As Reported by the Senate Judiciary--Criminal Justice Committee

125th General Assembly Regular Session 2003-2004

Sub. S. B. No. 4

Senators Spada, Amstutz, Goodman, Jacobson, Harris, Austria, Blessing, Schuring, Stivers, Herington, Fedor, Dann 

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A BILL

To amend sections 109.572, 313.12, 2108.50, 2151.421,

1

2311.14, 2930.03, 5120.173, 5123.081, 5123.50,

2

5123.51, 5123.61, 5123.99, 5126.28, 5126.30, and

3

5126.33 and to enact sections 2108.521, 2152.821,

4

2903.341, 2930.061, 2945.482, 2945.491, 5123.032,

5

5123.541, and 5126.058 of the Revised Code to

6

implement the recommendations of the MR/DD Victims

7

of Crime Task Force, to make related changes in

8

the law, and to provide a mechanism for the

9

closing of developmental centers of the Department

10

of Mental Retardation and Developmental

11

Disabilities that involves independent studies and

12

public hearings, and to amend the version of

13

section 5123.50 of the Revised Code that is

14

scheduled to take effect December 31, 2003, to

15

continue the provisions of this act on and after

16

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
2108.521, 2152.821, 2903.341, 2930.061, 2945.482, 2945.491,	21
5123.032, 5123.541, and 5126.058 of the Revised Code be enacted to	22
read as follows:	23

Sec. 109.572. (A)(1) Upon receipt of a request pursuant to	24
section 2151.86, 3301.32, 3301.541, 3319.39, 5104.012, 5104.013,	25
or 5153.111 of the Revised Code, a completed form prescribed	26
pursuant to division (C)(1) of this section, and a set of	27
fingerprint impressions obtained in the manner described in	28
division (C)(2) of this section, the superintendent of the bureau	29
of criminal identification and investigation shall conduct a	30
criminal records check in the manner described in division (B) of	31
this section to determine whether any information exists that	32
indicates that the person who is the subject of the request	33
previously has been convicted of or pleaded guilty to any of the	34
following:	35

(a) A violation of section 2903.01, 2903.02, 2903.03,	36
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	37
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,	38
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,	39
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01,	40
2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25,	41
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05,	42
2925.06, or 3716.11 of the Revised Code, felonious sexual	43
penetration in violation of former section 2907.12 of the Revised	44
Code, a violation of section 2905.04 of the Revised Code as it	45
existed prior to July 1, 1996, a violation of section 2919.23 of	46
the Revised Code that would have been a violation of section	47
2905.04 of the Revised Code as it existed prior to July 1, 1996,	48
had the violation been committed prior to that date, or a	49
violation of section 2925.11 of the Revised Code that is not a	50
minor drug possession offense;	51

(b) A violation of an existing or former law of this state,	52
any other state, or the United States that is substantially	53
equivalent to any of the offenses listed in division (A)(1)(a) of	54
this section.	55

(2) On receipt of a request pursuant to section 5123.081 of	56
the Revised Code with respect to an applicant for employment in	57
any position with the department of mental retardation and	58
developmental disabilities, pursuant to section 5126.28 of the	59
Revised Code with respect to an applicant for employment in any	60
position with a county board of mental retardation and	61
developmental disabilities, or pursuant to section 5126.281 of the	62
Revised Code with respect to an applicant for employment in a	63
direct services position with an entity contracting with a county	64
board for employment, a completed form prescribed pursuant to	65
division (C)(1) of this section, and a set of fingerprint	66
impressions obtained in the manner described in division (C)(2) of	67
this section, the superintendent of the bureau of criminal	68
identification and investigation shall conduct a criminal records	69
check. The superintendent shall conduct the criminal records check	70
in the manner described in division (B) of this section to	71
determine whether any information exists that indicates that the	72
person who is the subject of the request has been convicted of or	73
pleaded guilty to any of the following:	74

(a) A violation of section 2903.01, 2903.02, 2903.03,	75
2903.341, 2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21,	76
2903.34, 2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03,	77
2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12,	78
2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321,	79
2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12,	80
2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02,	81
2925.03, or 3716.11 of the Revised Code;	82

(b) An existing or former municipal ordinance or law of this	83
state, any other state, or the United States that is substantially	84
equivalent to any of the offenses listed in division (A)(2)(a) of	85
this section.	86

(3) On receipt of a request pursuant to section 173.41,	87
3712.09, 3721.121, or 3722.151 of the Revised Code, a completed	88
form prescribed pursuant to division (C)(1) of this section, and a	89
set of fingerprint impressions obtained in the manner described in	90
division (C)(2) of this section, the superintendent of the bureau	91
of criminal identification and investigation shall conduct a	92
criminal records check with respect to any person who has applied	93
for employment in a position that involves providing direct care	94
to an older adult. The superintendent shall conduct the criminal	95
records check in the manner described in division (B) of this	96
section to determine whether any information exists that indicates	97
that the person who is the subject of the request previously has	98
been convicted of or pleaded guilty to any of the following:	99

(a) A violation of section 2903.01, 2903.02, 2903.03,	100
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	101
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,	102
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,	103
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,	104
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,	105
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,	106
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,	107
2925.22, 2925.23, or 3716.11 of the Revised Code;	108

(b) An existing or former law of this state, any other state,	109
or the United States that is substantially equivalent to any of	110
the offenses listed in division (A)(3)(a) of this section.	111

(4) On receipt of a request pursuant to section 3701.881 of	112
the Revised Code with respect to an applicant for employment with	113
a home health agency as a person responsible for the care,	114
custody, or control of a child, a completed form prescribed	115
pursuant to division (C)(1) of this section, and a set of	116
fingerprint impressions obtained in the manner described in	117
division (C)(2) of this section, the superintendent of the bureau	118
of criminal identification and investigation shall conduct a	119
criminal records check. The superintendent shall conduct the	120
criminal records check in the manner described in division (B) of	121
this section to determine whether any information exists that	122
indicates that the person who is the subject of the request	123
previously has been convicted of or pleaded guilty to any of the	124
following:	125

(a) A violation of section 2903.01, 2903.02, 2903.03,	126
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	127
2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03, 2907.04,	128
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.21,	129
2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322,	130
2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22,	131
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03,	132
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code or a	133
violation of section 2925.11 of the Revised Code that is not a	134
minor drug possession offense;	135

(b) An existing or former law of this state, any other state,	136
or the United States that is substantially equivalent to any of	137
the offenses listed in division (A)(4)(a) of this section.	138

(5) On receipt of a request pursuant to section 3701.881 of	139
the Revised Code with respect to an applicant for employment with	140
a home health agency in a position that involves providing direct	141
care to an older adult, a completed form prescribed pursuant to	142
division (C)(1) of this section, and a set of fingerprint	143
impressions obtained in the manner described in division (C)(2) of	144
this section, the superintendent of the bureau of criminal	145
identification and investigation shall conduct a criminal records	146
check. The superintendent shall conduct the criminal records check	147
in the manner described in division (B) of this section to	148
determine whether any information exists that indicates that the	149
person who is the subject of the request previously has been	150
convicted of or pleaded guilty to any of the following:	151

(a) A violation of section 2903.01, 2903.02, 2903.03,	152
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	153
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,	154
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,	155
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,	156
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,	157
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,	158
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,	159
2925.22, 2925.23, or 3716.11 of the Revised Code;	160

(b) An existing or former law of this state, any other state,	161
or the United States that is substantially equivalent to any of	162
the offenses listed in division (A)(5)(a) of this section.	163

(6) When conducting a criminal records check upon a request	164
pursuant to section 3319.39 of the Revised Code for an applicant	165
who is a teacher, in addition to the determination made under	166
division (A)(1) of this section, the superintendent shall	167
determine whether any information exists that indicates that the	168
person who is the subject of the request previously has been	169
convicted of or pleaded guilty to any offense specified in section	170
3319.31 of the Revised Code.	171

(7) When conducting a criminal records check on a request	172
pursuant to section 2151.86 of the Revised Code for a person who	173
is a prospective foster caregiver or who is eighteen years old or	174
older and resides in the home of a prospective foster caregiver,	175
the superintendent, in addition to the determination made under	176
division (A)(1) of this section, shall determine whether any	177
information exists that indicates that the person has been	178
convicted of or pleaded guilty to a violation of:	179

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

180

(b) An existing or former law of this state, any other state,	181
or the United States that is substantially equivalent to section	182
2909.02 or 2909.03 of the Revised Code.	183

(8) Not later than thirty days after the date the	184
superintendent receives the request, completed form, and	185
fingerprint impressions, the superintendent shall send the person,	186
board, or entity that made the request any information, other than	187
information the dissemination of which is prohibited by federal	188
law, the superintendent determines exists with respect to the	189
person who is the subject of the request that indicates that the	190
person previously has been convicted of or pleaded guilty to any	191
offense listed or described in division (A)(1), (2), (3), (4),	192
(5), (6), or (7) of this section, as appropriate. The	193
superintendent shall send the person, board, or entity that made	194
the request a copy of the list of offenses specified in division	195
(A)(1), (2), (3), (4), (5), (6), or (7) of this section, as	196
appropriate. If the request was made under section 3701.881 of the	197
Revised Code with regard to an applicant who may be both	198
responsible for the care, custody, or control of a child and	199
involved in providing direct care to an older adult, the	200
superintendent shall provide a list of the offenses specified in	201
divisions (A)(4) and (5) of this section.	202

(B) The superintendent shall conduct any criminal records	203
check requested under section 173.41, 2151.86, 3301.32, 3301.541,	204
3319.39, 3701.881, 3712.09, 3721.121, 3722.151, 5104.012,	205
5104.013, 5123.081, 5126.28, 5126.281, or 5153.111 of the Revised	206
Code as follows:	207

(1) The superintendent shall review or cause to be reviewed	208
any relevant information gathered and compiled by the bureau under	209
division (A) of section 109.57 of the Revised Code that relates to	210
the person who is the subject of the request, including any	211
relevant information contained in records that have been sealed	212
under section 2953.32 of the Revised Code;	213

(2) If the request received by the superintendent asks for	214
information from the federal bureau of investigation, the	215
superintendent shall request from the federal bureau of	216
investigation any information it has with respect to the person	217
who is the subject of the request and shall review or cause to be	218
reviewed any information the superintendent receives from that	219
bureau.	220

(C)(1) The superintendent shall prescribe a form to obtain	221
the information necessary to conduct a criminal records check from	222
any person for whom a criminal records check is required by	223
section 173.41, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881,	224
3712.09, 3721.121, 3722.151, 5104.012, 5104.013, 5123.081,	225
5126.28, 5126.281, or 5153.111 of the Revised Code. The form that	226
the superintendent prescribes pursuant to this division may be in	227
a tangible format, in an electronic format, or in both tangible	228
and electronic formats.	229

(2) The superintendent shall prescribe standard impression	230
sheets to obtain the fingerprint impressions of any person for	231
whom a criminal records check is required by section 173.41,	232
2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 3721.121,	233
3722.151, 5104.012, 5104.013, 5123.081, 5126.28, 5126.281, or	234
5153.111 of the Revised Code. Any person for whom a records check	235
is required by any of those sections shall obtain the fingerprint	236
impressions at a county sheriff's office, municipal police	237
department, or any other entity with the ability to make	238
fingerprint impressions on the standard impression sheets	239
prescribed by the superintendent. The office, department, or	240
entity may charge the person a reasonable fee for making the	241
impressions. The standard impression sheets the superintendent	242
prescribes pursuant to this division may be in a tangible format,	243
in an electronic format, or in both tangible and electronic	244
formats.	245

