REPRESENTATIVES Reidelbach, Widowfield, Book, Gilb, Harwood

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
control of the department of rehabilitation and correction, the	29
department of youth services, the department of mental retardation	30
and developmental disabilities, the department of mental health,	31
or any other agency or department of state government.	32

(2) "Target state agency" means the agency of state	33
government that the governor identifies in a notice provided under	34
division (C)(1) of this section and that operates an institutional	35
facility or facilities the governor believes should be closed.	36

(B) Notwithstanding any other provision of law, the governor	37
shall not order the closure of any state institutional facility,	38
for the purpose of expenditure reductions or budget cuts, other	39
than in accordance with this section.	40

(C) If the governor determines that necessary expenditure	41
reductions and budget cuts cannot be made without closing one or	42
more state institutional facilities, all of the following apply:	43

(1) The governor shall determine which state agency's	44
institutional facility or facilities the governor believes should	45
be closed, shall notify the general assembly and that agency of	46
that determination, and shall specify in the notice the number of	47
facilities of that agency that the governor believes should be	48
closed and the anticipated savings to be obtained through that	49
closure or those closures.	50

(2) Upon the governor's provision of the notice described in	51
division (C)(1) of this section, a state facilities closure	52
commission shall be created as described in division (D) of this	53
section regarding the target state agency. Not later than seven	54
days after the governor provides that notice, the officials with	55
the duties to appoint members of the commission for the target	56
state agency, as described in division (D) of this section, shall	57
appoint the specified members of the commission, and, as soon as	58
possible after the appointments, the commission shall meet for the	59
purposes described in that division. Not later than thirty days	60
after the governor provides the notice described in division	61
(C)(1) of this section, the state facilities closure commission	62
shall provide to the general assembly, the governor, and the	63
target state agency a report that contains the commission's	64
recommendation as to the state institutional facility or	65
facilities of the target state agency that the governor may close.	66
The anticipated savings to be obtained by the commission's	67
recommendation shall be approximately the same as the anticipated	68
savings the governor specified in the governor's notice provided	69
under division (C)(1) of this section, and, if the recommendation	70
identifies more than one facility, it shall list them in order of	71
the commission's preference for closure. A state facilities	72
closure commission created for a particular target state agency	73
shall make a report only regarding that target state agency and	74
shall include no recommendations regarding any other state agency	75
or department in its report.	76

(3) Upon receipt of the report of the state facilities	77
closure commission under division (C)(2) of this section for a	78
target state agency, if the governor still believes that necessary	79
expenditure reductions and budget cuts cannot be made without	80
closing one or more state institutional facilities, the governor	81
may close state institutional facilities of the target state	82
agency that are identified in the commission's recommendation	83
contained in the report. Except as otherwise provided in this	84
division, the governor shall not close any state institutional	85
facility of the target state agency that is not listed in the	86
commission's recommendation, and shall not close multiple	87
institutions in any order other than the order of the commission's	88
preference as specified in the recommendation. The governor is not	89
required to follow the recommendation of the commission in closing	90
an institutional facility if the governor determines that a	91
significant change in circumstances make the recommendation	92
unworkable.	93

(D) A state facilities closure commission shall be created at	94
the time and in the manner specified in division (C)(2) of this	95
section. If more than one state agency or department is a target	96
state agency, a separate state facilities closure commission shall	97
be created for each such target state agency. Each commission	98
consists of eleven members. Three members shall be members of the	99
house of representatives appointed by the speaker of the house of	100
representatives, none of the members so appointed may have a state	101
institutional facility of the target state agency in the member's	102
district, two of the members so appointed shall be members of the	103
majority political party in the house of representatives, and one	104
of the members so appointed shall not be a member of the majority	105
political party in the house of representatives. Three members	106
shall be members of the senate appointed by the president of the	107
senate, none of the members so appointed may have a state	108
institutional facility of the target state agency in the member's	109
district, two of the members so appointed shall be members of the	110
majority political party in the senate, and one of the members so	111
appointed shall not be a member of the majority political party in	112
the senate. One member shall be the director of budget and	113
management. One member shall be the director, or other agency	114
head, of the target state agency. Two members shall be private	115
executives with expertise in facility utilization, with one of	116
these members appointed by the speaker of the house of	117
representatives and the other appointed by the president of the	118
senate, and neither of the members so appointed may have a state	119
institutional facility of the target state agency in the county in	120
which the member resides. One member shall be a representative of	121
the Ohio civil service employees' association or other	122
representative association of the employees of the target state	123
agency, appointed by the speaker of the house of representatives.	124
The officials with the duties to appoint members of the commission	125
shall make the appointments, and the commission shall meet, within	126
the time periods specified in division (C)(2) of this section. The	127
members of the commission shall serve without compensation. At the	128
commission's first meeting, the members shall organize, and	129
appoint a chairperson and vice-chairperson.	130

The commission shall determine which state institutional	131
facility or facilities under the control of the target state	132
agency for which the commission was created should be closed. In	133
making this determination, the commission shall, at a minimum,	134
consider the following factors:	135

(1) Whether there is a need to reduce the number of	136
facilities;	137

(2) The availability of alternate facilities;

138

(3) The cost effectiveness of the facilities;

139

(4) The geographic factors associated with each facility and	140
its proximity to other similar facilities;	141

(5) The impact of collective bargaining on facility	142
operations;	143

(6) The utilization and maximization of resources;

144

(7) Continuity of the staff and ability to serve the facility	145
population;	146

(8) Continuing costs following closure of a facility;

147

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

148

(10) Alternatives and opportunities for consolidation with	149
other facilities.	150

The commission shall meet as often as necessary to make its	151
determination, may take testimony and consider all relevant	152
information, and shall prepare and provide in accordance with	153
division (C)(2) of this section a report containing its	154
recommendations. Upon providing the report regarding the target	155
state agency, the commission shall cease to exist, provided that	156
another commission shall be created for the same state agency if	157
the agency is made a target state agency in another report	158
provided under division (C)(1) of this section and provided that	159
another commission shall be created for a different state agency	160
if that other agency is made a target state agency in a report	161
provided under that division.	162

Sec. 107.32. Notwithstanding any other provision of law, if	163
the closure of the particular facility is authorized under section	164
107.31 of the Revised Code, the governor may terminate any	165
contract entered into under section 9.06 of the Revised Code for	166
the private operation and management of any correctional facility	167
under the control of the department of rehabilitation and	168
correction, including, but not limited to the initial intensive	169
program prison established pursuant to section 5120.033 of the	170
Revised Code as it existed prior to the effective date of this	171
section, and terminate the operation of, and close that facility.	172
If the governor terminates a contract for the private operation	173
and management of a facility, and terminates the operation of, and	174
closes, the facility as described in this section, inmates in the	175
facility shall be transferred to another correctional facility	176
under the control of the department. If the initial intensive	177
program prison is closed, divisions (G)(2)(a) and (b) of section	178
2929.13 of the Revised Code have no effect while the facility is	179
closed.	180

Sec. 109.572. (A)(1) Upon receipt of a request pursuant to	181
section 2151.86, 3301.32, 3301.541, 3319.39, 5104.012, 5104.013,	182
or 5153.111 of the Revised Code, a completed form prescribed	183
pursuant to division (C)(1) of this section, and a set of	184
fingerprint impressions obtained in the manner described in	185
division (C)(2) of this section, the superintendent of the bureau	186
of criminal identification and investigation shall conduct a	187
criminal records check in the manner described in division (B) of	188
this section to determine whether any information exists that	189
indicates that the person who is the subject of the request	190
previously has been convicted of or pleaded guilty to any of the	191
following:	192

(a) A violation of section 2903.01, 2903.02, 2903.03,	193
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	194
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,	195
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,	196
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01,	197
2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25,	198
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05,	199
2925.06, or 3716.11 of the Revised Code, felonious sexual	200
penetration in violation of former section 2907.12 of the Revised	201
Code, a violation of section 2905.04 of the Revised Code as it	202
existed prior to July 1, 1996, a violation of section 2919.23 of	203
the Revised Code that would have been a violation of section	204
2905.04 of the Revised Code as it existed prior to July 1, 1996,	205
had the violation been committed prior to that date, or a	206
violation of section 2925.11 of the Revised Code that is not a	207
minor drug possession offense;	208

(b) A violation of an existing or former law of this state,	209
any other state, or the United States that is substantially	210
equivalent to any of the offenses listed in division (A)(1)(a) of	211
this section.	212

(2) On receipt of a request pursuant to section 5123.081 of	213
the Revised Code with respect to an applicant for employment in	214
any position with the department of mental retardation and	215
developmental disabilities, pursuant to section 5126.28 of the	216
Revised Code with respect to an applicant for employment in any	217
position with a county board of mental retardation and	218
developmental disabilities, or pursuant to section 5126.281 of the	219
Revised Code with respect to an applicant for employment in a	220
direct services position with an entity contracting with a county	221
board for employment, a completed form prescribed pursuant to	222
division (C)(1) of this section, and a set of fingerprint	223
impressions obtained in the manner described in division (C)(2) of	224
this section, the superintendent of the bureau of criminal	225
identification and investigation shall conduct a criminal records	226
check. The superintendent shall conduct the criminal records check	227
in the manner described in division (B) of this section to	228
determine whether any information exists that indicates that the	229
person who is the subject of the request has been convicted of or	230
pleaded guilty to any of the following:	231

(a) A violation of section 2903.01, 2903.02, 2903.03,	232
2903.341, 2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21,	233
2903.34, 2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03,	234
2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12,	235
2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321,	236
2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12,	237
2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02,	238
2925.03, or 3716.11 of the Revised Code;	239

(b) An existing or former municipal ordinance or law of this	240
state, any other state, or the United States that is substantially	241
equivalent to any of the offenses listed in division (A)(2)(a) of	242
this section.	243

(3) On receipt of a request pursuant to section 173.41,	244
3712.09, 3721.121, or 3722.151 of the Revised Code, a completed	245
form prescribed pursuant to division (C)(1) of this section, and a	246
set of fingerprint impressions obtained in the manner described in	247
division (C)(2) of this section, the superintendent of the bureau	248
of criminal identification and investigation shall conduct a	249
criminal records check with respect to any person who has applied	250
for employment in a position that involves providing direct care	251
to an older adult. The superintendent shall conduct the criminal	252
records check in the manner described in division (B) of this	253
section to determine whether any information exists that indicates	254
that the person who is the subject of the request previously has	255
been convicted of or pleaded guilty to any of the following:	256

(a) A violation of section 2903.01, 2903.02, 2903.03,	257
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	258
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,	259
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,	260
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,	261
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,	262
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,	263
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,	264
2925.22, 2925.23, or 3716.11 of the Revised Code;	265

(b) An existing or former law of this state, any other state,	266
or the United States that is substantially equivalent to any of	267
the offenses listed in division (A)(3)(a) of this section.	268

(4) On receipt of a request pursuant to section 3701.881 of	269
the Revised Code with respect to an applicant for employment with	270
a home health agency as a person responsible for the care,	271
custody, or control of a child, a completed form prescribed	272
pursuant to division (C)(1) of this section, and a set of	273
fingerprint impressions obtained in the manner described in	274
division (C)(2) of this section, the superintendent of the bureau	275
of criminal identification and investigation shall conduct a	276
criminal records check. The superintendent shall conduct the	277
criminal records check in the manner described in division (B) of	278
this section to determine whether any information exists that	279
indicates that the person who is the subject of the request	280
previously has been convicted of or pleaded guilty to any of the	281
following:	282

(a) A violation of section 2903.01, 2903.02, 2903.03,	283
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	284
2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03, 2907.04,	285
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.21,	286
2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322,	287
2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22,	288
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03,	289
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code or a	290
violation of section 2925.11 of the Revised Code that is not a	291
minor drug possession offense;	292

(b) An existing or former law of this state, any other state,	293
or the United States that is substantially equivalent to any of	294
the offenses listed in division (A)(4)(a) of this section.	295

(5) On receipt of a request pursuant to section 3701.881 of	296
the Revised Code with respect to an applicant for employment with	297
a home health agency in a position that involves providing direct	298
care to an older adult, a completed form prescribed pursuant to	299
division (C)(1) of this section, and a set of fingerprint	300
impressions obtained in the manner described in division (C)(2) of	301
this section, the superintendent of the bureau of criminal	302
identification and investigation shall conduct a criminal records	303
check. The superintendent shall conduct the criminal records check	304
in the manner described in division (B) of this section to	305
determine whether any information exists that indicates that the	306
person who is the subject of the request previously has been	307
convicted of or pleaded guilty to any of the following:	308

(a) A violation of section 2903.01, 2903.02, 2903.03,	309
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	310
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,	311
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,	312
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,	313
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,	314
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,	315
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,	316
2925.22, 2925.23, or 3716.11 of the Revised Code;	317

(b) An existing or former law of this state, any other state,	318
or the United States that is substantially equivalent to any of	319
the offenses listed in division (A)(5)(a) of this section.	320

(6) When conducting a criminal records check upon a request	321
pursuant to section 3319.39 of the Revised Code for an applicant	322
who is a teacher, in addition to the determination made under	323
division (A)(1) of this section, the superintendent shall	324
determine whether any information exists that indicates that the	325
person who is the subject of the request previously has been	326
convicted of or pleaded guilty to any offense specified in section	327
3319.31 of the Revised Code.	328

(7) When conducting a criminal records check on a request	329
pursuant to section 2151.86 of the Revised Code for a person who	330
is a prospective foster caregiver or who is eighteen years old or	331
older and resides in the home of a prospective foster caregiver,	332
the superintendent, in addition to the determination made under	333
division (A)(1) of this section, shall determine whether any	334
information exists that indicates that the person has been	335
convicted of or pleaded guilty to a violation of:	336

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

337

(b) An existing or former law of this state, any other state,	338
or the United States that is substantially equivalent to section	339
2909.02 or 2909.03 of the Revised Code.	340

(8) Not later than thirty days after the date the	341
superintendent receives the request, completed form, and	342
fingerprint impressions, the superintendent shall send the person,	343
board, or entity that made the request any information, other than	344
information the dissemination of which is prohibited by federal	345
law, the superintendent determines exists with respect to the	346
person who is the subject of the request that indicates that the	347
person previously has been convicted of or pleaded guilty to any	348
offense listed or described in division (A)(1), (2), (3), (4),	349
(5), (6), or (7) of this section, as appropriate. The	350
superintendent shall send the person, board, or entity that made	351
the request a copy of the list of offenses specified in division	352
(A)(1), (2), (3), (4), (5), (6), or (7) of this section, as	353
appropriate. If the request was made under section 3701.881 of the	354
Revised Code with regard to an applicant who may be both	355
responsible for the care, custody, or control of a child and	356
involved in providing direct care to an older adult, the	357
superintendent shall provide a list of the offenses specified in	358
divisions (A)(4) and (5) of this section.	359

(B) The superintendent shall conduct any criminal records	360
check requested under section 173.41, 2151.86, 3301.32, 3301.541,	361
3319.39, 3701.881, 3712.09, 3721.121, 3722.151, 5104.012,	362
5104.013, 5123.081, 5126.28, 5126.281, or 5153.111 of the Revised	363
Code as follows:	364

(1) The superintendent shall review or cause to be reviewed	365
any relevant information gathered and compiled by the bureau under	366
division (A) of section 109.57 of the Revised Code that relates to	367
the person who is the subject of the request, including any	368
relevant information contained in records that have been sealed	369
under section 2953.32 of the Revised Code;	370

(2) If the request received by the superintendent asks for	371
information from the federal bureau of investigation, the	372
superintendent shall request from the federal bureau of	373
investigation any information it has with respect to the person	374
who is the subject of the request and shall review or cause to be	375
reviewed any information the superintendent receives from that	376
bureau.	377

(C)(1) The superintendent shall prescribe a form to obtain	378
the information necessary to conduct a criminal records check from	379
any person for whom a criminal records check is required by	380
section 173.41, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881,	381
3712.09, 3721.121, 3722.151, 5104.012, 5104.013, 5123.081,	382
5126.28, 5126.281, or 5153.111 of the Revised Code. The form that	383
the superintendent prescribes pursuant to this division may be in	384
a tangible format, in an electronic format, or in both tangible	385
and electronic formats.	386

(2) The superintendent shall prescribe standard impression	387
sheets to obtain the fingerprint impressions of any person for	388
whom a criminal records check is required by section 173.41,	389
2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 3721.121,	390
3722.151, 5104.012, 5104.013, 5123.081, 5126.28, 5126.281, or	391
5153.111 of the Revised Code. Any person for whom a records check	392
is required by any of those sections shall obtain the fingerprint	393
impressions at a county sheriff's office, municipal police	394
department, or any other entity with the ability to make	395
fingerprint impressions on the standard impression sheets	396
prescribed by the superintendent. The office, department, or	397
entity may charge the person a reasonable fee for making the	398
impressions. The standard impression sheets the superintendent	399
prescribes pursuant to this division may be in a tangible format,	400
in an electronic format, or in both tangible and electronic	401
formats.	402

(3) Subject to division (D) of this section, the	403
superintendent shall prescribe and charge a reasonable fee for	404
providing a criminal records check requested under section 173.41,	405
2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 3721.121,	406
3722.151, 5104.012, 5104.013, 5123.081, 5126.28, 5126.281, or	407
5153.111 of the Revised Code. The person making a criminal records	408
request under section 173.41, 2151.86, 3301.32, 3301.541, 3319.39,	409
3701.881, 3712.09, 3721.121, 3722.151, 5104.012, 5104.013,	410
5123.081, 5126.28, 5126.281, or 5153.111 of the Revised Code shall	411
pay the fee prescribed pursuant to this division. A person making	412
a request under section 3701.881 of the Revised Code for a	413
criminal records check for an applicant who may be both	414
responsible for the care, custody, or control of a child and	415
involved in providing direct care to an older adult shall pay one	416
fee for the request.	417

(4) The superintendent of the bureau of criminal	418
identification and investigation may prescribe methods of	419
forwarding fingerprint impressions and information necessary to	420
conduct a criminal records check, which methods shall include, but	421
not be limited to, an electronic method.	422

(D) A determination whether any information exists that	423
indicates that a person previously has been convicted of or	424
pleaded guilty to any offense listed or described in division	425
(A)(1)(a) or (b), (A)(2)(a) or (b), (A)(3)(a) or (b), (A)(4)(a) or	426
(b), (A)(5)(a) or (b), (A)(6), or (A)(7)(a) or (b) of this section	427
that is made by the superintendent with respect to information	428
considered in a criminal records check in accordance with this	429
section is valid for the person who is the subject of the criminal	430
records check for a period of one year from the date upon which	431
the superintendent makes the determination. During the period in	432
which the determination in regard to a person is valid, if another	433
request under this section is made for a criminal records check	434
for that person, the superintendent shall provide the information	435
that is the basis for the superintendent's initial determination	436
at a lower fee than the fee prescribed for the initial criminal	437
records check.	438

(E) As used in this section:

439

(1) "Criminal records check" means any criminal records check	440
conducted by the superintendent of the bureau of criminal	441
identification and investigation in accordance with division (B)	442
of this section.	443

(2) "Minor drug possession offense" has the same meaning as	444
in section 2925.01 of the Revised Code.	445

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

446

Sec. 313.12. (A) When any person dies as a result of criminal	447
or other violent means, by casualty, by suicide, or in any	448
suspicious or unusual manner, or when any person, including a	449
child under two years of age, dies suddenly when in apparent good	450
health, or when any mentally retarded person or developmentally	451
disabled person dies regardless of the circumstances, the	452
physician called in attendance, or any member of an ambulance	453
service, emergency squad, or law enforcement agency who obtains	454
knowledge thereof arising from histhe person's duties, shall	455
immediately notify the office of the coroner of the known facts	456
concerning the time, place, manner, and circumstances of the	457
death, and any other information whichthat is required pursuant	458
to sections 313.01 to 313.22 of the Revised Code. In such cases,	459
if a request is made for cremation, the funeral director called in	460
attendance shall immediately notify the coroner.	461

(B) As used in this section, "mentally retarded person" and	462
"developmentally disabled person" have the same meanings as in	463
section 5123.01 of the Revised Code.	464

Sec. 2108.50.  (A) AnSubject to section 2108.521 of the	465
Revised Code, an autopsy or post-mortem examination may be	466
performed upon the body of a deceased person by a licensed	467
physician or surgeon if consent has been given in the order named	468
by one of the following persons of sound mind and eighteen years	469
of age or older in a written instrument executed by the person or	470
on the person's behalf at the person's express direction:	471

(1) The deceased person during the deceased person's	472
lifetime;	473

(2) The decedent's spouse;

474

(3) If there is no surviving spouse, if the address of the	475
surviving spouse is unknown or outside the United States, if the	476
surviving spouse is physically or mentally unable or incapable of	477
giving consent, or if the deceased person was separated and living	478
apart from such surviving spouse, then a person having the first	479
named degree of relationship in the following list in which a	480
relative of the deceased person survives and is physically and	481
mentally able and capable of giving consent may execute consent:	482

(a) Children;

483

(b) Parents;

484

(c) Brothers or sisters.

