) At any proceeding in relation to which a deposition	1035
was taken under division (B) of this section, the deposition or a	1036
part of it is admissible in evidence upon motion of the	1037
prosecution if the testimony in the deposition or the part to be	1038
admitted is not excluded by the hearsay rule and if the deposition	1039
or the part to be admitted otherwise is admissible under the Rules	1040
of Evidence. For purposes of this division, testimony is not	1041
excluded by the hearsay rule if the testimony is not hearsay under	1042
Evidence Rule 801; the testimony is within an exception to the	1043
hearsay rule set forth in Evidence Rule 803; the mentally retarded	1044
or developmentally disabled victim who gave the testimony is	1045
unavailable as a witness, as defined in Evidence Rule 804, and the	1046
testimony is admissible under that rule; or both of the following	1047
apply:	1048

(a) The child who is charged with the violation or act had an	1049
opportunity and similar motive at the time of the taking of the	1050
deposition to develop the testimony by direct, cross, or redirect	1051
examination.	1052

(b) The judge determines that there is reasonable cause to	1053
believe that, if the mentally retarded or developmentally disabled	1054
victim who gave the testimony in the deposition were to testify in	1055
person at the proceeding, the mentally retarded or developmentally	1056
disabled victim would experience serious emotional trauma as a	1057
result of the mentally retarded or developmentally disabled	1058
victim's participation at the proceeding.	1059

(2) Objections to receiving in evidence a deposition or a	1060
part of it under division (C) of this section shall be made as	1061
provided in civil actions.	1062

(3) The provisions of divisions (B) and (C) of this section	1063
are in addition to any other provisions of the Revised Code, the	1064
Rules of Juvenile Procedure, the Rules of Criminal Procedure, or	1065
the Rules of Evidence that pertain to the taking or admission of	1066
depositions in a juvenile court proceeding and do not limit the	1067
admissibility under any of those other provisions of any	1068
deposition taken under division (B) of this section or otherwise	1069
taken.	1070

(D) In any proceeding in juvenile court involving a	1071
complaint, indictment, or information in which a child is charged	1072
with a violation listed in division (B)(1) of this section or an	1073
act that would be an offense of violence if committed by an adult	1074
and in which an alleged victim of the violation or offense was a	1075
mentally retarded or developmentally disabled person, the	1076
prosecution may file a motion with the juvenile judge requesting	1077
the judge to order the testimony of the mentally retarded or	1078
developmentally disabled victim to be taken in a room other than	1079
the room in which the proceeding is being conducted and be	1080
televised, by closed circuit equipment, into the room in which the	1081
proceeding is being conducted to be viewed by the child who is	1082
charged with the violation or act and any other persons who are	1083
not permitted in the room in which the testimony is to be taken	1084
but who would have been present during the testimony of the	1085
mentally retarded or developmentally disabled victim had it been	1086
given in the room in which the proceeding is being conducted.	1087
Except for good cause shown, the prosecution shall file a motion	1088
under this division at least seven days before the date of the	1089
proceeding. The juvenile judge may issue the order upon the motion	1090
of the prosecution filed under this division, if the judge	1091
determines that the mentally retarded or developmentally disabled	1092
victim is unavailable to testify in the room in which the	1093
proceeding is being conducted in the physical presence of the	1094
child charged with the violation or act for one or more of the	1095
reasons set forth in division (F) of this section. If a juvenile	1096
judge issues an order of that nature, the judge shall exclude from	1097
the room in which the testimony is to be taken every person except	1098
a person described in division (B)(2) of this section. The judge,	1099
at the judge's discretion, may preside during the giving of the	1100
testimony by electronic means from outside the room in which it is	1101
being given, subject to the limitations set forth in division	1102
(B)(2) of this section. To the extent feasible, any person	1103
operating the televising equipment shall be hidden from the sight	1104
and hearing of the mentally retarded or developmentally disabled	1105
victim giving the testimony, in a manner similar to that described	1106
in division (B)(2) of this section. The child who is charged with	1107
the violation or act shall be permitted to observe and hear the	1108
testimony of the mentally retarded or developmentally disabled	1109
victim giving the testimony on a monitor, shall be provided with	1110
an electronic means of immediate communication with the attorney	1111
of the child who is charged with the violation or act during the	1112
testimony, and shall be restricted to a location from which the	1113
child who is charged with the violation or act cannot be seen or	1114
heard by the mentally retarded or developmentally disabled victim	1115
giving the testimony, except on a monitor provided for that	1116
purpose. The mentally retarded or developmentally disabled victim	1117
giving the testimony shall be provided with a monitor on which the	1118
mentally retarded or developmentally disabled victim can observe,	1119
while giving testimony, the child who is charged with the	1120
violation or act.	1121

(E) In any proceeding in juvenile court involving a	1122
complaint, indictment, or information in which a child is charged	1123
with a violation listed in division (B)(1) of this section or an	1124
act that would be an offense of violence if committed by an adult	1125
and in which an alleged victim of the violation or offense was a	1126
mentally retarded or developmentally disabled person, the	1127
prosecution may file a motion with the juvenile judge requesting	1128
the judge to order the testimony of the mentally retarded or	1129
developmentally disabled victim to be taken outside of the room in	1130
which the proceeding is being conducted and be recorded for	1131
showing in the room in which the proceeding is being conducted	1132
before the judge, the child who is charged with the violation or	1133
act, and any other persons who would have been present during the	1134
testimony of the mentally retarded or developmentally disabled	1135
victim had it been given in the room in which the proceeding is	1136
being conducted. Except for good cause shown, the prosecution	1137
shall file a motion under this division at least seven days before	1138
the date of the proceeding. The juvenile judge may issue the order	1139
upon the motion of the prosecution filed under this division, if	1140
the judge determines that the mentally retarded or developmentally	1141
disabled victim is unavailable to testify in the room in which the	1142
proceeding is being conducted in the physical presence of the	1143
child charged with the violation or act, due to one or more of the	1144
reasons set forth in division (F) of this section. If a juvenile	1145
judge issues an order of that nature, the judge shall exclude from	1146
the room in which the testimony is to be taken every person except	1147
a person described in division (B)(2) of this section. To the	1148
extent feasible, any person operating the recording equipment	1149
shall be hidden from the sight and hearing of the mentally	1150
retarded or developmentally disabled victim giving the testimony,	1151
in a manner similar to that described in division (B)(2) of this	1152
section. The child who is charged with the violation or act shall	1153
be permitted to observe and hear the testimony of the mentally	1154
retarded or developmentally disabled victim giving the testimony	1155
on a monitor, shall be provided with an electronic means of	1156
immediate communication with the attorney of the child who is	1157
charged with the violation or act during the testimony, and shall	1158
be restricted to a location from which the child who is charged	1159
with the violation or act cannot be seen or heard by the mentally	1160
retarded or developmentally disabled victim giving the testimony,	1161
except on a monitor provided for that purpose. The mentally	1162
retarded or developmentally disabled victim giving the testimony	1163
shall be provided with a monitor on which the mentally retarded or	1164
developmentally disabled victim can observe, while giving	1165
testimony, the child who is charged with the violation or act. No	1166
order for the taking of testimony by recording shall be issued	1167
under this division unless the provisions set forth in divisions	1168
(B)(2)(a), (b), (c), and (d) of this section apply to the	1169
recording of the testimony.	1170

(F) For purposes of divisions (D) and (E) of this section, a	1171
juvenile judge may order the testimony of a mentally retarded or	1172
developmentally disabled victim to be taken outside of the room in	1173
which a proceeding is being conducted if the judge determines that	1174
the mentally retarded or developmentally disabled victim is	1175
unavailable to testify in the room in the physical presence of the	1176
child charged with the violation or act due to one or more of the	1177
following circumstances:	1178

(1) The persistent refusal of the mentally retarded or	1179
developmentally disabled victim to testify despite judicial	1180
requests to do so;	1181

(2) The inability of the mentally retarded or developmentally	1182
disabled victim to communicate about the alleged violation or	1183
offense because of extreme fear, failure of memory, or another	1184
similar reason;	1185

(3) The substantial likelihood that the mentally retarded or	1186
developmentally disabled victim will suffer serious emotional	1187
trauma from so testifying.	1188

(G)(1) If a juvenile judge issues an order pursuant to	1189
division (D) or (E) of this section that requires the testimony of	1190
a mentally retarded or developmentally disabled victim in a	1191
juvenile court proceeding to be taken outside of the room in which	1192
the proceeding is being conducted, the order shall specifically	1193
identify the mentally retarded or developmentally disabled victim	1194
to whose testimony it applies, the order applies only during the	1195
testimony of the specified mentally retarded or developmentally	1196
disabled victim, and the mentally retarded or developmentally	1197
disabled victim giving the testimony shall not be required to	1198
testify at the proceeding other than in accordance with the order.	1199
The authority of a judge to close the taking of a deposition under	1200
division (B)(2) of this section or a proceeding under division (D)	1201
or (E) of this section is in addition to the authority of a judge	1202
to close a hearing pursuant to section 2151.35 of the Revised	1203
Code.	1204

(2) A juvenile judge who makes any determination regarding	1205
the admissibility of a deposition under divisions (B) and (C) of	1206
this section, the videotaping of a deposition under division	1207
(B)(2) of this section, or the taking of testimony outside of the	1208
room in which a proceeding is being conducted under division (D)	1209
or (E) of this section shall enter the determination and findings	1210
on the record in the proceeding.	1211

Sec. 2311.14.  (A)(1) Whenever because of a hearing, speech,	1212
or other impairment a party to or witness in a legal proceeding	1213
cannot readily understand or communicate, the court shall appoint	1214
a qualified interpreter to assist such person. Before appointing	1215
any interpreter under this division for a party or witness who is	1216
a mentally retarded person or developmentally disabled person, the	1217
court shall evaluate the qualifications of the interpreter and	1218
shall make a determination as to the ability of the interpreter to	1219
effectively interpret on behalf of the party or witness that the	1220
interpreter will assist, and the court may appoint the interpreter	1221
only if the court is satisfied that the interpreter is able to	1222
effectively interpret on behalf of that party or witness.	1223

(2) This section is not limited to a person who speaks a	1224
language other than English. It also applies to the language and	1225
descriptions of any mentally retarded person or developmentally	1226
disabled person who cannot be reasonably understood, or who cannot	1227
understand questioning, without the aid of an interpreter. The	1228
interpreter may aid the parties in formulating methods of	1229
questioning the person with mental retardation or a developmental	1230
disability and in interpreting the answers of the person.	1231

(B) Before entering upon hisofficial duties, the interpreter	1232
shall take an oath that hethe interpreter will make a true	1233
interpretation of the proceedings to the party or witness, and	1234
that hethe interpreter will truly repeat the statements made by	1235
such party or witness to the court, to the best of histhe	1236
interpreter's ability. If the interpreter is appointed to assist a	1237
mentally retarded person or developmentally disabled person as	1238
described in division (A)(2) of this section, the oath also shall	1239
include an oath that the interpreter will not prompt, lead,	1240
suggest, or otherwise improperly influence the testimony of the	1241
witness or party.	1242

(C) The court shall determine a reasonable fee for all such	1243
interpreter service which shall be paid out of the same funds as	1244
witness fees.	1245

(D) As used in this section, "mentally retarded person" and	1246
"developmentally disabled person" have the same meanings as in	1247
section 5123.01 of the Revised Code.	1248

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

1249

(1) "MR/DD caretaker" means any MR/DD employee or any person	1250
who assumes the duty to provide for the care and protection of a	1251
mentally retarded person or a developmentally disabled person on a	1252
voluntary basis, by contract, through receipt of payment for care	1253
andprotection, as a result of a family relationship, or by order	1254
of a court of competent jurisdiction. "MR/DD caretaker" includes a	1255
person who is an employee of a care facility and a person who is	1256
an employee of an entity under contract with a provider. "MR/DD	1257
caretaker" does not include a person who owns, operates, or	1258
administers a care facility or who is an agent of a care facility	1259
unless that person also personally provides care to persons with	1260
mental retardation or a developmental disability.	1261

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

(3) "MR/DD employee" has the same meaning as in section	1265
5123.50 of the Revised Code.	1266

(B) No MR/DD caretaker shall create a substantial risk to the	1267
health or safety of a mentally retarded person or a	1268
developmentally disabled person. An MR/DD caretaker does not	1269
create a substantial risk to the health or safety of a mentally	1270
retarded person or a developmentally disabled person under this	1271
division when the MR/DD caretaker treats a physical or mental	1272
illness or defect of the mentally retarded person or	1273
developmentally disabled person by spiritual means through prayer	1274
alone, in accordance with the tenets of a recognized religious	1275
body.	1276

(C) No person who owns, operates, or administers a care	1277
facility or who is an agent of a care facility shall condone, or	1278
knowingly permit, any conduct by an MR/DD caretaker who is	1279
employed by or under the control of the owner, operator,	1280
administrator, or agent that is in violation of division (B) of	1281
this section and that involves a mentally retarded person or a	1282
developmentally disabled person who is under the care of the	1283
owner, operator, administrator, or agent. A person who relies upon	1284
treatment by spiritual means through prayer alone, in accordance	1285
with the tenets of a recognized religious denomination, shall not	1286
be considered endangered under this division for that reason	1287
alone.	1288