(3) Subject to division (D) of this section, the	246
superintendent shall prescribe and charge a reasonable fee for	247
providing a criminal records check requested under section 173.41,	248
2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 3721.121,	249
3722.151, 5104.012, 5104.013, 5123.081, 5126.28, 5126.281, or	250
5153.111 of the Revised Code. The person making a criminal records	251
request under section 173.41, 2151.86, 3301.32, 3301.541, 3319.39,	252
3701.881, 3712.09, 3721.121, 3722.151, 5104.012, 5104.013,	253
5123.081, 5126.28, 5126.281, or 5153.111 of the Revised Code shall	254
pay the fee prescribed pursuant to this division. A person making	255
a request under section 3701.881 of the Revised Code for a	256
criminal records check for an applicant who may be both	257
responsible for the care, custody, or control of a child and	258
involved in providing direct care to an older adult shall pay one	259
fee for the request.	260

(4) The superintendent of the bureau of criminal	261
identification and investigation may prescribe methods of	262
forwarding fingerprint impressions and information necessary to	263
conduct a criminal records check, which methods shall include, but	264
not be limited to, an electronic method.	265

(D) A determination whether any information exists that	266
indicates that a person previously has been convicted of or	267
pleaded guilty to any offense listed or described in division	268
(A)(1)(a) or (b), (A)(2)(a) or (b), (A)(3)(a) or (b), (A)(4)(a) or	269
(b), (A)(5)(a) or (b), (A)(6), or (A)(7)(a) or (b) of this section	270
that is made by the superintendent with respect to information	271
considered in a criminal records check in accordance with this	272
section is valid for the person who is the subject of the criminal	273
records check for a period of one year from the date upon which	274
the superintendent makes the determination. During the period in	275
which the determination in regard to a person is valid, if another	276
request under this section is made for a criminal records check	277
for that person, the superintendent shall provide the information	278
that is the basis for the superintendent's initial determination	279
at a lower fee than the fee prescribed for the initial criminal	280
records check.	281

(E) As used in this section:

282

(1) "Criminal records check" means any criminal records check	283
conducted by the superintendent of the bureau of criminal	284
identification and investigation in accordance with division (B)	285
of this section.	286

(2) "Minor drug possession offense" has the same meaning as	287
in section 2925.01 of the Revised Code.	288

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

289

Sec. 313.12. (A) When any person dies as a result of criminal	290
or other violent means, by casualty, by suicide, or in any	291
suspicious or unusual manner, or when any person, including a	292
child under two years of age, dies suddenly when in apparent good	293
health, or when any mentally retarded person or developmentally	294
disabled person dies regardless of the circumstances, the	295
physician called in attendance, or any member of an ambulance	296
service, emergency squad, or law enforcement agency who obtains	297
knowledge thereof arising from histhe person's duties, shall	298
immediately notify the office of the coroner of the known facts	299
concerning the time, place, manner, and circumstances of the	300
death, and any other information whichthat is required pursuant	301
to sections 313.01 to 313.22 of the Revised Code. In such cases,	302
if a request is made for cremation, the funeral director called in	303
attendance shall immediately notify the coroner.	304

(B) As used in this section, "mentally retarded person" and	305
"developmentally disabled person" have the same meanings as in	306
section 5123.01 of the Revised Code.	307

Sec. 2108.50.  (A) AnSubject to section 2105.521 of the	308
Revised Code, an autopsy or post-mortem examination may be	309
performed upon the body of a deceased person by a licensed	310
physician or surgeon if consent has been given in the order named	311
by one of the following persons of sound mind and eighteen years	312
of age or older in a written instrument executed by the person or	313
on the person's behalf at the person's express direction:	314

(1) The deceased person during the deceased person's	315
lifetime;	316

(2) The decedent's spouse;

317

(3) If there is no surviving spouse, if the address of the	318
surviving spouse is unknown or outside the United States, if the	319
surviving spouse is physically or mentally unable or incapable of	320
giving consent, or if the deceased person was separated and living	321
apart from such surviving spouse, then a person having the first	322
named degree of relationship in the following list in which a	323
relative of the deceased person survives and is physically and	324
mentally able and capable of giving consent may execute consent:	325

(a) Children;

326

(b) Parents;

327

(c) Brothers or sisters.

328

(4) If there are no surviving persons of any degree of	329
relationship listed in division (A)(3) of this section, any other	330
relative or person who assumes custody of the body for burial.;	331

(5) A person authorized by written instrument executed by the	332
deceased person to make arrangements for burial.;	333

(6) A person who, at the time of death of the deceased	334
person, was serving as guardian of the person for the deceased	335
person.	336

(B) Consent to an autopsy or post-mortem examination given	337
under this section may be revoked only by the person executing the	338
consent and in the same manner as required for execution of	339
consent under this section.	340

(C) As used in this section, "written instrument" includes a	341
telegram or cablegram.	342

Sec. 2108.521.  (A) If a mentally retarded person or a	343
developmentally disabled person dies, if the department of mental	344
retardation and developmental disabilities or a county board of	345
mental retardation and developmental disabilities has a good faith	346
reason to believe that the deceased person's death occurred under	347
suspicious circumstances, if the coroner was apprised of the	348
circumstances of the death, and if the coroner after being so	349
apprised of the circumstances declines to conduct an autopsy, the	350
department or the board may file a petition in a court of common	351
pleas seeking an order authorizing an autopsy or post-mortem	352
examination under this section.	353

(B) Upon the filing of a petition under division (A) of this	354
section, the court may conduct, but is not required to conduct, a	355
hearing on the petition. The court may determine whether to grant	356
the petition without a hearing. The department or board, and all	357
other interested parties, may submit information and statements to	358
the court that are relevant to the petition, and, if the court	359
conducts a hearing, may present evidence and testimony at the	360
hearing. The court shall order the requested autopsy or	361
post-mortem examination if it finds that, under the circumstances,	362
the department or board has demonstrated a need for the autopsy or	363
post-mortem examination. The court shall order an autopsy or	364
post-mortem examination in the circumstances specified in this	365
division regardless of whether any consent has been given, or has	366
been given and withdrawn, under section 2108.50 of the Revised	367
Code, and regardless of whether any information was presented to	368
the coroner pursuant to section 313.131 of the Revised Code or to	369
the court under this section regarding an autopsy being contrary	370
to the deceased person's religious beliefs.	371

(C) An autopsy or post-mortem examination ordered under this	372
section may be performed upon the body of the deceased person by a	373
licensed physician or surgeon. The court may identify in the order	374
the person who is to perform the autopsy or post-mortem	375
examination. If an autopsy or post-mortem examination is ordered	376
under this section, the department or board that requested the	377
autopsy or examination shall pay the physician or surgeon who	378
performs the autopsy or examination for costs and expenses	379
incurred in performing the autopsy or examination.	380

Sec. 2151.421.  (A)(1)(a) No person described in division	381
(A)(1)(b) of this section who is acting in an official or	382
professional capacity and knows or suspects that a child under	383
eighteen years of age or a mentally retarded, developmentally	384
disabled, or physically impaired child under twenty-one years of	385
age has suffered or faces a threat of suffering any physical or	386
mental wound, injury, disability, or condition of a nature that	387
reasonably indicates abuse or neglect of the child, shall fail to	388
immediately report that knowledge or suspicion to the entity or	389
persons specified in this division. Except as provided in section	390
5120.173 of the Revised Code, the person making the report shall	391
make it to the public children services agency or a municipal or	392
county peace officer in the county in which the child resides or	393
in which the abuse or neglect is occurring or has occurred. In the	394
circumstances described in section 5120.173 of the Revised Code,	395
the person making the report shall make it to the entity specified	396
in that section.	397

(b) Division (A)(1)(a) of this section applies to any person	398
who is an attorney; physician, including a hospital intern or	399
resident; dentist; podiatrist; practitioner of a limited branch of	400
medicine as specified in section 4731.15 of the Revised Code;	401
registered nurse; licensed practical nurse; visiting nurse; other	402
health care professional; licensed psychologist; licensed school	403
psychologist; independent marriage and family therapist or	404
marriage and family therapist; speech pathologist or audiologist;	405
coroner; administrator or employee of a child day-care center;	406
administrator or employee of a residential camp or child day camp;	407
administrator or employee of a certified child care agency or	408
other public or private children services agency; school teacher;	409
school employee; school authority; person engaged in social work	410
or the practice of professional counseling; agent of a county	411
humane society; or a person rendering spiritual treatment through	412
prayer in accordance with the tenets of a well-recognized	413
religion; superintendent, board member, or employee of a county	414
board of mental retardation; investigative agent contracted with	415
by a county board of mental retardation; or employee of the	416
department of mental retardation and developmental disabilities.	417

(2) An attorney or a physician is not required to make a	418
report pursuant to division (A)(1) of this section concerning any	419
communication the attorney or physician receives from a client or	420
patient in an attorney-client or physician-patient relationship,	421
if, in accordance with division (A) or (B) of section 2317.02 of	422
the Revised Code, the attorney or physician could not testify with	423
respect to that communication in a civil or criminal proceeding,	424
except that the client or patient is deemed to have waived any	425
testimonial privilege under division (A) or (B) of section 2317.02	426
of the Revised Code with respect to that communication and the	427
attorney or physician shall make a report pursuant to division	428
(A)(1) of this section with respect to that communication, if all	429
of the following apply:	430

(a) The client or patient, at the time of the communication,	431
is either a child under eighteen years of age or a mentally	432
retarded, developmentally disabled, or physically impaired person	433
under twenty-one years of age.	434

(b) The attorney or physician knows or suspects, as a result	435
of the communication or any observations made during that	436
communication, that the client or patient has suffered or faces a	437
threat of suffering any physical or mental wound, injury,	438
disability, or condition of a nature that reasonably indicates	439
abuse or neglect of the client or patient.	440

(c) The attorney-client or physician-patient relationship	441
does not arise out of the client's or patient's attempt to have an	442
abortion without the notification of her parents, guardian, or	443
custodian in accordance with section 2151.85 of the Revised Code.	444

(B) Anyone, who knows or suspects that a child under eighteen	445
years of age or a mentally retarded, developmentally disabled, or	446
physically impaired person under twenty-one years of age has	447
suffered or faces a threat of suffering any physical or mental	448
wound, injury, disability, or other condition of a nature that	449
reasonably indicates abuse or neglect of the child may report or	450
cause reports to be made of that knowledge or suspicion to the	451
entity or persons specified in this division. Except as provided	452
in section 5120.173 of the Revised Code, a person making a report	453
or causing a report to be made under this division shall make it	454
or cause it to be made to the public children services agency or	455
to a municipal or county peace officer. In the circumstances	456
described in section 5120.173 of the Revised Code, a person making	457
a report or causing a report to be made under this division shall	458
make it or cause it to be made to the entity specified in that	459
section.	460

(C) Any report made pursuant to division (A) or (B) of this	461
section shall be made forthwith either by telephone or in person	462
and shall be followed by a written report, if requested by the	463
receiving agency or officer. The written report shall contain:	464

(1) The names and addresses of the child and the child's	465
parents or the person or persons having custody of the child, if	466
known;	467

(2) The child's age and the nature and extent of the child's	468
known or suspected injuries, abuse, or neglect or of the known or	469
suspected threat of injury, abuse, or neglect, including any	470
evidence of previous injuries, abuse, or neglect;	471

(3) Any other information that might be helpful in	472
establishing the cause of the known or suspected injury, abuse, or	473
neglect or of the known or suspected threat of injury, abuse, or	474
neglect.	475

Any person, who is required by division (A) of this section	476
to report known or suspected child abuse or child neglect, may	477
take or cause to be taken color photographs of areas of trauma	478
visible on a child and, if medically indicated, cause to be	479
performed radiological examinations of the child.	480

(D)(1) When a municipal or county peace officer receives a	481
report concerning the possible abuse or neglect of a child or the	482
possible threat of abuse or neglect of a child, upon receipt of	483
the report, the municipal or county peace officer who receives the	484
report shall refer the report to the appropriate public children	485
services agency.	486

(2) When a public children services agency receives a report	487
pursuant to this division or division (A) or (B) of this section,	488
upon receipt of the report, the public children services agency	489
shall comply with section 2151.422 of the Revised Code.	490