485

(4) If there are no surviving persons of any degree of	486
relationship listed in division (A)(3) of this section, any other	487
relative or person who assumes custody of the body for burial.;	488

(5) A person authorized by written instrument executed by the	489
deceased person to make arrangements for burial.;	490

(6) A person who, at the time of death of the deceased	491
person, was serving as guardian of the person for the deceased	492
person.	493

(B) Consent to an autopsy or post-mortem examination given	494
under this section may be revoked only by the person executing the	495
consent and in the same manner as required for execution of	496
consent under this section.	497

(C) As used in this section, "written instrument" includes a	498
telegram or cablegram.	499

Sec. 2108.521.  (A) If a mentally retarded person or a	500
developmentally disabled person dies, if the department of mental	501
retardation and developmental disabilities or a county board of	502
mental retardation and developmental disabilities has a good faith	503
reason to believe that the deceased person's death occurred under	504
suspicious circumstances, if the coroner was apprised of the	505
circumstances of the death, and if the coroner after being so	506
apprised of the circumstances declines to conduct an autopsy, the	507
department or the board may file a petition in a court of common	508
pleas seeking an order authorizing an autopsy or post-mortem	509
examination under this section.	510

(B) Upon the filing of a petition under division (A) of this	511
section, the court may conduct, but is not required to conduct, a	512
hearing on the petition. The court may determine whether to grant	513
the petition without a hearing. The department or board, and all	514
other interested parties, may submit information and statements to	515
the court that are relevant to the petition, and, if the court	516
conducts a hearing, may present evidence and testimony at the	517
hearing. The court shall order the requested autopsy or	518
post-mortem examination if it finds that, under the circumstances,	519
the department or board has demonstrated a need for the autopsy or	520
post-mortem examination. The court shall order an autopsy or	521
post-mortem examination in the circumstances specified in this	522
division regardless of whether any consent has been given, or has	523
been given and withdrawn, under section 2108.50 of the Revised	524
Code, and regardless of whether any information was presented to	525
the coroner pursuant to section 313.131 of the Revised Code or to	526
the court under this section regarding an autopsy being contrary	527
to the deceased person's religious beliefs.	528

(C) An autopsy or post-mortem examination ordered under this	529
section may be performed upon the body of the deceased person by a	530
licensed physician or surgeon. The court may identify in the order	531
the person who is to perform the autopsy or post-mortem	532
examination. If an autopsy or post-mortem examination is ordered	533
under this section, the department or board that requested the	534
autopsy or examination shall pay the physician or surgeon who	535
performs the autopsy or examination for costs and expenses	536
incurred in performing the autopsy or examination.	537

Sec. 2151.421.  (A)(1)(a) No person described in division	538
(A)(1)(b) of this section who is acting in an official or	539
professional capacity and knows or suspects that a child under	540
eighteen years of age or a mentally retarded, developmentally	541
disabled, or physically impaired child under twenty-one years of	542
age has suffered or faces a threat of suffering any physical or	543
mental wound, injury, disability, or condition of a nature that	544
reasonably indicates abuse or neglect of the child, shall fail to	545
immediately report that knowledge or suspicion to the entity or	546
persons specified in this division. Except as provided in section	547
5120.173 of the Revised Code, the person making the report shall	548
make it to the public children services agency or a municipal or	549
county peace officer in the county in which the child resides or	550
in which the abuse or neglect is occurring or has occurred. In the	551
circumstances described in section 5120.173 of the Revised Code,	552
the person making the report shall make it to the entity specified	553
in that section.	554

(b) Division (A)(1)(a) of this section applies to any person	555
who is an attorney; physician, including a hospital intern or	556
resident; dentist; podiatrist; practitioner of a limited branch of	557
medicine as specified in section 4731.15 of the Revised Code;	558
registered nurse; licensed practical nurse; visiting nurse; other	559
health care professional; licensed psychologist; licensed school	560
psychologist; independent marriage and family therapist or	561
marriage and family therapist; speech pathologist or audiologist;	562
coroner; administrator or employee of a child day-care center;	563
administrator or employee of a residential camp or child day camp;	564
administrator or employee of a certified child care agency or	565
other public or private children services agency; school teacher;	566
school employee; school authority; person engaged in social work	567
or the practice of professional counseling; agent of a county	568
humane society; or a person rendering spiritual treatment through	569
prayer in accordance with the tenets of a well-recognized	570
religion; superintendent, board member, or employee of a county	571
board of mental retardation; investigative agent contracted with	572
by a county board of mental retardation; or employee of the	573
department of mental retardation and developmental disabilities.	574

(2) An attorney or a physician is not required to make a	575
report pursuant to division (A)(1) of this section concerning any	576
communication the attorney or physician receives from a client or	577
patient in an attorney-client or physician-patient relationship,	578
if, in accordance with division (A) or (B) of section 2317.02 of	579
the Revised Code, the attorney or physician could not testify with	580
respect to that communication in a civil or criminal proceeding,	581
except that the client or patient is deemed to have waived any	582
testimonial privilege under division (A) or (B) of section 2317.02	583
of the Revised Code with respect to that communication and the	584
attorney or physician shall make a report pursuant to division	585
(A)(1) of this section with respect to that communication, if all	586
of the following apply:	587

(a) The client or patient, at the time of the communication,	588
is either a child under eighteen years of age or a mentally	589
retarded, developmentally disabled, or physically impaired person	590
under twenty-one years of age.	591

(b) The attorney or physician knows or suspects, as a result	592
of the communication or any observations made during that	593
communication, that the client or patient has suffered or faces a	594
threat of suffering any physical or mental wound, injury,	595
disability, or condition of a nature that reasonably indicates	596
abuse or neglect of the client or patient.	597

(c) The attorney-client or physician-patient relationship	598
does not arise out of the client's or patient's attempt to have an	599
abortion without the notification of her parents, guardian, or	600
custodian in accordance with section 2151.85 of the Revised Code.	601

(B) Anyone, who knows or suspects that a child under eighteen	602
years of age or a mentally retarded, developmentally disabled, or	603
physically impaired person under twenty-one years of age has	604
suffered or faces a threat of suffering any physical or mental	605
wound, injury, disability, or other condition of a nature that	606
reasonably indicates abuse or neglect of the child may report or	607
cause reports to be made of that knowledge or suspicion to the	608
entity or persons specified in this division. Except as provided	609
in section 5120.173 of the Revised Code, a person making a report	610
or causing a report to be made under this division shall make it	611
or cause it to be made to the public children services agency or	612
to a municipal or county peace officer. In the circumstances	613
described in section 5120.173 of the Revised Code, a person making	614
a report or causing a report to be made under this division shall	615
make it or cause it to be made to the entity specified in that	616
section.	617

(C) Any report made pursuant to division (A) or (B) of this	618
section shall be made forthwith either by telephone or in person	619
and shall be followed by a written report, if requested by the	620
receiving agency or officer. The written report shall contain:	621

(1) The names and addresses of the child and the child's	622
parents or the person or persons having custody of the child, if	623
known;	624

(2) The child's age and the nature and extent of the child's	625
known or suspected injuries, abuse, or neglect or of the known or	626
suspected threat of injury, abuse, or neglect, including any	627
evidence of previous injuries, abuse, or neglect;	628

(3) Any other information that might be helpful in	629
establishing the cause of the known or suspected injury, abuse, or	630
neglect or of the known or suspected threat of injury, abuse, or	631
neglect.	632

Any person, who is required by division (A) of this section	633
to report known or suspected child abuse or child neglect, may	634
take or cause to be taken color photographs of areas of trauma	635
visible on a child and, if medically indicated, cause to be	636
performed radiological examinations of the child.	637

(D)(1) When a municipal or county peace officer receives a	638
report concerning the possible abuse or neglect of a child or the	639
possible threat of abuse or neglect of a child, upon receipt of	640
the report, the municipal or county peace officer who receives the	641
report shall refer the report to the appropriate public children	642
services agency.	643

(2) When a public children services agency receives a report	644
pursuant to this division or division (A) or (B) of this section,	645
upon receipt of the report, the public children services agency	646
shall comply with section 2151.422 of the Revised Code.	647

(E) No township, municipal, or county peace officer shall	648
remove a child about whom a report is made pursuant to this	649
section from the child's parents, stepparents, or guardian or any	650
other persons having custody of the child without consultation	651
with the public children services agency, unless, in the judgment	652
of the officer, and, if the report was made by physician, the	653
physician, immediate removal is considered essential to protect	654
the child from further abuse or neglect. The agency that must be	655
consulted shall be the agency conducting the investigation of the	656
report as determined pursuant to section 2151.422 of the Revised	657
Code.	658

(F)(1) Except as provided in section 2151.422 of the Revised	659
Code, the public children services agency shall investigate,	660
within twenty-four hours, each report of known or suspected child	661
abuse or child neglect and of a known or suspected threat of child	662
abuse or child neglect that is referred to it under this section	663
to determine the circumstances surrounding the injuries, abuse, or	664
neglect or the threat of injury, abuse, or neglect, the cause of	665
the injuries, abuse, neglect, or threat, and the person or persons	666
responsible. The investigation shall be made in cooperation with	667
the law enforcement agency and in accordance with the memorandum	668
of understanding prepared under division (J) of this section. A	669
failure to make the investigation in accordance with the	670
memorandum is not grounds for, and shall not result in, the	671
dismissal of any charges or complaint arising from the report or	672
the suppression of any evidence obtained as a result of the report	673
and does not give, and shall not be construed as giving, any	674
rights or any grounds for appeal or post-conviction relief to any	675
person. The public children services agency shall report each case	676
to a central registry which the department of job and family	677
services shall maintain in order to determine whether prior	678
reports have been made in other counties concerning the child or	679
other principals in the case. The public children services agency	680
shall submit a report of its investigation, in writing, to the law	681
enforcement agency.	682

(2) The public children services agency shall make any	683
recommendations to the county prosecuting attorney or city	684
director of law that it considers necessary to protect any	685
children that are brought to its attention.	686

(G)(1)(a) Except as provided in division (H)(3) of this	687
section, anyone or any hospital, institution, school, health	688
department, or agency participating in the making of reports under	689
division (A) of this section, anyone or any hospital, institution,	690
school, health department, or agency participating in good faith	691
in the making of reports under division (B) of this section, and	692
anyone participating in good faith in a judicial proceeding	693
resulting from the reports, shall be immune from any civil or	694
criminal liability for injury, death, or loss to person or	695
property that otherwise might be incurred or imposed as a result	696
of the making of the reports or the participation in the judicial	697
proceeding.	698

(b) Notwithstanding section 4731.22 of the Revised Code, the	699
physician-patient privilege shall not be a ground for excluding	700
evidence regarding a child's injuries, abuse, or neglect, or the	701
cause of the injuries, abuse, or neglect in any judicial	702
proceeding resulting from a report submitted pursuant to this	703
section.	704

(2) In any civil or criminal action or proceeding in which it	705
is alleged and proved that participation in the making of a report	706
under this section was not in good faith or participation in a	707
judicial proceeding resulting from a report made under this	708
section was not in good faith, the court shall award the	709
prevailing party reasonable attorney's fees and costs and, if a	710
civil action or proceeding is voluntarily dismissed, may award	711
reasonable attorney's fees and costs to the party against whom the	712
civil action or proceeding is brought.	713

(H)(1) Except as provided in divisions (H)(4), (M), and (N)	714
of this section, a report made under this section is confidential.	715
The information provided in a report made pursuant to this section	716
and the name of the person who made the report shall not be	717
released for use, and shall not be used, as evidence in any civil	718
action or proceeding brought against the person who made the	719
report. In a criminal proceeding, the report is admissible in	720
evidence in accordance with the Rules of Evidence and is subject	721
to discovery in accordance with the Rules of Criminal Procedure.	722

(2) No person shall permit or encourage the unauthorized	723
dissemination of the contents of any report made under this	724
section.	725

(3) A person who knowingly makes or causes another person to	726
make a false report under division (B) of this section that	727
alleges that any person has committed an act or omission that	728
resulted in a child being an abused child or a neglected child is	729
guilty of a violation of section 2921.14 of the Revised Code.	730

(4) If a report is made pursuant to division (A) or (B) of	731
this section and the child who is the subject of the report dies	732
for any reason at any time after the report is made, but before	733
the child attains eighteen years of age, the public children	734
services agency or municipal or county peace officer to which the	735
report was made or referred, on the request of the child fatality	736
review board, shall submit a summary sheet of information	737
providing a summary of the report to the review board of the	738
county in which the deceased child resided at the time of death.	739
On the request of the review board, the agency or peace officer	740
may, at its discretion, make the report available to the review	741
board.	742

(5) A public children services agency shall advise a person	743
alleged to have inflicted abuse or neglect on a child who is the	744
subject of a report made pursuant to this section in writing of	745
the disposition of the investigation. The agency shall not provide	746
to the person any information that identifies the person who made	747
the report, statements of witnesses, or police or other	748
investigative reports.	749

(I) Any report that is required by this section, other than a	750
report that is made to the state highway patrol as described in	751
section 5120.173 of the Revised Code, shall result in protective	752
services and emergency supportive services being made available by	753
the public children services agency on behalf of the children	754
about whom the report is made, in an effort to prevent further	755
neglect or abuse, to enhance their welfare, and, whenever	756
possible, to preserve the family unit intact. The agency required	757
to provide the services shall be the agency conducting the	758
investigation of the report pursuant to section 2151.422 of the	759
Revised Code.	760

(J)(1) Each public children services agency shall prepare a	761
memorandum of understanding that is signed by all of the	762
following:	763

(a) If there is only one juvenile judge in the county, the	764
juvenile judge of the county or the juvenile judge's	765
representative;	766

(b) If there is more than one juvenile judge in the county, a	767
juvenile judge or the juvenile judges' representative selected by	768
the juvenile judges or, if they are unable to do so for any	769
reason, the juvenile judge who is senior in point of service or	770
the senior juvenile judge's representative;	771

(c) The county peace officer;

772

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

773

(e) Other law enforcement officers handling child abuse and	774
neglect cases in the county;	775

(f) The prosecuting attorney of the county;

776

(g) If the public children services agency is not the county	777
department of job and family services, the county department of	778
job and family services;	779

(h) The county humane society.