(D)(1) It is an affirmative defense to a charge of a	1289
violation of division (B) or (C) of this section that the actor's	1290
conduct was committed in good faith solely because the actor was	1291
ordered to commit the conduct by a person to whom one of the	1292
following applies:	1293

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

1294

(b) The person has authority over the actor's conduct	1295
pursuant to a contract for the provision of services.	1296

(2) It is an affirmative defense to a charge of a violation	1297
of division (C) of this section that the person who owns,	1298
operates, or administers a care facility or who is an agent of a	1299
care facility and who is charged with the violation is following	1300
the individual service plan for the involved mentally retarded	1301
person or a developmentally disabled person or that the admission,	1302
discharge, and transfer rule set forth in the Administrative Code	1303
is being followed.	1304

(3) It is an affirmative defense to a charge of a violation	1305
of division (C) of this section that the actor did not have	1306
readily available a means to prevent either the harm to the person	1307
with mental retardation or a developmental disability or the death	1308
of such a person and the actor took reasonable steps to summon	1309
aid.	1310

(E)(1) Except as provided in division (E)(2) or (E)(3) of	1311
this section, whoever violates division (B) or (C) of this section	1312
is guilty of patient endangerment, a misdemeanor of the first	1313
degree.	1314

(2) If the offender previously has been convicted of, or	1315
pleaded guilty to, a violation of this section, patient	1316
endangerment is a felony of the fourth degree.	1317

(3) If the violation results in serious physical harm to the	1318
person with mental retardation or a developmental disability,	1319
patient endangerment is a felony of the third degree.	1320

Sec. 2930.03.  (A) A person or entity required or authorized	1321
under this chapter to give notice to a victim shall give the	1322
notice to the victim by any means reasonably calculated to provide	1323
prompt actual notice. Except when a provision requires that notice	1324
is to be given in a specific manner, a notice may be oral or	1325
written.	1326

(B) Except for receipt of the initial information and notice	1327
required to be given to a victim under divisions (A) and (B) of	1328
section 2930.04, section 2930.05, and divisions (A) and (B) of	1329
section 2930.06 of the Revised Code, a victim who wishes to	1330
receive any notice authorized by this chapter shall make a request	1331
for the notice to the prosecutor or the custodial agency that is	1332
to provide the notice, as specified in this chapter. If the victim	1333
does not make a request as described in this division, the	1334
prosecutor or custodial agency is not required to provide any	1335
notice described in this chapter other than the initial	1336
information and notice required to be given to a victim under	1337
divisions (A) and (B) of section 2930.04, section 2930.05, and	1338
divisions (A) and (B) of section 2930.06 of the Revised Code.	1339

(C) A person or agency that is required to furnish notice	1340
under this chapter shall give the notice to the victim at the	1341
address or telephone number provided to the person or agency by	1342
the victim. A victim who requests to receive notice under this	1343
chapter as described in division (B) of this section shall inform	1344
the person or agency of the name, address, or telephone number of	1345
the victim and of any change to that information.	1346

(D) A person or agency that has furnished information to a	1347
victim in accordance with any requirement or authorization under	1348
this chapter shall notify the victim promptly of any significant	1349
changes to that information.	1350

(E) Divisions (A) to (D) of this section do not apply	1351
regarding a notice that a prosecutor is required to provide under	1352
section 2930.061 of the Revised Code. A prosecutor required to	1353
provide notice under that section shall provide the notice as	1354
specified in that section.	1355

Sec. 2930.061.  (A) If a person is charged in a complaint,	1356
indictment, or information with any crime or specified delinquent	1357
act or with any other violation of law, and if the case involves a	1358
victim that the prosecutor in the case knows is a mentally	1359
retarded person or a developmentally disabled person, in addition	1360
to any other notices required under this chapter or under any	1361
other provision of law, the prosecutor in the case shall send	1362
written notice of the charges to the department of mental	1363
retardation and developmental disabilities. The written notice	1364
shall specifically identify the person so charged.	1365

(B) As used in this section, "mentally retarded person" and	1366
"developmentally disabled person" have the same meanings as in	1367
section 5123.01 of the Revised Code.	1368

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

1369

(1) "Mentally retarded person" and "developmentally disabled	1370
person" have the same meanings as in section 5123.01 of the	1371
Revised Code.	1372

(2) "Mentally retarded or developmentally disabled victim"	1373
includes a mentally retarded or developmentally disabled person	1374
who was a victim of a violation identified in division (B)(1) of	1375
this section or an offense of violence or against whom was	1376
directed any conduct that constitutes, or that is an element of, a	1377
violation identified in division (B)(1) of this section or an	1378
offense of violence.	1379

(B)(1) In any proceeding in the prosecution of a charge of a	1380
violation of section 2903.16, 2903.34, 2903.341, 2905.03, 2907.02,	1381
2907.03, 2907.05, 2907.06, 2907.09, 2907.21, 2907.23, 2907.24,	1382
2907.32, 2907.321, 2907.322, or 2907.323 of the Revised Code or an	1383
offense of violence and in which an alleged victim of the	1384
violation or offense was a mentally retarded or developmentally	1385
disabled person, the judge of the court in which the prosecution	1386
is being conducted, upon motion of an attorney for the	1387
prosecution, shall order that the testimony of the mentally	1388
retarded or developmentally disabled victim be taken by	1389
deposition. The prosecution also may request that the deposition	1390
be videotaped in accordance with division (B)(2) of this section.	1391
The judge shall notify the mentally retarded or developmentally	1392
disabled victim whose deposition is to be taken, the prosecution,	1393
and the defense of the date, time, and place for taking the	1394
deposition. The notice shall identify the mentally retarded or	1395
developmentally disabled victim who is to be examined and shall	1396
indicate whether a request that the deposition be videotaped has	1397
been made. The defendant shall have the right to attend the	1398
deposition and the right to be represented by counsel. Depositions	1399
shall be taken in the manner provided in civil cases, except that	1400
the judge shall preside at the taking of the deposition and shall	1401
rule at the time on any objections of the prosecution or the	1402
attorney for the defense. The prosecution and the attorney for the	1403
defense shall have the right, as at trial, to full examination and	1404
cross-examination of the mentally retarded or developmentally	1405
disabled victim whose deposition is to be taken. If a deposition	1406
taken under this division is intended to be offered as evidence in	1407
the proceeding, it shall be filed in the court in which the action	1408
is pending and is admissible in the manner described in division	1409
(C) of this section.	1410

If a deposition of a mentally retarded or developmentally	1411
disabled victim taken under this division is admitted as evidence	1412
at the proceeding under division (C) of this section, the mentally	1413
retarded or developmentally disabled victim shall not be required	1414
to testify in person at the proceeding.	1415

At any time before the conclusion of the proceeding, the	1416
attorney for the defense may file a motion with the judge	1417
requesting that another deposition of the mentally retarded or	1418
developmentally disabled victim be taken because new evidence	1419
material to the defense has been discovered that the attorney for	1420
the defense could not with reasonable diligence have discovered	1421
prior to the taking of the admitted deposition. If the court	1422
orders the taking of another deposition under this provision, the	1423
deposition shall be taken in accordance with this division. If the	1424
admitted deposition was a videotaped deposition taken in	1425
accordance with division (B)(2) of this section, the new	1426
deposition shall be videotaped in accordance with that division.	1427
In other cases, the new deposition may be videotaped in accordance	1428
with that division.	1429

(2) If the prosecution requests that a deposition to be taken	1430
under division (B)(2) of this section be videotaped, the judge	1431
shall order that the deposition be videotaped in accordance with	1432
this division. If a judge issues an order that the deposition be	1433
videotaped, the judge shall exclude from the room in which the	1434
deposition is to be taken every person except the mentally	1435
retarded or developmentally disabled victim giving the testimony,	1436
the judge, one or more interpreters if needed, the attorneys for	1437
the prosecution and the defense, any person needed to operate the	1438
equipment to be used, one person chosen by the mentally retarded	1439
or developmentally disabled victim giving the deposition, and any	1440
person whose presence the judge determines would contribute to the	1441
welfare and well-being of the mentally retarded or developmentally	1442
disabled victim giving the deposition. The person chosen by the	1443
mentally retarded or developmentally disabled victim shall not be	1444
a witness in the proceeding and, both before and during the	1445
deposition, shall not discuss the testimony of the mentally	1446
retarded or developmentally disabled victim with any other witness	1447
in the proceeding. To the extent feasible, any person operating	1448
the recording equipment shall be restricted to a room adjacent to	1449
the room in which the deposition is being taken, or to a location	1450
in the room in which the deposition is being taken that is behind	1451
a screen or mirror, so that the person operating the recording	1452
equipment can see and hear, but cannot be seen or heard by, the	1453
mentally retarded or developmentally disabled victim giving the	1454
deposition during the deposition.	1455

The defendant shall be permitted to observe and hear the	1456
testimony of the mentally retarded or developmentally disabled	1457
victim giving the deposition on a monitor, shall be provided with	1458
an electronic means of immediate communication with the	1459
defendant's attorney during the testimony, and shall be restricted	1460
to a location from which the defendant cannot be seen or heard by	1461
the mentally retarded or developmentally disabled victim giving	1462
the deposition, except on a monitor provided for that purpose. The	1463
mentally retarded or developmentally disabled victim giving the	1464
deposition shall be provided with a monitor on which the victim	1465
can observe, during the testimony, the defendant. The judge, at	1466
the judge's discretion, may preside at the deposition by	1467
electronic means from outside the room in which the deposition is	1468
to be taken. If the judge presides by electronic means, the judge	1469
shall be provided with monitors on which the judge can see each	1470
person in the room in which the deposition is to be taken and with	1471
an electronic means of communication with each person, and each	1472
person in the room shall be provided with a monitor on which that	1473
person can see the judge and with an electronic means of	1474
communication with the judge. A deposition that is videotaped	1475
under this division shall be taken and filed in the manner	1476
described in division (B)(1) of this section and is admissible in	1477
the manner described in this division and division (C) of this	1478
section, and, if a deposition that is videotaped under this	1479
division is admitted as evidence at the proceeding, the mentally	1480
retarded or developmentally disabled victim shall not be required	1481
to testify in person at the proceeding. No deposition videotaped	1482
under this division shall be admitted as evidence at any	1483
proceeding unless division (C) of this section is satisfied	1484
relative to the deposition and all of the following apply relative	1485
to the recording:	1486

(a) The recording is both aural and visual and is recorded on	1487
film or videotape, or by other electronic means.	1488

(b) The recording is authenticated under the Rules of	1489
Evidence and the Rules of Criminal Procedure as a fair and	1490
accurate representation of what occurred, and the recording is not	1491
altered other than at the direction and under the supervision of	1492
the judge in the proceeding.	1493

(c) Each voice on the recording that is material to the	1494
testimony on the recording or the making of the recording, as	1495
determined by the judge, is identified.	1496

(d) Both the prosecution and the defendant are afforded an	1497
opportunity to view the recording before it is shown in the	1498
proceeding.	1499

(C)(1) At any proceeding in a prosecution in relation to	1500
which a deposition was taken under division (B) of this section,	1501
the deposition or a part of it is admissible in evidence upon	1502
motion of the prosecution if the testimony in the deposition or	1503
the part to be admitted is not excluded by the hearsay rule and if	1504
the deposition or the part to be admitted otherwise is admissible	1505
under the Rules of Evidence. For purposes of this division,	1506
testimony is not excluded by the hearsay rule if the testimony is	1507
not hearsay under Evidence Rule 801; the testimony is within an	1508
exception to the hearsay rule set forth in Evidence Rule 803; the	1509
mentally retarded or developmentally disabled victim who gave the	1510
testimony is unavailable as a witness, as defined in Evidence Rule	1511
804, and the testimony is admissible under that rule; or both of	1512
the following apply:	1513

(a) The defendant had an opportunity and similar motive at	1514
the time of the taking of the deposition to develop the testimony	1515
by direct, cross, or redirect examination.	1516

(b) The judge determines that there is reasonable cause to	1517
believe that, if the mentally retarded or developmentally disabled	1518
victim who gave the testimony in the deposition were to testify in	1519
person at the proceeding, the mentally retarded or developmentally	1520
disabled victim would experience serious emotional trauma as a	1521
result of the mentally retarded or developmentally disabled	1522
victim's participation at the proceeding.	1523

(2) Objections to receiving in evidence a deposition or a	1524
part of it under division (C) of this section shall be made as	1525
provided in civil actions.	1526

(3) The provisions of divisions (B) and (C) of this section	1527
are in addition to any other provisions of the Revised Code, the	1528
Rules of Criminal Procedure, or the Rules of Evidence that pertain	1529
to the taking or admission of depositions in a criminal proceeding	1530
and do not limit the admissibility under any of those other	1531
provisions of any deposition taken under division (B) of this	1532
section or otherwise taken.	1533