(E) No township, municipal, or county peace officer shall	491
remove a child about whom a report is made pursuant to this	492
section from the child's parents, stepparents, or guardian or any	493
other persons having custody of the child without consultation	494
with the public children services agency, unless, in the judgment	495
of the officer, and, if the report was made by physician, the	496
physician, immediate removal is considered essential to protect	497
the child from further abuse or neglect. The agency that must be	498
consulted shall be the agency conducting the investigation of the	499
report as determined pursuant to section 2151.422 of the Revised	500
Code.	501

(F)(1) Except as provided in section 2151.422 of the Revised	502
Code, the public children services agency shall investigate,	503
within twenty-four hours, each report of known or suspected child	504
abuse or child neglect and of a known or suspected threat of child	505
abuse or child neglect that is referred to it under this section	506
to determine the circumstances surrounding the injuries, abuse, or	507
neglect or the threat of injury, abuse, or neglect, the cause of	508
the injuries, abuse, neglect, or threat, and the person or persons	509
responsible. The investigation shall be made in cooperation with	510
the law enforcement agency and in accordance with the memorandum	511
of understanding prepared under division (J) of this section. A	512
failure to make the investigation in accordance with the	513
memorandum is not grounds for, and shall not result in, the	514
dismissal of any charges or complaint arising from the report or	515
the suppression of any evidence obtained as a result of the report	516
and does not give, and shall not be construed as giving, any	517
rights or any grounds for appeal or post-conviction relief to any	518
person. The public children services agency shall report each case	519
to a central registry which the department of job and family	520
services shall maintain in order to determine whether prior	521
reports have been made in other counties concerning the child or	522
other principals in the case. The public children services agency	523
shall submit a report of its investigation, in writing, to the law	524
enforcement agency.	525

(2) The public children services agency shall make any	526
recommendations to the county prosecuting attorney or city	527
director of law that it considers necessary to protect any	528
children that are brought to its attention.	529

(G)(1)(a) Except as provided in division (H)(3) of this	530
section, anyone or any hospital, institution, school, health	531
department, or agency participating in the making of reports under	532
division (A) of this section, anyone or any hospital, institution,	533
school, health department, or agency participating in good faith	534
in the making of reports under division (B) of this section, and	535
anyone participating in good faith in a judicial proceeding	536
resulting from the reports, shall be immune from any civil or	537
criminal liability for injury, death, or loss to person or	538
property that otherwise might be incurred or imposed as a result	539
of the making of the reports or the participation in the judicial	540
proceeding.	541

(b) Notwithstanding section 4731.22 of the Revised Code, the	542
physician-patient privilege shall not be a ground for excluding	543
evidence regarding a child's injuries, abuse, or neglect, or the	544
cause of the injuries, abuse, or neglect in any judicial	545
proceeding resulting from a report submitted pursuant to this	546
section.	547

(2) In any civil or criminal action or proceeding in which it	548
is alleged and proved that participation in the making of a report	549
under this section was not in good faith or participation in a	550
judicial proceeding resulting from a report made under this	551
section was not in good faith, the court shall award the	552
prevailing party reasonable attorney's fees and costs and, if a	553
civil action or proceeding is voluntarily dismissed, may award	554
reasonable attorney's fees and costs to the party against whom the	555
civil action or proceeding is brought.	556

(H)(1) Except as provided in divisions (H)(4), (M), and (N)	557
of this section, a report made under this section is confidential.	558
The information provided in a report made pursuant to this section	559
and the name of the person who made the report shall not be	560
released for use, and shall not be used, as evidence in any civil	561
action or proceeding brought against the person who made the	562
report. In a criminal proceeding, the report is admissible in	563
evidence in accordance with the Rules of Evidence and is subject	564
to discovery in accordance with the Rules of Criminal Procedure.	565

(2) No person shall permit or encourage the unauthorized	566
dissemination of the contents of any report made under this	567
section.	568

(3) A person who knowingly makes or causes another person to	569
make a false report under division (B) of this section that	570
alleges that any person has committed an act or omission that	571
resulted in a child being an abused child or a neglected child is	572
guilty of a violation of section 2921.14 of the Revised Code.	573

(4) If a report is made pursuant to division (A) or (B) of	574
this section and the child who is the subject of the report dies	575
for any reason at any time after the report is made, but before	576
the child attains eighteen years of age, the public children	577
services agency or municipal or county peace officer to which the	578
report was made or referred, on the request of the child fatality	579
review board, shall submit a summary sheet of information	580
providing a summary of the report to the review board of the	581
county in which the deceased child resided at the time of death.	582
On the request of the review board, the agency or peace officer	583
may, at its discretion, make the report available to the review	584
board.	585

(5) A public children services agency shall advise a person	586
alleged to have inflicted abuse or neglect on a child who is the	587
subject of a report made pursuant to this section in writing of	588
the disposition of the investigation. The agency shall not provide	589
to the person any information that identifies the person who made	590
the report, statements of witnesses, or police or other	591
investigative reports.	592

(I) Any report that is required by this section, other than a	593
report that is made to the state highway patrol as described in	594
section 5120.173 of the Revised Code, shall result in protective	595
services and emergency supportive services being made available by	596
the public children services agency on behalf of the children	597
about whom the report is made, in an effort to prevent further	598
neglect or abuse, to enhance their welfare, and, whenever	599
possible, to preserve the family unit intact. The agency required	600
to provide the services shall be the agency conducting the	601
investigation of the report pursuant to section 2151.422 of the	602
Revised Code.	603

(J)(1) Each public children services agency shall prepare a	604
memorandum of understanding that is signed by all of the	605
following:	606

(a) If there is only one juvenile judge in the county, the	607
juvenile judge of the county or the juvenile judge's	608
representative;	609

(b) If there is more than one juvenile judge in the county, a	610
juvenile judge or the juvenile judges' representative selected by	611
the juvenile judges or, if they are unable to do so for any	612
reason, the juvenile judge who is senior in point of service or	613
the senior juvenile judge's representative;	614

(c) The county peace officer;

615

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

616

(e) Other law enforcement officers handling child abuse and	617
neglect cases in the county;	618

(f) The prosecuting attorney of the county;

619

(g) If the public children services agency is not the county	620
department of job and family services, the county department of	621
job and family services;	622

(h) The county humane society.

623

(2) A memorandum of understanding shall set forth the normal	624
operating procedure to be employed by all concerned officials in	625
the execution of their respective responsibilities under this	626
section and division (C) of section 2919.21, division (B)(1) of	627
section 2919.22, division (B) of section 2919.23, and section	628
2919.24 of the Revised Code and shall have as two of its primary	629
goals the elimination of all unnecessary interviews of children	630
who are the subject of reports made pursuant to division (A) or	631
(B) of this section and, when feasible, providing for only one	632
interview of a child who is the subject of any report made	633
pursuant to division (A) or (B) of this section. A failure to	634
follow the procedure set forth in the memorandum by the concerned	635
officials is not grounds for, and shall not result in, the	636
dismissal of any charges or complaint arising from any reported	637
case of abuse or neglect or the suppression of any evidence	638
obtained as a result of any reported child abuse or child neglect	639
and does not give, and shall not be construed as giving, any	640
rights or any grounds for appeal or post-conviction relief to any	641
person.	642

(3) A memorandum of understanding shall include all of the	643
following:	644

(a) The roles and responsibilities for handling emergency and	645
nonemergency cases of abuse and neglect;	646

(b) Standards and procedures to be used in handling and	647
coordinating investigations of reported cases of child abuse and	648
reported cases of child neglect, methods to be used in	649
interviewing the child who is the subject of the report and who	650
allegedly was abused or neglected, and standards and procedures	651
addressing the categories of persons who may interview the child	652
who is the subject of the report and who allegedly was abused or	653
neglected.	654

(K)(1) Except as provided in division (K)(4) of this section,	655
a person who is required to make a report pursuant to division (A)	656
of this section may make a reasonable number of requests of the	657
public children services agency that receives or is referred the	658
report to be provided with the following information:	659

(a) Whether the agency has initiated an investigation of the	660
report;	661

(b) Whether the agency is continuing to investigate the	662
report;	663

(c) Whether the agency is otherwise involved with the child	664
who is the subject of the report;	665

(d) The general status of the health and safety of the child	666
who is the subject of the report;	667

(e) Whether the report has resulted in the filing of a	668
complaint in juvenile court or of criminal charges in another	669
court.	670

(2) A person may request the information specified in	671
division (K)(1) of this section only if, at the time the report is	672
made, the person's name, address, and telephone number are	673
provided to the person who receives the report.	674

When a municipal or county peace officer or employee of a	675
public children services agency receives a report pursuant to	676
division (A) or (B) of this section the recipient of the report	677
shall inform the person of the right to request the information	678
described in division (K)(1) of this section. The recipient of the	679
report shall include in the initial child abuse or child neglect	680
report that the person making the report was so informed and, if	681
provided at the time of the making of the report, shall include	682
the person's name, address, and telephone number in the report.	683

Each request is subject to verification of the identity of	684
the person making the report. If that person's identity is	685
verified, the agency shall provide the person with the information	686
described in division (K)(1) of this section a reasonable number	687
of times, except that the agency shall not disclose any	688
confidential information regarding the child who is the subject of	689
the report other than the information described in those	690
divisions.	691

(3) A request made pursuant to division (K)(1) of this	692
section is not a substitute for any report required to be made	693
pursuant to division (A) of this section.	694

(4) If an agency other than the agency that received or was	695
referred the report is conducting the investigation of the report	696
pursuant to section 2151.422 of the Revised Code, the agency	697
conducting the investigation shall comply with the requirements of	698
division (K) of this section.	699

(L) The director of job and family services shall adopt rules	700
in accordance with Chapter 119. of the Revised Code to implement	701
this section. The department of job and family services may enter	702
into a plan of cooperation with any other governmental entity to	703
aid in ensuring that children are protected from abuse and	704
neglect. The department shall make recommendations to the attorney	705
general that the department determines are necessary to protect	706
children from child abuse and child neglect.	707

(M) No later than the end of the day following the day on	708
which a public children services agency receives a report of	709
alleged child abuse or child neglect, or a report of an alleged	710
threat of child abuse or child neglect, that allegedly occurred in	711
or involved an out-of-home care entity, the agency shall provide	712
written notice of the allegations contained in and the person	713
named as the alleged perpetrator in the report to the	714
administrator, director, or other chief administrative officer of	715
the out-of-home care entity that is the subject of the report	716
unless the administrator, director, or other chief administrative	717
officer is named as an alleged perpetrator in the report. If the	718
administrator, director, or other chief administrative officer of	719
an out-of-home care entity is named as an alleged perpetrator in a	720
report of alleged child abuse or child neglect, or a report of an	721
alleged threat of child abuse or child neglect, that allegedly	722
occurred in or involved the out-of-home care entity, the agency	723
shall provide the written notice to the owner or governing board	724
of the out-of-home care entity that is the subject of the report.	725
The agency shall not provide witness statements or police or other	726
investigative reports.	727

(N) No later than three days after the day on which a public	728
children services agency that conducted the investigation as	729
determined pursuant to section 2151.422 of the Revised Code makes	730
a disposition of an investigation involving a report of alleged	731
child abuse or child neglect, or a report of an alleged threat of	732
child abuse or child neglect, that allegedly occurred in or	733
involved an out-of-home care entity, the agency shall send written	734
notice of the disposition of the investigation to the	735
administrator, director, or other chief administrative officer and	736
the owner or governing board of the out-of-home care entity. The	737
agency shall not provide witness statements or police or other	738
investigative reports.	739

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

740

(1) "Mentally retarded person" and "developmentally disabled	741
person" have the same meanings as in section 5123.01 of the	742
Revised Code.	743

(2) "Mentally retarded or developmentally disabled victim"	744
includes any of the following persons:	745

(a) A mentally retarded person or developmentally disabled	746
person who was a victim of a violation identified in division	747
(B)(1) of this section or an act that would be an offense of	748
violence if committed by an adult;	749