780

(2) A memorandum of understanding shall set forth the normal	781
operating procedure to be employed by all concerned officials in	782
the execution of their respective responsibilities under this	783
section and division (C) of section 2919.21, division (B)(1) of	784
section 2919.22, division (B) of section 2919.23, and section	785
2919.24 of the Revised Code and shall have as two of its primary	786
goals the elimination of all unnecessary interviews of children	787
who are the subject of reports made pursuant to division (A) or	788
(B) of this section and, when feasible, providing for only one	789
interview of a child who is the subject of any report made	790
pursuant to division (A) or (B) of this section. A failure to	791
follow the procedure set forth in the memorandum by the concerned	792
officials is not grounds for, and shall not result in, the	793
dismissal of any charges or complaint arising from any reported	794
case of abuse or neglect or the suppression of any evidence	795
obtained as a result of any reported child abuse or child neglect	796
and does not give, and shall not be construed as giving, any	797
rights or any grounds for appeal or post-conviction relief to any	798
person.	799

(3) A memorandum of understanding shall include all of the	800
following:	801

(a) The roles and responsibilities for handling emergency and	802
nonemergency cases of abuse and neglect;	803

(b) Standards and procedures to be used in handling and	804
coordinating investigations of reported cases of child abuse and	805
reported cases of child neglect, methods to be used in	806
interviewing the child who is the subject of the report and who	807
allegedly was abused or neglected, and standards and procedures	808
addressing the categories of persons who may interview the child	809
who is the subject of the report and who allegedly was abused or	810
neglected.	811

(K)(1) Except as provided in division (K)(4) of this section,	812
a person who is required to make a report pursuant to division (A)	813
of this section may make a reasonable number of requests of the	814
public children services agency that receives or is referred the	815
report to be provided with the following information:	816

(a) Whether the agency has initiated an investigation of the	817
report;	818

(b) Whether the agency is continuing to investigate the	819
report;	820

(c) Whether the agency is otherwise involved with the child	821
who is the subject of the report;	822

(d) The general status of the health and safety of the child	823
who is the subject of the report;	824

(e) Whether the report has resulted in the filing of a	825
complaint in juvenile court or of criminal charges in another	826
court.	827

(2) A person may request the information specified in	828
division (K)(1) of this section only if, at the time the report is	829
made, the person's name, address, and telephone number are	830
provided to the person who receives the report.	831

When a municipal or county peace officer or employee of a	832
public children services agency receives a report pursuant to	833
division (A) or (B) of this section the recipient of the report	834
shall inform the person of the right to request the information	835
described in division (K)(1) of this section. The recipient of the	836
report shall include in the initial child abuse or child neglect	837
report that the person making the report was so informed and, if	838
provided at the time of the making of the report, shall include	839
the person's name, address, and telephone number in the report.	840

Each request is subject to verification of the identity of	841
the person making the report. If that person's identity is	842
verified, the agency shall provide the person with the information	843
described in division (K)(1) of this section a reasonable number	844
of times, except that the agency shall not disclose any	845
confidential information regarding the child who is the subject of	846
the report other than the information described in those	847
divisions.	848

(3) A request made pursuant to division (K)(1) of this	849
section is not a substitute for any report required to be made	850
pursuant to division (A) of this section.	851

(4) If an agency other than the agency that received or was	852
referred the report is conducting the investigation of the report	853
pursuant to section 2151.422 of the Revised Code, the agency	854
conducting the investigation shall comply with the requirements of	855
division (K) of this section.	856

(L) The director of job and family services shall adopt rules	857
in accordance with Chapter 119. of the Revised Code to implement	858
this section. The department of job and family services may enter	859
into a plan of cooperation with any other governmental entity to	860
aid in ensuring that children are protected from abuse and	861
neglect. The department shall make recommendations to the attorney	862
general that the department determines are necessary to protect	863
children from child abuse and child neglect.	864

(M) No later than the end of the day following the day on	865
which a public children services agency receives a report of	866
alleged child abuse or child neglect, or a report of an alleged	867
threat of child abuse or child neglect, that allegedly occurred in	868
or involved an out-of-home care entity, the agency shall provide	869
written notice of the allegations contained in and the person	870
named as the alleged perpetrator in the report to the	871
administrator, director, or other chief administrative officer of	872
the out-of-home care entity that is the subject of the report	873
unless the administrator, director, or other chief administrative	874
officer is named as an alleged perpetrator in the report. If the	875
administrator, director, or other chief administrative officer of	876
an out-of-home care entity is named as an alleged perpetrator in a	877
report of alleged child abuse or child neglect, or a report of an	878
alleged threat of child abuse or child neglect, that allegedly	879
occurred in or involved the out-of-home care entity, the agency	880
shall provide the written notice to the owner or governing board	881
of the out-of-home care entity that is the subject of the report.	882
The agency shall not provide witness statements or police or other	883
investigative reports.	884

(N) No later than three days after the day on which a public	885
children services agency that conducted the investigation as	886
determined pursuant to section 2151.422 of the Revised Code makes	887
a disposition of an investigation involving a report of alleged	888
child abuse or child neglect, or a report of an alleged threat of	889
child abuse or child neglect, that allegedly occurred in or	890
involved an out-of-home care entity, the agency shall send written	891
notice of the disposition of the investigation to the	892
administrator, director, or other chief administrative officer and	893
the owner or governing board of the out-of-home care entity. The	894
agency shall not provide witness statements or police or other	895
investigative reports.	896

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

897

(1) "Mentally retarded person" and "developmentally disabled	898
person" have the same meanings as in section 5123.01 of the	899
Revised Code.	900

(2) "Mentally retarded or developmentally disabled victim"	901
includes any of the following persons:	902

(a) A mentally retarded person or developmentally disabled	903
person who was a victim of a violation identified in division	904
(B)(1) of this section or an act that would be an offense of	905
violence if committed by an adult;	906

(b) A mentally retarded person or developmentally disabled	907
person against whom was directed any conduct that constitutes, or	908
that is an element of, a violation identified in division (B)(1)	909
of this section or an act that would be an offense of violence if	910
committed by an adult.	911

(B)(1) In any proceeding in juvenile court involving a	912
complaint, indictment, or information in which a child is charged	913
with a violation of section 2903.16, 2903.34, 2903.341, 2907.02,	914
2907.03, 2907.05, 2907.21, 2907.23, 2907.24, 2907.32, 2907.321,	915
2907.322, or 2907.323 of the Revised Code or an act that would be	916
an offense of violence if committed by an adult and in which an	917
alleged victim of the violation or act was a mentally retarded	918
person or developmentally disabled person, the juvenile judge,	919
upon motion of the prosecution, shall order that the testimony of	920
the mentally retarded or developmentally disabled victim be taken	921
by deposition. The prosecution also may request that the	922
deposition be videotaped in accordance with division (B)(2) of	923
this section. The judge shall notify the mentally retarded or	924
developmentally disabled victim whose deposition is to be taken,	925
the prosecution, and the attorney for the child who is charged	926
with the violation or act of the date, time, and place for taking	927
the deposition. The notice shall identify the mentally retarded or	928
developmentally disabled victim who is to be examined and shall	929
indicate whether a request that the deposition be videotaped has	930
been made. The child who is charged with the violation or act	931
shall have the right to attend the deposition and the right to be	932
represented by counsel. Depositions shall be taken in the manner	933
provided in civil cases, except that the judge in the proceeding	934
shall preside at the taking of the deposition and shall rule at	935
that time on any objections of the prosecution or the attorney for	936
the child charged with the violation or act. The prosecution and	937
the attorney for the child charged with the violation or act shall	938
have the right, as at an adjudication hearing, to full examination	939
and cross-examination of the mentally retarded or developmentally	940
disabled victim whose deposition is to be taken.	941

If a deposition taken under this division is intended to be	942
offered as evidence in the proceeding, it shall be filed in the	943
juvenile court in which the action is pending and is admissible in	944
the manner described in division (C) of this section. If a	945
deposition of a mentally retarded or developmentally disabled	946
victim taken under this division is admitted as evidence at the	947
proceeding under division (C) of this section, the mentally	948
retarded or developmentally disabled victim shall not be required	949
to testify in person at the proceeding.	950

At any time before the conclusion of the proceeding, the	951
attorney for the child charged with the violation or act may file	952
a motion with the judge requesting that another deposition of the	953
mentally retarded or developmentally disabled victim be taken	954
because new evidence material to the defense of the child charged	955
has been discovered that the attorney for the child charged could	956
not with reasonable diligence have discovered prior to the taking	957
of the admitted deposition. Any motion requesting another	958
deposition shall be accompanied by supporting affidavits. Upon the	959
filing of the motion and affidavits, the court may order that	960
additional testimony of the mentally retarded or developmentally	961
disabled victim relative to the new evidence be taken by another	962
deposition. If the court orders the taking of another deposition	963
under this provision, the deposition shall be taken in accordance	964
with this division. If the admitted deposition was a videotaped	965
deposition taken in accordance with division (B)(2) of this	966
section, the new deposition also shall be videotaped in accordance	967
with that division. In other cases, the new deposition may be	968
videotaped in accordance with that division.	969

(2) If the prosecution requests that a deposition to be taken	970
under division (B)(1) of this section be videotaped, the juvenile	971
judge shall order that the deposition be videotaped in accordance	972
with this division. If a juvenile judge issues an order to video	973
tape the deposition, the judge shall exclude from the room in	974
which the deposition is to be taken every person except the	975
mentally retarded or developmentally disabled victim giving the	976
testimony, the judge, one or more interpreters if needed, the	977
attorneys for the prosecution and the child who is charged with	978
the violation or act, any person needed to operate the equipment	979
to be used, one person chosen by the mentally retarded or	980
developmentally disabled victim giving the deposition, and any	981
person whose presence the judge determines would contribute to the	982
welfare and well-being of the mentally retarded or developmentally	983
disabled victim giving the deposition. The person chosen by the	984
mentally retarded or developmentally disabled victim shall not be	985
a witness in the proceeding and, both before and during the	986
deposition, shall not discuss the testimony of the victim with any	987
other witness in the proceeding. To the extent feasible, any	988
person operating the recording equipment shall be restricted to a	989
room adjacent to the room in which the deposition is being taken,	990
or to a location in the room in which the deposition is being	991
taken that is behind a screen or mirror so that the person	992
operating the recording equipment can see and hear, but cannot be	993
seen or heard by, the mentally retarded or developmentally	994
disabled victim giving the deposition during the deposition.	995

The child who is charged with the violation or act shall be	996
permitted to observe and hear the testimony of the mentally	997
retarded or developmentally disabled victim giving the deposition	998
on a monitor, shall be provided with an electronic means of	999
immediate communication with the attorney of the child who is	1000
charged with the violation or act during the testimony, and shall	1001
be restricted to a location from which the child who is charged	1002
with the violation or act cannot be seen or heard by the mentally	1003
retarded or developmentally disabled victim giving the deposition,	1004
except on a monitor provided for that purpose. The mentally	1005
retarded or developmentally disabled victim giving the deposition	1006
shall be provided with a monitor on which the mentally retarded or	1007
developmentally disabled victim can observe, while giving	1008
testimony, the child who is charged with the violation or act. The	1009
judge, at the judge's discretion, may preside at the deposition by	1010
electronic means from outside the room in which the deposition is	1011
to be taken; if the judge presides by electronic means, the judge	1012
shall be provided with monitors on which the judge can see each	1013
person in the room in which the deposition is to be taken and with	1014
an electronic means of communication with each person in that	1015
room, and each person in the room shall be provided with a monitor	1016
on which that person can see the judge and with an electronic	1017
means of communication with the judge. A deposition that is	1018
videotaped under this division shall be taken and filed in the	1019
manner described in division (B)(1) of this section and is	1020
admissible in the manner described in this division and division	1021
(C) of this section. If a deposition that is videotaped under this	1022
division is admitted as evidence at the proceeding, the mentally	1023
retarded or developmentally disabled victim shall not be required	1024
to testify in person at the proceeding. No deposition videotaped	1025
under this division shall be admitted as evidence at any	1026
proceeding unless division (C) of this section is satisfied	1027
relative to the deposition and all of the following apply relative	1028
to the recording:	1029

(a) The recording is both aural and visual and is recorded on	1030
film or videotape, or by other electronic means.	1031

(b) The recording is authenticated under the Rules of	1032
Evidence and the Rules of Criminal Procedure as a fair and	1033
accurate representation of what occurred, and the recording is not	1034
altered other than at the direction and under the supervision of	1035
the judge in the proceeding.	1036

(c) Each voice on the recording that is material to the	1037
testimony on the recording or the making of the recording, as	1038
determined by the judge, is identified.	1039

(d) Both the prosecution and the child who is charged with	1040
the violation or act are afforded an opportunity to view the	1041
recording before it is shown in the proceeding.	1042

(C)(1) At any proceeding in relation to which a deposition	1043
was taken under division (B) of this section, the deposition or a	1044
part of it is admissible in evidence upon motion of the	1045
prosecution if the testimony in the deposition or the part to be	1046
admitted is not excluded by the hearsay rule and if the deposition	1047
or the part to be admitted otherwise is admissible under the Rules	1048
of Evidence. For purposes of this division, testimony is not	1049
excluded by the hearsay rule if the testimony is not hearsay under	1050
Evidence Rule 801; the testimony is within an exception to the	1051
hearsay rule set forth in Evidence Rule 803; the mentally retarded	1052
or developmentally disabled victim who gave the testimony is	1053
unavailable as a witness, as defined in Evidence Rule 804, and the	1054
testimony is admissible under that rule; or both of the following	1055
apply:	1056

(a) The child who is charged with the violation or act had an	1057
opportunity and similar motive at the time of the taking of the	1058
deposition to develop the testimony by direct, cross, or redirect	1059
examination.	1060

(b) The judge determines that there is reasonable cause to	1061
believe that, if the mentally retarded or developmentally disabled	1062
victim who gave the testimony in the deposition were to testify in	1063
person at the proceeding, the mentally retarded or developmentally	1064
disabled victim would experience serious emotional trauma as a	1065
result of the mentally retarded or developmentally disabled	1066
victim's participation at the proceeding.	1067

(2) Objections to receiving in evidence a deposition or a	1068
part of it under division (C) of this section shall be made as	1069
provided in civil actions.	1070

(3) The provisions of divisions (B) and (C) of this section	1071
are in addition to any other provisions of the Revised Code, the	1072
Rules of Juvenile Procedure, the Rules of Criminal Procedure, or	1073
the Rules of Evidence that pertain to the taking or admission of	1074
depositions in a juvenile court proceeding and do not limit the	1075
admissibility under any of those other provisions of any	1076
deposition taken under division (B) of this section or otherwise	1077
taken.	1078

(D) In any proceeding in juvenile court involving a	1079
complaint, indictment, or information in which a child is charged	1080
with a violation listed in division (B)(1) of this section or an	1081
act that would be an offense of violence if committed by an adult	1082
and in which an alleged victim of the violation or offense was a	1083
mentally retarded or developmentally disabled person, the	1084
prosecution may file a motion with the juvenile judge requesting	1085
the judge to order the testimony of the mentally retarded or	1086
developmentally disabled victim to be taken in a room other than	1087
the room in which the proceeding is being conducted and be	1088
televised, by closed circuit equipment, into the room in which the	1089
proceeding is being conducted to be viewed by the child who is	1090
charged with the violation or act and any other persons who are	1091
not permitted in the room in which the testimony is to be taken	1092
but who would have been present during the testimony of the	1093
mentally retarded or developmentally disabled victim had it been	1094
given in the room in which the proceeding is being conducted.	1095
Except for good cause shown, the prosecution shall file a motion	1096
under this division at least seven days before the date of the	1097
proceeding. The juvenile judge may issue the order upon the motion	1098
of the prosecution filed under this division, if the judge	1099
determines that the mentally retarded or developmentally disabled	1100
victim is unavailable to testify in the room in which the	1101
proceeding is being conducted in the physical presence of the	1102
child charged with the violation or act for one or more of the	1103
reasons set forth in division (F) of this section. If a juvenile	1104
judge issues an order of that nature, the judge shall exclude from	1105
the room in which the testimony is to be taken every person except	1106
a person described in division (B)(2) of this section. The judge,	1107
at the judge's discretion, may preside during the giving of the	1108
testimony by electronic means from outside the room in which it is	1109
being given, subject to the limitations set forth in division	1110
(B)(2) of this section. To the extent feasible, any person	1111
operating the televising equipment shall be hidden from the sight	1112
and hearing of the mentally retarded or developmentally disabled	1113
victim giving the testimony, in a manner similar to that described	1114
in division (B)(2) of this section. The child who is charged with	1115
the violation or act shall be permitted to observe and hear the	1116
testimony of the mentally retarded or developmentally disabled	1117
victim giving the testimony on a monitor, shall be provided with	1118
an electronic means of immediate communication with the attorney	1119
of the child who is charged with the violation or act during the	1120
testimony, and shall be restricted to a location from which the	1121
child who is charged with the violation or act cannot be seen or	1122
heard by the mentally retarded or developmentally disabled victim	1123
giving the testimony, except on a monitor provided for that	1124
purpose. The mentally retarded or developmentally disabled victim	1125
giving the testimony shall be provided with a monitor on which the	1126
mentally retarded or developmentally disabled victim can observe,	1127
while giving testimony, the child who is charged with the	1128
violation or act.	1129

(E) In any proceeding in juvenile court involving a	1130
complaint, indictment, or information in which a child is charged	1131
with a violation listed in division (B)(1) of this section or an	1132
act that would be an offense of violence if committed by an adult	1133
and in which an alleged victim of the violation or offense was a	1134
mentally retarded or developmentally disabled person, the	1135
prosecution may file a motion with the juvenile judge requesting	1136
the judge to order the testimony of the mentally retarded or	1137
developmentally disabled victim to be taken outside of the room in	1138
which the proceeding is being conducted and be recorded for	1139
showing in the room in which the proceeding is being conducted	1140
before the judge, the child who is charged with the violation or	1141
act, and any other persons who would have been present during the	1142
testimony of the mentally retarded or developmentally disabled	1143
victim had it been given in the room in which the proceeding is	1144
being conducted. Except for good cause shown, the prosecution	1145
shall file a motion under this division at least seven days before	1146
the date of the proceeding. The juvenile judge may issue the order	1147
upon the motion of the prosecution filed under this division, if	1148
the judge determines that the mentally retarded or developmentally	1149
disabled victim is unavailable to testify in the room in which the	1150
proceeding is being conducted in the physical presence of the	1151
child charged with the violation or act, due to one or more of the	1152
reasons set forth in division (F) of this section. If a juvenile	1153
judge issues an order of that nature, the judge shall exclude from	1154
the room in which the testimony is to be taken every person except	1155
a person described in division (B)(2) of this section. To the	1156
extent feasible, any person operating the recording equipment	1157
shall be hidden from the sight and hearing of the mentally	1158
retarded or developmentally disabled victim giving the testimony,	1159
in a manner similar to that described in division (B)(2) of this	1160
section. The child who is charged with the violation or act shall	1161
be permitted to observe and hear the testimony of the mentally	1162
retarded or developmentally disabled victim giving the testimony	1163
on a monitor, shall be provided with an electronic means of	1164
immediate communication with the attorney of the child who is	1165
charged with the violation or act during the testimony, and shall	1166
be restricted to a location from which the child who is charged	1167
with the violation or act cannot be seen or heard by the mentally	1168
retarded or developmentally disabled victim giving the testimony,	1169
except on a monitor provided for that purpose. The mentally	1170
retarded or developmentally disabled victim giving the testimony	1171
shall be provided with a monitor on which the mentally retarded or	1172
developmentally disabled victim can observe, while giving	1173
testimony, the child who is charged with the violation or act. No	1174
order for the taking of testimony by recording shall be issued	1175
under this division unless the provisions set forth in divisions	1176
(B)(2)(a), (b), (c), and (d) of this section apply to the	1177
recording of the testimony.	1178

(F) For purposes of divisions (D) and (E) of this section, a	1179
juvenile judge may order the testimony of a mentally retarded or	1180
developmentally disabled victim to be taken outside of the room in	1181
which a proceeding is being conducted if the judge determines that	1182
the mentally retarded or developmentally disabled victim is	1183
unavailable to testify in the room in the physical presence of the	1184
child charged with the violation or act due to one or more of the	1185
following circumstances:	1186

(1) The persistent refusal of the mentally retarded or	1187
developmentally disabled victim to testify despite judicial	1188
requests to do so;	1189

(2) The inability of the mentally retarded or developmentally	1190
disabled victim to communicate about the alleged violation or	1191
offense because of extreme fear, failure of memory, or another	1192
similar reason;	1193

(3) The substantial likelihood that the mentally retarded or	1194
developmentally disabled victim will suffer serious emotional	1195
trauma from so testifying.	1196

(G)(1) If a juvenile judge issues an order pursuant to	1197
division (D) or (E) of this section that requires the testimony of	1198
a mentally retarded or developmentally disabled victim in a	1199
juvenile court proceeding to be taken outside of the room in which	1200
the proceeding is being conducted, the order shall specifically	1201
identify the mentally retarded or developmentally disabled victim	1202
to whose testimony it applies, the order applies only during the	1203
testimony of the specified mentally retarded or developmentally	1204
disabled victim, and the mentally retarded or developmentally	1205
disabled victim giving the testimony shall not be required to	1206
testify at the proceeding other than in accordance with the order.	1207
The authority of a judge to close the taking of a deposition under	1208
division (B)(2) of this section or a proceeding under division (D)	1209
or (E) of this section is in addition to the authority of a judge	1210
to close a hearing pursuant to section 2151.35 of the Revised	1211
Code.	1212