(D) In any proceeding in the prosecution of any charge of a	1534
violation listed in division (B)(1) of this section or an offense	1535
of violence and in which an alleged victim of the violation or	1536
offense was a mentally retarded or developmentally disabled	1537
person, the prosecution may file a motion with the judge	1538
requesting the judge to order the testimony of the mentally	1539
retarded or developmentally disabled victim to be taken in a room	1540
other than the room in which the proceeding is being conducted and	1541
be televised, by closed circuit equipment, into the room in which	1542
the proceeding is being conducted to be viewed by the jury, if	1543
applicable, the defendant, and any other persons who are not	1544
permitted in the room in which the testimony is to be taken but	1545
who would have been present during the testimony of the mentally	1546
retarded or developmentally disabled victim had it been given in	1547
the room in which the proceeding is being conducted. Except for	1548
good cause shown, the prosecution shall file a motion under this	1549
division at least seven days before the date of the proceeding.	1550
The judge may issue the order upon the motion of the prosecution	1551
filed under this section, if the judge determines that the	1552
mentally retarded or developmentally disabled victim is	1553
unavailable to testify in the room in which the proceeding is	1554
being conducted in the physical presence of the defendant for one	1555
or more of the reasons set forth in division (F) of this section.	1556
If a judge issues an order of that nature, the judge shall exclude	1557
from the room in which the testimony is to be taken every person	1558
except a person described in division (B)(2) of this section. The	1559
judge, at the judge's discretion, may preside during the giving of	1560
the testimony by electronic means from outside the room in which	1561
it is being given, subject to the limitations set forth in	1562
division (B)(2) of this section. To the extent feasible, any	1563
person operating the televising equipment shall be hidden from the	1564
sight and hearing of the mentally retarded or developmentally	1565
disabled victim giving the testimony, in a manner similar to that	1566
described in division (B)(2) of this section. The defendant shall	1567
be permitted to observe and hear the testimony of the mentally	1568
retarded or developmentally disabled victim giving the testimony	1569
on a monitor, shall be provided with an electronic means of	1570
immediate communication with the defendant's attorney during the	1571
testimony, and shall be restricted to a location from which the	1572
defendant cannot be seen or heard by the mentally retarded or	1573
developmentally disabled victim giving the testimony, except on a	1574
monitor provided for that purpose. The mentally retarded or	1575
developmentally disabled victim giving the testimony shall be	1576
provided with a monitor on which the mentally retarded or	1577
developmentally disabled victim can observe, during the testimony,	1578
the defendant.	1579

(E) In any proceeding in the prosecution of any charge of a	1580
violation listed in division (B)(1) of this section or an offense	1581
of violence and in which an alleged victim of the violation or	1582
offense was a mentally retarded or developmentally disabled	1583
victim, the prosecution may file a motion with the judge	1584
requesting the judge to order the testimony of the mentally	1585
retarded or developmentally disabled victim to be taken outside of	1586
the room in which the proceeding is being conducted and be	1587
recorded for showing in the room in which the proceeding is being	1588
conducted before the judge, the jury, if applicable, the	1589
defendant, and any other persons who would have been present	1590
during the testimony of the mentally retarded or developmentally	1591
disabled victim had it been given in the room in which the	1592
proceeding is being conducted. Except for good cause shown, the	1593
prosecution shall file a motion under this division at least seven	1594
days before the date of the proceeding. The judge may issue the	1595
order upon the motion of the prosecution filed under this	1596
division, if the judge determines that the mentally retarded or	1597
developmentally disabled victim is unavailable to testify in the	1598
room in which the proceeding is being conducted in the physical	1599
presence of the defendant, for one or more of the reasons set	1600
forth in division (F) of this section. If a judge issues an order	1601
of that nature, the judge shall exclude from the room in which the	1602
testimony is to be taken every person except a person described in	1603
division (B)(2) of this section. To the extent feasible, any	1604
person operating the recording equipment shall be hidden from the	1605
sight and hearing of the mentally retarded or developmentally	1606
disabled victim giving the testimony, in a manner similar to that	1607
described in division (B)(2) of this section. The defendant shall	1608
be permitted to observe and hear the testimony of the mentally	1609
retarded or developmentally disabled victim who is giving the	1610
testimony on a monitor, shall be provided with an electronic means	1611
of immediate communication with the defendant's attorney during	1612
the testimony, and shall be restricted to a location from which	1613
the defendant cannot be seen or heard by the mentally retarded or	1614
developmentally disabled victim giving the testimony, except on a	1615
monitor provided for that purpose. The mentally retarded or	1616
developmentally disabled victim giving the testimony shall be	1617
provided with a monitor on which the victim can observe, during	1618
the testimony, the defendant. No order for the taking of testimony	1619
by recording shall be issued under this division unless the	1620
provisions set forth in divisions (B)(2)(a), (b), (c), and (d) of	1621
this section apply to the recording of the testimony.	1622

(F) For purposes of divisions (D) and (E) of this section, a	1623
judge may order the testimony of a mentally retarded or	1624
developmentally disabled victim to be taken outside the room in	1625
which the proceeding is being conducted if the judge determines	1626
that the mentally retarded or developmentally disabled victim is	1627
unavailable to testify in the room in the physical presence of the	1628
defendant due to one or more of the following:	1629

(1) The persistent refusal of the mentally retarded or	1630
developmentally disabled victim to testify despite judicial	1631
requests to do so;	1632

(2) The inability of the mentally retarded or developmentally	1633
disabled victim to communicate about the alleged violation or	1634
offense because of extreme fear, failure of memory, or another	1635
similar reason;	1636

(3) The substantial likelihood that the mentally retarded or	1637
developmentally disabled victim will suffer serious emotional	1638
trauma from so testifying.	1639

(G)(1) If a judge issues an order pursuant to division (D) or	1640
(E) of this section that requires the testimony of a mentally	1641
retarded or developmentally disabled victim in a criminal	1642
proceeding to be taken outside of the room in which the proceeding	1643
is being conducted, the order shall specifically identify the	1644
mentally retarded or developmentally disabled victim to whose	1645
testimony it applies, the order applies only during the testimony	1646
of the specified mentally retarded or developmentally disabled	1647
victim, and the mentally retarded or developmentally disabled	1648
victim giving the testimony shall not be required to testify at	1649
the proceeding other than in accordance with the order.	1650

(2) A judge who makes any determination regarding the	1651
admissibility of a deposition under divisions (B) and (C) of this	1652
section, the videotaping of a deposition under division (B)(2) of	1653
this section, or the taking of testimony outside of the room in	1654
which a proceeding is being conducted under division (D) or (E) of	1655
this section shall enter the determination and findings on the	1656
record in the proceeding.	1657

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

1658

(1) "Mentally retarded person" and "developmentally disabled	1659
person" have the same meanings as in section 5123.01 of the	1660
Revised Code.	1661

(2) "Mentally retarded or developmentally disabled victim"	1662
includes a mentally retarded or developmentally disabled person	1663
who was a victim of a felony violation identified in division	1664
(B)(1) of this section or a felony offense of violence or against	1665
whom was directed any conduct that constitutes, or that is an	1666
element of, a felony violation identified in division (B)(1) of	1667
this section or a felony offense of violence.	1668

(B)(1) At a trial on a charge of a felony violation of	1669
section 2903.16, 2903.34, 2903.341, 2907.02, 2907.03, 2907.05,	1670
2907.21, 2907.23, 2907.24, 2907.32, 2907.321, 2907.322, or	1671
2907.323 of the Revised Code or an offense of violence and in	1672
which an alleged victim of the violation or offense was a mentally	1673
retarded or developmentally disabled person, the court, upon	1674
motion of the prosecutor in the case, may admit videotaped	1675
preliminary hearing testimony of the mentally retarded or	1676
developmentally disabled victim as evidence at the trial, in lieu	1677
of the mentally retarded or developmentally disabled victim	1678
appearing as a witness and testifying at trial, if all of the	1679
following apply:	1680

(a) The videotape of the testimony was made at the	1681
preliminary hearing at which probable cause of the violation	1682
charged was found.	1683

(b) The videotape of the testimony was made in accordance	1684
with division (C) of section 2937.11 of the Revised Code.	1685

(c) The testimony in the videotape is not excluded by the	1686
hearsay rule and otherwise is admissible under the Rules of	1687
Evidence. For purposes of this division, testimony is not excluded	1688
by the hearsay rule if the testimony is not hearsay under Evidence	1689
Rule 801, the testimony is within an exception to the hearsay rule	1690
set forth in Evidence Rule 803, the mentally retarded or	1691
developmentally disabled victim who gave the testimony is	1692
unavailable as a witness, as defined in Evidence Rule 804, and the	1693
testimony is admissible under that rule, or both of the following	1694
apply:	1695

(i) The accused had an opportunity and similar motive at the	1696
preliminary hearing to develop the testimony of the mentally	1697
retarded or developmentally disabled victim by direct, cross, or	1698
redirect examination.	1699

(ii) The court determines that there is reasonable cause to	1700
believe that if the mentally retarded or developmentally disabled	1701
victim who gave the testimony at the preliminary hearing were to	1702
testify in person at the trial, the mentally retarded or	1703
developmentally disabled victim would experience serious emotional	1704
trauma as a result of the victim's participation at the trial.	1705

(2) If a mentally retarded or developmentally disabled victim	1706
of an alleged felony violation of section 2903.16, 2903.34,	1707
2903.341, 2907.02, 2907.03, 2907.05, 2907.21, 2907.23, 2907.24,	1708
2907.32, 2907.321, 2907.322, or 2907.323 of the Revised Code or an	1709
alleged felony offense of violence testifies at the preliminary	1710
hearing in the case, if the testimony of the mentally retarded or	1711
developmentally disabled victim at the preliminary hearing was	1712
videotaped pursuant to division (C) of section 2937.11 of the	1713
Revised Code, and if the defendant in the case files a written	1714
objection to the use, pursuant to division (B)(1) of this section,	1715
of the videotaped testimony at the trial, the court, immediately	1716
after the filing of the objection, shall hold a hearing to	1717
determine whether the videotaped testimony of the mentally	1718
retarded or developmentally disabled victim should be admissible	1719
at trial under division (B)(1) of this section and, if it is	1720
admissible, whether the mentally retarded or developmentally	1721
disabled victim should be required to provide limited additional	1722
testimony of the type described in this division. At the hearing	1723
held pursuant to this division, the defendant and the prosecutor	1724
in the case may present any evidence that is relevant to the	1725
issues to be determined at the hearing, but the mentally retarded	1726
or developmentally disabled victim shall not be required to	1727
testify at the hearing.	1728

After the hearing, the court shall not require the mentally	1729
retarded or developmentally disabled victim to testify at the	1730
trial, unless it determines that both of the following apply:	1731

(a) That the testimony of the mentally retarded or	1732
developmentally disabled victim at trial is necessary for one or	1733
more of the following reasons:	1734

(i) Evidence that was not available at the time of the	1735
testimony of the mentally retarded or developmentally disabled	1736
victim at the preliminary hearing has been discovered.	1737

(ii) The circumstances surrounding the case have changed	1738
sufficiently to necessitate that the mentally retarded or	1739
developmentally disabled victim testify at the trial.	1740

(b) That the testimony of the mentally retarded or	1741
developmentally disabled victim at the trial is necessary to	1742
protect the right of the defendant to a fair trial.	1743

The court shall enter its finding and the reasons for it in	1744
the journal. If the court requires the mentally retarded or	1745
developmentally disabled victim to testify at the trial, the	1746
testimony of the victim shall be limited to the new evidence and	1747
changed circumstances, and the mentally retarded or	1748
developmentally disabled victim shall not otherwise be required to	1749
testify at the trial. The required testimony of the mentally	1750
retarded or developmentally disabled victim may be given in person	1751
or, upon motion of the prosecution, may be taken by deposition in	1752
accordance with division (B) of section 2945.482 of the Revised	1753
Code provided the deposition is admitted as evidence under	1754
division (C) of that section, may be taken outside of the	1755
courtroom and televised into the courtroom in accordance with	1756
division (D) of that section, or may be taken outside of the	1757
courtroom and recorded for showing in the courtroom in accordance	1758
with division (E) of that section.	1759

(3) If videotaped testimony of a mentally retarded or	1760
developmentally disabled victim is admitted at trial in accordance	1761
with division (B)(1) of this section, the mentally retarded or	1762
developmentally disabled victim shall not be compelled in any way	1763
to appear as a witness at the trial, except as provided in	1764
division (B)(2) of this section.	1765

(C) An order issued pursuant to division (B) of this section	1766
shall specifically identify the mentally retarded or	1767
developmentally disabled victim concerning whose testimony it	1768
pertains. The order shall apply only during the testimony of the	1769
mentally retarded or developmentally disabled victim it	1770
specifically identifies.	1771