(b) A mentally retarded person or developmentally disabled	750
person against whom was directed any conduct that constitutes, or	751
that is an element of, a violation identified in division (B)(1)	752
of this section or an act that would be an offense of violence if	753
committed by an adult.	754

(B)(1) In any proceeding in juvenile court involving a	755
complaint, indictment, or information in which a child is charged	756
with a violation of section 2903.16, 2903.34, 2903.341, 2907.02,	757
2907.03, 2907.05, 2907.21, 2907.23, 2907.24, 2907.32, 2907.321,	758
2907.322, or 2907.323 of the Revised Code or an act that would be	759
an offense of violence if committed by an adult and in which an	760
alleged victim of the violation or act was a mentally retarded	761
person or developmentally disabled person, the juvenile judge,	762
upon motion of the prosecution, shall order that the testimony of	763
the mentally retarded or developmentally disabled victim be taken	764
by deposition. The prosecution also may request that the	765
deposition be videotaped in accordance with division (B)(2) of	766
this section. The judge shall notify the mentally retarded or	767
developmentally disabled victim whose deposition is to be taken,	768
the prosecution, and the attorney for the child who is charged	769
with the violation or act of the date, time, and place for taking	770
the deposition. The notice shall identify the mentally retarded or	771
developmentally disabled victim who is to be examined and shall	772
indicate whether a request that the deposition be videotaped has	773
been made. The child who is charged with the violation or act	774
shall have the right to attend the deposition and the right to be	775
represented by counsel. Depositions shall be taken in the manner	776
provided in civil cases, except that the judge in the proceeding	777
shall preside at the taking of the deposition and shall rule at	778
that time on any objections of the prosecution or the attorney for	779
the child charged with the violation or act. The prosecution and	780
the attorney for the child charged with the violation or act shall	781
have the right, as at an adjudication hearing, to full examination	782
and cross-examination of the mentally retarded or developmentally	783
disabled victim whose deposition is to be taken.	784

If a deposition taken under this division is intended to be	785
offered as evidence in the proceeding, it shall be filed in the	786
juvenile court in which the action is pending and is admissible in	787
the manner described in division (C) of this section. If a	788
deposition of a mentally retarded or developmentally disabled	789
victim taken under this division is admitted as evidence at the	790
proceeding under division (C) of this section, the mentally	791
retarded or developmentally disabled victim shall not be required	792
to testify in person at the proceeding.	793

At any time before the conclusion of the proceeding, the	794
attorney for the child charged with the violation or act may file	795
a motion with the judge requesting that another deposition of the	796
mentally retarded or developmentally disabled victim be taken	797
because new evidence material to the defense of the child charged	798
has been discovered that the attorney for the child charged could	799
not with reasonable diligence have discovered prior to the taking	800
of the admitted deposition. Any motion requesting another	801
deposition shall be accompanied by supporting affidavits. Upon the	802
filing of the motion and affidavits, the court may order that	803
additional testimony of the mentally retarded or developmentally	804
disabled victim relative to the new evidence be taken by another	805
deposition. If the court orders the taking of another deposition	806
under this provision, the deposition shall be taken in accordance	807
with this division. If the admitted deposition was a videotaped	808
deposition taken in accordance with division (B)(2) of this	809
section, the new deposition also shall be videotaped in accordance	810
with that division. In other cases, the new deposition may be	811
videotaped in accordance with that division.	812

(2) If the prosecution requests that a deposition to be taken	813
under division (B)(1) of this section be videotaped, the juvenile	814
judge shall order that the deposition be videotaped in accordance	815
with this division. If a juvenile judge issues an order to video	816
tape the deposition, the judge shall exclude from the room in	817
which the deposition is to be taken every person except the	818
mentally retarded or developmentally disabled victim giving the	819
testimony, the judge, one or more interpreters if needed, the	820
attorneys for the prosecution and the child who is charged with	821
the violation or act, any person needed to operate the equipment	822
to be used, one person chosen by the mentally retarded or	823
developmentally disabled victim giving the deposition, and any	824
person whose presence the judge determines would contribute to the	825
welfare and well-being of the mentally retarded or developmentally	826
disabled victim giving the deposition. The person chosen by the	827
mentally retarded or developmentally disabled victim shall not be	828
a witness in the proceeding and, both before and during the	829
deposition, shall not discuss the testimony of the victim with any	830
other witness in the proceeding. To the extent feasible, any	831
person operating the recording equipment shall be restricted to a	832
room adjacent to the room in which the deposition is being taken,	833
or to a location in the room in which the deposition is being	834
taken that is behind a screen or mirror so that the person	835
operating the recording equipment can see and hear, but cannot be	836
seen or heard by, the mentally retarded or developmentally	837
disabled victim giving the deposition during the deposition.	838

The child who is charged with the violation or act shall be	839
permitted to observe and hear the testimony of the mentally	840
retarded or developmentally disabled victim giving the deposition	841
on a monitor, shall be provided with an electronic means of	842
immediate communication with the attorney of the child who is	843
charged with the violation or act during the testimony, and shall	844
be restricted to a location from which the child who is charged	845
with the violation or act cannot be seen or heard by the mentally	846
retarded or developmentally disabled victim giving the deposition,	847
except on a monitor provided for that purpose. The mentally	848
retarded or developmentally disabled victim giving the deposition	849
shall be provided with a monitor on which the mentally retarded or	850
developmentally disabled victim can observe, while giving	851
testimony, the child who is charged with the violation or act. The	852
judge, at the judge's discretion, may preside at the deposition by	853
electronic means from outside the room in which the deposition is	854
to be taken; if the judge presides by electronic means, the judge	855
shall be provided with monitors on which the judge can see each	856
person in the room in which the deposition is to be taken and with	857
an electronic means of communication with each person in that	858
room, and each person in the room shall be provided with a monitor	859
on which that person can see the judge and with an electronic	860
means of communication with the judge. A deposition that is	861
videotaped under this division shall be taken and filed in the	862
manner described in division (B)(1) of this section and is	863
admissible in the manner described in this division and division	864
(C) of this section. If a deposition that is videotaped under this	865
division is admitted as evidence at the proceeding, the mentally	866
retarded or developmentally disabled victim shall not be required	867
to testify in person at the proceeding. No deposition videotaped	868
under this division shall be admitted as evidence at any	869
proceeding unless division (C) of this section is satisfied	870
relative to the deposition and all of the following apply relative	871
to the recording:	872

(a) The recording is both aural and visual and is recorded on	873
film or videotape, or by other electronic means.	874

(b) The recording is authenticated under the Rules of	875
Evidence and the Rules of Criminal Procedure as a fair and	876
accurate representation of what occurred, and the recording is not	877
altered other than at the direction and under the supervision of	878
the judge in the proceeding.	879

(c) Each voice on the recording that is material to the	880
testimony on the recording or the making of the recording, as	881
determined by the judge, is identified.	882

(d) Both the prosecution and the child who is charged with	883
the violation or act are afforded an opportunity to view the	884
recording before it is shown in the proceeding.	885

(C)(1) At any proceeding in relation to which a deposition	886
was taken under division (B) of this section, the deposition or a	887
part of it is admissible in evidence upon motion of the	888
prosecution if the testimony in the deposition or the part to be	889
admitted is not excluded by the hearsay rule and if the deposition	890
or the part to be admitted otherwise is admissible under the Rules	891
of Evidence. For purposes of this division, testimony is not	892
excluded by the hearsay rule if the testimony is not hearsay under	893
Evidence Rule 801; the testimony is within an exception to the	894
hearsay rule set forth in Evidence Rule 803; the mentally retarded	895
or developmentally disabled victim who gave the testimony is	896
unavailable as a witness, as defined in Evidence Rule 804, and the	897
testimony is admissible under that rule; or both of the following	898
apply:	899

(a) The child who is charged with the violation or act had an	900
opportunity and similar motive at the time of the taking of the	901
deposition to develop the testimony by direct, cross, or redirect	902
examination.	903

(b) The judge determines that there is reasonable cause to	904
believe that, if the mentally retarded or developmentally disabled	905
victim who gave the testimony in the deposition were to testify in	906
person at the proceeding, the mentally retarded or developmentally	907
disabled victim would experience serious emotional trauma as a	908
result of the mentally retarded or developmentally disabled	909
victim's participation at the proceeding.	910

(2) Objections to receiving in evidence a deposition or a	911
part of it under division (C) of this section shall be made as	912
provided in civil actions.	913

(3) The provisions of divisions (B) and (C) of this section	914
are in addition to any other provisions of the Revised Code, the	915
Rules of Juvenile Procedure, the Rules of Criminal Procedure, or	916
the Rules of Evidence that pertain to the taking or admission of	917
depositions in a juvenile court proceeding and do not limit the	918
admissibility under any of those other provisions of any	919
deposition taken under division (B) of this section or otherwise	920
taken.	921

(D) In any proceeding in juvenile court involving a	922
complaint, indictment, or information in which a child is charged	923
with a violation listed in division (B)(1) of this section or an	924
act that would be an offense of violence if committed by an adult	925
and in which an alleged victim of the violation or offense was a	926
mentally retarded or developmentally disabled person, the	927
prosecution may file a motion with the juvenile judge requesting	928
the judge to order the testimony of the mentally retarded or	929
developmentally disabled victim to be taken in a room other than	930
the room in which the proceeding is being conducted and be	931
televised, by closed circuit equipment, into the room in which the	932
proceeding is being conducted to be viewed by the child who is	933
charged with the violation or act and any other persons who are	934
not permitted in the room in which the testimony is to be taken	935
but who would have been present during the testimony of the	936
mentally retarded or developmentally disabled victim had it been	937
given in the room in which the proceeding is being conducted.	938
Except for good cause shown, the prosecution shall file a motion	939
under this division at least seven days before the date of the	940
proceeding. The juvenile judge may issue the order upon the motion	941
of the prosecution filed under this division, if the judge	942
determines that the mentally retarded or developmentally disabled	943
victim is unavailable to testify in the room in which the	944
proceeding is being conducted in the physical presence of the	945
child charged with the violation or act for one or more of the	946
reasons set forth in division (F) of this section. If a juvenile	947
judge issues an order of that nature, the judge shall exclude from	948
the room in which the testimony is to be taken every person except	949
a person described in division (B)(2) of this section. The judge,	950
at the judge's discretion, may preside during the giving of the	951
testimony by electronic means from outside the room in which it is	952
being given, subject to the limitations set forth in division	953
(B)(2) of this section. To the extent feasible, any person	954
operating the televising equipment shall be hidden from the sight	955
and hearing of the mentally retarded or developmentally disabled	956
victim giving the testimony, in a manner similar to that described	957
in division (B)(2) of this section. The child who is charged with	958
the violation or act shall be permitted to observe and hear the	959
testimony of the mentally retarded or developmentally disabled	960
victim giving the testimony on a monitor, shall be provided with	961
an electronic means of immediate communication with the attorney	962
of the child who is charged with the violation or act during the	963
testimony, and shall be restricted to a location from which the	964
child who is charged with the violation or act cannot be seen or	965
heard by the mentally retarded or developmentally disabled victim	966
giving the testimony, except on a monitor provided for that	967
purpose. The mentally retarded or developmentally disabled victim	968
giving the testimony shall be provided with a monitor on which the	969
mentally retarded or developmentally disabled victim can observe,	970
while giving testimony, the child who is charged with the	971
violation or act.	972