(2) A juvenile judge who makes any determination regarding	1213
the admissibility of a deposition under divisions (B) and (C) of	1214
this section, the videotaping of a deposition under division	1215
(B)(2) of this section, or the taking of testimony outside of the	1216
room in which a proceeding is being conducted under division (D)	1217
or (E) of this section shall enter the determination and findings	1218
on the record in the proceeding.	1219

Sec. 2311.14.  (A)(1) Whenever because of a hearing, speech,	1220
or other impairment a party to or witness in a legal proceeding	1221
cannot readily understand or communicate, the court shall appoint	1222
a qualified interpreter to assist such person. Before appointing	1223
any interpreter under this division for a party or witness who is	1224
a mentally retarded person or developmentally disabled person, the	1225
court shall evaluate the qualifications of the interpreter and	1226
shall make a determination as to the ability of the interpreter to	1227
effectively interpret on behalf of the party or witness that the	1228
interpreter will assist, and the court may appoint the interpreter	1229
only if the court is satisfied that the interpreter is able to	1230
effectively interpret on behalf of that party or witness.	1231

(2) This section is not limited to a person who speaks a	1232
language other than English. It also applies to the language and	1233
descriptions of any mentally retarded person or developmentally	1234
disabled person who cannot be reasonably understood, or who cannot	1235
understand questioning, without the aid of an interpreter. The	1236
interpreter may aid the parties in formulating methods of	1237
questioning the person with mental retardation or a developmental	1238
disability and in interpreting the answers of the person.	1239

(B) Before entering upon hisofficial duties, the interpreter	1240
shall take an oath that hethe interpreter will make a true	1241
interpretation of the proceedings to the party or witness, and	1242
that hethe interpreter will truly repeat the statements made by	1243
such party or witness to the court, to the best of histhe	1244
interpreter's ability. If the interpreter is appointed to assist a	1245
mentally retarded person or developmentally disabled person as	1246
described in division (A)(2) of this section, the oath also shall	1247
include an oath that the interpreter will not prompt, lead,	1248
suggest, or otherwise improperly influence the testimony of the	1249
witness or party.	1250

(C) The court shall determine a reasonable fee for all such	1251
interpreter service which shall be paid out of the same funds as	1252
witness fees.	1253

(D) As used in this section, "mentally retarded person" and	1254
"developmentally disabled person" have the same meanings as in	1255
section 5123.01 of the Revised Code.	1256

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

1257

(1) "MR/DD caretaker" means any MR/DD employee or any person	1258
who assumes the duty to provide for the care and protection of a	1259
mentally retarded person or a developmentally disabled person on a	1260
voluntary basis, by contract, through receipt of payment for care	1261
andprotection, as a result of a family relationship, or by order	1262
of a court of competent jurisdiction. "MR/DD caretaker" includes a	1263
person who is an employee of a care facility and a person who is	1264
an employee of an entity under contract with a provider. "MR/DD	1265
caretaker" does not include a person who owns, operates, or	1266
administers a care facility or who is an agent of a care facility	1267
unless that person also personally provides care to persons with	1268
mental retardation or a developmental disability.	1269

(2) "Mentally retarded person" and "developmentally disabled	1270
person" have the same meanings as in section 5123.01 of the	1271
Revised Code.	1272

(3) "MR/DD employee" has the same meaning as in section	1273
5123.50 of the Revised Code.	1274

(B) No MR/DD caretaker shall create a substantial risk to the	1275
health or safety of a mentally retarded person or a	1276
developmentally disabled person. An MR/DD caretaker does not	1277
create a substantial risk to the health or safety of a mentally	1278
retarded person or a developmentally disabled person under this	1279
division when the MR/DD caretaker treats a physical or mental	1280
illness or defect of the mentally retarded person or	1281
developmentally disabled person by spiritual means through prayer	1282
alone, in accordance with the tenets of a recognized religious	1283
body.	1284

(C) No person who owns, operates, or administers a care	1285
facility or who is an agent of a care facility shall condone, or	1286
knowingly permit, any conduct by an MR/DD caretaker who is	1287
employed by or under the control of the owner, operator,	1288
administrator, or agent that is in violation of division (B) of	1289
this section and that involves a mentally retarded person or a	1290
developmentally disabled person who is under the care of the	1291
owner, operator, administrator, or agent. A person who relies upon	1292
treatment by spiritual means through prayer alone, in accordance	1293
with the tenets of a recognized religious denomination, shall not	1294
be considered endangered under this division for that reason	1295
alone.	1296

(D)(1) It is an affirmative defense to a charge of a	1297
violation of division (B) or (C) of this section that the actor's	1298
conduct was committed in good faith solely because the actor was	1299
ordered to commit the conduct by a person to whom one of the	1300
following applies:	1301

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

1302

(b) The person has authority over the actor's conduct	1303
pursuant to a contract for the provision of services.	1304

(2) It is an affirmative defense to a charge of a violation	1305
of division (C) of this section that the person who owns,	1306
operates, or administers a care facility or who is an agent of a	1307
care facility and who is charged with the violation is following	1308
the individual service plan for the involved mentally retarded	1309
person or a developmentally disabled person or that the admission,	1310
discharge, and transfer rule set forth in the Administrative Code	1311
is being followed.	1312

(3) It is an affirmative defense to a charge of a violation	1313
of division (C) of this section that the actor did not have	1314
readily available a means to prevent either the harm to the person	1315
with mental retardation or a developmental disability or the death	1316
of such a person and the actor took reasonable steps to summon	1317
aid.	1318

(E)(1) Except as provided in division (E)(2) or (E)(3) of	1319
this section, whoever violates division (B) or (C) of this section	1320
is guilty of patient endangerment, a misdemeanor of the first	1321
degree.	1322

(2) If the offender previously has been convicted of, or	1323
pleaded guilty to, a violation of this section, patient	1324
endangerment is a felony of the fourth degree.	1325

(3) If the violation results in serious physical harm to the	1326
person with mental retardation or a developmental disability,	1327
patient endangerment is a felony of the third degree.	1328

Sec. 2930.03.  (A) A person or entity required or authorized	1329
under this chapter to give notice to a victim shall give the	1330
notice to the victim by any means reasonably calculated to provide	1331
prompt actual notice. Except when a provision requires that notice	1332
is to be given in a specific manner, a notice may be oral or	1333
written.	1334

(B) Except for receipt of the initial information and notice	1335
required to be given to a victim under divisions (A) and (B) of	1336
section 2930.04, section 2930.05, and divisions (A) and (B) of	1337
section 2930.06 of the Revised Code, a victim who wishes to	1338
receive any notice authorized by this chapter shall make a request	1339
for the notice to the prosecutor or the custodial agency that is	1340
to provide the notice, as specified in this chapter. If the victim	1341
does not make a request as described in this division, the	1342
prosecutor or custodial agency is not required to provide any	1343
notice described in this chapter other than the initial	1344
information and notice required to be given to a victim under	1345
divisions (A) and (B) of section 2930.04, section 2930.05, and	1346
divisions (A) and (B) of section 2930.06 of the Revised Code.	1347

(C) A person or agency that is required to furnish notice	1348
under this chapter shall give the notice to the victim at the	1349
address or telephone number provided to the person or agency by	1350
the victim. A victim who requests to receive notice under this	1351
chapter as described in division (B) of this section shall inform	1352
the person or agency of the name, address, or telephone number of	1353
the victim and of any change to that information.	1354

(D) A person or agency that has furnished information to a	1355
victim in accordance with any requirement or authorization under	1356
this chapter shall notify the victim promptly of any significant	1357
changes to that information.	1358

(E) Divisions (A) to (D) of this section do not apply	1359
regarding a notice that a prosecutor is required to provide under	1360
section 2930.061 of the Revised Code. A prosecutor required to	1361
provide notice under that section shall provide the notice as	1362
specified in that section.	1363

Sec. 2930.061.  (A) If a person is charged in a complaint,	1364
indictment, or information with any crime or specified delinquent	1365
act or with any other violation of law, and if the case involves a	1366
victim that the prosecutor in the case knows is a mentally	1367
retarded person or a developmentally disabled person, in addition	1368
to any other notices required under this chapter or under any	1369
other provision of law, the prosecutor in the case shall send	1370
written notice of the charges to the department of mental	1371
retardation and developmental disabilities. The written notice	1372
shall specifically identify the person so charged.	1373

(B) As used in this section, "mentally retarded person" and	1374
"developmentally disabled person" have the same meanings as in	1375
section 5123.01 of the Revised Code.	1376

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

1377

(1) "Mentally retarded person" and "developmentally disabled	1378
person" have the same meanings as in section 5123.01 of the	1379
Revised Code.	1380

(2) "Mentally retarded or developmentally disabled victim"	1381
includes a mentally retarded or developmentally disabled person	1382
who was a victim of a violation identified in division (B)(1) of	1383
this section or an offense of violence or against whom was	1384
directed any conduct that constitutes, or that is an element of, a	1385
violation identified in division (B)(1) of this section or an	1386
offense of violence.	1387

(B)(1) In any proceeding in the prosecution of a charge of a	1388
violation of section 2903.16, 2903.34, 2903.341, 2905.03, 2907.02,	1389
2907.03, 2907.05, 2907.06, 2907.09, 2907.21, 2907.23, 2907.24,	1390
2907.32, 2907.321, 2907.322, or 2907.323 of the Revised Code or an	1391
offense of violence and in which an alleged victim of the	1392
violation or offense was a mentally retarded or developmentally	1393
disabled person, the judge of the court in which the prosecution	1394
is being conducted, upon motion of an attorney for the	1395
prosecution, shall order that the testimony of the mentally	1396
retarded or developmentally disabled victim be taken by	1397
deposition. The prosecution also may request that the deposition	1398
be videotaped in accordance with division (B)(2) of this section.	1399
The judge shall notify the mentally retarded or developmentally	1400
disabled victim whose deposition is to be taken, the prosecution,	1401
and the defense of the date, time, and place for taking the	1402
deposition. The notice shall identify the mentally retarded or	1403
developmentally disabled victim who is to be examined and shall	1404
indicate whether a request that the deposition be videotaped has	1405
been made. The defendant shall have the right to attend the	1406
deposition and the right to be represented by counsel. Depositions	1407
shall be taken in the manner provided in civil cases, except that	1408
the judge shall preside at the taking of the deposition and shall	1409
rule at the time on any objections of the prosecution or the	1410
attorney for the defense. The prosecution and the attorney for the	1411
defense shall have the right, as at trial, to full examination and	1412
cross-examination of the mentally retarded or developmentally	1413
disabled victim whose deposition is to be taken. If a deposition	1414
taken under this division is intended to be offered as evidence in	1415
the proceeding, it shall be filed in the court in which the action	1416
is pending and is admissible in the manner described in division	1417
(C) of this section.	1418

If a deposition of a mentally retarded or developmentally	1419
disabled victim taken under this division is admitted as evidence	1420
at the proceeding under division (C) of this section, the mentally	1421
retarded or developmentally disabled victim shall not be required	1422
to testify in person at the proceeding.	1423

At any time before the conclusion of the proceeding, the	1424
attorney for the defense may file a motion with the judge	1425
requesting that another deposition of the mentally retarded or	1426
developmentally disabled victim be taken because new evidence	1427
material to the defense has been discovered that the attorney for	1428
the defense could not with reasonable diligence have discovered	1429
prior to the taking of the admitted deposition. If the court	1430
orders the taking of another deposition under this provision, the	1431
deposition shall be taken in accordance with this division. If the	1432
admitted deposition was a videotaped deposition taken in	1433
accordance with division (B)(2) of this section, the new	1434
deposition shall be videotaped in accordance with that division.	1435
In other cases, the new deposition may be videotaped in accordance	1436
with that division.	1437

(2) If the prosecution requests that a deposition to be taken	1438
under division (B)(2) of this section be videotaped, the judge	1439
shall order that the deposition be videotaped in accordance with	1440
this division. If a judge issues an order that the deposition be	1441
videotaped, the judge shall exclude from the room in which the	1442
deposition is to be taken every person except the mentally	1443
retarded or developmentally disabled victim giving the testimony,	1444
the judge, one or more interpreters if needed, the attorneys for	1445
the prosecution and the defense, any person needed to operate the	1446
equipment to be used, one person chosen by the mentally retarded	1447
or developmentally disabled victim giving the deposition, and any	1448
person whose presence the judge determines would contribute to the	1449
welfare and well-being of the mentally retarded or developmentally	1450
disabled victim giving the deposition. The person chosen by the	1451
mentally retarded or developmentally disabled victim shall not be	1452
a witness in the proceeding and, both before and during the	1453
deposition, shall not discuss the testimony of the mentally	1454
retarded or developmentally disabled victim with any other witness	1455
in the proceeding. To the extent feasible, any person operating	1456
the recording equipment shall be restricted to a room adjacent to	1457
the room in which the deposition is being taken, or to a location	1458
in the room in which the deposition is being taken that is behind	1459
a screen or mirror, so that the person operating the recording	1460
equipment can see and hear, but cannot be seen or heard by, the	1461
mentally retarded or developmentally disabled victim giving the	1462
deposition during the deposition.	1463

The defendant shall be permitted to observe and hear the	1464
testimony of the mentally retarded or developmentally disabled	1465
victim giving the deposition on a monitor, shall be provided with	1466
an electronic means of immediate communication with the	1467
defendant's attorney during the testimony, and shall be restricted	1468
to a location from which the defendant cannot be seen or heard by	1469
the mentally retarded or developmentally disabled victim giving	1470
the deposition, except on a monitor provided for that purpose. The	1471
mentally retarded or developmentally disabled victim giving the	1472
deposition shall be provided with a monitor on which the victim	1473
can observe, during the testimony, the defendant. The judge, at	1474
the judge's discretion, may preside at the deposition by	1475
electronic means from outside the room in which the deposition is	1476
to be taken. If the judge presides by electronic means, the judge	1477
shall be provided with monitors on which the judge can see each	1478
person in the room in which the deposition is to be taken and with	1479
an electronic means of communication with each person, and each	1480
person in the room shall be provided with a monitor on which that	1481
person can see the judge and with an electronic means of	1482
communication with the judge. A deposition that is videotaped	1483
under this division shall be taken and filed in the manner	1484
described in division (B)(1) of this section and is admissible in	1485
the manner described in this division and division (C) of this	1486
section, and, if a deposition that is videotaped under this	1487
division is admitted as evidence at the proceeding, the mentally	1488
retarded or developmentally disabled victim shall not be required	1489
to testify in person at the proceeding. No deposition videotaped	1490
under this division shall be admitted as evidence at any	1491
proceeding unless division (C) of this section is satisfied	1492
relative to the deposition and all of the following apply relative	1493
to the recording:	1494

(a) The recording is both aural and visual and is recorded on	1495
film or videotape, or by other electronic means.	1496

(b) The recording is authenticated under the Rules of	1497
Evidence and the Rules of Criminal Procedure as a fair and	1498
accurate representation of what occurred, and the recording is not	1499
altered other than at the direction and under the supervision of	1500
the judge in the proceeding.	1501

(c) Each voice on the recording that is material to the	1502
testimony on the recording or the making of the recording, as	1503
determined by the judge, is identified.	1504

(d) Both the prosecution and the defendant are afforded an	1505
opportunity to view the recording before it is shown in the	1506
proceeding.	1507

(C)(1) At any proceeding in a prosecution in relation to	1508
which a deposition was taken under division (B) of this section,	1509
the deposition or a part of it is admissible in evidence upon	1510
motion of the prosecution if the testimony in the deposition or	1511
the part to be admitted is not excluded by the hearsay rule and if	1512
the deposition or the part to be admitted otherwise is admissible	1513
under the Rules of Evidence. For purposes of this division,	1514
testimony is not excluded by the hearsay rule if the testimony is	1515
not hearsay under Evidence Rule 801; the testimony is within an	1516
exception to the hearsay rule set forth in Evidence Rule 803; the	1517
mentally retarded or developmentally disabled victim who gave the	1518
testimony is unavailable as a witness, as defined in Evidence Rule	1519
804, and the testimony is admissible under that rule; or both of	1520
the following apply:	1521

(a) The defendant had an opportunity and similar motive at	1522
the time of the taking of the deposition to develop the testimony	1523
by direct, cross, or redirect examination.	1524

(b) The judge determines that there is reasonable cause to	1525
believe that, if the mentally retarded or developmentally disabled	1526
victim who gave the testimony in the deposition were to testify in	1527
person at the proceeding, the mentally retarded or developmentally	1528
disabled victim would experience serious emotional trauma as a	1529
result of the mentally retarded or developmentally disabled	1530
victim's participation at the proceeding.	1531

(2) Objections to receiving in evidence a deposition or a	1532
part of it under division (C) of this section shall be made as	1533
provided in civil actions.	1534

(3) The provisions of divisions (B) and (C) of this section	1535
are in addition to any other provisions of the Revised Code, the	1536
Rules of Criminal Procedure, or the Rules of Evidence that pertain	1537
to the taking or admission of depositions in a criminal proceeding	1538
and do not limit the admissibility under any of those other	1539
provisions of any deposition taken under division (B) of this	1540
section or otherwise taken.	1541

(D) In any proceeding in the prosecution of any charge of a	1542
violation listed in division (B)(1) of this section or an offense	1543
of violence and in which an alleged victim of the violation or	1544
offense was a mentally retarded or developmentally disabled	1545
person, the prosecution may file a motion with the judge	1546
requesting the judge to order the testimony of the mentally	1547
retarded or developmentally disabled victim to be taken in a room	1548
other than the room in which the proceeding is being conducted and	1549
be televised, by closed circuit equipment, into the room in which	1550
the proceeding is being conducted to be viewed by the jury, if	1551
applicable, the defendant, and any other persons who are not	1552
permitted in the room in which the testimony is to be taken but	1553
who would have been present during the testimony of the mentally	1554
retarded or developmentally disabled victim had it been given in	1555
the room in which the proceeding is being conducted. Except for	1556
good cause shown, the prosecution shall file a motion under this	1557
division at least seven days before the date of the proceeding.	1558
The judge may issue the order upon the motion of the prosecution	1559
filed under this section, if the judge determines that the	1560
mentally retarded or developmentally disabled victim is	1561
unavailable to testify in the room in which the proceeding is	1562
being conducted in the physical presence of the defendant for one	1563
or more of the reasons set forth in division (F) of this section.	1564
If a judge issues an order of that nature, the judge shall exclude	1565
from the room in which the testimony is to be taken every person	1566
except a person described in division (B)(2) of this section. The	1567
judge, at the judge's discretion, may preside during the giving of	1568
the testimony by electronic means from outside the room in which	1569
it is being given, subject to the limitations set forth in	1570
division (B)(2) of this section. To the extent feasible, any	1571
person operating the televising equipment shall be hidden from the	1572
sight and hearing of the mentally retarded or developmentally	1573
disabled victim giving the testimony, in a manner similar to that	1574
described in division (B)(2) of this section. The defendant shall	1575
be permitted to observe and hear the testimony of the mentally	1576
retarded or developmentally disabled victim giving the testimony	1577
on a monitor, shall be provided with an electronic means of	1578
immediate communication with the defendant's attorney during the	1579
testimony, and shall be restricted to a location from which the	1580
defendant cannot be seen or heard by the mentally retarded or	1581
developmentally disabled victim giving the testimony, except on a	1582
monitor provided for that purpose. The mentally retarded or	1583
developmentally disabled victim giving the testimony shall be	1584
provided with a monitor on which the mentally retarded or	1585
developmentally disabled victim can observe, during the testimony,	1586
the defendant.	1587