Sec. 5120.173. Any person who is required to report suspected	1772
abuse or neglect of a child under eighteen years of age pursuant	1773
to division (A) of section 2151.421 of the Revised Code, and any	1774
person who is permitted to report or cause a report to be made of	1775
suspected abuse or neglect of a child under eighteen years of age	1776
pursuant to division (B) of that section, any person who is	1777
required to report suspected abuse or neglect of a person with	1778
mental retardation or a developmental disability pursuant to	1779
division (C) of section 5123.61 of the Revised Code, and any	1780
person who is permitted to report suspected abuse or neglect of a	1781
person with mental retardation or a developmental disability	1782
pursuant to division (F) of that section and who makes or causes	1783
the report to be made, shall direct that report to the state	1784
highway patrol if the child or the person with mental retardation	1785
or a developmental disability is an inmate in the custody of a	1786
state correctional institution. If the state highway patrol	1787
determines after receipt of the report that it is probable that	1788
abuse or neglect of the inmate occurred, the patrol shall report	1789
its findings to the department of rehabilitation and correction,	1790
to the court that sentenced the inmate for the offense for which	1791
the inmate is in the custody of the department, and to the	1792
chairman and vice-chairman of the correctional institution	1793
inspection committee established by section 103.71 of the Revised	1794
Code.	1795

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

1796

(1) "Applicant" means a person who is under final	1797
consideration for appointment to or employment with the department	1798
of mental retardation and developmental disabilities, including,	1799
but not limited to, a person who is being transferred to the	1800
department and an employee who is being recalled or reemployed	1801
after a layoff.	1802

(2) "Criminal records check" has the same meaning as in	1803
section 109.572 of the Revised Code.	1804

(3) "Minor drug possession offense" has the same meaning as	1805
in section 2925.01 of the Revised Code.	1806

(B) The director of mental retardation and developmental	1807
disabilities shall request the superintendent of the bureau of	1808
criminal identification and investigation to conduct a criminal	1809
records check with respect to each applicant, except that the	1810
director is not required to request a criminal records check for	1811
an employee of the department who is being considered for a	1812
different position or is returning after a leave of absence or	1813
seasonal break in employment, as long as the director has no	1814
reason to believe that the employee has committed any of the	1815
offenses listed or described in division (E) of this section.	1816

If the applicant does not present proof that the applicant	1817
has been a resident of this state for the five-year period	1818
immediately prior to the date upon which the criminal records	1819
check is requested, the director shall request that the	1820
superintendent of the bureau obtain information from the federal	1821
bureau of investigation as a part of the criminal records check	1822
for the applicant. If the applicant presents proof that the	1823
applicant has been a resident of this state for that five-year	1824
period, the director may request that the superintendent of the	1825
bureau include information from the federal bureau of	1826
investigation in the criminal records check. For purposes of this	1827
division, an applicant may provide proof of residency in this	1828
state by presenting, with a notarized statement asserting that the	1829
applicant has been a resident of this state for that five-year	1830
period, a valid driver's license, notification of registration as	1831
an elector, a copy of an officially filed federal or state tax	1832
form identifying the applicant's permanent residence, or any other	1833
document the director considers acceptable.	1834

(C) The director shall provide to each applicant a copy of	1835
the form prescribed pursuant to division (C)(1) of section 109.572	1836
of the Revised Code, provide to each applicant a standard	1837
impression sheet to obtain fingerprint impressions prescribed	1838
pursuant to division (C)(2) of section 109.572 of the Revised	1839
Code, obtain the completed form and impression sheet from each	1840
applicant, and forward the completed form and impression sheet to	1841
the superintendent of the bureau of criminal identification and	1842
investigation at the time the criminal records check is requested.	1843

Any applicant who receives pursuant to this division a copy	1844
of the form prescribed pursuant to division (C)(1) of section	1845
109.572 of the Revised Code and a copy of an impression sheet	1846
prescribed pursuant to division (C)(2) of that section and who is	1847
requested to complete the form and provide a set of fingerprint	1848
impressions shall complete the form or provide all the information	1849
necessary to complete the form and shall provide the material with	1850
the impressions of the applicant's fingerprints. If an applicant,	1851
upon request, fails to provide the information necessary to	1852
complete the form or fails to provide impressions of the	1853
applicant's fingerprints, the director shall not employ the	1854
applicant.	1855

(D) The director may request any other state or federal	1856
agency to supply the director with a written report regarding the	1857
criminal record of each applicant. With regard to an applicant who	1858
becomes a department employee, if the employee holds an	1859
occupational or professional license or other credentials, the	1860
director may request that the state or federal agency that	1861
regulates the employee's occupation or profession supply the	1862
director with a written report of any information pertaining to	1863
the employee's criminal record that the agency obtains in the	1864
course of conducting an investigation or in the process of	1865
renewing the employee's license or other credentials.	1866

(E) Except as provided in division (K)(2) of this section and	1867
in rules adopted by the director in accordance with division (M)	1868
of this section, the director shall not employ a person to fill a	1869
position with the department who has been convicted of or pleaded	1870
guilty to any of the following:	1871

(1) A violation of section 2903.01, 2903.02, 2903.03,	1872
2903.341, 2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21,	1873
2903.34, 2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04,	1874
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22,	1875
2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323,	1876
2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24,	1877
2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04,	1878
2925.05, 2925.06, or 3716.11 of the Revised Code, a violation of	1879
section 2905.04 of the Revised Code as it existed prior to July 1,	1880
1996, a violation of section 2919.23 of the Revised Code that	1881
would have been a violation of section 2905.04 of the Revised Code	1882
as it existed prior to July 1, 1996, had the violation occurred	1883
prior to that date, a violation of section 2925.11 of the Revised	1884
Code that is not a minor drug possession offense, or felonious	1885
sexual penetration in violation of former section 2907.12 of the	1886
Revised Code;	1887

(2) A felony contained in the Revised Code that is not listed	1888
in this division, if the felony bears a direct and substantial	1889
relationship to the duties and responsibilities of the position	1890
being filled;	1891

(3) Any offense contained in the Revised Code constituting a	1892
misdemeanor of the first degree on the first offense and a felony	1893
on a subsequent offense, if the offense bears a direct and	1894
substantial relationship to the position being filled and the	1895
nature of the services being provided by the department;	1896

(4) A violation of an existing or former municipal ordinance	1897
or law of this state, any other state, or the United States, if	1898
the offense is substantially equivalent to any of the offenses	1899
listed or described in division (E)(1), (2), or (3) of this	1900
section.	1901

(F) Prior to employing an applicant, the director shall	1902
require the applicant to submit a statement with the applicant's	1903
signature attesting that the applicant has not been convicted of	1904
or pleaded guilty to any of the offenses listed or described in	1905
division (E) of this section. The director also shall require the	1906
applicant to sign an agreement under which the applicant agrees to	1907
notify the director within fourteen calendar days if, while	1908
employed with the department, the applicant is ever formally	1909
charged with, convicted of, or pleads guilty to any of the	1910
offenses listed or described in division (E) of this section. The	1911
agreement shall inform the applicant that failure to report formal	1912
charges, a conviction, or a guilty plea may result in being	1913
dismissed from employment.	1914

(G) The director shall pay to the bureau of criminal	1915
identification and investigation the fee prescribed pursuant to	1916
division (C)(3) of section 109.572 of the Revised Code for each	1917
criminal records check requested and conducted pursuant to this	1918
section.	1919

(H)(1) Any report obtained pursuant to this section is not a	1920
public record for purposes of section 149.43 of the Revised Code	1921
and shall not be made available to any person, other than the	1922
applicant who is the subject of the records check or criminal	1923
records check or the applicant's representative, the department or	1924
its representative, a county board of mental retardation and	1925
developmental disabilities, and any court, hearing officer, or	1926
other necessary individual involved in a case dealing with the	1927
denial of employment to the applicant or the denial, suspension,	1928
or revocation of a certificate or evidence of registration under	1929
section 5123.082 of the Revised Code.	1930

(2) An individual for whom the director has obtained reports	1931
under this section may submit a written request to the director to	1932
have copies of the reports sent to any state agency, entity of	1933
local government, or private entity. The individual shall specify	1934
in the request the agencies or entities to which the copies are to	1935
be sent. On receiving the request, the director shall send copies	1936
of the reports to the agencies or entities specified.	1937

The director may request that a state agency, entity of local	1938
government, or private entity send copies to the director of any	1939
report regarding a records check or criminal records check that	1940
the agency or entity possesses, if the director obtains the	1941
written consent of the individual who is the subject of the	1942
report.	1943

(I) The director shall request the registrar of motor	1944
vehicles to supply the director with a certified abstract	1945
regarding the record of convictions for violations of motor	1946
vehicle laws of each applicant who will be required by the	1947
applicant's employment to transport individuals with mental	1948
retardation or a developmental disability or to operate the	1949
department's vehicles for any other purpose. For each abstract	1950
provided under this section, the director shall pay the amount	1951
specified in section 4509.05 of the Revised Code.	1952

(J) The director shall provide each applicant with a copy of	1953
any report or abstract obtained about the applicant under this	1954
section.	1955

(K)(1) The director shall inform each person, at the time of	1956
the person's initial application for employment, that the person	1957
is required to provide a set of impressions of the person's	1958
fingerprints and that a criminal records check is required to be	1959
conducted and satisfactorily completed in accordance with section	1960
109.572 of the Revised Code if the person comes under final	1961
consideration for employment as a precondition to employment in a	1962
position.	1963

(2) The director may employ an applicant pending receipt of	1964
reports requested under this section. The director shall terminate	1965
employment of any such applicant if it is determined from the	1966
reports that the applicant failed to inform the director that the	1967
applicant had been convicted of or pleaded guilty to any of the	1968
offenses listed or described in division (E) of this section.	1969

(L) The director may charge an applicant a fee for costs the	1970
director incurs in obtaining reports, abstracts, or fingerprint	1971
impressions under this section. A fee charged under this division	1972
shall not exceed the amount of the fees the director pays under	1973
divisions (G) and (I) of this section. If a fee is charged under	1974
this division, the director shall notify the applicant of the	1975
amount of the fee at the time of the applicant's initial	1976
application for employment and that, unless the fee is paid, the	1977
director will not consider the applicant for employment.	1978

(M) The director shall adopt rules in accordance with Chapter	1979
119. of the Revised Code to implement this section, including	1980
rules specifying circumstances under which the director may employ	1981
a person who has been convicted of or pleaded guilty to an offense	1982
listed or described in division (E) of this section but who meets	1983
standards in regard to rehabilitation set by the director.	1984

Sec. 5123.50.  As used in this section and sections 5123.51	1985
and, 5123.52, and 5123.541 of the Revised Code:	1986

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

1987

(1) The use of physical force that can reasonably be expected	1988
to result in physical harm or serious physical harm;	1989

(2) Sexual abuse;

1990

(3) Verbal abuse.

1991

(B) "Misappropriation" means depriving, defrauding, or	1992
otherwise obtaining the real or personal property of an individual	1993
by any means prohibited by the Revised Code, including violations	1994
of Chapter 2911. or 2913. of the Revised Code.	1995

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

1996

(1) An employee of the department of mental retardation and	1997
developmental disabilities;	1998

(2) An employee of a county board of mental retardation and	1999
developmental disabilities;	2000

(3) An "ICF/MR worker," as defined in section 5123.193 of the	2001
Revised Code;	2002

(4) An individual who is employed in a position that includes	2003
providing specialized services to an individual with mental	2004
retardation or aanother developmental disability.	2005

(D) "Neglect" means, when there is a duty to do so, failing	2006
to provide an individual with any treatment, care, goods, or	2007
services that are necessary to maintain the health and safety of	2008
the individual.	2009

(E) "Physical harm" and "serious physical harm" have the same	2010
meanings as in section 2901.01 of the Revised Code.	2011

(F) "Sexual abuse" means unlawful sexual conduct or sexual	2012
contact, as those terms are defined in section 2907.01 of the	2013
Revised Code.	2014

(G) "Specialized services" means any program or service	2015
designed and operated to serve primarily individuals with mental	2016
retardation or a developmental disability, including a program or	2017
service provided by an entity licensed or certified by the	2018
department of mental retardation and developmental disabilities. A	2019
program or service available to the general public is not a	2020
specialized service.	2021

(H) "Verbal abuse" means purposely using words to threaten,	2022
coerce, intimidate, harass, or humiliate an individual.	2023

(I) "Sexual conduct," "sexual contact," and "spouse" have the	2024
same meanings as in section 2907.01 of the Revised Code.	2025

Sec. 5123.51.  (A) In addition to any other action required	2026
by sections 5123.61 and 5126.31 of the Revised Code, the	2027
department of mental retardation and developmental disabilities	2028
shall review each report the department receives of abuse or	2029
neglect of an individual with mental retardation or a	2030
developmental disability or misappropriation of an individual's	2031
property that includes an allegation that an MR/DD employee	2032
committed or was responsible for the abuse, neglect, or	2033
misappropriation. The department shall review a report it receives	2034
from a public children services agency only after the agency	2035
completes its investigation pursuant to section 2151.421 of the	2036
Revised Code. On receipt of a notice under section 2930.061 or	2037
5123.541 of the Revised Code, the department shall review the	2038
notice.	2039

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

2040

(1) Investigate the allegation or adopt the findings of an	2041
investigation or review of the allegation conducted by another	2042
person or government entity and determine whether there is a	2043
reasonable basis for the allegation;	2044

(2) If the department determines that there is a reasonable	2045
basis for the allegation, conduct an adjudication pursuant to	2046
Chapter 119. of the Revised Code.	2047

(C)(1) The department shall appoint an independent hearing	2048
officer to conduct any hearing conducted pursuant to division	2049
(B)(2) of this section, except that, if the hearing is regarding	2050
an employee of the department who is represented by a union, the	2051
department and a representative of the union shall jointly select	2052
the hearing officer.	2053

(2) No(a) Except as provided in division (C)(2)(b) of this	2054
section, no hearing shall be conducted under division (B)(2) of	2055
this section until any criminal proceeding or collective	2056
bargaining arbitration concerning the same allegation has	2057
concluded.	2058

(b) The department may conduct a hearing pursuant to division	2059
(B)(2) of this section before a criminal proceeding concerning the	2060
same allegation is concluded if both of the following are the	2061
case:	2062

(i) The department notifies the prosecutor responsible for	2063
the criminal proceeding that the department proposes to conduct a	2064
hearing.	2065

(ii) The prosecutor consents to the hearing.