(E) In any proceeding in juvenile court involving a	973
complaint, indictment, or information in which a child is charged	974
with a violation listed in division (B)(1) of this section or an	975
act that would be an offense of violence if committed by an adult	976
and in which an alleged victim of the violation or offense was a	977
mentally retarded or developmentally disabled person, the	978
prosecution may file a motion with the juvenile judge requesting	979
the judge to order the testimony of the mentally retarded or	980
developmentally disabled victim to be taken outside of the room in	981
which the proceeding is being conducted and be recorded for	982
showing in the room in which the proceeding is being conducted	983
before the judge, the child who is charged with the violation or	984
act, and any other persons who would have been present during the	985
testimony of the mentally retarded or developmentally disabled	986
victim had it been given in the room in which the proceeding is	987
being conducted. Except for good cause shown, the prosecution	988
shall file a motion under this division at least seven days before	989
the date of the proceeding. The juvenile judge may issue the order	990
upon the motion of the prosecution filed under this division, if	991
the judge determines that the mentally retarded or developmentally	992
disabled victim is unavailable to testify in the room in which the	993
proceeding is being conducted in the physical presence of the	994
child charged with the violation or act, due to one or more of the	995
reasons set forth in division (F) of this section. If a juvenile	996
judge issues an order of that nature, the judge shall exclude from	997
the room in which the testimony is to be taken every person except	998
a person described in division (B)(2) of this section. To the	999
extent feasible, any person operating the recording equipment	1000
shall be hidden from the sight and hearing of the mentally	1001
retarded or developmentally disabled victim giving the testimony,	1002
in a manner similar to that described in division (B)(2) of this	1003
section. The child who is charged with the violation or act shall	1004
be permitted to observe and hear the testimony of the mentally	1005
retarded or developmentally disabled victim giving the testimony	1006
on a monitor, shall be provided with an electronic means of	1007
immediate communication with the attorney of the child who is	1008
charged with the violation or act during the testimony, and shall	1009
be restricted to a location from which the child who is charged	1010
with the violation or act cannot be seen or heard by the mentally	1011
retarded or developmentally disabled victim giving the testimony,	1012
except on a monitor provided for that purpose. The mentally	1013
retarded or developmentally disabled victim giving the testimony	1014
shall be provided with a monitor on which the mentally retarded or	1015
developmentally disabled victim can observe, while giving	1016
testimony, the child who is charged with the violation or act. No	1017
order for the taking of testimony by recording shall be issued	1018
under this division unless the provisions set forth in divisions	1019
(B)(2)(a), (b), (c), and (d) of this section apply to the	1020
recording of the testimony.	1021

(F) For purposes of divisions (D) and (E) of this section, a	1022
juvenile judge may order the testimony of a mentally retarded or	1023
developmentally disabled victim to be taken outside of the room in	1024
which a proceeding is being conducted if the judge determines that	1025
the mentally retarded or developmentally disabled victim is	1026
unavailable to testify in the room in the physical presence of the	1027
child charged with the violation or act due to one or more of the	1028
following circumstances:	1029

(1) The persistent refusal of the mentally retarded or	1030
developmentally disabled victim to testify despite judicial	1031
requests to do so;	1032

(2) The inability of the mentally retarded or developmentally	1033
disabled victim to communicate about the alleged violation or	1034
offense because of extreme fear, failure of memory, or another	1035
similar reason;	1036

(3) The substantial likelihood that the mentally retarded or	1037
developmentally disabled victim will suffer serious emotional	1038
trauma from so testifying.	1039

(G)(1) If a juvenile judge issues an order pursuant to	1040
division (D) or (E) of this section that requires the testimony of	1041
a mentally retarded or developmentally disabled victim in a	1042
juvenile court proceeding to be taken outside of the room in which	1043
the proceeding is being conducted, the order shall specifically	1044
identify the mentally retarded or developmentally disabled victim	1045
to whose testimony it applies, the order applies only during the	1046
testimony of the specified mentally retarded or developmentally	1047
disabled victim, and the mentally retarded or developmentally	1048
disabled victim giving the testimony shall not be required to	1049
testify at the proceeding other than in accordance with the order.	1050
The authority of a judge to close the taking of a deposition under	1051
division (B)(2) of this section or a proceeding under division (D)	1052
or (E) of this section is in addition to the authority of a judge	1053
to close a hearing pursuant to section 2151.35 of the Revised	1054
Code.	1055

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

Sec. 2311.14.  (A)(1) Whenever because of a hearing, speech,	1063
or other impairment a party to or witness in a legal proceeding	1064
cannot readily understand or communicate, the court shall appoint	1065
a qualified interpreter to assist such person. Before appointing	1066
any interpreter under this division for a party or witness who is	1067
a mentally retarded person or developmentally disabled person, the	1068
court shall evaluate the qualifications of the interpreter and	1069
shall make a determination as to the ability of the interpreter to	1070
effectively interpret on behalf of the party or witness that the	1071
interpreter will assist, and the court may appoint the interpreter	1072
only if the court is satisfied that the interpreter is able to	1073
effectively interpret on behalf of that party or witness.	1074

(2) This section is not limited to a person who speaks a	1075
language other than English. It also applies to the language and	1076
descriptions of any mentally retarded person or developmentally	1077
disabled person who cannot be reasonably understood, or who cannot	1078
understand questioning, without the aid of an interpreter. The	1079
interpreter may aid the parties in formulating methods of	1080
questioning the person with mental retardation or a developmental	1081
disability and in interpreting the answers of the person.	1082

(B) Before entering upon hisofficial duties, the interpreter	1083
shall take an oath that hethe interpreter will make a true	1084
interpretation of the proceedings to the party or witness, and	1085
that hethe interpreter will truly repeat the statements made by	1086
such party or witness to the court, to the best of histhe	1087
interpreter's ability. If the interpreter is appointed to assist a	1088
mentally retarded person or developmentally disabled person as	1089
described in division (A)(2) of this section, the oath also shall	1090
include an oath that the interpreter will not prompt, lead,	1091
suggest, or otherwise improperly influence the testimony of the	1092
witness or party.	1093

(C) The court shall determine a reasonable fee for all such	1094
interpreter service which shall be paid out of the same funds as	1095
witness fees.	1096

(D) As used in this section, "mentally retarded person" and	1097
"developmentally disabled person" have the same meanings as in	1098
section 5123.01 of the Revised Code.	1099

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

1100

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

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

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

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

(C) No person who owns, operates, or administers a care	1125
facility or who is an agent of a care facility shall condone, or	1126
knowingly permit, any conduct by an MR/DD caretaker who is	1127
employed by or under the control of the owner, operator,	1128
administrator, or agent that is in violation of division (B) of	1129
this section and that involves a mentally retarded person or a	1130
developmentally disabled person who is under the care of the	1131
owner, operator, administrator, or agent. A person who relies upon	1132
treatment by spiritual means through prayer alone, in accordance	1133
with the tenets of a recognized religious denomination, shall not	1134
be considered endangered under this division for that reason	1135
alone.	1136

(D)(1) Division (C) of this section does not apply to a	1137
person who owns, operates, or administers a care facility or who	1138
is an agent of a care facility unless the owner, operator,	1139
administrator, or agent condones, or knowingly permits, the	1140
conduct of the MR/DD caretaker in question that is in violation of	1141
division (B) of this section.	1142

(2) It is an affirmative defense to a charge of a violation	1143
of division (B) or (C) of this section that the actor's conduct	1144
was committed in good faith solely because the actor was ordered	1145
to commit the conduct by a person with supervisory authority over	1146
the actor.	1147

(3) It is an affirmative defense to a charge of a violation	1148
of division (C) of this section that the person who owns,	1149
operates, or administers a care facility or who is an agent of a	1150
care facility and who is charged with the violation is following	1151
the individual protective service plan for the involved mentally	1152
retarded person or a developmentally disabled person or that the	1153
admission, discharge, and transfer rule set forth in the	1154
Administrative Code is being followed.	1155

(E) Whoever violates division (B) or (C) of this section is	1156
guilty of patient endangerment, a misdemeanor of the first degree.	1157
If the offender previously has been convicted of, or pleaded	1158
guilty to, a violation of this section, patient endangerment is a	1159
felony of the fifth degree.	1160

Sec. 2930.03.  (A) A person or entity required or authorized	1161
under this chapter to give notice to a victim shall give the	1162
notice to the victim by any means reasonably calculated to provide	1163
prompt actual notice. Except when a provision requires that notice	1164
is to be given in a specific manner, a notice may be oral or	1165
written.	1166

(B) Except for receipt of the initial information and notice	1167
required to be given to a victim under divisions (A) and (B) of	1168
section 2930.04, section 2930.05, and divisions (A) and (B) of	1169
section 2930.06 of the Revised Code, a victim who wishes to	1170
receive any notice authorized by this chapter shall make a request	1171
for the notice to the prosecutor or the custodial agency that is	1172
to provide the notice, as specified in this chapter. If the victim	1173
does not make a request as described in this division, the	1174
prosecutor or custodial agency is not required to provide any	1175
notice described in this chapter other than the initial	1176
information and notice required to be given to a victim under	1177
divisions (A) and (B) of section 2930.04, section 2930.05, and	1178
divisions (A) and (B) of section 2930.06 of the Revised Code.	1179

(C) A person or agency that is required to furnish notice	1180
under this chapter shall give the notice to the victim at the	1181
address or telephone number provided to the person or agency by	1182
the victim. A victim who requests to receive notice under this	1183
chapter as described in division (B) of this section shall inform	1184
the person or agency of the name, address, or telephone number of	1185
the victim and of any change to that information.	1186

(D) A person or agency that has furnished information to a	1187
victim in accordance with any requirement or authorization under	1188
this chapter shall notify the victim promptly of any significant	1189
changes to that information.	1190

(E) Divisions (A) to (D) of this section do not apply	1191
regarding a notice that a prosecutor is required to provide under	1192
section 2930.061 of the Revised Code. A prosecutor required to	1193
provide notice under that section shall provide the notice as	1194
specified in that section.	1195

Sec. 2930.061.  (A) If a person is charged in a complaint,	1196
indictment, or information with any crime or specified delinquent	1197
act or with any other violation of law, and if the case involves a	1198
victim that the prosecutor in the case knows is a mentally	1199
retarded person or a developmentally disabled person, in addition	1200
to any other notices required under this chapter or under any	1201
other provision of law, the prosecutor in the case shall send	1202
written notice of the charges to the department of mental	1203
retardation and developmental disabilities. The written notice	1204
shall specifically identify the person so charged.	1205

(B) As used in this section, "mentally retarded person" and	1206
"developmentally disabled person" have the same meanings as in	1207
section 5123.01 of the Revised Code.	1208

Sec. 2945.482. (A)(1) As used in this section:

1209

(1) "Mentally retarded person" and "developmentally disabled	1210
person" have the same meanings as in section 5123.01 of the	1211
Revised Code.	1212

(2) "Mentally retarded or developmentally disabled victim"	1213
includes a mentally retarded or developmentally disabled person	1214
who was a victim of a violation identified in division (B)(1) of	1215
this section or an offense of violence or against whom was	1216
directed any conduct that constitutes, or that is an element of, a	1217
violation identified in division (B)(1) of this section or an	1218
offense of violence.	1219

(B)(1) In any proceeding in the prosecution of a charge of a	1220
violation of section 2903.16, 2903.34, 2903.341, 2905.03, 2907.02,	1221
2907.03, 2907.05, 2907.06, 2907.09, 2907.21, 2907.23, 2907.24,	1222
2907.32, 2907.321, 2907.322, or 2907.323 of the Revised Code or an	1223
offense of violence and in which an alleged victim of the	1224
violation or offense was a mentally retarded or developmentally	1225
disabled person, the judge of the court in which the prosecution	1226
is being conducted, upon motion of an attorney for the	1227
prosecution, shall order that the testimony of the mentally	1228
retarded or developmentally disabled victim be taken by	1229
deposition. The prosecution also may request that the deposition	1230
be videotaped in accordance with division (B)(2) of this section.	1231
The judge shall notify the mentally retarded or developmentally	1232
disabled victim whose deposition is to be taken, the prosecution,	1233
and the defense of the date, time, and place for taking the	1234
deposition. The notice shall identify the mentally retarded or	1235
developmentally disabled victim who is to be examined and shall	1236
indicate whether a request that the deposition be videotaped has	1237
been made. The defendant shall have the right to attend the	1238
deposition and the right to be represented by counsel. Depositions	1239
shall be taken in the manner provided in civil cases, except that	1240
the judge shall preside at the taking of the deposition and shall	1241
rule at the time on any objections of the prosecution or the	1242
attorney for the defense. The prosecution and the attorney for the	1243
defense shall have the right, as at trial, to full examination and	1244
cross-examination of the mentally retarded or developmentally	1245
disabled victim whose deposition is to be taken. If a deposition	1246
taken under this division is intended to be offered as evidence in	1247
the proceeding, it shall be filed in the court in which the action	1248
is pending and is admissible in the manner described in division	1249
(C) of this section.	1250