(E) In any proceeding in the prosecution of any charge of a	1588
violation listed in division (B)(1) of this section or an offense	1589
of violence and in which an alleged victim of the violation or	1590
offense was a mentally retarded or developmentally disabled	1591
victim, the prosecution may file a motion with the judge	1592
requesting the judge to order the testimony of the mentally	1593
retarded or developmentally disabled victim to be taken outside of	1594
the room in which the proceeding is being conducted and be	1595
recorded for showing in the room in which the proceeding is being	1596
conducted before the judge, the jury, if applicable, the	1597
defendant, and any other persons who would have been present	1598
during the testimony of the mentally retarded or developmentally	1599
disabled victim had it been given in the room in which the	1600
proceeding is being conducted. Except for good cause shown, the	1601
prosecution shall file a motion under this division at least seven	1602
days before the date of the proceeding. The judge may issue the	1603
order upon the motion of the prosecution filed under this	1604
division, if the judge determines that the mentally retarded or	1605
developmentally disabled victim is unavailable to testify in the	1606
room in which the proceeding is being conducted in the physical	1607
presence of the defendant, for one or more of the reasons set	1608
forth in division (F) of this section. If a judge issues an order	1609
of that nature, the judge shall exclude from the room in which the	1610
testimony is to be taken every person except a person described in	1611
division (B)(2) of this section. To the extent feasible, any	1612
person operating the recording equipment shall be hidden from the	1613
sight and hearing of the mentally retarded or developmentally	1614
disabled victim giving the testimony, in a manner similar to that	1615
described in division (B)(2) of this section. The defendant shall	1616
be permitted to observe and hear the testimony of the mentally	1617
retarded or developmentally disabled victim who is giving the	1618
testimony on a monitor, shall be provided with an electronic means	1619
of immediate communication with the defendant's attorney during	1620
the testimony, and shall be restricted to a location from which	1621
the defendant cannot be seen or heard by the mentally retarded or	1622
developmentally disabled victim giving the testimony, except on a	1623
monitor provided for that purpose. The mentally retarded or	1624
developmentally disabled victim giving the testimony shall be	1625
provided with a monitor on which the victim can observe, during	1626
the testimony, the defendant. No order for the taking of testimony	1627
by recording shall be issued under this division unless the	1628
provisions set forth in divisions (B)(2)(a), (b), (c), and (d) of	1629
this section apply to the recording of the testimony.	1630

(F) For purposes of divisions (D) and (E) of this section, a	1631
judge may order the testimony of a mentally retarded or	1632
developmentally disabled victim to be taken outside the room in	1633
which the proceeding is being conducted if the judge determines	1634
that the mentally retarded or developmentally disabled victim is	1635
unavailable to testify in the room in the physical presence of the	1636
defendant due to one or more of the following:	1637

(1) The persistent refusal of the mentally retarded or	1638
developmentally disabled victim to testify despite judicial	1639
requests to do so;	1640

(2) The inability of the mentally retarded or developmentally	1641
disabled victim to communicate about the alleged violation or	1642
offense because of extreme fear, failure of memory, or another	1643
similar reason;	1644

(3) The substantial likelihood that the mentally retarded or	1645
developmentally disabled victim will suffer serious emotional	1646
trauma from so testifying.	1647

(G)(1) If a judge issues an order pursuant to division (D) or	1648
(E) of this section that requires the testimony of a mentally	1649
retarded or developmentally disabled victim in a criminal	1650
proceeding to be taken outside of the room in which the proceeding	1651
is being conducted, the order shall specifically identify the	1652
mentally retarded or developmentally disabled victim to whose	1653
testimony it applies, the order applies only during the testimony	1654
of the specified mentally retarded or developmentally disabled	1655
victim, and the mentally retarded or developmentally disabled	1656
victim giving the testimony shall not be required to testify at	1657
the proceeding other than in accordance with the order.	1658

(2) A judge who makes any determination regarding the	1659
admissibility of a deposition under divisions (B) and (C) of this	1660
section, the videotaping of a deposition under division (B)(2) of	1661
this section, or the taking of testimony outside of the room in	1662
which a proceeding is being conducted under division (D) or (E) of	1663
this section shall enter the determination and findings on the	1664
record in the proceeding.	1665

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

1666

(1) "Mentally retarded person" and "developmentally disabled	1667
person" have the same meanings as in section 5123.01 of the	1668
Revised Code.	1669

(2) "Mentally retarded or developmentally disabled victim"	1670
includes a mentally retarded or developmentally disabled person	1671
who was a victim of a felony violation identified in division	1672
(B)(1) of this section or a felony offense of violence or against	1673
whom was directed any conduct that constitutes, or that is an	1674
element of, a felony violation identified in division (B)(1) of	1675
this section or a felony offense of violence.	1676

(B)(1) At a trial on a charge of a felony violation of	1677
section 2903.16, 2903.34, 2903.341, 2907.02, 2907.03, 2907.05,	1678
2907.21, 2907.23, 2907.24, 2907.32, 2907.321, 2907.322, or	1679
2907.323 of the Revised Code or an offense of violence and in	1680
which an alleged victim of the violation or offense was a mentally	1681
retarded or developmentally disabled person, the court, upon	1682
motion of the prosecutor in the case, may admit videotaped	1683
preliminary hearing testimony of the mentally retarded or	1684
developmentally disabled victim as evidence at the trial, in lieu	1685
of the mentally retarded or developmentally disabled victim	1686
appearing as a witness and testifying at trial, if all of the	1687
following apply:	1688

(a) The videotape of the testimony was made at the	1689
preliminary hearing at which probable cause of the violation	1690
charged was found.	1691

(b) The videotape of the testimony was made in accordance	1692
with division (C) of section 2937.11 of the Revised Code.	1693

(c) The testimony in the videotape is not excluded by the	1694
hearsay rule and otherwise is admissible under the Rules of	1695
Evidence. For purposes of this division, testimony is not excluded	1696
by the hearsay rule if the testimony is not hearsay under Evidence	1697
Rule 801, the testimony is within an exception to the hearsay rule	1698
set forth in Evidence Rule 803, the mentally retarded or	1699
developmentally disabled victim who gave the testimony is	1700
unavailable as a witness, as defined in Evidence Rule 804, and the	1701
testimony is admissible under that rule, or both of the following	1702
apply:	1703

(i) The accused had an opportunity and similar motive at the	1704
preliminary hearing to develop the testimony of the mentally	1705
retarded or developmentally disabled victim by direct, cross, or	1706
redirect examination.	1707

(ii) The court determines that there is reasonable cause to	1708
believe that if the mentally retarded or developmentally disabled	1709
victim who gave the testimony at the preliminary hearing were to	1710
testify in person at the trial, the mentally retarded or	1711
developmentally disabled victim would experience serious emotional	1712
trauma as a result of the victim's participation at the trial.	1713

(2) If a mentally retarded or developmentally disabled victim	1714
of an alleged felony violation of section 2903.16, 2903.34,	1715
2903.341, 2907.02, 2907.03, 2907.05, 2907.21, 2907.23, 2907.24,	1716
2907.32, 2907.321, 2907.322, or 2907.323 of the Revised Code or an	1717
alleged felony offense of violence testifies at the preliminary	1718
hearing in the case, if the testimony of the mentally retarded or	1719
developmentally disabled victim at the preliminary hearing was	1720
videotaped pursuant to division (C) of section 2937.11 of the	1721
Revised Code, and if the defendant in the case files a written	1722
objection to the use, pursuant to division (B)(1) of this section,	1723
of the videotaped testimony at the trial, the court, immediately	1724
after the filing of the objection, shall hold a hearing to	1725
determine whether the videotaped testimony of the mentally	1726
retarded or developmentally disabled victim should be admissible	1727
at trial under division (B)(1) of this section and, if it is	1728
admissible, whether the mentally retarded or developmentally	1729
disabled victim should be required to provide limited additional	1730
testimony of the type described in this division. At the hearing	1731
held pursuant to this division, the defendant and the prosecutor	1732
in the case may present any evidence that is relevant to the	1733
issues to be determined at the hearing, but the mentally retarded	1734
or developmentally disabled victim shall not be required to	1735
testify at the hearing.	1736

After the hearing, the court shall not require the mentally	1737
retarded or developmentally disabled victim to testify at the	1738
trial, unless it determines that both of the following apply:	1739

(a) That the testimony of the mentally retarded or	1740
developmentally disabled victim at trial is necessary for one or	1741
more of the following reasons:	1742

(i) Evidence that was not available at the time of the	1743
testimony of the mentally retarded or developmentally disabled	1744
victim at the preliminary hearing has been discovered.	1745

(ii) The circumstances surrounding the case have changed	1746
sufficiently to necessitate that the mentally retarded or	1747
developmentally disabled victim testify at the trial.	1748

(b) That the testimony of the mentally retarded or	1749
developmentally disabled victim at the trial is necessary to	1750
protect the right of the defendant to a fair trial.	1751

The court shall enter its finding and the reasons for it in	1752
the journal. If the court requires the mentally retarded or	1753
developmentally disabled victim to testify at the trial, the	1754
testimony of the victim shall be limited to the new evidence and	1755
changed circumstances, and the mentally retarded or	1756
developmentally disabled victim shall not otherwise be required to	1757
testify at the trial. The required testimony of the mentally	1758
retarded or developmentally disabled victim may be given in person	1759
or, upon motion of the prosecution, may be taken by deposition in	1760
accordance with division (B) of section 2945.482 of the Revised	1761
Code provided the deposition is admitted as evidence under	1762
division (C) of that section, may be taken outside of the	1763
courtroom and televised into the courtroom in accordance with	1764
division (D) of that section, or may be taken outside of the	1765
courtroom and recorded for showing in the courtroom in accordance	1766
with division (E) of that section.	1767

(3) If videotaped testimony of a mentally retarded or	1768
developmentally disabled victim is admitted at trial in accordance	1769
with division (B)(1) of this section, the mentally retarded or	1770
developmentally disabled victim shall not be compelled in any way	1771
to appear as a witness at the trial, except as provided in	1772
division (B)(2) of this section.	1773

(C) An order issued pursuant to division (B) of this section	1774
shall specifically identify the mentally retarded or	1775
developmentally disabled victim concerning whose testimony it	1776
pertains. The order shall apply only during the testimony of the	1777
mentally retarded or developmentally disabled victim it	1778
specifically identifies.	1779

Sec. 5120.173. Any person who is required to report suspected	1780
abuse or neglect of a child under eighteen years of age pursuant	1781
to division (A) of section 2151.421 of the Revised Code, and any	1782
person who is permitted to report or cause a report to be made of	1783
suspected abuse or neglect of a child under eighteen years of age	1784
pursuant to division (B) of that section, any person who is	1785
required to report suspected abuse or neglect of a person with	1786
mental retardation or a developmental disability pursuant to	1787
division (C) of section 5123.61 of the Revised Code, and any	1788
person who is permitted to report suspected abuse or neglect of a	1789
person with mental retardation or a developmental disability	1790
pursuant to division (F) of that section and who makes or causes	1791
the report to be made, shall direct that report to the state	1792
highway patrol if the child or the person with mental retardation	1793
or a developmental disability is an inmate in the custody of a	1794
state correctional institution. If the state highway patrol	1795
determines after receipt of the report that it is probable that	1796
abuse or neglect of the inmate occurred, the patrol shall report	1797
its findings to the department of rehabilitation and correction,	1798
to the court that sentenced the inmate for the offense for which	1799
the inmate is in the custody of the department, and to the	1800
chairman and vice-chairman of the correctional institution	1801
inspection committee established by section 103.71 of the Revised	1802
Code.	1803

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

1804

(1) "Applicant" means a person who is under final	1805
consideration for appointment to or employment with the department	1806
of mental retardation and developmental disabilities, including,	1807
but not limited to, a person who is being transferred to the	1808
department and an employee who is being recalled or reemployed	1809
after a layoff.	1810

(2) "Criminal records check" has the same meaning as in	1811
section 109.572 of the Revised Code.	1812

(3) "Minor drug possession offense" has the same meaning as	1813
in section 2925.01 of the Revised Code.	1814

(B) The director of mental retardation and developmental	1815
disabilities shall request the superintendent of the bureau of	1816
criminal identification and investigation to conduct a criminal	1817
records check with respect to each applicant, except that the	1818
director is not required to request a criminal records check for	1819
an employee of the department who is being considered for a	1820
different position or is returning after a leave of absence or	1821
seasonal break in employment, as long as the director has no	1822
reason to believe that the employee has committed any of the	1823
offenses listed or described in division (E) of this section.	1824

If the applicant does not present proof that the applicant	1825
has been a resident of this state for the five-year period	1826
immediately prior to the date upon which the criminal records	1827
check is requested, the director shall request that the	1828
superintendent of the bureau obtain information from the federal	1829
bureau of investigation as a part of the criminal records check	1830
for the applicant. If the applicant presents proof that the	1831
applicant has been a resident of this state for that five-year	1832
period, the director may request that the superintendent of the	1833
bureau include information from the federal bureau of	1834
investigation in the criminal records check. For purposes of this	1835
division, an applicant may provide proof of residency in this	1836
state by presenting, with a notarized statement asserting that the	1837
applicant has been a resident of this state for that five-year	1838
period, a valid driver's license, notification of registration as	1839
an elector, a copy of an officially filed federal or state tax	1840
form identifying the applicant's permanent residence, or any other	1841
document the director considers acceptable.	1842

(C) The director shall provide to each applicant a copy of	1843
the form prescribed pursuant to division (C)(1) of section 109.572	1844
of the Revised Code, provide to each applicant a standard	1845
impression sheet to obtain fingerprint impressions prescribed	1846
pursuant to division (C)(2) of section 109.572 of the Revised	1847
Code, obtain the completed form and impression sheet from each	1848
applicant, and forward the completed form and impression sheet to	1849
the superintendent of the bureau of criminal identification and	1850
investigation at the time the criminal records check is requested.	1851

Any applicant who receives pursuant to this division a copy	1852
of the form prescribed pursuant to division (C)(1) of section	1853
109.572 of the Revised Code and a copy of an impression sheet	1854
prescribed pursuant to division (C)(2) of that section and who is	1855
requested to complete the form and provide a set of fingerprint	1856
impressions shall complete the form or provide all the information	1857
necessary to complete the form and shall provide the material with	1858
the impressions of the applicant's fingerprints. If an applicant,	1859
upon request, fails to provide the information necessary to	1860
complete the form or fails to provide impressions of the	1861
applicant's fingerprints, the director shall not employ the	1862
applicant.	1863

(D) The director may request any other state or federal	1864
agency to supply the director with a written report regarding the	1865
criminal record of each applicant. With regard to an applicant who	1866
becomes a department employee, if the employee holds an	1867
occupational or professional license or other credentials, the	1868
director may request that the state or federal agency that	1869
regulates the employee's occupation or profession supply the	1870
director with a written report of any information pertaining to	1871
the employee's criminal record that the agency obtains in the	1872
course of conducting an investigation or in the process of	1873
renewing the employee's license or other credentials.	1874

(E) Except as provided in division (K)(2) of this section and	1875
in rules adopted by the director in accordance with division (M)	1876
of this section, the director shall not employ a person to fill a	1877
position with the department who has been convicted of or pleaded	1878
guilty to any of the following:	1879

(1) A violation of section 2903.01, 2903.02, 2903.03,	1880
2903.341, 2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21,	1881
2903.34, 2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04,	1882
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22,	1883
2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323,	1884
2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24,	1885
2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04,	1886
2925.05, 2925.06, or 3716.11 of the Revised Code, a violation of	1887
section 2905.04 of the Revised Code as it existed prior to July 1,	1888
1996, a violation of section 2919.23 of the Revised Code that	1889
would have been a violation of section 2905.04 of the Revised Code	1890
as it existed prior to July 1, 1996, had the violation occurred	1891
prior to that date, a violation of section 2925.11 of the Revised	1892
Code that is not a minor drug possession offense, or felonious	1893
sexual penetration in violation of former section 2907.12 of the	1894
Revised Code;	1895

(2) A felony contained in the Revised Code that is not listed	1896
in this division, if the felony bears a direct and substantial	1897
relationship to the duties and responsibilities of the position	1898
being filled;	1899

(3) Any offense contained in the Revised Code constituting a	1900
misdemeanor of the first degree on the first offense and a felony	1901
on a subsequent offense, if the offense bears a direct and	1902
substantial relationship to the position being filled and the	1903
nature of the services being provided by the department;	1904

(4) A violation of an existing or former municipal ordinance	1905
or law of this state, any other state, or the United States, if	1906
the offense is substantially equivalent to any of the offenses	1907
listed or described in division (E)(1), (2), or (3) of this	1908
section.	1909

(F) Prior to employing an applicant, the director shall	1910
require the applicant to submit a statement with the applicant's	1911
signature attesting that the applicant has not been convicted of	1912
or pleaded guilty to any of the offenses listed or described in	1913
division (E) of this section. The director also shall require the	1914
applicant to sign an agreement under which the applicant agrees to	1915
notify the director within fourteen calendar days if, while	1916
employed with the department, the applicant is ever formally	1917
charged with, convicted of, or pleads guilty to any of the	1918
offenses listed or described in division (E) of this section. The	1919
agreement shall inform the applicant that failure to report formal	1920
charges, a conviction, or a guilty plea may result in being	1921
dismissed from employment.	1922

(G) The director shall pay to the bureau of criminal	1923
identification and investigation the fee prescribed pursuant to	1924
division (C)(3) of section 109.572 of the Revised Code for each	1925
criminal records check requested and conducted pursuant to this	1926
section.	1927

(H)(1) Any report obtained pursuant to this section is not a	1928
public record for purposes of section 149.43 of the Revised Code	1929
and shall not be made available to any person, other than the	1930
applicant who is the subject of the records check or criminal	1931
records check or the applicant's representative, the department or	1932
its representative, a county board of mental retardation and	1933
developmental disabilities, and any court, hearing officer, or	1934
other necessary individual involved in a case dealing with the	1935
denial of employment to the applicant or the denial, suspension,	1936
or revocation of a certificate or evidence of registration under	1937
section 5123.082 of the Revised Code.	1938

(2) An individual for whom the director has obtained reports	1939
under this section may submit a written request to the director to	1940
have copies of the reports sent to any state agency, entity of	1941
local government, or private entity. The individual shall specify	1942
in the request the agencies or entities to which the copies are to	1943
be sent. On receiving the request, the director shall send copies	1944
of the reports to the agencies or entities specified.	1945

The director may request that a state agency, entity of local	1946
government, or private entity send copies to the director of any	1947
report regarding a records check or criminal records check that	1948
the agency or entity possesses, if the director obtains the	1949
written consent of the individual who is the subject of the	1950
report.	1951

(I) The director shall request the registrar of motor	1952
vehicles to supply the director with a certified abstract	1953
regarding the record of convictions for violations of motor	1954
vehicle laws of each applicant who will be required by the	1955
applicant's employment to transport individuals with mental	1956
retardation or a developmental disability or to operate the	1957
department's vehicles for any other purpose. For each abstract	1958
provided under this section, the director shall pay the amount	1959
specified in section 4509.05 of the Revised Code.	1960

(J) The director shall provide each applicant with a copy of	1961
any report or abstract obtained about the applicant under this	1962
section.	1963

(K)(1) The director shall inform each person, at the time of	1964
the person's initial application for employment, that the person	1965
is required to provide a set of impressions of the person's	1966
fingerprints and that a criminal records check is required to be	1967
conducted and satisfactorily completed in accordance with section	1968
109.572 of the Revised Code if the person comes under final	1969
consideration for employment as a precondition to employment in a	1970
position.	1971

(2) The director may employ an applicant pending receipt of	1972
reports requested under this section. The director shall terminate	1973
employment of any such applicant if it is determined from the	1974
reports that the applicant failed to inform the director that the	1975
applicant had been convicted of or pleaded guilty to any of the	1976
offenses listed or described in division (E) of this section.	1977

(L) The director may charge an applicant a fee for costs the	1978
director incurs in obtaining reports, abstracts, or fingerprint	1979
impressions under this section. A fee charged under this division	1980
shall not exceed the amount of the fees the director pays under	1981
divisions (G) and (I) of this section. If a fee is charged under	1982
this division, the director shall notify the applicant of the	1983
amount of the fee at the time of the applicant's initial	1984
application for employment and that, unless the fee is paid, the	1985
director will not consider the applicant for employment.	1986

(M) The director shall adopt rules in accordance with Chapter	1987
119. of the Revised Code to implement this section, including	1988
rules specifying circumstances under which the director may employ	1989
a person who has been convicted of or pleaded guilty to an offense	1990
listed or described in division (E) of this section but who meets	1991
standards in regard to rehabilitation set by the director.	1992

Sec. 5123.50.  As used in this section and sections 5123.51	1993
and, 5123.52, and 5123.541 of the Revised Code:	1994

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

1995

(1) The use of physical force that can reasonably be expected	1996
to result in physical harm or serious physical harm;	1997

(2) Sexual abuse;

1998

(3) Verbal abuse.