2066

(3) In conducting a hearing pursuant to division (B)(2) of	2067
this section, the hearing officer shall do bothall of the	2068
following:	2069

(a) Determine whether there is clear and convincing evidence	2070
that the MR/DD employee has done any of the following:	2071

(i) Misappropriated the property of an individualone or more	2072
individuals with mental retardation or a developmental disability	2073
that has a value, either separately or taken together, of one	2074
hundred dollars or more;	2075

(ii) Misappropriated property of an individual with mental	2076
retardation or a developmental disability that is designed to be	2077
used as a check, draft, negotiable instrument, credit card, charge	2078
card, or device for initiating an electronic fund transfer at a	2079
point of sale terminal, automated teller machine, or cash	2080
dispensing machine;	2081

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

2082

(iii)(iv) Recklessly abused or neglected such an individual,	2083
with resulting physical harm;	2084

(iv)(v) Negligently abused or neglected such an individual,	2085
with resulting serious physical harm;	2086

(vi) Recklessly neglected such an individual, creating a	2087
substantial risk of serious physical harm;	2088

(vii) Engaged in sexual conduct or had sexual contact with an	2089
individual with mental retardation or another developmental	2090
disability who was not the MR/DD employee's spouse and for whom	2091
the MR/DD employee was employed or under a contract to provide	2092
care;	2093

(viii) Unreasonably failed to make a report pursuant to	2094
division (C) of section 5123.61 of the Revised Code when the	2095
employee knew or should have known that the failure would result	2096
in a substantial risk of harm to an individual with mental	2097
retardation or a developmental disability.	2098

(b) Give weight to the decision in any collective bargaining	2099
arbitration regarding the same allegation;	2100

(c) Give weight to any relevant facts presented at the	2101
hearing.	2102

(D)(1) Unless the director of mental retardation and	2103
developmental disabilities determines that there are extenuating	2104
circumstances and except as provided in divisions (D)(4) and	2105
division (E) of this section, the director shall include in the	2106
registry established under section 5123.52 of the Revised Code the	2107
name of an MR/DD employee if the director, after considering all	2108
of the factors listed in division (C)(3) of this section, finds	2109
that there is clear and convincing evidence that thean MR/DD	2110
employee has done one or more of the things described in division	2111
(C)(3)(a) of this section the director shall include the name of	2112
the employee in the registry established under section 5123.52 of	2113
the Revised Code.	2114

(2) Extenuating circumstances the director must consider	2115
include the use of physical force by an MR/DD employee that was	2116
necessary as self-defense.	2117

(3) If the director includes an MR/DD employee in the	2118
registry established under section 5123.52 of the Revised Code,	2119
the director shall notify the employee, the person or government	2120
entity that employs or contracts with the employee, the individual	2121
with mental retardation or a developmental disability who was the	2122
subject of the report and that individual's legal guardian, if	2123
any, the attorney general, and the prosecuting attorney or other	2124
law enforcement agency. If the MR/DD employee holds a license,	2125
certificate, registration, or other authorization to engage in a	2126
profession issued pursuant to Title XLVII of the Revised Code, the	2127
director shall notify the appropriate agency, board, department,	2128
or other entity responsible for regulating the employee's	2129
professional practice.	2130

(4) The director shall not include in the registry an	2131
individual who has been found not guilty by a court or jury of an	2132
offense arising from the same factsIf an individual whose name	2133
appears on the registry is involved in a court proceeding or	2134
arbitration arising from the same facts as the allegation	2135
resulting in the individual's placement on the registry, the	2136
disposition of the proceeding or arbitration shall be noted in the	2137
registry next to the individual's name.	2138

(E) In the case of an allegation concerning an employee of	2139
the department, after the hearing conducted pursuant to division	2140
(B)(2) of this section, the director of health or that director's	2141
designee shall review the decision of the hearing officer to	2142
determine whether the standard described in division (C)(2)(3) of	2143
this section has been met. If the director or designee determines	2144
that the standard has been met and that no extenuating	2145
circumstances exist, the director or designee shall notify the	2146
director of mental retardation and developmental disabilities that	2147
the MR/DD employee is to be included in the registry established	2148
under section 5123.52 of the Revised Code. If the director of	2149
mental retardation and developmental disabilities receives such	2150
notification, the director shall include the MR/DD employee in the	2151
registry, unless division (D)(4) of this section applies, and	2152
shall provide the notification described in division (D)(3) of	2153
this section.	2154

(F) If the department is required by Chapter 119. of the	2155
Revised Code to give notice of an opportunity for a hearing and	2156
the MR/DD employee subject to the notice does not timely request a	2157
hearing in accordance with section 119.07 of the Revised Code, the	2158
department is not required to hold a hearing.	2159

(G) Files and records of investigations conducted pursuant to	2160
this section are not public records as defined in section 149.43	2161
of the Revised Code, but, on request, the department shall provide	2162
copies of those files and records to the attorney general, a	2163
prosecuting attorney, or a law enforcement agency.	2164

Sec. 5123.541.  (A) No MR/DD employee shall engage in any	2165
sexual conduct or have any sexual contact with an individual with	2166
mental retardation or another developmental disability for whom	2167
the MR/DD employee is employed or under a contract to provide care	2168
unless the individual is the MR/DD employee's spouse.	2169

(B) Any MR/DD employee who violates division (A) of this	2170
section shall be eligible to be included in the registry regarding	2171
misappropriation, abuse, neglect, or other specified misconduct by	2172
MR/DD employees established under section 5123.52 of the Revised	2173
Code, in addition to any other sanction or penalty authorized or	2174
required by law.	2175

(C)(1) Any person listed in division (C)(2) of section	2176
5123.61 of the Revised Code who has reason to believe that an	2177
MR/DD employee has violated division (A) of this section shall	2178
immediately report that belief to the department of mental	2179
retardation and developmental disabilities.	2180

(2) Any person who has reason to believe that an MR/DD	2181
employee has violated division (A) of this section may report that	2182
belief to the department of mental retardation and developmental	2183
disabilities.	2184

Sec. 5123.542.  (A) Each of the following shall annually	2185
provide a written notice to each of its MR/DD employees explaining	2186
the conduct for which an MR/DD employee may be included in the	2187
registry established under section 5123.52 of the Revised Code:	2188

(1) The department of mental retardation and developmental	2189
disabilities;	2190

(2) Each county board of mental retardation and developmental	2191
disabilities;	2192

(3) Each contracting entity, as defined in section 5126.281	2193
of the Revised Code;	2194

(4) Each owner, operator, or administrator of a residential	2195
facility, as defined in section 5123.19 of the Revised Code;	2196

(5) Each owner, operator, or administrator of a program	2197
certified by the department to provide supported living.	2198

(B) The notice described in division (A) of this section	2199
shall be in a form and provided in a manner prescribed by the	2200
department of mental retardation and developmental disabilities.	2201
The form shall be the same for all persons and entities required	2202
to provide notice under division (A) of this section.	2203

(C) The fact that an MR/DD employee does not receive the	2204
notice required by this section does not exempt the employee from	2205
inclusion in the registry established under section 5123.52 of the	2206
Revised Code.	2207

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

2208

(1) "Law enforcement agency" means the state highway patrol,	2209
the police department of a municipal corporation, or a county	2210
sheriff.	2211

(2) "Abuse" has the same meaning as in section 5123.50 of the	2212
Revised Code, except that it includes a misappropriation, as	2213
defined in that section.	2214

(3) "Neglect" has the same meaning as in section 5123.50 of	2215
the Revised Code.	2216

(B) The department of mental retardation and developmental	2217
disabilities shall establish a registry office for the purpose of	2218
maintaining reports of abuse, neglect, and other major unusual	2219
incidents made to the department under this section and reports	2220
received from county boards of mental retardation and	2221
developmental disabilities under section 5126.31 of the Revised	2222
Code. The department shall establish committees to review reports	2223
of abuse, neglect, and other major unusual incidents.	2224

(C)(1) Any person listed in division (C)(2) of this section,	2225
having reason to believe that a person with mental retardation or	2226
a developmental disability has suffered or faces a substantial	2227
risk of suffering any wound, injury, disability, or condition of	2228
such a nature as to reasonably indicate abuse or neglect of that	2229
person, shall immediately report or cause reports to be made of	2230
such information to the entity specified in this division. Except	2231
as provided in section 5120.173 of the Revised Code or as	2232
otherwise provided in this division, the person making the report	2233
shall make it to a law enforcement agency or to the county board	2234
of mental retardation and developmental disabilities, except that	2235
if. If the report concerns a resident of a facility operated by	2236
the department of mental retardation and developmental	2237
disabilities the report shall be made either to a law enforcement	2238
agency or to the department. If the report concerns any act or	2239
omission of an employee of a county board of mental retardation	2240
and developmental disabilities, the report immediately shall be	2241
made to the department and to the county board.	2242

(2) All of the following persons are required to make a	2243
report under division (C)(1) of this section:	2244

(a) Any physician, including a hospital intern or resident,	2245
any dentist, podiatrist, chiropractor, practitioner of a limited	2246
branch of medicine as specified in section 4731.15 of the Revised	2247
Code, hospital administrator or employee of a hospital, nurse	2248
licensed under Chapter 4723. of the Revised Code, employee of an	2249
ambulatory health facility as defined in section 5101.61 of the	2250
Revised Code, employee of a home health agency, employee of an	2251
adult care facility licensed under Chapter 3722. of the Revised	2252
Code, or employee of a community mental health facility;	2253

(b) Any school teacher or school authority, social worker,	2254
psychologist, attorney, peace officer, coroner, clergyman, or	2255
residents' rights advocate as defined in section 3721.10 of the	2256
Revised Code;	2257

(c) A superintendent, board member, or employee of a county	2258
board of mental retardation and developmental disabilities; an	2259
administrator, board member, or employee of a residential facility	2260
licensed under section 5123.19 of the Revised Code; an	2261
administrator, board member, or employee of any other public or	2262
private provider of services to a person with mental retardation	2263
or a developmental disability, or any MR/DD employee, as defined	2264
in section 5123.50 of the Revised Code;	2265

(d) A member of a citizen's advisory council established at	2266
an institution or branch institution of the department of mental	2267
retardation and developmental disabilities under section 5123.092	2268
of the Revised Code;	2269

(e) A clergyman who is employed in a position that includes	2270
providing specialized services to an individual with mental	2271
retardation or another developmental disability, while acting in	2272
an official or professional capacity in that position, or a person	2273
who is employed in a position that includes providing specialized	2274
services to an individual with mental retardation or another	2275
developmental disability and who, while acting in an official or	2276
professional capacity, renders spiritual treatment through prayer	2277
in accordance with the tenets of an organized religion.	2278

(3)(a) The reporting requirements of this division do not	2279
apply to members of the legal rights service commission or to	2280
employees of the legal rights service.	2281

(b) An attorney or physician is not required to make a report	2282
pursuant to division (C)(1) of this section concerning any	2283
communication the attorney or physician receives from a client or	2284
patient in an attorney-client or physician-patient relationship,	2285
if, in accordance with division (A) or (B) of section 2317.02 of	2286
the Revised Code, the attorney or physician could not testify with	2287
respect to that communication in a civil or criminal proceeding,	2288
except that the client or patient is deemed to have waived any	2289
testimonial privilege under division (A) or (B) of section 2317.02	2290
of the Revised Code with respect to that communication and the	2291
attorney or physician shall make a report pursuant to division	2292
(C)(1) of this section, if both of the following apply:	2293

(i) The client or patient, at the time of the communication,	2294
is a person with mental retardation or a developmental disability.	2295

(ii) The attorney or physician knows or suspects, as a result	2296
of the communication or any observations made during that	2297
communication, that the client or patient has suffered or faces a	2298
substantial risk of suffering any wound, injury, disability, or	2299
condition of a nature that reasonably indicates abuse or neglect	2300
of the client or patient.	2301

(4) Any person who fails to make a report required under	2302
division (C) of this section and who is an MR/DD employee, as	2303
defined in section 5123.50 of the Revised Code, shall be eligible	2304
to be included in the registry regarding misappropriation, abuse,	2305
neglect, or other specified misconduct by MR/DD employees	2306
established under section 5123.52 of the Revised Code.	2307