If a deposition of a mentally retarded or developmentally	1251
disabled victim taken under this division is admitted as evidence	1252
at the proceeding under division (C) of this section, the mentally	1253
retarded or developmentally disabled victim shall not be required	1254
to testify in person at the proceeding.	1255

At any time before the conclusion of the proceeding, the	1256
attorney for the defense may file a motion with the judge	1257
requesting that another deposition of the mentally retarded or	1258
developmentally disabled victim be taken because new evidence	1259
material to the defense has been discovered that the attorney for	1260
the defense could not with reasonable diligence have discovered	1261
prior to the taking of the admitted deposition. If the court	1262
orders the taking of another deposition under this provision, the	1263
deposition shall be taken in accordance with this division. If the	1264
admitted deposition was a videotaped deposition taken in	1265
accordance with division (B)(2) of this section, the new	1266
deposition shall be videotaped in accordance with that division.	1267
In other cases, the new deposition may be videotaped in accordance	1268
with that division.	1269

(2) If the prosecution requests that a deposition to be taken	1270
under division (B)(2) of this section be videotaped, the judge	1271
shall order that the deposition be videotaped in accordance with	1272
this division. If a judge issues an order that the deposition be	1273
videotaped, the judge shall exclude from the room in which the	1274
deposition is to be taken every person except the mentally	1275
retarded or developmentally disabled victim giving the testimony,	1276
the judge, one or more interpreters if needed, the attorneys for	1277
the prosecution and the defense, any person needed to operate the	1278
equipment to be used, one person chosen by the mentally retarded	1279
or developmentally disabled victim giving the deposition, and any	1280
person whose presence the judge determines would contribute to the	1281
welfare and well-being of the mentally retarded or developmentally	1282
disabled victim giving the deposition. The person chosen by the	1283
mentally retarded or developmentally disabled victim shall not be	1284
a witness in the proceeding and, both before and during the	1285
deposition, shall not discuss the testimony of the mentally	1286
retarded or developmentally disabled victim with any other witness	1287
in the proceeding. To the extent feasible, any person operating	1288
the recording equipment shall be restricted to a room adjacent to	1289
the room in which the deposition is being taken, or to a location	1290
in the room in which the deposition is being taken that is behind	1291
a screen or mirror, so that the person operating the recording	1292
equipment can see and hear, but cannot be seen or heard by, the	1293
mentally retarded or developmentally disabled victim giving the	1294
deposition during the deposition.	1295

The defendant shall be permitted to observe and hear the	1296
testimony of the mentally retarded or developmentally disabled	1297
victim giving the deposition on a monitor, shall be provided with	1298
an electronic means of immediate communication with the	1299
defendant's attorney during the testimony, and shall be restricted	1300
to a location from which the defendant cannot be seen or heard by	1301
the mentally retarded or developmentally disabled victim giving	1302
the deposition, except on a monitor provided for that purpose. The	1303
mentally retarded or developmentally disabled victim giving the	1304
deposition shall be provided with a monitor on which the victim	1305
can observe, during the testimony, the defendant. The judge, at	1306
the judge's discretion, may preside at the deposition by	1307
electronic means from outside the room in which the deposition is	1308
to be taken. If the judge presides by electronic means, the judge	1309
shall be provided with monitors on which the judge can see each	1310
person in the room in which the deposition is to be taken and with	1311
an electronic means of communication with each person, and each	1312
person in the room shall be provided with a monitor on which that	1313
person can see the judge and with an electronic means of	1314
communication with the judge. A deposition that is videotaped	1315
under this division shall be taken and filed in the manner	1316
described in division (B)(1) of this section and is admissible in	1317
the manner described in this division and division (C) of this	1318
section, and, if a deposition that is videotaped under this	1319
division is admitted as evidence at the proceeding, the mentally	1320
retarded or developmentally disabled victim shall not be required	1321
to testify in person at the proceeding. No deposition videotaped	1322
under this division shall be admitted as evidence at any	1323
proceeding unless division (C) of this section is satisfied	1324
relative to the deposition and all of the following apply relative	1325
to the recording:	1326

(a) The recording is both aural and visual and is recorded on	1327
film or videotape, or by other electronic means.	1328

(b) The recording is authenticated under the Rules of	1329
Evidence and the Rules of Criminal Procedure as a fair and	1330
accurate representation of what occurred, and the recording is not	1331
altered other than at the direction and under the supervision of	1332
the judge in the proceeding.	1333

(c) Each voice on the recording that is material to the	1334
testimony on the recording or the making of the recording, as	1335
determined by the judge, is identified.	1336

(d) Both the prosecution and the defendant are afforded an	1337
opportunity to view the recording before it is shown in the	1338
proceeding.	1339

(C)(1) At any proceeding in a prosecution in relation to	1340
which a deposition was taken under division (B) of this section,	1341
the deposition or a part of it is admissible in evidence upon	1342
motion of the prosecution if the testimony in the deposition or	1343
the part to be admitted is not excluded by the hearsay rule and if	1344
the deposition or the part to be admitted otherwise is admissible	1345
under the Rules of Evidence. For purposes of this division,	1346
testimony is not excluded by the hearsay rule if the testimony is	1347
not hearsay under Evidence Rule 801; the testimony is within an	1348
exception to the hearsay rule set forth in Evidence Rule 803; the	1349
mentally retarded or developmentally disabled victim who gave the	1350
testimony is unavailable as a witness, as defined in Evidence Rule	1351
804, and the testimony is admissible under that rule; or both of	1352
the following apply:	1353

(a) The defendant had an opportunity and similar motive at	1354
the time of the taking of the deposition to develop the testimony	1355
by direct, cross, or redirect examination.	1356

(b) The judge determines that there is reasonable cause to	1357
believe that, if the mentally retarded or developmentally disabled	1358
victim who gave the testimony in the deposition were to testify in	1359
person at the proceeding, the mentally retarded or developmentally	1360
disabled victim would experience serious emotional trauma as a	1361
result of the mentally retarded or developmentally disabled	1362
victim's participation at the proceeding.	1363

(2) Objections to receiving in evidence a deposition or a	1364
part of it under division (C) of this section shall be made as	1365
provided in civil actions.	1366

(3) The provisions of divisions (B) and (C) of this section	1367
are in addition to any other provisions of the Revised Code, the	1368
Rules of Criminal Procedure, or the Rules of Evidence that pertain	1369
to the taking or admission of depositions in a criminal proceeding	1370
and do not limit the admissibility under any of those other	1371
provisions of any deposition taken under division (B) of this	1372
section or otherwise taken.	1373

(D) In any proceeding in the prosecution of any charge of a	1374
violation listed in division (B)(1) of this section or an offense	1375
of violence and in which an alleged victim of the violation or	1376
offense was a mentally retarded or developmentally disabled	1377
person, the prosecution may file a motion with the judge	1378
requesting the judge to order the testimony of the mentally	1379
retarded or developmentally disabled victim to be taken in a room	1380
other than the room in which the proceeding is being conducted and	1381
be televised, by closed circuit equipment, into the room in which	1382
the proceeding is being conducted to be viewed by the jury, if	1383
applicable, the defendant, and any other persons who are not	1384
permitted in the room in which the testimony is to be taken but	1385
who would have been present during the testimony of the mentally	1386
retarded or developmentally disabled victim had it been given in	1387
the room in which the proceeding is being conducted. Except for	1388
good cause shown, the prosecution shall file a motion under this	1389
division at least seven days before the date of the proceeding.	1390
The judge may issue the order upon the motion of the prosecution	1391
filed under this section, if the judge determines that the	1392
mentally retarded or developmentally disabled victim is	1393
unavailable to testify in the room in which the proceeding is	1394
being conducted in the physical presence of the defendant for one	1395
or more of the reasons set forth in division (F) of this section.	1396
If a judge issues an order of that nature, the judge shall exclude	1397
from the room in which the testimony is to be taken every person	1398
except a person described in division (B)(2) of this section. The	1399
judge, at the judge's discretion, may preside during the giving of	1400
the testimony by electronic means from outside the room in which	1401
it is being given, subject to the limitations set forth in	1402
division (B)(2) of this section. To the extent feasible, any	1403
person operating the televising equipment shall be hidden from the	1404
sight and hearing of the mentally retarded or developmentally	1405
disabled victim giving the testimony, in a manner similar to that	1406
described in division (B)(2) of this section. The defendant shall	1407
be permitted to observe and hear the testimony of the mentally	1408
retarded or developmentally disabled victim giving the testimony	1409
on a monitor, shall be provided with an electronic means of	1410
immediate communication with the defendant's attorney during the	1411
testimony, and shall be restricted to a location from which the	1412
defendant cannot be seen or heard by the mentally retarded or	1413
developmentally disabled victim giving the testimony, except on a	1414
monitor provided for that purpose. The mentally retarded or	1415
developmentally disabled victim giving the testimony shall be	1416
provided with a monitor on which the mentally retarded or	1417
developmentally disabled victim can observe, during the testimony,	1418
the defendant.	1419

(E) In any proceeding in the prosecution of any charge of a	1420
violation listed in division (B)(1) of this section or an offense	1421
of violence and in which an alleged victim of the violation or	1422
offense was a mentally retarded or developmentally disabled	1423
victim, the prosecution may file a motion with the judge	1424
requesting the judge to order the testimony of the mentally	1425
retarded or developmentally disabled victim to be taken outside of	1426
the room in which the proceeding is being conducted and be	1427
recorded for showing in the room in which the proceeding is being	1428
conducted before the judge, the jury, if applicable, the	1429
defendant, and any other persons who would have been present	1430
during the testimony of the mentally retarded or developmentally	1431
disabled victim had it been given in the room in which the	1432
proceeding is being conducted. Except for good cause shown, the	1433
prosecution shall file a motion under this division at least seven	1434
days before the date of the proceeding. The judge may issue the	1435
order upon the motion of the prosecution filed under this	1436
division, if the judge determines that the mentally retarded or	1437
developmentally disabled victim is unavailable to testify in the	1438
room in which the proceeding is being conducted in the physical	1439
presence of the defendant, for one or more of the reasons set	1440
forth in division (F) of this section. If a judge issues an order	1441
of that nature, the judge shall exclude from the room in which the	1442
testimony is to be taken every person except a person described in	1443
division (B)(2) of this section. To the extent feasible, any	1444
person operating the recording equipment shall be hidden from the	1445
sight and hearing of the mentally retarded or developmentally	1446
disabled victim giving the testimony, in a manner similar to that	1447
described in division (B)(2) of this section. The defendant shall	1448
be permitted to observe and hear the testimony of the mentally	1449
retarded or developmentally disabled victim who is giving the	1450
testimony on a monitor, shall be provided with an electronic means	1451
of immediate communication with the defendant's attorney during	1452
the testimony, and shall be restricted to a location from which	1453
the defendant cannot be seen or heard by the mentally retarded or	1454
developmentally disabled victim giving the testimony, except on a	1455
monitor provided for that purpose. The mentally retarded or	1456
developmentally disabled victim giving the testimony shall be	1457
provided with a monitor on which the victim can observe, during	1458
the testimony, the defendant. No order for the taking of testimony	1459
by recording shall be issued under this division unless the	1460
provisions set forth in divisions (B)(2)(a), (b), (c), and (d) of	1461
this section apply to the recording of the testimony.	1462