1999

(B) "Misappropriation" means depriving, defrauding, or	2000
otherwise obtaining the real or personal property of an individual	2001
by any means prohibited by the Revised Code, including violations	2002
of Chapter 2911. or 2913. of the Revised Code.	2003

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

2004

(1) An employee of the department of mental retardation and	2005
developmental disabilities;	2006

(2) An employee of a county board of mental retardation and	2007
developmental disabilities;	2008

(3) An "ICF/MR worker," as defined in section 5123.193 of the	2009
Revised Code;	2010

(4) An individual who is employed in a position that includes	2011
providing specialized services to an individual with mental	2012
retardation or aanother developmental disability.	2013

(D) "Neglect" means, when there is a duty to do so, failing	2014
to provide an individual with any treatment, care, goods, or	2015
services that are necessary to maintain the health and safety of	2016
the individual.	2017

(E) "Physical harm" and "serious physical harm" have the same	2018
meanings as in section 2901.01 of the Revised Code.	2019

(F) "Sexual abuse" means unlawful sexual conduct or sexual	2020
contact, as those terms are defined in section 2907.01 of the	2021
Revised Code.	2022

(G) "Specialized services" means any program or service	2023
designed and operated to serve primarily individuals with mental	2024
retardation or a developmental disability, including a program or	2025
service provided by an entity licensed or certified by the	2026
department of mental retardation and developmental disabilities. A	2027
program or service available to the general public is not a	2028
specialized service.	2029

(H) "Verbal abuse" means purposely using words to threaten,	2030
coerce, intimidate, harass, or humiliate an individual.	2031

(I) "Sexual conduct," "sexual contact," and "spouse" have the	2032
same meanings as in section 2907.01 of the Revised Code.	2033

Sec. 5123.51.  (A) In addition to any other action required	2034
by sections 5123.61 and 5126.31 of the Revised Code, the	2035
department of mental retardation and developmental disabilities	2036
shall review each report the department receives of abuse or	2037
neglect of an individual with mental retardation or a	2038
developmental disability or misappropriation of an individual's	2039
property that includes an allegation that an MR/DD employee	2040
committed or was responsible for the abuse, neglect, or	2041
misappropriation. The department shall review a report it receives	2042
from a public children services agency only after the agency	2043
completes its investigation pursuant to section 2151.421 of the	2044
Revised Code. On receipt of a notice under section 2930.061 or	2045
5123.541 of the Revised Code, the department shall review the	2046
notice.	2047

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

2048

(1) Investigate the allegation or adopt the findings of an	2049
investigation or review of the allegation conducted by another	2050
person or government entity and determine whether there is a	2051
reasonable basis for the allegation;	2052

(2) If the department determines that there is a reasonable	2053
basis for the allegation, conduct an adjudication pursuant to	2054
Chapter 119. of the Revised Code.	2055

(C)(1) The department shall appoint an independent hearing	2056
officer to conduct any hearing conducted pursuant to division	2057
(B)(2) of this section, except that, if the hearing is regarding	2058
an employee of the department who is represented by a union, the	2059
department and a representative of the union shall jointly select	2060
the hearing officer.	2061

(2) No(a) Except as provided in division (C)(2)(b) of this	2062
section, no hearing shall be conducted under division (B)(2) of	2063
this section until any criminal proceeding or collective	2064
bargaining arbitration concerning the same allegation has	2065
concluded.	2066

(b) The department may conduct a hearing pursuant to division	2067
(B)(2) of this section before a criminal proceeding concerning the	2068
same allegation is concluded if both of the following are the	2069
case:	2070

(i) The department notifies the prosecutor responsible for	2071
the criminal proceeding that the department proposes to conduct a	2072
hearing.	2073

(ii) The prosecutor consents to the hearing.

2074

(3) In conducting a hearing pursuant to division (B)(2) of	2075
this section, the hearing officer shall do bothall of the	2076
following:	2077

(a) Determine whether there is clear and convincing evidence	2078
that the MR/DD employee has done any of the following:	2079

(i) Misappropriated the property of an individualone or more	2080
individuals with mental retardation or a developmental disability	2081
that has a value, either separately or taken together, of one	2082
hundred dollars or more;	2083

(ii) Misappropriated property of an individual with mental	2084
retardation or a developmental disability that is designed to be	2085
used as a check, draft, negotiable instrument, credit card, charge	2086
card, or device for initiating an electronic fund transfer at a	2087
point of sale terminal, automated teller machine, or cash	2088
dispensing machine;	2089

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

2090

(iii)(iv) Recklessly abused or neglected such an individual,	2091
with resulting physical harm;	2092

(iv)(v) Negligently abused or neglected such an individual,	2093
with resulting serious physical harm;	2094

(vi) Recklessly neglected such an individual, creating a	2095
substantial risk of serious physical harm;	2096

(vii) Engaged in sexual conduct or had sexual contact with an	2097
individual with mental retardation or another developmental	2098
disability who was not the MR/DD employee's spouse and for whom	2099
the MR/DD employee was employed or under a contract to provide	2100
care;	2101

(viii) Unreasonably failed to make a report pursuant to	2102
division (C) of section 5123.61 of the Revised Code when the	2103
employee knew or should have known that the failure would result	2104
in a substantial risk of harm to an individual with mental	2105
retardation or a developmental disability.	2106

(b) Give weight to the decision in any collective bargaining	2107
arbitration regarding the same allegation;	2108

(c) Give weight to any relevant facts presented at the	2109
hearing.	2110

(D)(1) Unless the director of mental retardation and	2111
developmental disabilities determines that there are extenuating	2112
circumstances and except as provided in divisions (D)(4) and	2113
division (E) of this section, the director shall include in the	2114
registry established under section 5123.52 of the Revised Code the	2115
name of an MR/DD employee if the director, after considering all	2116
of the factors listed in division (C)(3) of this section, finds	2117
that there is clear and convincing evidence that thean MR/DD	2118
employee has done one or more of the things described in division	2119
(C)(3)(a) of this section the director shall include the name of	2120
the employee in the registry established under section 5123.52 of	2121
the Revised Code.	2122

(2) Extenuating circumstances the director must consider	2123
include the use of physical force by an MR/DD employee that was	2124
necessary as self-defense.	2125

(3) If the director includes an MR/DD employee in the	2126
registry established under section 5123.52 of the Revised Code,	2127
the director shall notify the employee, the person or government	2128
entity that employs or contracts with the employee, the individual	2129
with mental retardation or a developmental disability who was the	2130
subject of the report and that individual's legal guardian, if	2131
any, the attorney general, and the prosecuting attorney or other	2132
law enforcement agency. If the MR/DD employee holds a license,	2133
certificate, registration, or other authorization to engage in a	2134
profession issued pursuant to Title XLVII of the Revised Code, the	2135
director shall notify the appropriate agency, board, department,	2136
or other entity responsible for regulating the employee's	2137
professional practice.	2138

(4) The director shall not include in the registry an	2139
individual who has been found not guilty by a court or jury of an	2140
offense arising from the same factsIf an individual whose name	2141
appears on the registry is involved in a court proceeding or	2142
arbitration arising from the same facts as the allegation	2143
resulting in the individual's placement on the registry, the	2144
disposition of the proceeding or arbitration shall be noted in the	2145
registry next to the individual's name.	2146

(E) In the case of an allegation concerning an employee of	2147
the department, after the hearing conducted pursuant to division	2148
(B)(2) of this section, the director of health or that director's	2149
designee shall review the decision of the hearing officer to	2150
determine whether the standard described in division (C)(2)(3) of	2151
this section has been met. If the director or designee determines	2152
that the standard has been met and that no extenuating	2153
circumstances exist, the director or designee shall notify the	2154
director of mental retardation and developmental disabilities that	2155
the MR/DD employee is to be included in the registry established	2156
under section 5123.52 of the Revised Code. If the director of	2157
mental retardation and developmental disabilities receives such	2158
notification, the director shall include the MR/DD employee in the	2159
registry, unless division (D)(4) of this section applies, and	2160
shall provide the notification described in division (D)(3) of	2161
this section.	2162

(F) If the department is required by Chapter 119. of the	2163
Revised Code to give notice of an opportunity for a hearing and	2164
the MR/DD employee subject to the notice does not timely request a	2165
hearing in accordance with section 119.07 of the Revised Code, the	2166
department is not required to hold a hearing.	2167

(G) Files and records of investigations conducted pursuant to	2168
this section are not public records as defined in section 149.43	2169
of the Revised Code, but, on request, the department shall provide	2170
copies of those files and records to the attorney general, a	2171
prosecuting attorney, or a law enforcement agency.	2172

Sec. 5123.541.  (A) No MR/DD employee shall engage in any	2173
sexual conduct or have any sexual contact with an individual with	2174
mental retardation or another developmental disability for whom	2175
the MR/DD employee is employed or under a contract to provide care	2176
unless the individual is the MR/DD employee's spouse.	2177

(B) Any MR/DD employee who violates division (A) of this	2178
section shall be eligible to be included in the registry regarding	2179
misappropriation, abuse, neglect, or other specified misconduct by	2180
MR/DD employees established under section 5123.52 of the Revised	2181
Code, in addition to any other sanction or penalty authorized or	2182
required by law.	2183

(C)(1) Any person listed in division (C)(2) of section	2184
5123.61 of the Revised Code who has reason to believe that an	2185
MR/DD employee has violated division (A) of this section shall	2186
immediately report that belief to the department of mental	2187
retardation and developmental disabilities.	2188

(2) Any person who has reason to believe that an MR/DD	2189
employee has violated division (A) of this section may report that	2190
belief to the department of mental retardation and developmental	2191
disabilities.	2192

Sec. 5123.542.  (A) Each of the following shall annually	2193
provide a written notice to each of its MR/DD employees explaining	2194
the conduct for which an MR/DD employee may be included in the	2195
registry established under section 5123.52 of the Revised Code:	2196

(1) The department of mental retardation and developmental	2197
disabilities;	2198

(2) Each county board of mental retardation and developmental	2199
disabilities;	2200

(3) Each contracting entity, as defined in section 5126.281	2201
of the Revised Code;	2202

(4) Each owner, operator, or administrator of a residential	2203
facility, as defined in section 5123.19 of the Revised Code;	2204

(5) Each owner, operator, or administrator of a program	2205
certified by the department to provide supported living.	2206

(B) The notice described in division (A) of this section	2207
shall be in a form and provided in a manner prescribed by the	2208
department of mental retardation and developmental disabilities.	2209
The form shall be the same for all persons and entities required	2210
to provide notice under division (A) of this section.	2211

(C) The fact that an MR/DD employee does not receive the	2212
notice required by this section does not exempt the employee from	2213
inclusion in the registry established under section 5123.52 of the	2214
Revised Code.	2215

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

2216

(1) "Law enforcement agency" means the state highway patrol,	2217
the police department of a municipal corporation, or a county	2218
sheriff.	2219

(2) "Abuse" has the same meaning as in section 5123.50 of the	2220
Revised Code, except that it includes a misappropriation, as	2221
defined in that section.	2222

(3) "Neglect" has the same meaning as in section 5123.50 of	2223
the Revised Code.	2224

(B) The department of mental retardation and developmental	2225
disabilities shall establish a registry office for the purpose of	2226
maintaining reports of abuse, neglect, and other major unusual	2227
incidents made to the department under this section and reports	2228
received from county boards of mental retardation and	2229
developmental disabilities under section 5126.31 of the Revised	2230
Code. The department shall establish committees to review reports	2231
of abuse, neglect, and other major unusual incidents.	2232

(C)(1) Any person listed in division (C)(2) of this section,	2233
having reason to believe that a person with mental retardation or	2234
a developmental disability has suffered or faces a substantial	2235
risk of suffering any wound, injury, disability, or condition of	2236
such a nature as to reasonably indicate abuse or neglect of that	2237
person, shall immediately report or cause reports to be made of	2238
such information to the entity specified in this division. Except	2239
as provided in section 5120.173 of the Revised Code or as	2240
otherwise provided in this division, the person making the report	2241
shall make it to a law enforcement agency or to the county board	2242
of mental retardation and developmental disabilities, except that	2243
if. If the report concerns a resident of a facility operated by	2244
the department of mental retardation and developmental	2245
disabilities the report shall be made either to a law enforcement	2246
agency or to the department. If the report concerns any act or	2247
omission of an employee of a county board of mental retardation	2248
and developmental disabilities, the report immediately shall be	2249
made to the department and to the county board.	2250

(2) All of the following persons are required to make a	2251
report under division (C)(1) of this section:	2252

(a) Any physician, including a hospital intern or resident,	2253
any dentist, podiatrist, chiropractor, practitioner of a limited	2254
branch of medicine as specified in section 4731.15 of the Revised	2255
Code, hospital administrator or employee of a hospital, nurse	2256
licensed under Chapter 4723. of the Revised Code, employee of an	2257
ambulatory health facility as defined in section 5101.61 of the	2258
Revised Code, employee of a home health agency, employee of an	2259
adult care facility licensed under Chapter 3722. of the Revised	2260
Code, or employee of a community mental health facility;	2261

(b) Any school teacher or school authority, social worker,	2262
psychologist, attorney, peace officer, coroner, clergyman, or	2263
residents' rights advocate as defined in section 3721.10 of the	2264
Revised Code;	2265

(c) A superintendent, board member, or employee of a county	2266
board of mental retardation and developmental disabilities; an	2267
administrator, board member, or employee of a residential facility	2268
licensed under section 5123.19 of the Revised Code; an	2269
administrator, board member, or employee of any other public or	2270
private provider of services to a person with mental retardation	2271
or a developmental disability, or any MR/DD employee, as defined	2272
in section 5123.50 of the Revised Code;	2273

(d) A member of a citizen's advisory council established at	2274
an institution or branch institution of the department of mental	2275
retardation and developmental disabilities under section 5123.092	2276
of the Revised Code;	2277

(e) A clergyman who is employed in a position that includes	2278
providing specialized services to an individual with mental	2279
retardation or another developmental disability, while acting in	2280
an official or professional capacity in that position, or a person	2281
who is employed in a position that includes providing specialized	2282
services to an individual with mental retardation or another	2283
developmental disability and who, while acting in an official or	2284
professional capacity, renders spiritual treatment through prayer	2285
in accordance with the tenets of an organized religion.	2286

(3)(a) The reporting requirements of this division do not	2287
apply to members of the legal rights service commission or to	2288
employees of the legal rights service.	2289

(b) An attorney or physician is not required to make a report	2290
pursuant to division (C)(1) of this section concerning any	2291
communication the attorney or physician receives from a client or	2292
patient in an attorney-client or physician-patient relationship,	2293
if, in accordance with division (A) or (B) of section 2317.02 of	2294
the Revised Code, the attorney or physician could not testify with	2295
respect to that communication in a civil or criminal proceeding,	2296
except that the client or patient is deemed to have waived any	2297
testimonial privilege under division (A) or (B) of section 2317.02	2298
of the Revised Code with respect to that communication and the	2299
attorney or physician shall make a report pursuant to division	2300
(C)(1) of this section, if both of the following apply:	2301

(i) The client or patient, at the time of the communication,	2302
is a person with mental retardation or a developmental disability.	2303

(ii) The attorney or physician knows or suspects, as a result	2304
of the communication or any observations made during that	2305
communication, that the client or patient has suffered or faces a	2306
substantial risk of suffering any wound, injury, disability, or	2307
condition of a nature that reasonably indicates abuse or neglect	2308
of the client or patient.	2309

(4) Any person who fails to make a report required under	2310
division (C) of this section and who is an MR/DD employee, as	2311
defined in section 5123.50 of the Revised Code, shall be eligible	2312
to be included in the registry regarding misappropriation, abuse,	2313
neglect, or other specified misconduct by MR/DD employees	2314
established under section 5123.52 of the Revised Code.	2315

(D) The reports required under division (C) of this section	2316
shall be made forthwith by telephone or in person and shall be	2317
followed by a written report. The reports shall contain the	2318
following:	2319

(1) The names and addresses of the person with mental	2320
retardation or a developmental disability and the person's	2321
custodian, if known;	2322

(2) The age of the person with mental retardation or a	2323
developmental disability;	2324

(3) Any other information that would assist in the	2325
investigation of the report.	2326

(E) When a physician performing services as a member of the	2327
staff of a hospital or similar institution has reason to believe	2328
that a person with mental retardation or a developmental	2329
disability has suffered injury, abuse, or physical neglect, the	2330
physician shall notify the person in charge of the institution or	2331
that person's designated delegate, who shall make the necessary	2332
reports.	2333