(D) The reports required under division (C) of this section	2308
shall be made forthwith by telephone or in person and shall be	2309
followed by a written report. The reports shall contain the	2310
following:	2311

(1) The names and addresses of the person with mental	2312
retardation or a developmental disability and the person's	2313
custodian, if known;	2314

(2) The age of the person with mental retardation or a	2315
developmental disability;	2316

(3) Any other information that would assist in the	2317
investigation of the report.	2318

(E) When a physician performing services as a member of the	2319
staff of a hospital or similar institution has reason to believe	2320
that a person with mental retardation or a developmental	2321
disability has suffered injury, abuse, or physical neglect, the	2322
physician shall notify the person in charge of the institution or	2323
that person's designated delegate, who shall make the necessary	2324
reports.	2325

(F) Any person having reasonable cause to believe that a	2326
person with mental retardation or a developmental disability has	2327
suffered or faces a substantial risk of suffering abuse or neglect	2328
may report the belief, or cause a report to be made,of that	2329
belief to the entity specified in this division. Except as	2330
provided in section 5120.173 of the Revised Code or as otherwise	2331
provided in this division, the person making the report shall make	2332
it to a law enforcement agency or the county board of mental	2333
retardation and developmental disabilities, or, if. If the person	2334
is a resident of a facility operated by the department of mental	2335
retardation and developmental disabilities, the report shall be	2336
made to a law enforcement agency or to the department. If the	2337
report concerns any act or omission of an employee of a county	2338
board of mental retardation and developmental disabilities, the	2339
report immediately shall be made to the department and to the	2340
county board.	2341

(G)(1) Upon the receipt of a report concerning the possible	2342
abuse or neglect of a person with mental retardation or a	2343
developmental disability, the law enforcement agency shall inform	2344
the county board of mental retardation and developmental	2345
disabilities or, if the person is a resident of a facility	2346
operated by the department of mental retardation and developmental	2347
disabilities, the director of the department or the director's	2348
designee.	2349

(2) On receipt of a report under this section that includes	2350
an allegation of action or inaction that may constitute a crime	2351
under federal law or the law of this state, the department of	2352
mental retardation and developmental disabilities shall notify the	2353
law enforcement agency.	2354

(3) When a county board of mental retardation and	2355
developmental disabilities receives a report under this section	2356
that includes an allegation of action or inaction that may	2357
constitute a crime under federal law or the law of this state, the	2358
superintendent of the board or an individual the superintendent	2359
designates under division (H) of this section shall notify the law	2360
enforcement agency. The superintendent or individual shall notify	2361
the department of mental retardation and developmental	2362
disabilities when it receives any report under this section.	2363

(4) When a county board of mental retardation and	2364
developmental disabilities receives a report under this section	2365
and believes that the degree of risk to the person is such that	2366
the report is an emergency, the superintendent of the board or an	2367
employee of the board the superintendent designates shall attempt	2368
a face-to-face contact with the person with mental retardation or	2369
a developmental disability who allegedly is the victim within one	2370
hour of the board's receipt of the report.	2371

(H) The superintendent of the board may designate an	2372
individual to be responsible for notifying the law enforcement	2373
agency and the department when the county board receives a report	2374
under this section.	2375

(I) An adult with mental retardation or a developmental	2376
disability about whom a report is made may be removed from the	2377
adult's place of residence only by law enforcement officers who	2378
consider that the adult's immediate removal is essential to	2379
protect the adult from further injury or abuse or in accordance	2380
with the order of a court made pursuant to section 5126.33 of the	2381
Revised Code.	2382

(J) A law enforcement agency shall investigate each report of	2383
abuse or neglect it receives under this section. In addition, the	2384
department, in cooperation with law enforcement officials, shall	2385
investigate each report regarding a resident of a facility	2386
operated by the department to determine the circumstances	2387
surrounding the injury, the cause of the injury, and the person	2388
responsible. The investigation shall be in accordance with the	2389
memorandum of understanding prepared under section 5126.058 of the	2390
Revised Code. The department shall determine, with the registry	2391
office which shall be maintained by the department, whether prior	2392
reports have been made concerning andan adult with mental	2393
retardation or a developmental disability or other principals in	2394
the case. If the department finds that the report involves action	2395
or inaction that may constitute a crime under federal law or the	2396
law of this state, it shall submit a report of its investigation,	2397
in writing, to the law enforcement agency. If the person with	2398
mental retardation or a developmental disability is an adult, with	2399
the consent of the adult, the department shall provide such	2400
protective services as are necessary to protect the adult. The law	2401
enforcement agency shall make a written report of its findings to	2402
the department.	2403

If the person is an adult and is not a resident of a facility	2404
operated by the department, the county board of mental retardation	2405
and developmental disabilities shall review the report of abuse or	2406
neglect in accordance with sections 5126.30 to 5126.33 of the	2407
Revised Code and the law enforcement agency shall make the written	2408
report of its findings to the county board.	2409

(K) Any person or any hospital, institution, school, health	2410
department, or agency participating in the making of reports	2411
pursuant to this section, any person participating as a witness in	2412
an administrative or judicial proceeding resulting from the	2413
reports, or any person or governmental entity that discharges	2414
responsibilities under sections 5126.31 to 5126.33 of the Revised	2415
Code shall be immune from any civil or criminal liability that	2416
might otherwise be incurred or imposed as a result of such actions	2417
except liability for perjury, unless the person or governmental	2418
entity has acted in bad faith or with malicious purpose.	2419

(L) No employer or any person with the authority to do so	2420
shall discharge, demote, transfer, prepare a negative work	2421
performance evaluation, reduce pay or benefits, terminate work	2422
privileges, or take any other action detrimental to an employee or	2423
retaliate against an employee as a result of the employee's having	2424
made a report under this section. This division does not preclude	2425
an employer or person with authority from taking action with	2426
regard to an employee who has made a report under this section if	2427
there is another reasonable basis for the action.	2428

(M) Reports made under this section are not public records as	2429
defined in section 149.43 of the Revised Code. Information	2430
contained in the reports on request shall be made available to the	2431
person who is the subject of the report, to the person's legal	2432
counsel, and to agencies authorized to receive information in the	2433
report by the department or by a county board of mental	2434
retardation and developmental disabilities.	2435

(N) Notwithstanding section 4731.22 of the Revised Code, the	2436
physician-patient privilege shall not be a ground for excluding	2437
evidence regarding the injuries or physical neglect of a person	2438
with mental retardation or a developmental disability or the cause	2439
thereof in any judicial proceeding resulting from a report	2440
submitted pursuant to this section.	2441

Sec. 5123.614. (A) Subject to division (B) of this section,	2442
on receipt of a report of a major unusual incident made pursuant	2443
to section 5123.61 or 5126.31 of the Revised Code or rules adopted	2444
under section 5123.612 of the Revised Code, the department of	2445
mental retardation and developmental disabilities may do either of	2446
the following:	2447

(1) Conduct an independent review or investigation of the	2448
incident;	2449

(2) Request that an independent review or investigation of	2450
the incident be conducted by a county board of mental retardation	2451
and developmental disabilities that is not implicated in the	2452
report, a regional council of government, or any other entity	2453
authorized to conduct such investigations.	2454

(B) If a report described in division (A) of this section	2455
concerning the health or safety of a person with mental	2456
retardation or a developmental disability involves an allegation	2457
that an employee of a county board of mental retardation and	2458
developmental disabilities has created a substantial risk of	2459
serious physical harm to a person with mental retardation or a	2460
developmental disability, the department shall do one of the	2461
following:	2462

(1) Conduct an independent investigation regarding the	2463
incident;	2464

(2) Request that an independent review or investigation of	2465
the incident be conducted by a county board of mental retardation	2466
and developmental disabilities that is not implicated in the	2467
report, a regional council of government, or any other entity	2468
authorized to conduct such investigations.	2469

Sec. 5123.99.  (A) Whoever violates section 5123.20 of the	2470
Revised Code is guilty of a misdemeanor of the first degree.	2471

(B) Whoever violates division (C), (E), or (G)(3) of section	2472
5123.61 of the Revised Code shall be fined not more than five	2473
hundred dollarsis guilty of a misdemeanor of the fourth degree	2474
or, if the abuse or neglect constitutes a felony, a misdemeanor of	2475
the second degree. In addition to any other sanction or penalty	2476
authorized or required by law, if a person who is convicted of or	2477
pleads guilty to a violation of division (C), (E), or (G)(3) of	2478
section 5123.61 of the Revised Code is an MR/DD employee, as	2479
defined in section 5123.50 of the Revised Code, the offender shall	2480
be eligible to be included in the registry regarding	2481
misappropriation, abuse, neglect, or other specified misconduct by	2482
MR/DD employees established under section 5123.52 of the Revised	2483
Code.	2484

(C) Whoever violates division (A) of section 5123.604 of the	2485
Revised Code is guilty of a misdemeanor of the second degree.	2486

(D) Whoever violates division (B) of section 5123.604 of the	2487
Revised Code shall be fined not more than one thousand dollars.	2488
Each violation constitutes a separate offense.	2489

Sec. 5126.058. (A) Each county board of mental retardation	2490
and developmental disabilities shall prepare a memorandum of	2491
understanding that is developed by all of the following and that	2492
is signed by the persons identified in divisions (A)(3) to (8) of	2493
this section:	2494

(1) If there is only one probate judge in the county, the	2495
probate judge of the county or the probate judge's representative;	2496

(2) If there is more than one probate judge in the county, a	2497
probate judge or the probate judge's representative selected by	2498
the probate judges or, if they are unable to do so for any reason,	2499
the probate judge who is senior in point of service or the senior	2500
probate judge's representative;	2501

(3) The county peace officer;

2502

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

2503

(5) Other law enforcement officers handling abuse, neglect,	2504
and exploitation of mentally retarded and developmentally disabled	2505
persons in the county;	2506

(6) The prosecuting attorney of the county;

2507

(7) The public children services agency;

2508

(8) The coroner of the county.

2509

(B) A memorandum of understanding shall set forth the normal	2510
operating procedure to be employed by all concerned officials in	2511
the execution of their respective responsibilities under this	2512
section and sections 313.12, 2151.421, 2903.16, 5126.31, and	2513
5126.33 of the Revised Code and shall have as its primary goal the	2514
elimination of all unnecessary interviews of persons who are the	2515
subject of reports made pursuant to this section. A failure to	2516
follow the procedure set forth in the memorandum by the concerned	2517
officials is not grounds for, and shall not result in, the	2518
dismissal of any charge or complaint arising from any reported	2519
case of abuse, neglect, or exploitation or the suppression of any	2520
evidence obtained as a result of any reported abuse, neglect, or	2521
exploitation and does not give any rights or grounds for appeal or	2522
post-conviction relief to any person.	2523

(C) A memorandum of understanding shall include, but is not	2524
limited to, all of the following:	2525

(1) The roles and responsibilities for handling emergency and	2526
nonemergency cases of abuse, neglect, or exploitation;	2527

(2) The roles and responsibilities for handling and	2528
coordinating investigations of reported cases of abuse, neglect,	2529
or exploitation and methods to be used in interviewing the person	2530
who is the subject of the report and who allegedly was abused,	2531
neglected, or exploited;	2532

(3) The roles and responsibilities for addressing the	2533
categories of persons who may interview the person who is the	2534
subject of the report and who allegedly was abused, neglected, or	2535
exploited;	2536

(4) The roles and responsibilities for providing victim	2537
services to mentally retarded and developmentally disabled persons	2538
pursuant to Chapter 2930. of the Revised Code;	2539

(5) The roles and responsibilities for the filing of criminal	2540
charges against persons alleged to have abused, neglected, or	2541
exploited mentally retarded or developmentally disabled persons.	2542

(D) A memorandum of understanding may be signed by victim	2543
advocates, municipal court judges, municipal prosecutors, and any	2544
other person whose participation furthers the goals of a	2545
memorandum of understanding, as set forth in this section.	2546

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

2547

(1) "Applicant" means a person who is under final	2548
consideration for appointment or employment in a position with a	2549
county board of mental retardation and developmental disabilities,	2550
including, but not limited to, a person who is being transferred	2551
to the county board and an employee who is being recalled or	2552
reemployed after a layoff.	2553

(2) "Criminal records check" has the same meaning as in	2554
section 109.572 of the Revised Code.	2555

(3) "Minor drug possession offense" has the same meaning as	2556
in section 2925.01 of the Revised Code.	2557

(B) The superintendent of a county board of mental	2558
retardation and developmental disabilities shall request the	2559
superintendent of the bureau of criminal identification and	2560
investigation to conduct a criminal records check with respect to	2561
any applicant who has applied to the board for employment in any	2562
position, except that a county board superintendent is not	2563
required to request a criminal records check for an employee of	2564
the board who is being considered for a different position or is	2565
returning after a leave of absence or seasonal break in	2566
employment, as long as the superintendent has no reason to believe	2567
that the employee has committed any of the offenses listed or	2568
described in division (E) of this section.	2569