(F) For purposes of divisions (D) and (E) of this section, a	1463
judge may order the testimony of a mentally retarded or	1464
developmentally disabled victim to be taken outside the room in	1465
which the proceeding is being conducted if the judge determines	1466
that the mentally retarded or developmentally disabled victim is	1467
unavailable to testify in the room in the physical presence of the	1468
defendant due to one or more of the following:	1469

(1) The persistent refusal of the mentally retarded or	1470
developmentally disabled victim to testify despite judicial	1471
requests to do so;	1472

(2) The inability of the mentally retarded or developmentally	1473
disabled victim to communicate about the alleged violation or	1474
offense because of extreme fear, failure of memory, or another	1475
similar reason;	1476

(3) The substantial likelihood that the mentally retarded or	1477
developmentally disabled victim will suffer serious emotional	1478
trauma from so testifying.	1479

(G)(1) If a judge issues an order pursuant to division (D) or	1480
(E) of this section that requires the testimony of a mentally	1481
retarded or developmentally disabled victim in a criminal	1482
proceeding to be taken outside of the room in which the proceeding	1483
is being conducted, the order shall specifically identify the	1484
mentally retarded or developmentally disabled victim to whose	1485
testimony it applies, the order applies only during the testimony	1486
of the specified mentally retarded or developmentally disabled	1487
victim, and the mentally retarded or developmentally disabled	1488
victim giving the testimony shall not be required to testify at	1489
the proceeding other than in accordance with the order.	1490

(2) A judge who makes any determination regarding the	1491
admissibility of a deposition under divisions (B) and (C) of this	1492
section, the videotaping of a deposition under division (B)(2) of	1493
this section, or the taking of testimony outside of the room in	1494
which a proceeding is being conducted under division (D) or (E) of	1495
this section shall enter the determination and findings on the	1496
record in the proceeding.	1497

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

1498

(1) "Mentally retarded person" and "developmentally disabled	1499
person" have the same meanings as in section 5123.01 of the	1500
Revised Code.	1501

(2) "Mentally retarded or developmentally disabled victim"	1502
includes a mentally retarded or developmentally disabled person	1503
who was a victim of a felony violation identified in division	1504
(B)(1) of this section or a felony offense of violence or against	1505
whom was directed any conduct that constitutes, or that is an	1506
element of, a felony violation identified in division (B)(1) of	1507
this section or a felony offense of violence.	1508

(B)(1) At a trial on a charge of a felony violation of	1509
section 2903.16, 2903.34, 2903.341, 2907.02, 2907.03, 2907.05,	1510
2907.21, 2907.23, 2907.24, 2907.32, 2907.321, 2907.322, or	1511
2907.323 of the Revised Code or an offense of violence and in	1512
which an alleged victim of the violation or offense was a mentally	1513
retarded or developmentally disabled person, the court, upon	1514
motion of the prosecutor in the case, may admit videotaped	1515
preliminary hearing testimony of the mentally retarded or	1516
developmentally disabled victim as evidence at the trial, in lieu	1517
of the mentally retarded or developmentally disabled victim	1518
appearing as a witness and testifying at trial, if all of the	1519
following apply:	1520

(a) The videotape of the testimony was made at the	1521
preliminary hearing at which probable cause of the violation	1522
charged was found.	1523

(b) The videotape of the testimony was made in accordance	1524
with division (C) of section 2937.11 of the Revised Code.	1525

(c) The testimony in the videotape is not excluded by the	1526
hearsay rule and otherwise is admissible under the Rules of	1527
Evidence. For purposes of this division, testimony is not excluded	1528
by the hearsay rule if the testimony is not hearsay under Evidence	1529
Rule 801, the testimony is within an exception to the hearsay rule	1530
set forth in Evidence Rule 803, the mentally retarded or	1531
developmentally disabled victim who gave the testimony is	1532
unavailable as a witness, as defined in Evidence Rule 804, and the	1533
testimony is admissible under that rule, or both of the following	1534
apply:	1535

(i) The accused had an opportunity and similar motive at the	1536
preliminary hearing to develop the testimony of the mentally	1537
retarded or developmentally disabled victim by direct, cross, or	1538
redirect examination.	1539

(ii) The court determines that there is reasonable cause to	1540
believe that if the mentally retarded or developmentally disabled	1541
victim who gave the testimony at the preliminary hearing were to	1542
testify in person at the trial, the mentally retarded or	1543
developmentally disabled victim would experience serious emotional	1544
trauma as a result of the victim's participation at the trial.	1545

(2) If a mentally retarded or developmentally disabled victim	1546
of an alleged felony violation of section 2903.16, 2903.34,	1547
2903.341, 2907.02, 2907.03, 2907.05, 2907.21, 2907.23, 2907.24,	1548
2907.32, 2907.321, 2907.322, or 2907.323 of the Revised Code or an	1549
alleged felony offense of violence testifies at the preliminary	1550
hearing in the case, if the testimony of the mentally retarded or	1551
developmentally disabled victim at the preliminary hearing was	1552
videotaped pursuant to division (C) of section 2937.11 of the	1553
Revised Code, and if the defendant in the case files a written	1554
objection to the use, pursuant to division (B)(1) of this section,	1555
of the videotaped testimony at the trial, the court, immediately	1556
after the filing of the objection, shall hold a hearing to	1557
determine whether the videotaped testimony of the mentally	1558
retarded or developmentally disabled victim should be admissible	1559
at trial under division (B)(1) of this section and, if it is	1560
admissible, whether the mentally retarded or developmentally	1561
disabled victim should be required to provide limited additional	1562
testimony of the type described in this division. At the hearing	1563
held pursuant to this division, the defendant and the prosecutor	1564
in the case may present any evidence that is relevant to the	1565
issues to be determined at the hearing, but the mentally retarded	1566
or developmentally disabled victim shall not be required to	1567
testify at the hearing.	1568

After the hearing, the court shall not require the mentally	1569
retarded or developmentally disabled victim to testify at the	1570
trial, unless it determines that both of the following apply:	1571

(a) That the testimony of the mentally retarded or	1572
developmentally disabled victim at trial is necessary for one or	1573
more of the following reasons:	1574

(i) Evidence that was not available at the time of the	1575
testimony of the mentally retarded or developmentally disabled	1576
victim at the preliminary hearing has been discovered.	1577

(ii) The circumstances surrounding the case have changed	1578
sufficiently to necessitate that the mentally retarded or	1579
developmentally disabled victim testify at the trial.	1580

(b) That the testimony of the mentally retarded or	1581
developmentally disabled victim at the trial is necessary to	1582
protect the right of the defendant to a fair trial.	1583

The court shall enter its finding and the reasons for it in	1584
the journal. If the court requires the mentally retarded or	1585
developmentally disabled victim to testify at the trial, the	1586
testimony of the victim shall be limited to the new evidence and	1587
changed circumstances, and the mentally retarded or	1588
developmentally disabled victim shall not otherwise be required to	1589
testify at the trial. The required testimony of the mentally	1590
retarded or developmentally disabled victim may be given in person	1591
or, upon motion of the prosecution, may be taken by deposition in	1592
accordance with division (B) of section 2945.482 of the Revised	1593
Code provided the deposition is admitted as evidence under	1594
division (C) of that section, may be taken outside of the	1595
courtroom and televised into the courtroom in accordance with	1596
division (D) of that section, or may be taken outside of the	1597
courtroom and recorded for showing in the courtroom in accordance	1598
with division (E) of that section.	1599

(3) If videotaped testimony of a mentally retarded or	1600
developmentally disabled victim is admitted at trial in accordance	1601
with division (B)(1) of this section, the mentally retarded or	1602
developmentally disabled victim shall not be compelled in any way	1603
to appear as a witness at the trial, except as provided in	1604
division (B)(2) of this section.	1605

(C) An order issued pursuant to division (B) of this section	1606
shall specifically identify the mentally retarded or	1607
developmentally disabled victim concerning whose testimony it	1608
pertains. The order shall apply only during the testimony of the	1609
mentally retarded or developmentally disabled victim it	1610
specifically identifies.	1611

Sec. 5120.173. Any person who is required to report suspected	1612
abuse or neglect of a child under eighteen years of age pursuant	1613
to division (A) of section 2151.421 of the Revised Code, and any	1614
person who is permitted to report or cause a report to be made of	1615
suspected abuse or neglect of a child under eighteen years of age	1616
pursuant to division (B) of that section, any person who is	1617
required to report suspected abuse or neglect of a person with	1618
mental retardation or a developmental disability pursuant to	1619
division (C) of section 5123.61 of the Revised Code, and any	1620
person who is permitted to report suspected abuse or neglect of a	1621
person with mental retardation or a developmental disability	1622
pursuant to division (F) of that section and who makes or causes	1623
the report to be made, shall direct that report to the state	1624
highway patrol if the child or the person with mental retardation	1625
or a developmental disability is an inmate in the custody of a	1626
state correctional institution. If the state highway patrol	1627
determines after receipt of the report that it is probable that	1628
abuse or neglect of the inmate occurred, the patrol shall report	1629
its findings to the department of rehabilitation and correction,	1630
to the court that sentenced the inmate for the offense for which	1631
the inmate is in the custody of the department, and to the	1632
chairman and vice-chairman of the correctional institution	1633
inspection committee established by section 103.71 of the Revised	1634
Code.	1635

Sec. 5123.032. (A) As used in this section, "developmental	1636
center" means any institution or facility of the department of	1637
mental retardation and developmental disabilities that, on the	1638
effective date of this section, is named, designated, or referred	1639
to as a developmental center.	1640

(B) Notwithstanding any other provision of law, on and after	1641
the effective date of this section, any closure of a developmental	1642
center shall be subject to, and in accordance with, this section.	1643
Notwithstanding any other provision of law, if the governor	1644
announced on or after January 1, 2003, and prior to the effective	1645
date of this section the intended closure of a developmental	1646
center and if the closure identified in the announcement has not	1647
occurred prior to the effective date of this section, the closure	1648
identified in the announcement shall be subject to the criteria	1649
set forth in this section as if the announcement had been made on	1650
or after the effective date of this amendment.	1651

(C) Notwithstanding any other provision of law, on and after	1652
the effective date of this section, prior to making any official,	1653
public announcement that the governor intends to close one or more	1654
developmental centers, the governor shall notify the general	1655
assembly in writing that the governor intends to close one or more	1656
developmental centers. The notice shall identify by name each	1657
developmental center that the governor intends to close or, if the	1658
governor has not determined any specific developmental center to	1659
close, shall state the governor's general intent to close one or	1660
more developmental centers. When the governor notifies the general	1661
assembly as required by this division, the office of budget and	1662
management promptly shall conduct an independent study of the	1663
department's developmental centers and of the department's	1664
operation of the centers, and the study shall address relevant	1665
criteria and factors, including, but not limited to, all of the	1666
following:	1667

(1) The manner in which the closure of developmental centers	1668
in general would affect the safety, health, well-being, and	1669
lifestyle of the centers' residents and their family members and	1670
would affect public safety and, if the governor's notice	1671
identifies by name one or more developmental centers that the	1672
governor intends to close, the manner in which the closure of each	1673
center so identified would affect the safety, health, well-being,	1674
and lifestyle of the center's residents and their family members	1675
and would affect public safety;	1676

(2) Whether there is a need to reduce the number of	1677
developmental centers in this state;	1678

(3) The availability of alternate facilities;

1679

(4) The cost effectiveness of the facilities identified for	1680
closure;	1681

(5) A comparison of the cost of residing at a facility	1682
identified for closure and the cost of new living arrangements;	1683

(6) The geographic factors associated with each facility and	1684
its proximity to other similar facilities;	1685

(7) The impact of collective bargaining on facility	1686
operations;	1687

(8) The utilization and maximization of resources;

1688

(9) Continuity of the staff and ability to serve the facility	1689
population;	1690