(F) Any person having reasonable cause to believe that a	2334
person with mental retardation or a developmental disability has	2335
suffered or faces a substantial risk of suffering abuse or neglect	2336
may report the belief, or cause a report to be made,of that	2337
belief to the entity specified in this division. Except as	2338
provided in section 5120.173 of the Revised Code or as otherwise	2339
provided in this division, the person making the report shall make	2340
it to a law enforcement agency or the county board of mental	2341
retardation and developmental disabilities, or, if. If the person	2342
is a resident of a facility operated by the department of mental	2343
retardation and developmental disabilities, the report shall be	2344
made to a law enforcement agency or to the department. If the	2345
report concerns any act or omission of an employee of a county	2346
board of mental retardation and developmental disabilities, the	2347
report immediately shall be made to the department and to the	2348
county board.	2349

(G)(1) Upon the receipt of a report concerning the possible	2350
abuse or neglect of a person with mental retardation or a	2351
developmental disability, the law enforcement agency shall inform	2352
the county board of mental retardation and developmental	2353
disabilities or, if the person is a resident of a facility	2354
operated by the department of mental retardation and developmental	2355
disabilities, the director of the department or the director's	2356
designee.	2357

(2) On receipt of a report under this section that includes	2358
an allegation of action or inaction that may constitute a crime	2359
under federal law or the law of this state, the department of	2360
mental retardation and developmental disabilities shall notify the	2361
law enforcement agency.	2362

(3) When a county board of mental retardation and	2363
developmental disabilities receives a report under this section	2364
that includes an allegation of action or inaction that may	2365
constitute a crime under federal law or the law of this state, the	2366
superintendent of the board or an individual the superintendent	2367
designates under division (H) of this section shall notify the law	2368
enforcement agency. The superintendent or individual shall notify	2369
the department of mental retardation and developmental	2370
disabilities when it receives any report under this section.	2371

(4) When a county board of mental retardation and	2372
developmental disabilities receives a report under this section	2373
and believes that the degree of risk to the person is such that	2374
the report is an emergency, the superintendent of the board or an	2375
employee of the board the superintendent designates shall attempt	2376
a face-to-face contact with the person with mental retardation or	2377
a developmental disability who allegedly is the victim within one	2378
hour of the board's receipt of the report.	2379

(H) The superintendent of the board may designate an	2380
individual to be responsible for notifying the law enforcement	2381
agency and the department when the county board receives a report	2382
under this section.	2383

(I) An adult with mental retardation or a developmental	2384
disability about whom a report is made may be removed from the	2385
adult's place of residence only by law enforcement officers who	2386
consider that the adult's immediate removal is essential to	2387
protect the adult from further injury or abuse or in accordance	2388
with the order of a court made pursuant to section 5126.33 of the	2389
Revised Code.	2390

(J) A law enforcement agency shall investigate each report of	2391
abuse or neglect it receives under this section. In addition, the	2392
department, in cooperation with law enforcement officials, shall	2393
investigate each report regarding a resident of a facility	2394
operated by the department to determine the circumstances	2395
surrounding the injury, the cause of the injury, and the person	2396
responsible. The investigation shall be in accordance with the	2397
memorandum of understanding prepared under section 5126.058 of the	2398
Revised Code. The department shall determine, with the registry	2399
office which shall be maintained by the department, whether prior	2400
reports have been made concerning andan adult with mental	2401
retardation or a developmental disability or other principals in	2402
the case. If the department finds that the report involves action	2403
or inaction that may constitute a crime under federal law or the	2404
law of this state, it shall submit a report of its investigation,	2405
in writing, to the law enforcement agency. If the person with	2406
mental retardation or a developmental disability is an adult, with	2407
the consent of the adult, the department shall provide such	2408
protective services as are necessary to protect the adult. The law	2409
enforcement agency shall make a written report of its findings to	2410
the department.	2411

If the person is an adult and is not a resident of a facility	2412
operated by the department, the county board of mental retardation	2413
and developmental disabilities shall review the report of abuse or	2414
neglect in accordance with sections 5126.30 to 5126.33 of the	2415
Revised Code and the law enforcement agency shall make the written	2416
report of its findings to the county board.	2417

(K) Any person or any hospital, institution, school, health	2418
department, or agency participating in the making of reports	2419
pursuant to this section, any person participating as a witness in	2420
an administrative or judicial proceeding resulting from the	2421
reports, or any person or governmental entity that discharges	2422
responsibilities under sections 5126.31 to 5126.33 of the Revised	2423
Code shall be immune from any civil or criminal liability that	2424
might otherwise be incurred or imposed as a result of such actions	2425
except liability for perjury, unless the person or governmental	2426
entity has acted in bad faith or with malicious purpose.	2427

(L) No employer or any person with the authority to do so	2428
shall discharge, demote, transfer, prepare a negative work	2429
performance evaluation, reduce pay or benefits, terminate work	2430
privileges, or take any other action detrimental to an employee or	2431
retaliate against an employee as a result of the employee's having	2432
made a report under this section. This division does not preclude	2433
an employer or person with authority from taking action with	2434
regard to an employee who has made a report under this section if	2435
there is another reasonable basis for the action.	2436

(M) Reports made under this section are not public records as	2437
defined in section 149.43 of the Revised Code. Information	2438
contained in the reports on request shall be made available to the	2439
person who is the subject of the report, to the person's legal	2440
counsel, and to agencies authorized to receive information in the	2441
report by the department or by a county board of mental	2442
retardation and developmental disabilities.	2443

(N) Notwithstanding section 4731.22 of the Revised Code, the	2444
physician-patient privilege shall not be a ground for excluding	2445
evidence regarding the injuries or physical neglect of a person	2446
with mental retardation or a developmental disability or the cause	2447
thereof in any judicial proceeding resulting from a report	2448
submitted pursuant to this section.	2449

Sec. 5123.614. (A) Subject to division (B) of this section,	2450
on receipt of a report of a major unusual incident made pursuant	2451
to section 5123.61 or 5126.31 of the Revised Code or rules adopted	2452
under section 5123.612 of the Revised Code, the department of	2453
mental retardation and developmental disabilities may do either of	2454
the following:	2455

(1) Conduct an independent review or investigation of the	2456
incident;	2457

(2) Request that an independent review or investigation of	2458
the incident be conducted by a county board of mental retardation	2459
and developmental disabilities that is not implicated in the	2460
report, a regional council of government, or any other entity	2461
authorized to conduct such investigations.	2462

(B) If a report described in division (A) of this section	2463
concerning the health or safety of a person with mental	2464
retardation or a developmental disability involves an allegation	2465
that an employee of a county board of mental retardation and	2466
developmental disabilities has created a substantial risk of	2467
serious physical harm to a person with mental retardation or a	2468
developmental disability, the department shall do one of the	2469
following:	2470

(1) Conduct an independent investigation regarding the	2471
incident;	2472

(2) Request that an independent review or investigation of	2473
the incident be conducted by a county board of mental retardation	2474
and developmental disabilities that is not implicated in the	2475
report, a regional council of government, or any other entity	2476
authorized to conduct such investigations.	2477

Sec. 5123.99.  (A) Whoever violates section 5123.20 of the	2478
Revised Code is guilty of a misdemeanor of the first degree.	2479

(B) Whoever violates division (C), (E), or (G)(3) of section	2480
5123.61 of the Revised Code shall be fined not more than five	2481
hundred dollarsis guilty of a misdemeanor of the fourth degree	2482
or, if the abuse or neglect constitutes a felony, a misdemeanor of	2483
the second degree. In addition to any other sanction or penalty	2484
authorized or required by law, if a person who is convicted of or	2485
pleads guilty to a violation of division (C), (E), or (G)(3) of	2486
section 5123.61 of the Revised Code is an MR/DD employee, as	2487
defined in section 5123.50 of the Revised Code, the offender shall	2488
be eligible to be included in the registry regarding	2489
misappropriation, abuse, neglect, or other specified misconduct by	2490
MR/DD employees established under section 5123.52 of the Revised	2491
Code.	2492

(C) Whoever violates division (A) of section 5123.604 of the	2493
Revised Code is guilty of a misdemeanor of the second degree.	2494

(D) Whoever violates division (B) of section 5123.604 of the	2495
Revised Code shall be fined not more than one thousand dollars.	2496
Each violation constitutes a separate offense.	2497

Sec. 5126.058. (A) Each county board of mental retardation	2498
and developmental disabilities shall prepare a memorandum of	2499
understanding that is developed by all of the following and that	2500
is signed by the persons identified in divisions (A)(3) to (8) of	2501
this section:	2502

(1) If there is only one probate judge in the county, the	2503
probate judge of the county or the probate judge's representative;	2504

(2) If there is more than one probate judge in the county, a	2505
probate judge or the probate judge's representative selected by	2506
the probate judges or, if they are unable to do so for any reason,	2507
the probate judge who is senior in point of service or the senior	2508
probate judge's representative;	2509

(3) The county peace officer;

2510

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

2511

(5) Other law enforcement officers handling abuse, neglect,	2512
and exploitation of mentally retarded and developmentally disabled	2513
persons in the county;	2514

(6) The prosecuting attorney of the county;

2515

(7) The public children services agency;

2516

(8) The coroner of the county.

2517

(B) A memorandum of understanding shall set forth the normal	2518
operating procedure to be employed by all concerned officials in	2519
the execution of their respective responsibilities under this	2520
section and sections 313.12, 2151.421, 2903.16, 5126.31, and	2521
5126.33 of the Revised Code and shall have as its primary goal the	2522
elimination of all unnecessary interviews of persons who are the	2523
subject of reports made pursuant to this section. A failure to	2524
follow the procedure set forth in the memorandum by the concerned	2525
officials is not grounds for, and shall not result in, the	2526
dismissal of any charge or complaint arising from any reported	2527
case of abuse, neglect, or exploitation or the suppression of any	2528
evidence obtained as a result of any reported abuse, neglect, or	2529
exploitation and does not give any rights or grounds for appeal or	2530
post-conviction relief to any person.	2531

(C) A memorandum of understanding shall include, but is not	2532
limited to, all of the following:	2533

(1) The roles and responsibilities for handling emergency and	2534
nonemergency cases of abuse, neglect, or exploitation;	2535

(2) The roles and responsibilities for handling and	2536
coordinating investigations of reported cases of abuse, neglect,	2537
or exploitation and methods to be used in interviewing the person	2538
who is the subject of the report and who allegedly was abused,	2539
neglected, or exploited;	2540

(3) The roles and responsibilities for addressing the	2541
categories of persons who may interview the person who is the	2542
subject of the report and who allegedly was abused, neglected, or	2543
exploited;	2544

(4) The roles and responsibilities for providing victim	2545
services to mentally retarded and developmentally disabled persons	2546
pursuant to Chapter 2930. of the Revised Code;	2547

(5) The roles and responsibilities for the filing of criminal	2548
charges against persons alleged to have abused, neglected, or	2549
exploited mentally retarded or developmentally disabled persons.	2550

(D) A memorandum of understanding may be signed by victim	2551
advocates, municipal court judges, municipal prosecutors, and any	2552
other person whose participation furthers the goals of a	2553
memorandum of understanding, as set forth in this section.	2554

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

2555

(1) "Applicant" means a person who is under final	2556
consideration for appointment or employment in a position with a	2557
county board of mental retardation and developmental disabilities,	2558
including, but not limited to, a person who is being transferred	2559
to the county board and an employee who is being recalled or	2560
reemployed after a layoff.	2561

(2) "Criminal records check" has the same meaning as in	2562
section 109.572 of the Revised Code.	2563

(3) "Minor drug possession offense" has the same meaning as	2564
in section 2925.01 of the Revised Code.	2565

(B) The superintendent of a county board of mental	2566
retardation and developmental disabilities shall request the	2567
superintendent of the bureau of criminal identification and	2568
investigation to conduct a criminal records check with respect to	2569
any applicant who has applied to the board for employment in any	2570
position, except that a county board superintendent is not	2571
required to request a criminal records check for an employee of	2572
the board who is being considered for a different position or is	2573
returning after a leave of absence or seasonal break in	2574
employment, as long as the superintendent has no reason to believe	2575
that the employee has committed any of the offenses listed or	2576
described in division (E) of this section.	2577

If the applicant does not present proof that the applicant	2578
has been a resident of this state for the five-year period	2579
immediately prior to the date upon which the criminal records	2580
check is requested, the county board superintendent shall request	2581
that the superintendent of the bureau obtain information from the	2582
federal bureau of investigation as a part of the criminal records	2583
check for the applicant. If the applicant presents proof that the	2584
applicant has been a resident of this state for that five-year	2585
period, the county board superintendent may request that the	2586
superintendent of the bureau include information from the federal	2587
bureau of investigation in the criminal records check. For	2588
purposes of this division, an applicant may provide proof of	2589
residency in this state by presenting, with a notarized statement	2590
asserting that the applicant has been a resident of this state for	2591
that five-year period, a valid driver's license, notification of	2592
registration as an elector, a copy of an officially filed federal	2593
or state tax form identifying the applicant's permanent residence,	2594
or any other document the superintendent considers acceptable.	2595

(C) The county board superintendent shall provide to each	2596
applicant a copy of the form prescribed pursuant to division	2597
(C)(1) of section 109.572 of the Revised Code, provide to each	2598
applicant a standard impression sheet to obtain fingerprint	2599
impressions prescribed pursuant to division (C)(2) of section	2600
109.572 of the Revised Code, obtain the completed form and	2601
impression sheet from each applicant, and forward the completed	2602
form and impression sheet to the superintendent of the bureau of	2603
criminal identification and investigation at the time the criminal	2604
records check is requested.	2605

Any applicant who receives pursuant to this division a copy	2606
of the form prescribed pursuant to division (C)(1) of section	2607
109.572 of the Revised Code and a copy of an impression sheet	2608
prescribed pursuant to division (C)(2) of that section and who is	2609
requested to complete the form and provide a set of fingerprint	2610
impressions shall complete the form or provide all the information	2611
necessary to complete the form and shall provide the impression	2612
sheet with the impressions of the applicant's fingerprints. If an	2613
applicant, upon request, fails to provide the information	2614
necessary to complete the form or fails to provide impressions of	2615
the applicant's fingerprints, the county board superintendent	2616
shall not employ that applicant.	2617

(D) A county board superintendent may request any other state	2618
or federal agency to supply the board with a written report	2619
regarding the criminal record of each applicant. With regard to an	2620
applicant who becomes a board employee, if the employee holds an	2621
occupational or professional license or other credentials, the	2622
superintendent may request that the state or federal agency that	2623
regulates the employee's occupation or profession supply the board	2624
with a written report of any information pertaining to the	2625
employee's criminal record that the agency obtains in the course	2626
of conducting an investigation or in the process of renewing the	2627
employee's license or other credentials.	2628

(E) Except as provided in division (K)(2) of this section and	2629
in rules adopted by the department of mental retardation and	2630
developmental disabilities in accordance with division (M) of this	2631
section, no county board of mental retardation and developmental	2632
disabilities shall employ a person to fill a position with the	2633
board who has been convicted of or pleaded guilty to any of the	2634
following:	2635

(1) A violation of section 2903.01, 2903.02, 2903.03,	2636
2903.341, 2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21,	2637
2903.34, 2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04,	2638
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22,	2639
2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323,	2640
2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24,	2641
2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04,	2642
2925.05, 2925.06, or 3716.11 of the Revised Code, a violation of	2643
section 2905.04 of the Revised Code as it existed prior to July 1,	2644
1996, a violation of section 2919.23 of the Revised Code that	2645
would have been a violation of section 2905.04 of the Revised Code	2646
as it existed prior to July 1, 1996, had the violation occurred	2647
prior to that date, a violation of section 2925.11 of the Revised	2648
Code that is not a minor drug possession offense, or felonious	2649
sexual penetration in violation of former section 2907.12 of the	2650
Revised Code;	2651

(2) A felony contained in the Revised Code that is not listed	2652
in this division, if the felony bears a direct and substantial	2653
relationship to the duties and responsibilities of the position	2654
being filled;	2655

(3) Any offense contained in the Revised Code constituting a	2656
misdemeanor of the first degree on the first offense and a felony	2657
on a subsequent offense, if the offense bears a direct and	2658
substantial relationship to the position being filled and the	2659
nature of the services being provided by the county board;	2660

(4) A violation of an existing or former municipal ordinance	2661
or law of this state, any other state, or the United States, if	2662
the offense is substantially equivalent to any of the offenses	2663
listed or described in division (E)(1), (2), or (3) of this	2664
section.	2665

(F) Prior to employing an applicant, the county board	2666
superintendent shall require the applicant to submit a statement	2667
with the applicant's signature attesting that the applicant has	2668
not been convicted of or pleaded guilty to any of the offenses	2669
listed or described in division (E) of this section. The	2670
superintendent also shall require the applicant to sign an	2671
agreement under which the applicant agrees to notify the	2672
superintendent within fourteen calendar days if, while employed by	2673
the board, the applicant is ever formally charged with, convicted	2674
of, or pleads guilty to any of the offenses listed or described in	2675
division (E) of this section. The agreement shall inform the	2676
applicant that failure to report formal charges, a conviction, or	2677
a guilty plea may result in being dismissed from employment.	2678

(G) A county board of mental retardation and developmental	2679
disabilities shall pay to the bureau of criminal identification	2680
and investigation the fee prescribed pursuant to division (C)(3)	2681
of section 109.572 of the Revised Code for each criminal records	2682
check requested and conducted pursuant to this section.	2683

(H)(1) Any report obtained pursuant to this section is not a	2684
public record for purposes of section 149.43 of the Revised Code	2685
and shall not be made available to any person, other than the	2686
applicant who is the subject of the records check or criminal	2687
records check or the applicant's representative, the board	2688
requesting the records check or criminal records check or its	2689
representative, the department of mental retardation and	2690
developmental disabilities, and any court, hearing officer, or	2691
other necessary individual involved in a case dealing with the	2692
denial of employment to the applicant or the denial, suspension,	2693
or revocation of a certificate or evidence of registration under	2694
section 5126.25 of the Revised Code.	2695

(2) An individual for whom a county board superintendent has	2696
obtained reports under this section may submit a written request	2697
to the county board to have copies of the reports sent to any	2698
state agency, entity of local government, or private entity. The	2699
individual shall specify in the request the agencies or entities	2700
to which the copies are to be sent. On receiving the request, the	2701
county board shall send copies of the reports to the agencies or	2702
entities specified.	2703

A county board may request that a state agency, entity of	2704
local government, or private entity send copies to the board of	2705
any report regarding a records check or criminal records check	2706
that the agency or entity possesses, if the county board obtains	2707
the written consent of the individual who is the subject of the	2708
report.	2709

(I) Each county board superintendent shall request the	2710
registrar of motor vehicles to supply the superintendent with a	2711
certified abstract regarding the record of convictions for	2712
violations of motor vehicle laws of each applicant who will be	2713
required by the applicant's employment to transport individuals	2714
with mental retardation or developmental disabilities or to	2715
operate the board's vehicles for any other purpose. For each	2716
abstract provided under this section, the board shall pay the	2717
amount specified in section 4509.05 of the Revised Code.	2718