If the applicant does not present proof that the applicant	2570
has been a resident of this state for the five-year period	2571
immediately prior to the date upon which the criminal records	2572
check is requested, the county board superintendent shall request	2573
that the superintendent of the bureau obtain information from the	2574
federal bureau of investigation as a part of the criminal records	2575
check for the applicant. If the applicant presents proof that the	2576
applicant has been a resident of this state for that five-year	2577
period, the county board superintendent may request that the	2578
superintendent of the bureau include information from the federal	2579
bureau of investigation in the criminal records check. For	2580
purposes of this division, an applicant may provide proof of	2581
residency in this state by presenting, with a notarized statement	2582
asserting that the applicant has been a resident of this state for	2583
that five-year period, a valid driver's license, notification of	2584
registration as an elector, a copy of an officially filed federal	2585
or state tax form identifying the applicant's permanent residence,	2586
or any other document the superintendent considers acceptable.	2587

(C) The county board superintendent shall provide to each	2588
applicant a copy of the form prescribed pursuant to division	2589
(C)(1) of section 109.572 of the Revised Code, provide to each	2590
applicant a standard impression sheet to obtain fingerprint	2591
impressions prescribed pursuant to division (C)(2) of section	2592
109.572 of the Revised Code, obtain the completed form and	2593
impression sheet from each applicant, and forward the completed	2594
form and impression sheet to the superintendent of the bureau of	2595
criminal identification and investigation at the time the criminal	2596
records check is requested.	2597

Any applicant who receives pursuant to this division a copy	2598
of the form prescribed pursuant to division (C)(1) of section	2599
109.572 of the Revised Code and a copy of an impression sheet	2600
prescribed pursuant to division (C)(2) of that section and who is	2601
requested to complete the form and provide a set of fingerprint	2602
impressions shall complete the form or provide all the information	2603
necessary to complete the form and shall provide the impression	2604
sheet with the impressions of the applicant's fingerprints. If an	2605
applicant, upon request, fails to provide the information	2606
necessary to complete the form or fails to provide impressions of	2607
the applicant's fingerprints, the county board superintendent	2608
shall not employ that applicant.	2609

(D) A county board superintendent may request any other state	2610
or federal agency to supply the board with a written report	2611
regarding the criminal record of each applicant. With regard to an	2612
applicant who becomes a board employee, if the employee holds an	2613
occupational or professional license or other credentials, the	2614
superintendent may request that the state or federal agency that	2615
regulates the employee's occupation or profession supply the board	2616
with a written report of any information pertaining to the	2617
employee's criminal record that the agency obtains in the course	2618
of conducting an investigation or in the process of renewing the	2619
employee's license or other credentials.	2620

(E) Except as provided in division (K)(2) of this section and	2621
in rules adopted by the department of mental retardation and	2622
developmental disabilities in accordance with division (M) of this	2623
section, no county board of mental retardation and developmental	2624
disabilities shall employ a person to fill a position with the	2625
board who has been convicted of or pleaded guilty to any of the	2626
following:	2627

(1) A violation of section 2903.01, 2903.02, 2903.03,	2628
2903.341, 2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21,	2629
2903.34, 2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04,	2630
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22,	2631
2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323,	2632
2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24,	2633
2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04,	2634
2925.05, 2925.06, or 3716.11 of the Revised Code, a violation of	2635
section 2905.04 of the Revised Code as it existed prior to July 1,	2636
1996, a violation of section 2919.23 of the Revised Code that	2637
would have been a violation of section 2905.04 of the Revised Code	2638
as it existed prior to July 1, 1996, had the violation occurred	2639
prior to that date, a violation of section 2925.11 of the Revised	2640
Code that is not a minor drug possession offense, or felonious	2641
sexual penetration in violation of former section 2907.12 of the	2642
Revised Code;	2643

(2) A felony contained in the Revised Code that is not listed	2644
in this division, if the felony bears a direct and substantial	2645
relationship to the duties and responsibilities of the position	2646
being filled;	2647

(3) Any offense contained in the Revised Code constituting a	2648
misdemeanor of the first degree on the first offense and a felony	2649
on a subsequent offense, if the offense bears a direct and	2650
substantial relationship to the position being filled and the	2651
nature of the services being provided by the county board;	2652

(4) A violation of an existing or former municipal ordinance	2653
or law of this state, any other state, or the United States, if	2654
the offense is substantially equivalent to any of the offenses	2655
listed or described in division (E)(1), (2), or (3) of this	2656
section.	2657

(F) Prior to employing an applicant, the county board	2658
superintendent shall require the applicant to submit a statement	2659
with the applicant's signature attesting that the applicant has	2660
not been convicted of or pleaded guilty to any of the offenses	2661
listed or described in division (E) of this section. The	2662
superintendent also shall require the applicant to sign an	2663
agreement under which the applicant agrees to notify the	2664
superintendent within fourteen calendar days if, while employed by	2665
the board, the applicant is ever formally charged with, convicted	2666
of, or pleads guilty to any of the offenses listed or described in	2667
division (E) of this section. The agreement shall inform the	2668
applicant that failure to report formal charges, a conviction, or	2669
a guilty plea may result in being dismissed from employment.	2670

(G) A county board of mental retardation and developmental	2671
disabilities shall pay to the bureau of criminal identification	2672
and investigation the fee prescribed pursuant to division (C)(3)	2673
of section 109.572 of the Revised Code for each criminal records	2674
check requested and conducted pursuant to this section.	2675

(H)(1) Any report obtained pursuant to this section is not a	2676
public record for purposes of section 149.43 of the Revised Code	2677
and shall not be made available to any person, other than the	2678
applicant who is the subject of the records check or criminal	2679
records check or the applicant's representative, the board	2680
requesting the records check or criminal records check or its	2681
representative, the department of mental retardation and	2682
developmental disabilities, and any court, hearing officer, or	2683
other necessary individual involved in a case dealing with the	2684
denial of employment to the applicant or the denial, suspension,	2685
or revocation of a certificate or evidence of registration under	2686
section 5126.25 of the Revised Code.	2687

(2) An individual for whom a county board superintendent has	2688
obtained reports under this section may submit a written request	2689
to the county board to have copies of the reports sent to any	2690
state agency, entity of local government, or private entity. The	2691
individual shall specify in the request the agencies or entities	2692
to which the copies are to be sent. On receiving the request, the	2693
county board shall send copies of the reports to the agencies or	2694
entities specified.	2695

A county board may request that a state agency, entity of	2696
local government, or private entity send copies to the board of	2697
any report regarding a records check or criminal records check	2698
that the agency or entity possesses, if the county board obtains	2699
the written consent of the individual who is the subject of the	2700
report.	2701

(I) Each county board superintendent shall request the	2702
registrar of motor vehicles to supply the superintendent with a	2703
certified abstract regarding the record of convictions for	2704
violations of motor vehicle laws of each applicant who will be	2705
required by the applicant's employment to transport individuals	2706
with mental retardation or developmental disabilities or to	2707
operate the board's vehicles for any other purpose. For each	2708
abstract provided under this section, the board shall pay the	2709
amount specified in section 4509.05 of the Revised Code.	2710

(J) The county board superintendent shall provide each	2711
applicant with a copy of any report or abstract obtained about the	2712
applicant under this section. At the request of the director of	2713
mental retardation and developmental disabilities, the	2714
superintendent also shall provide the director with a copy of a	2715
report or abstract obtained under this section.	2716

(K)(1) The county board superintendent shall inform each	2717
person, at the time of the person's initial application for	2718
employment, that the person is required to provide a set of	2719
impressions of the person's fingerprints and that a criminal	2720
records check is required to be conducted and satisfactorily	2721
completed in accordance with section 109.572 of the Revised Code	2722
if the person comes under final consideration for appointment or	2723
employment as a precondition to employment in a position.	2724

(2) A board may employ an applicant pending receipt of	2725
reports requested under this section. The board shall terminate	2726
employment of any such applicant if it is determined from the	2727
reports that the applicant failed to inform the county board that	2728
the applicant had been convicted of or pleaded guilty to any of	2729
the offenses listed or described in division (E) of this section.	2730

(L) The board may charge an applicant a fee for costs it	2731
incurs in obtaining reports, abstracts, or fingerprint impressions	2732
under this section. A fee charged under this division shall not	2733
exceed the amount of the fees the board pays under divisions (G)	2734
and (I) of this section. If a fee is charged under this division,	2735
the board shall notify the applicant of the amount of the fee at	2736
the time of the applicant's initial application for employment and	2737
that, unless the fee is paid, the board will not consider the	2738
applicant for employment.	2739

(M) The department of mental retardation and developmental	2740
disabilities shall adopt rules pursuant to Chapter 119. of the	2741
Revised Code to implement this section and section 5126.281 of the	2742
Revised Code, including rules specifying circumstances under which	2743
a county board or contracting entity may hire a person who has	2744
been convicted of or pleaded guilty to an offense listed or	2745
described in division (E) of this section but who meets standards	2746
in regard to rehabilitation set by the department. The rules may	2747
not authorize a county board or contracting entity to hire an	2748
individual who is included in the registry established under	2749
section 5123.52 of the Revised Code.	2750

Sec. 5126.30.  As used in sections 5126.30 to 5126.34 of the	2751
Revised Code:	2752

(A) "Adult" means a person eighteen years of age or older	2753
with mental retardation or a developmental disability.	2754

(B) "Caretaker" means a person who is responsible for the	2755
care of an adult by order of a court, including an order of	2756
guardianship, or who assumes the responsibility for the care of an	2757
adult as a volunteer, as a family member, by contract, or by the	2758
acceptance of payment for care.	2759

(C) "Abuse" has the same meaning as in section 5123.50 of the	2760
Revised Code, except that it includes a misappropriation, as	2761
defined in that section.	2762

(D) "Neglect" has the same meaning as in section 5123.50 of	2763
the Revised Code.	2764

(E) "Exploitation" means the unlawful or improper act of a	2765
caretaker using an adult or an adult's resources for monetary or	2766
personal benefit, profit, or gain, including misappropriation, as	2767
defined in section 5123.50 of the Revised Code, of an adult's	2768
resources.	2769

(F) "Working day" means Monday, Tuesday, Wednesday, Thursday,	2770
or Friday, except when that day is a holiday as defined in section	2771
1.14 of the Revised Code.	2772

(F)(G) "Incapacitated" means lacking understanding or	2773
capacity, with or without the assistance of a caretaker, to make	2774
and carry out decisions regarding food, clothing, shelter, health	2775
care, or other necessities, but does not include mere refusal to	2776
consent to the provision of services.	2777

(H) "Emergency protective services" means protective services	2778
furnished to a person with mental retardation or a developmental	2779
disability to prevent immediate physical harm.	2780

(I) "Protective services" means services provided by the	2781
county board of mental retardation and developmental disabilities	2782
to an adult with mental retardation or a developmental disability	2783
for the prevention, correction, or discontinuance of an act of as	2784
well as conditions resulting from abuse, neglect, or exploitation.	2785

(J) "Protective service plan" means an individualized plan	2786
developed by the county board of mental retardation and	2787
developmental disabilities to prevent the further abuse, neglect,	2788
or exploitation of an adult with mental retardation or a	2789
developmental disability.	2790

(K) "Substantial risk" has the same meaning as in section	2791
2901.01 of the Revised Code.	2792

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

2793

(1) An adult who is the subject of a probate proceeding under	2794
sections 5126.30 to 5126.33 of the Revised Code;	2795

(2) A caretaker, unless otherwise ordered by the probate	2796
court;	2797

(3) Any other person designated as a party by the probate	2798
court including but not limited to, the adult's spouse, custodian,	2799
guardian, or parent.	2800

(M) "Board" has the same meaning as in section 5126.02 of the	2801
Revised Code.	2802

Sec. 5126.33.  (A) A county board of mental retardation and	2803
developmental disabilities may file a complaint with the probate	2804
court of the county in which an adult with mental retardation or a	2805
developmental disability resides for an order authorizing the	2806
board to arrange services described in division (C) of section	2807
5126.31 of the Revised Code for that adult if the adult is	2808
eligible to receive services or support under section 5126.041 of	2809
the Revised Code and the board has been unable to secure consent.	2810
The complaint shall include:	2811

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

2812

(2) Facts describing the nature of the abuse or, neglect, or	2813
exploitation and supporting the board's belief that services are	2814
needed;	2815

(3) The types of services proposed by the board, as set forth	2816
in the individualizedprotective service plan prepared pursuant to	2817
described in division (J) of section 5126.315126.30 of the	2818
Revised Code and filed with the complaint;	2819

(4) Facts showing the board's attempts to obtain the consent	2820
of the adult or the adult's guardian to the services.	2821

(B) The board shall give the adult notice of the filing of	2822
the complaint and in simple and clear language shall inform the	2823
adult of the adult's rights in the hearing under division (C) of	2824
this section and explain the consequences of a court order. This	2825
notice shall be personally served upon the adultall parties, and	2826
also shall be given to the adult's caretaker, the adult's legal	2827
counsel, if any, and the legal rights service. The notice shall be	2828
given at least twenty-four hours prior to the hearing, although	2829
the court may waive this requirement upon a showing that there is	2830
a substantial risk that the adult will suffer immediate physical	2831
harm in the twenty-four hour period and that the board has made	2832
reasonable attempts to give the notice required by this division.	2833

(C) Upon the filing of a complaint for an order under this	2834
section, the court shall hold a hearing at least twenty-four hours	2835
and no later than seventy-two hours after the notice under	2836
division (B) of this section has been given unless the court has	2837
waived the notice. The adultAll parties shall have the right to	2838
be present at the hearing, present evidence, and examine and	2839
cross-examine witnesses. The Ohio Rules of Evidence shall apply to	2840
a hearing conducted pursuant to this division. The adult shall be	2841
represented by counsel unless the court finds that the adult has	2842
made a voluntary, informed, and knowing waiver of the right to	2843
counsel. If the adult is indigent, the court shall appoint counsel	2844
to represent the adult. The board shall be represented by the	2845
county prosecutor or an attorney designated by the board.	2846

(D)(1) The court shall issue an order authorizing the board	2847
to arrange the protective services if it finds, on the basis of	2848
clear and convincing evidence, all of the following:	2849

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

2850

(b) The adult is incapacitated;

2851

(c) There is a substantial risk to the adult of immediate	2852
physical harm or death;	2853

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

2854

(e) No person authorized by law or court order to give	2855
consent for the adult is available or willing to consent to the	2856
services.	2857

(2) The board shall develop a detailed protective service	2858
plan describing the services that the board will provide, or	2859
arrange for the provision of, to the adult to prevent further	2860
abuse, neglect, or exploitation. The board shall submit the plan	2861
to the court for approval. The protective service plan may be	2862
changed only by court order.	2863

(3) In formulating the order, the court shall consider the	2864
individual protective service plan and shall specifically	2865
designate the services that are necessary to deal with the abuse	2866
or, neglect, or exploitation or condition resulting from abuse or,	2867
neglect, or exploitation and that are available locally, and	2868
authorize the board to arrange for these services only. The court	2869
shall limit the provision of these services to a period not	2870
exceeding fourteen dayssix months, renewable for an additional	2871
fourteen-daysix-month period on a showing by the board that	2872
continuation of the order is necessary.	2873

(E) If the court finds that all other options for meeting the	2874
adult's needs have been exhausted, it may order that the adult be	2875
removed from the adult's place of residence and placed in another	2876
residential setting. Before issuing that order, the court shall	2877
consider the adult's choice of residence and shall determine that	2878
the new residential setting is the least restrictive alternative	2879
available for meeting the adult's needs and is a place where the	2880
adult can obtain the necessary requirements for daily living in	2881
safety. The court shall not order an adult to a hospital or public	2882
hospital as defined in section 5122.01 or a state institution as	2883
defined in section 5123.01 of the Revised Code.	2884

(F) The court shall not authorize a change in an adult's	2885
placement ordered under division (E) of this section unless it	2886
finds compelling reasons to justify a change. The parties to whom	2887
notice was given in division (B) of this section shall be given	2888
notice of a proposed change at least five working days prior to	2889
the change.	2890

(G) The adult, the board, or any other person who received	2891
notice of the petition may file a motion for modification of the	2892
court order at any time.	2893

(H) The county board shall pay court costs incurred in	2894
proceedings brought pursuant to this section. The adult shall not	2895
be required to pay for court-ordered services.	2896

(I)(1) After the filing of a complaint for an order under	2897
this section, the court, prior to the final disposition, may enter	2898
any temporary order that the court finds necessary to protect the	2899
adult with mental retardation or a developmental disability from	2900
abuse, neglect, or exploitation including, but not limited to, the	2901
following:	2902

(a) A temporary protection order;

2903

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

2904

(c) An order requiring a party to vacate the adult's place of	2905
residence or legal settlement, provided that, subject to division	2906
(K)(1)(d) of this section, no operator of a residential facility	2907
licensed by the department may be removed under this division;	2908

(d) In the circumstances described in, and in accordance with	2909
the procedures set forth in, section 5123.191 of the Revised Code,	2910
an order of the type described in that section that appoints a	2911
receiver to take possession of and operate a residential facility	2912
licensed by the department.	2913

(2) The court may grant an ex parte order pursuant to this	2914
division on its own motion or if a party files a written motion or	2915
makes an oral motion requesting the issuance of the order and	2916
stating the reasons for it if it appears to the court that the	2917
best interest and the welfare of the adult require that the court	2918
issue the order immediately. The court, if acting on its own	2919
motion, or the person requesting the granting of an ex parte	2920
order, to the extent possible, shall give notice of its intent or	2921
of the request to all parties, the adult's legal counsel, if any,	2922
and the legal rights service. If the court issues an ex parte	2923
order, the court shall hold a hearing to review the order within	2924
seventy-two hours after it is issued or before the end of the next	2925
day after the day on which it is issued, whichever occurs first.	2926
The court shall give written notice of the hearing to all parties	2927
to the action.	2928

Sec. 5126.331. (A) A probate court, through a probate judge	2929
or magistrate, may issue by telephone an ex parte emergency order	2930
authorizing any of the actions described in division (B) of this	2931
section if all of the following are the case:	2932

(1) The court receives notice from the county board of mental	2933
retardation and developmental disabilities, or an authorized	2934
employee of the board, that the board or employee believes an	2935
emergency order is needed as described in this section.	2936

(2) The adult who is the subject of the notice is eligible to	2937
receive services or support under section 5126.041 of the Revised	2938
Code.	2939

(3) There is reasonable cause to believe that the adult is	2940
incapacitated.	2941

(4) There is reasonable cause to believe that there is a	2942
substantial risk to the adult of immediate physical harm or death.	2943

(B) An order issued under this section may authorize the	2944
county board of mental retardation and developmental disabilities	2945
to do any of the following:	2946

(1) Provide, or arrange for the provision of, emergency	2947
protective services for the adult;	2948

(2) Remove the adult from the adult's place of residence or	2949
legal settlement;	2950

(3) Remove the adult from the place where the abuse, neglect,	2951
or exploitation occurred.	2952

(C) A court shall not issue an order under this section to	2953
remove an adult from a place described in division (B)(2) or (3)	2954
of this section until the court is satisfied that reasonable	2955
efforts have been made to notify the adult and any person with	2956
whom the adult resides of the proposed removal and the reasons for	2957
it, except that, the court may issue an order prior to giving the	2958
notice if one of the following is the case:	2959

(1) Notification could jeopardize the physical or emotional	2960
safety of the adult.	2961

(2) The notification could result in the adult being removed	2962
from the court's jurisdiction.	2963

(D) An order issued under this section shall be in effect for	2964
not longer than twenty-four hours, except that if the day	2965
following the day on which the order is issued is a weekend-day or	2966
legal holiday, the order shall remain in effect until the next	2967
business day.	2968

(E)(1) Except as provided in division (E)(2) of this section,	2969
not later than twenty-four hours after an order is issued under	2970
this section, the county board or employee that provided notice to	2971
the probate court shall file a complaint with the court in	2972
accordance with division (A) of section 5126.33 of the Revised	2973
Code.	2974

(2) If the day following the day on which the order was	2975
issued is a weekend-day or a holiday, the county board or employee	2976
shall file the complaint with the probate court on the next	2977
business day.	2978

(3) Except as provided in section 5126.332 of the Revised	2979
Code, proceedings on the complaint filed pursuant to this division	2980
shall be conducted in accordance with section 5126.33 of the	2981
Revised Code.	2982

Sec. 5126.332.  (A) If an order is issued pursuant to section	2983
5126.331 of the Revised Code, the court shall hold a hearing not	2984
later than twenty-four hours after the issuance to determine	2985
whether there is probable cause for the order, except that if the	2986
day following the day on which the order is issued is a	2987
weekend-day or legal holiday, the court shall hold the hearing on	2988
the next business day.	2989

(B) At the hearing, the court:

2990

(1) Shall consider the adult's choice of residence and	2991
determine whether protective services are the least restrictive	2992
alternative available for meeting the adult's needs;	2993

(2) May issue temporary orders to protect the adult from	2994
immediate physical harm, including, but not limited to, temporary	2995
protection orders, evaluations, and orders requiring a party to	2996
vacate the adult's place of residence or legal settlement;	2997

(3) May order emergency protective services.

2998

(C) A temporary order issued pursuant to division (B)(2) of	2999
this section is effective for thirty days. The court may renew the	3000
order for an additional thirty-day period.	3001

Sec. 5126.333. Any person who has reason to believe that	3002
there is a substantial risk to an adult with mental retardation or	3003
a developmental disability of immediate physical harm or death and	3004
that the responsible county board of mental retardation and	3005
developmental disabilities has failed to seek an order pursuant to	3006
section 5126.33 or 5126.331 of the Revised Code may notify the	3007
department of mental retardation and developmental disabilities.	3008
Within twenty-four hours of receipt of such notice, the department	3009
shall cause an investigation to be conducted regarding the notice.	3010
The department shall provide assistance to the county board to	3011
provide for the health and safety of the adult as permitted by	3012
law.	3013

Section 2. That existing sections 109.572, 313.12, 2108.50,	3014
2151.421, 2311.14, 2930.03, 5120.173, 5123.081, 5123.50, 5123.51,	3015
5123.61, 5123.99, 5126.28, 5126.30, and 5126.33 of the Revised	3016
Code are hereby repealed.	3017

Section 3. The Department of Mental Retardation and	3018
Developmental Disabilities shall adopt rules pursuant to Chapter	3019
119. of the Revised Code that provide standards for the	3020
substantiation by the Department and by county boards of mental	3021
retardation of reports of abuse or neglect filed under section	3022
5123.61 of the Revised Code.	3023

Section 4. That the version of section 5123.50 of the Revised	3024
Code that is scheduled to take effect on December 31, 2003, be	3025
amended to read as follows:	3026

Sec. 5123.50.  As used in this section and sections 5123.51	3027
and, 5123.52, and 5123.541 of the Revised Code:	3028

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

3029

(1) The use of physical force that can reasonably be expected	3030
to result in physical harm or serious physical harm;	3031

(2) Sexual abuse;

3032

(3) Verbal abuse.

3033

(B) "Misappropriation" means depriving, defrauding, or	3034
otherwise obtaining the real or personal property of an individual	3035
by any means prohibited by the Revised Code, including violations	3036
of Chapter 2911. or 2913. of the Revised Code.	3037

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

3038

(1) An employee of the department of mental retardation and	3039
developmental disabilities;	3040

(2) An employee of a county board of mental retardation and	3041
developmental disabilities;	3042

(3) An employee in a position that includes providing	3043
specialized services to an individual with mental retardation or a	3044
another developmental disability.	3045

(D) "Neglect" means, when there is a duty to do so, failing	3046
to provide an individual with any treatment, care, goods, or	3047
services that are necessary to maintain the health and safety of	3048
the individual.	3049

(E) "Physical harm" and "serious physical harm" have the same	3050
meanings as in section 2901.01 of the Revised Code.	3051

(F) "Sexual abuse" means unlawful sexual conduct or sexual	3052
contact, as those terms are defined in section 2907.01 of the	3053
Revised Code.	3054

(G) "Specialized services" means any program or service	3055
designed and operated to serve primarily individuals with mental	3056
retardation or a developmental disability, including a program or	3057
service provided by an entity licensed or certified by the	3058
department of mental retardation and developmental disabilities. A	3059
program or service available to the general public is not a	3060
specialized service.	3061

(H) "Verbal abuse" means purposely using words to threaten,	3062
coerce, intimidate, harass, or humiliate an individual.	3063

(I) "Sexual conduct," "sexual contact," and "spouse" have the	3064
same meanings as in section 2907.01 of the Revised Code.	3065

Section 5. That the existing version of section 5123.50 of	3066
the Revised Code that is scheduled to take effect on December 31,	3067
2003, is hereby repealed.	3068

Section 6. Sections 4 and 5 of this act shall take effect	3069
December 31, 2003.	3070

Section 7.  Sections 107.31 and 107.32 of the Revised Code	3071
shall apply to all state institutional facilities, as defined in	3072
section 107.31 of the Revised Code, that were in operation on or	3073
after January 1, 2003.	3074

Section 8. Section 109.572 of the Revised Code is presented	3075
in this act as a composite of the section as amended by both Sub.	3076
H.B. 448 and Sub. H.B. 538 of the 123rd General Assembly. Section	3077
2151.421 of the Revised Code is presented in this act as a	3078
composite of the section as amended by Am. Sub. H.B. 374, Sub.	3079
H.B. 510, and Am. Sub. S.B. 221 all of the 124th General Assembly.	3080
Section 5126.28 of the Revised Code is presented in this act as a	3081
composite of the section as amended by both Sub. H.B. 538 and Sub.	3082
S.B. 171 of the 123rd General Assembly. The General Assembly,	3083
applying the principle stated in division (B) of section 1.52 of	3084
the Revised Code that amendments are to be harmonized if	3085
reasonably capable of simultaneous operation, finds that the	3086
composites are the resulting versions of the sections in effect	3087
prior to the effective date of the sections as presented in this	3088
act.	3089