(J) The county board superintendent shall provide each	2719
applicant with a copy of any report or abstract obtained about the	2720
applicant under this section. At the request of the director of	2721
mental retardation and developmental disabilities, the	2722
superintendent also shall provide the director with a copy of a	2723
report or abstract obtained under this section.	2724

(K)(1) The county board superintendent shall inform each	2725
person, at the time of the person's initial application for	2726
employment, that the person is required to provide a set of	2727
impressions of the person's fingerprints and that a criminal	2728
records check is required to be conducted and satisfactorily	2729
completed in accordance with section 109.572 of the Revised Code	2730
if the person comes under final consideration for appointment or	2731
employment as a precondition to employment in a position.	2732

(2) A board may employ an applicant pending receipt of	2733
reports requested under this section. The board shall terminate	2734
employment of any such applicant if it is determined from the	2735
reports that the applicant failed to inform the county board that	2736
the applicant had been convicted of or pleaded guilty to any of	2737
the offenses listed or described in division (E) of this section.	2738

(L) The board may charge an applicant a fee for costs it	2739
incurs in obtaining reports, abstracts, or fingerprint impressions	2740
under this section. A fee charged under this division shall not	2741
exceed the amount of the fees the board pays under divisions (G)	2742
and (I) of this section. If a fee is charged under this division,	2743
the board shall notify the applicant of the amount of the fee at	2744
the time of the applicant's initial application for employment and	2745
that, unless the fee is paid, the board will not consider the	2746
applicant for employment.	2747

(M) The department of mental retardation and developmental	2748
disabilities shall adopt rules pursuant to Chapter 119. of the	2749
Revised Code to implement this section and section 5126.281 of the	2750
Revised Code, including rules specifying circumstances under which	2751
a county board or contracting entity may hire a person who has	2752
been convicted of or pleaded guilty to an offense listed or	2753
described in division (E) of this section but who meets standards	2754
in regard to rehabilitation set by the department. The rules may	2755
not authorize a county board or contracting entity to hire an	2756
individual who is included in the registry established under	2757
section 5123.52 of the Revised Code.	2758

Sec. 5126.30.  As used in sections 5126.30 to 5126.34 of the	2759
Revised Code:	2760

(A) "Adult" means a person eighteen years of age or older	2761
with mental retardation or a developmental disability.	2762

(B) "Caretaker" means a person who is responsible for the	2763
care of an adult by order of a court, including an order of	2764
guardianship, or who assumes the responsibility for the care of an	2765
adult as a volunteer, as a family member, by contract, or by the	2766
acceptance of payment for care.	2767

(C) "Abuse" has the same meaning as in section 5123.50 of the	2768
Revised Code, except that it includes a misappropriation, as	2769
defined in that section.	2770

(D) "Neglect" has the same meaning as in section 5123.50 of	2771
the Revised Code.	2772

(E) "Exploitation" means the unlawful or improper act of a	2773
caretaker using an adult or an adult's resources for monetary or	2774
personal benefit, profit, or gain, including misappropriation, as	2775
defined in section 5123.50 of the Revised Code, of an adult's	2776
resources.	2777

(F) "Working day" means Monday, Tuesday, Wednesday, Thursday,	2778
or Friday, except when that day is a holiday as defined in section	2779
1.14 of the Revised Code.	2780

(F)(G) "Incapacitated" means lacking understanding or	2781
capacity, with or without the assistance of a caretaker, to make	2782
and carry out decisions regarding food, clothing, shelter, health	2783
care, or other necessities, but does not include mere refusal to	2784
consent to the provision of services.	2785

(H) "Emergency protective services" means protective services	2786
furnished to a person with mental retardation or a developmental	2787
disability to prevent immediate physical harm.	2788

(I) "Protective services" means services provided by the	2789
county board of mental retardation and developmental disabilities	2790
to an adult with mental retardation or a developmental disability	2791
for the prevention, correction, or discontinuance of an act of as	2792
well as conditions resulting from abuse, neglect, or exploitation.	2793

(J) "Protective service plan" means an individualized plan	2794
developed by the county board of mental retardation and	2795
developmental disabilities to prevent the further abuse, neglect,	2796
or exploitation of an adult with mental retardation or a	2797
developmental disability.	2798

(K) "Substantial risk" has the same meaning as in section	2799
2901.01 of the Revised Code.	2800

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

2801

(1) An adult who is the subject of a probate proceeding under	2802
sections 5126.30 to 5126.33 of the Revised Code;	2803

(2) A caretaker, unless otherwise ordered by the probate	2804
court;	2805

(3) Any other person designated as a party by the probate	2806
court including but not limited to, the adult's spouse, custodian,	2807
guardian, or parent.	2808

(M) "Board" has the same meaning as in section 5126.02 of the	2809
Revised Code.	2810

Sec. 5126.33.  (A) A county board of mental retardation and	2811
developmental disabilities may file a complaint with the probate	2812
court of the county in which an adult with mental retardation or a	2813
developmental disability resides for an order authorizing the	2814
board to arrange services described in division (C) of section	2815
5126.31 of the Revised Code for that adult if the adult is	2816
eligible to receive services or support under section 5126.041 of	2817
the Revised Code and the board has been unable to secure consent.	2818
The complaint shall include:	2819

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

2820

(2) Facts describing the nature of the abuse or, neglect, or	2821
exploitation and supporting the board's belief that services are	2822
needed;	2823

(3) The types of services proposed by the board, as set forth	2824
in the individualizedprotective service plan prepared pursuant to	2825
described in division (J) of section 5126.315126.30 of the	2826
Revised Code and filed with the complaint;	2827

(4) Facts showing the board's attempts to obtain the consent	2828
of the adult or the adult's guardian to the services.	2829

(B) The board shall give the adult notice of the filing of	2830
the complaint and in simple and clear language shall inform the	2831
adult of the adult's rights in the hearing under division (C) of	2832
this section and explain the consequences of a court order. This	2833
notice shall be personally served upon the adultall parties, and	2834
also shall be given to the adult's caretaker, the adult's legal	2835
counsel, if any, and the legal rights service. The notice shall be	2836
given at least twenty-four hours prior to the hearing, although	2837
the court may waive this requirement upon a showing that there is	2838
a substantial risk that the adult will suffer immediate physical	2839
harm in the twenty-four hour period and that the board has made	2840
reasonable attempts to give the notice required by this division.	2841

(C) Upon the filing of a complaint for an order under this	2842
section, the court shall hold a hearing at least twenty-four hours	2843
and no later than seventy-two hours after the notice under	2844
division (B) of this section has been given unless the court has	2845
waived the notice. The adultAll parties shall have the right to	2846
be present at the hearing, present evidence, and examine and	2847
cross-examine witnesses. The Ohio Rules of Evidence shall apply to	2848
a hearing conducted pursuant to this division. The adult shall be	2849
represented by counsel unless the court finds that the adult has	2850
made a voluntary, informed, and knowing waiver of the right to	2851
counsel. If the adult is indigent, the court shall appoint counsel	2852
to represent the adult. The board shall be represented by the	2853
county prosecutor or an attorney designated by the board.	2854

(D)(1) The court shall issue an order authorizing the board	2855
to arrange the protective services if it finds, on the basis of	2856
clear and convincing evidence, all of the following:	2857

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

2858

(b) The adult is incapacitated;

2859

(c) There is a substantial risk to the adult of immediate	2860
physical harm or death;	2861

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

2862

(e) No person authorized by law or court order to give	2863
consent for the adult is available or willing to consent to the	2864
services.	2865

(2) The board shall develop a detailed protective service	2866
plan describing the services that the board will provide, or	2867
arrange for the provision of, to the adult to prevent further	2868
abuse, neglect, or exploitation. The board shall submit the plan	2869
to the court for approval. The protective service plan may be	2870
changed only by court order.	2871

(3) In formulating the order, the court shall consider the	2872
individual protective service plan and shall specifically	2873
designate the services that are necessary to deal with the abuse	2874
or, neglect, or exploitation or condition resulting from abuse or,	2875
neglect, or exploitation and that are available locally, and	2876
authorize the board to arrange for these services only. The court	2877
shall limit the provision of these services to a period not	2878
exceeding fourteen dayssix months, renewable for an additional	2879
fourteen-daysix-month period on a showing by the board that	2880
continuation of the order is necessary.	2881

(E) If the court finds that all other options for meeting the	2882
adult's needs have been exhausted, it may order that the adult be	2883
removed from the adult's place of residence and placed in another	2884
residential setting. Before issuing that order, the court shall	2885
consider the adult's choice of residence and shall determine that	2886
the new residential setting is the least restrictive alternative	2887
available for meeting the adult's needs and is a place where the	2888
adult can obtain the necessary requirements for daily living in	2889
safety. The court shall not order an adult to a hospital or public	2890
hospital as defined in section 5122.01 or a state institution as	2891
defined in section 5123.01 of the Revised Code.	2892

(F) The court shall not authorize a change in an adult's	2893
placement ordered under division (E) of this section unless it	2894
finds compelling reasons to justify a change. The parties to whom	2895
notice was given in division (B) of this section shall be given	2896
notice of a proposed change at least five working days prior to	2897
the change.	2898

(G) The adult, the board, or any other person who received	2899
notice of the petition may file a motion for modification of the	2900
court order at any time.	2901

(H) The county board shall pay court costs incurred in	2902
proceedings brought pursuant to this section. The adult shall not	2903
be required to pay for court-ordered services.	2904

(I)(1) After the filing of a complaint for an order under	2905
this section, the court, prior to the final disposition, may enter	2906
any temporary order that the court finds necessary to protect the	2907
adult with mental retardation or a developmental disability from	2908
abuse, neglect, or exploitation including, but not limited to, the	2909
following:	2910

(a) A temporary protection order;

2911

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

2912

(c) An order requiring a party to vacate the adult's place of	2913
residence or legal settlement, provided that, subject to division	2914
(K)(1)(d) of this section, no operator of a residential facility	2915
licensed by the department may be removed under this division;	2916

(d) In the circumstances described in, and in accordance with	2917
the procedures set forth in, section 5123.191 of the Revised Code,	2918
an order of the type described in that section that appoints a	2919
receiver to take possession of and operate a residential facility	2920
licensed by the department.	2921

(2) The court may grant an ex parte order pursuant to this	2922
division on its own motion or if a party files a written motion or	2923
makes an oral motion requesting the issuance of the order and	2924
stating the reasons for it if it appears to the court that the	2925
best interest and the welfare of the adult require that the court	2926
issue the order immediately. The court, if acting on its own	2927
motion, or the person requesting the granting of an ex parte	2928
order, to the extent possible, shall give notice of its intent or	2929
of the request to all parties, the adult's legal counsel, if any,	2930
and the legal rights service. If the court issues an ex parte	2931
order, the court shall hold a hearing to review the order within	2932
seventy-two hours after it is issued or before the end of the next	2933
day after the day on which it is issued, whichever occurs first.	2934
The court shall give written notice of the hearing to all parties	2935
to the action.	2936

Sec. 5126.331. (A) A probate court, through a probate judge	2937
or magistrate, may issue by telephone an ex parte emergency order	2938
authorizing any of the actions described in division (B) of this	2939
section if all of the following are the case:	2940

(1) The court receives notice from the county board of mental	2941
retardation and developmental disabilities, or an authorized	2942
employee of the board, that the board or employee believes an	2943
emergency order is needed as described in this section.	2944

(2) The adult who is the subject of the notice is eligible to	2945
receive services or support under section 5126.041 of the Revised	2946
Code.	2947

(3) There is reasonable cause to believe that the adult is	2948
incapacitated.	2949

(4) There is reasonable cause to believe that there is a	2950
substantial risk to the adult of immediate physical harm or death.	2951

(B) An order issued under this section may authorize the	2952
county board of mental retardation and developmental disabilities	2953
to do any of the following:	2954

(1) Provide, or arrange for the provision of, emergency	2955
protective services for the adult;	2956

(2) Remove the adult from the adult's place of residence or	2957
legal settlement;	2958

(3) Remove the adult from the place where the abuse, neglect,	2959
or exploitation occurred.	2960

(C) A court shall not issue an order under this section to	2961
remove an adult from a place described in division (B)(2) or (3)	2962
of this section until the court is satisfied that reasonable	2963
efforts have been made to notify the adult and any person with	2964
whom the adult resides of the proposed removal and the reasons for	2965
it, except that, the court may issue an order prior to giving the	2966
notice if one of the following is the case:	2967

(1) Notification could jeopardize the physical or emotional	2968
safety of the adult.	2969

(2) The notification could result in the adult being removed	2970
from the court's jurisdiction.	2971

(D) An order issued under this section shall be in effect for	2972
not longer than twenty-four hours, except that if the day	2973
following the day on which the order is issued is a weekend-day or	2974
legal holiday, the order shall remain in effect until the next	2975
business day.	2976

(E)(1) Except as provided in division (E)(2) of this section,	2977
not later than twenty-four hours after an order is issued under	2978
this section, the county board or employee that provided notice to	2979
the probate court shall file a complaint with the court in	2980
accordance with division (A) of section 5126.33 of the Revised	2981
Code.	2982

(2) If the day following the day on which the order was	2983
issued is a weekend-day or a holiday, the county board or employee	2984
shall file the complaint with the probate court on the next	2985
business day.	2986

(3) Except as provided in section 5126.332 of the Revised	2987
Code, proceedings on the complaint filed pursuant to this division	2988
shall be conducted in accordance with section 5126.33 of the	2989
Revised Code.	2990

Sec. 5126.332.  (A) If an order is issued pursuant to section	2991
5126.331 of the Revised Code, the court shall hold a hearing not	2992
later than twenty-four hours after the issuance to determine	2993
whether there is probable cause for the order, except that if the	2994
day following the day on which the order is issued is a	2995
weekend-day or legal holiday, the court shall hold the hearing on	2996
the next business day.	2997

(B) At the hearing, the court:

2998

(1) Shall consider the adult's choice of residence and	2999
determine whether protective services are the least restrictive	3000
alternative available for meeting the adult's needs;	3001

(2) May issue temporary orders to protect the adult from	3002
immediate physical harm, including, but not limited to, temporary	3003
protection orders, evaluations, and orders requiring a party to	3004
vacate the adult's place of residence or legal settlement;	3005

(3) May order emergency protective services.

3006

(C) A temporary order issued pursuant to division (B)(2) of	3007
this section is effective for thirty days. The court may renew the	3008
order for an additional thirty-day period.	3009

Sec. 5126.333. Any person who has reason to believe that	3010
there is a substantial risk to an adult with mental retardation or	3011
a developmental disability of immediate physical harm or death and	3012
that the responsible county board of mental retardation and	3013
developmental disabilities has failed to seek an order pursuant to	3014
section 5126.33 or 5126.331 of the Revised Code may notify the	3015
department of mental retardation and developmental disabilities.	3016
Within twenty-four hours of receipt of such notice, the department	3017
shall cause an investigation to be conducted regarding the notice.	3018
The department shall provide assistance to the county board to	3019
provide for the health and safety of the adult as permitted by	3020
law.	3021

Section 2. That existing sections 109.572, 313.12, 2108.50,	3022
2151.421, 2311.14, 2930.03, 5120.173, 5123.081, 5123.50, 5123.51,	3023
5123.61, 5123.99, 5126.28, 5126.30, and 5126.33 of the Revised	3024
Code are hereby repealed.	3025

Section 3. The Department of Mental Retardation and	3026
Developmental Disabilities shall adopt rules pursuant to Chapter	3027
119. of the Revised Code that provide standards for the	3028
substantiation by the Department and by county boards of mental	3029
retardation of reports of abuse or neglect filed under section	3030
5123.61 of the Revised Code.	3031

Section 4. That the version of section 5123.50 of the Revised	3032
Code that is scheduled to take effect on December 31, 2003, be	3033
amended to read as follows:	3034

Sec. 5123.50.  As used in this section and sections 5123.51	3035
and, 5123.52, and 5123.541 of the Revised Code:	3036

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

3037

(1) The use of physical force that can reasonably be expected	3038
to result in physical harm or serious physical harm;	3039

(2) Sexual abuse;

3040

(3) Verbal abuse.

3041

(B) "Misappropriation" means depriving, defrauding, or	3042
otherwise obtaining the real or personal property of an individual	3043
by any means prohibited by the Revised Code, including violations	3044
of Chapter 2911. or 2913. of the Revised Code.	3045

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

3046

(1) An employee of the department of mental retardation and	3047
developmental disabilities;	3048

(2) An employee of a county board of mental retardation and	3049
developmental disabilities;	3050

(3) An employee in a position that includes providing	3051
specialized services to an individual with mental retardation or a	3052
another developmental disability.	3053

(D) "Neglect" means, when there is a duty to do so, failing	3054
to provide an individual with any treatment, care, goods, or	3055
services that are necessary to maintain the health and safety of	3056
the individual.	3057

(E) "Physical harm" and "serious physical harm" have the same	3058
meanings as in section 2901.01 of the Revised Code.	3059

(F) "Sexual abuse" means unlawful sexual conduct or sexual	3060
contact, as those terms are defined in section 2907.01 of the	3061
Revised Code.	3062

(G) "Specialized services" means any program or service	3063
designed and operated to serve primarily individuals with mental	3064
retardation or a developmental disability, including a program or	3065
service provided by an entity licensed or certified by the	3066
department of mental retardation and developmental disabilities. A	3067
program or service available to the general public is not a	3068
specialized service.	3069

(H) "Verbal abuse" means purposely using words to threaten,	3070
coerce, intimidate, harass, or humiliate an individual.	3071

(I) "Sexual conduct," "sexual contact," and "spouse" have the	3072
same meanings as in section 2907.01 of the Revised Code.	3073

Section 5. That the existing version of section 5123.50 of	3074
the Revised Code that is scheduled to take effect on December 31,	3075
2003, is hereby repealed.	3076

Section 6. Sections 4 and 5 of this act shall take effect	3077
December 31, 2003.	3078

Section 7.  Sections 107.31 and 107.32 of the Revised Code	3079
shall apply to all state institutional facilities, as defined in	3080
section 107.31 of the Revised Code, that were in operation on or	3081
after January 1, 2003.	3082

Section 8. Section 109.572 of the Revised Code is presented	3083
in this act as a composite of the section as amended by both Sub.	3084
H.B. 448 and Sub. H.B. 538 of the 123rd General Assembly. Section	3085
2151.421 of the Revised Code is presented in this act as a	3086
composite of the section as amended by Am. Sub. H.B. 374, Sub.	3087
H.B. 510, and Am. Sub. S.B. 221 all of the 124th General Assembly.	3088
Section 5126.28 of the Revised Code is presented in this act as a	3089
composite of the section as amended by both Sub. H.B. 538 and Sub.	3090
S.B. 171 of the 123rd General Assembly. The General Assembly,	3091
applying the principle stated in division (B) of section 1.52 of	3092
the Revised Code that amendments are to be harmonized if	3093
reasonably capable of simultaneous operation, finds that the	3094
composites are the resulting versions of the sections in effect	3095
prior to the effective date of the sections as presented in this	3096
act.	3097