(10) Continuing costs following closure of a facility;

1691

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

1692

(12) Alternatives and opportunities for consolidation with	1693
other facilities;	1694

(13) How the closing of a facility identified for closure	1695
relates to the department's plans for the future of developmental	1696
centers in this state.	1697

(D) The office of budget and management shall complete the	1698
study required by division (C) of this section, and prepare a	1699
report that contains its findings, not later than ninety days	1700
after the governor makes the official, public announcement that	1701
the governor intends to close one or more developmental centers as	1702
described in division (C) of this section. The office shall	1703
provide a copy of the report to each member of the general	1704
assembly who requests a copy of the report.	1705

Not later than the date on which the office is required to	1706
complete the report under this division, the mental retardation	1707
and developmental disabilities developmental center closure	1708
commission is hereby created as described in division (E) of this	1709
section. The officials with the duties to appoint members of the	1710
commission, as described in division (E) of this section, shall	1711
appoint the specified members of the commission, and, as soon as	1712
possible after the appointments, the commission shall meet for the	1713
purposes described in that division. Upon completion of the report	1714
and the creation of the commission under this division, the office	1715
promptly shall provide a copy of the report to the commission and	1716
shall present the report as described in division (E) of this	1717
section.	1718

(E)(1) A mental retardation and developmental disabilities	1719
developmental center closure commission shall be created at the	1720
time and in the manner specified in division (D) of this section.	1721
The commission consists of seven members. Two members shall be	1722
members of the senate appointed by the president of the senate,	1723
none of the members so appointed may have a developmental center	1724
identified for closure by the governor in the member's district,	1725
one member so appointed shall be a member of the majority	1726
political party in the senate, and one member so appointed shall	1727
not be a member of the majority political party in the senate. Two	1728
members shall be members of the house of representatives appointed	1729
by the speaker of the house of representatives, none of the	1730
members so appointed may have a developmental center identified	1731
for closure by the governor in the member's district, one member	1732
so appointed shall be a member of the majority political party in	1733
the house of representatives, and one member so appointed shall	1734
not be a member of the majority political party in the house of	1735
representatives. Three members shall be private executives with	1736
expertise in facility utilization, with one of these members	1737
appointed by the speaker of the house of representatives, one of	1738
them appointed by the president of the senate, and one of them	1739
appointed by the governor. The officials with the duties to	1740
appoint members of the commission shall make the appointments, and	1741
the commission shall meet, within the time periods specified in	1742
division (D) of this section. The members of the commission shall	1743
serve without compensation. At the commission's first meeting, the	1744
members shall organize and appoint a chairperson and	1745
vice-chairperson.	1746

The commission shall meet as often as is necessary for the	1747
purpose of making the recommendations to the governor that are	1748
described in this division. The commission's meetings shall be	1749
open to the public, and the commission may accept public	1750
testimony. The office of budget and management shall appear before	1751
the commission and present the report the office prepared under	1752
division (D) of this section. The commission shall meet for the	1753
purpose of making recommendations to the governor, which	1754
recommendations may include all of the following:	1755

(a) Whether any developmental center should be closed;

1756

(b) If the recommendation described in division (E)(1)(a) of	1757
this section is that one or more developmental centers should be	1758
closed, which center or centers should be closed;	1759

(c) If the governor's notice described in division (C) of	1760
this section identifies by name one or more developmental centers	1761
that the governor intends to close, whether the center or centers	1762
so identified should be closed.	1763

(2) The mental retardation and developmental disabilities	1764
developmental center closure commission, not later than ninety	1765
days after it receives the report of the office of budget and	1766
management under division (D) of this section, shall prepare a	1767
report containing its recommendations to the governor. The	1768
commission shall send a copy of the report to the governor and to	1769
each member of the general assembly who requests a copy of the	1770
report. Upon receipt of the commission's report, if the governor	1771
decides to close one or more centers, the governor either shall	1772
follow the commission's recommendations or, if the recommendations	1773
differ from the governor's official, public announcement described	1774
in division (C) of this section as to the intended closure of one	1775
or more centers, shall proceed with the closure or closures	1776
identified in that official, public announcement. The governor may	1777
decide not to close any center.	1778

The governor's decision to follow the commission's	1779
recommendations, to proceed with the closure or closures	1780
identified in the official, public announcement, or to not close	1781
any center is final. Upon the governor's making of that decision,	1782
the commission shall cease to exist. Another commission shall be	1783
created under this section each time the governor subsequently	1784
makes an official, public announcement that the governor intends	1785
to close one or more developmental centers.	1786

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

1787

(1) "Applicant" means a person who is under final	1788
consideration for appointment to or employment with the department	1789
of mental retardation and developmental disabilities, including,	1790
but not limited to, a person who is being transferred to the	1791
department and an employee who is being recalled or reemployed	1792
after a layoff.	1793

(2) "Criminal records check" has the same meaning as in	1794
section 109.572 of the Revised Code.	1795

(3) "Minor drug possession offense" has the same meaning as	1796
in section 2925.01 of the Revised Code.	1797

(B) The director of mental retardation and developmental	1798
disabilities shall request the superintendent of the bureau of	1799
criminal identification and investigation to conduct a criminal	1800
records check with respect to each applicant, except that the	1801
director is not required to request a criminal records check for	1802
an employee of the department who is being considered for a	1803
different position or is returning after a leave of absence or	1804
seasonal break in employment, as long as the director has no	1805
reason to believe that the employee has committed any of the	1806
offenses listed or described in division (E) of this section.	1807

If the applicant does not present proof that the applicant	1808
has been a resident of this state for the five-year period	1809
immediately prior to the date upon which the criminal records	1810
check is requested, the director shall request that the	1811
superintendent of the bureau obtain information from the federal	1812
bureau of investigation as a part of the criminal records check	1813
for the applicant. If the applicant presents proof that the	1814
applicant has been a resident of this state for that five-year	1815
period, the director may request that the superintendent of the	1816
bureau include information from the federal bureau of	1817
investigation in the criminal records check. For purposes of this	1818
division, an applicant may provide proof of residency in this	1819
state by presenting, with a notarized statement asserting that the	1820
applicant has been a resident of this state for that five-year	1821
period, a valid driver's license, notification of registration as	1822
an elector, a copy of an officially filed federal or state tax	1823
form identifying the applicant's permanent residence, or any other	1824
document the director considers acceptable.	1825

(C) The director shall provide to each applicant a copy of	1826
the form prescribed pursuant to division (C)(1) of section 109.572	1827
of the Revised Code, provide to each applicant a standard	1828
impression sheet to obtain fingerprint impressions prescribed	1829
pursuant to division (C)(2) of section 109.572 of the Revised	1830
Code, obtain the completed form and impression sheet from each	1831
applicant, and forward the completed form and impression sheet to	1832
the superintendent of the bureau of criminal identification and	1833
investigation at the time the criminal records check is requested.	1834

Any applicant who receives pursuant to this division a copy	1835
of the form prescribed pursuant to division (C)(1) of section	1836
109.572 of the Revised Code and a copy of an impression sheet	1837
prescribed pursuant to division (C)(2) of that section and who is	1838
requested to complete the form and provide a set of fingerprint	1839
impressions shall complete the form or provide all the information	1840
necessary to complete the form and shall provide the material with	1841
the impressions of the applicant's fingerprints. If an applicant,	1842
upon request, fails to provide the information necessary to	1843
complete the form or fails to provide impressions of the	1844
applicant's fingerprints, the director shall not employ the	1845
applicant.	1846

(D) The director may request any other state or federal	1847
agency to supply the director with a written report regarding the	1848
criminal record of each applicant. With regard to an applicant who	1849
becomes a department employee, if the employee holds an	1850
occupational or professional license or other credentials, the	1851
director may request that the state or federal agency that	1852
regulates the employee's occupation or profession supply the	1853
director with a written report of any information pertaining to	1854
the employee's criminal record that the agency obtains in the	1855
course of conducting an investigation or in the process of	1856
renewing the employee's license or other credentials.	1857

(E) Except as provided in division (K)(2) of this section and	1858
in rules adopted by the director in accordance with division (M)	1859
of this section, the director shall not employ a person to fill a	1860
position with the department who has been convicted of or pleaded	1861
guilty to any of the following:	1862

(1) A violation of section 2903.01, 2903.02, 2903.03,	1863
2903.341, 2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21,	1864
2903.34, 2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04,	1865
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22,	1866
2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323,	1867
2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24,	1868
2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04,	1869
2925.05, 2925.06, or 3716.11 of the Revised Code, a violation of	1870
section 2905.04 of the Revised Code as it existed prior to July 1,	1871
1996, a violation of section 2919.23 of the Revised Code that	1872
would have been a violation of section 2905.04 of the Revised Code	1873
as it existed prior to July 1, 1996, had the violation occurred	1874
prior to that date, a violation of section 2925.11 of the Revised	1875
Code that is not a minor drug possession offense, or felonious	1876
sexual penetration in violation of former section 2907.12 of the	1877
Revised Code;	1878

(2) A felony contained in the Revised Code that is not listed	1879
in this division, if the felony bears a direct and substantial	1880
relationship to the duties and responsibilities of the position	1881
being filled;	1882

(3) Any offense contained in the Revised Code constituting a	1883
misdemeanor of the first degree on the first offense and a felony	1884
on a subsequent offense, if the offense bears a direct and	1885
substantial relationship to the position being filled and the	1886
nature of the services being provided by the department;	1887

(4) A violation of an existing or former municipal ordinance	1888
or law of this state, any other state, or the United States, if	1889
the offense is substantially equivalent to any of the offenses	1890
listed or described in division (E)(1), (2), or (3) of this	1891
section.	1892

(F) Prior to employing an applicant, the director shall	1893
require the applicant to submit a statement with the applicant's	1894
signature attesting that the applicant has not been convicted of	1895
or pleaded guilty to any of the offenses listed or described in	1896
division (E) of this section. The director also shall require the	1897
applicant to sign an agreement under which the applicant agrees to	1898
notify the director within fourteen calendar days if, while	1899
employed with the department, the applicant is ever formally	1900
charged with, convicted of, or pleads guilty to any of the	1901
offenses listed or described in division (E) of this section. The	1902
agreement shall inform the applicant that failure to report formal	1903
charges, a conviction, or a guilty plea may result in being	1904
dismissed from employment.	1905

(G) The director shall pay to the bureau of criminal	1906
identification and investigation the fee prescribed pursuant to	1907
division (C)(3) of section 109.572 of the Revised Code for each	1908
criminal records check requested and conducted pursuant to this	1909
section.	1910

(H)(1) Any report obtained pursuant to this section is not a	1911
public record for purposes of section 149.43 of the Revised Code	1912
and shall not be made available to any person, other than the	1913
applicant who is the subject of the records check or criminal	1914
records check or the applicant's representative, the department or	1915
its representative, a county board of mental retardation and	1916
developmental disabilities, and any court, hearing officer, or	1917
other necessary individual involved in a case dealing with the	1918
denial of employment to the applicant or the denial, suspension,	1919
or revocation of a certificate or evidence of registration under	1920
section 5123.082 of the Revised Code.	1921

(2) An individual for whom the director has obtained reports	1922
under this section may submit a written request to the director to	1923
have copies of the reports sent to any state agency, entity of	1924
local government, or private entity. The individual shall specify	1925
in the request the agencies or entities to which the copies are to	1926
be sent. On receiving the request, the director shall send copies	1927
of the reports to the agencies or entities specified.	1928

The director may request that a state agency, entity of local	1929
government, or private entity send copies to the director of any	1930
report regarding a records check or criminal records check that	1931
the agency or entity possesses, if the director obtains the	1932
written consent of the individual who is the subject of the	1933
report.	1934

(I) The director shall request the registrar of motor	1935
vehicles to supply the director with a certified abstract	1936
regarding the record of convictions for violations of motor	1937
vehicle laws of each applicant who will be required by the	1938
applicant's employment to transport individuals with mental	1939
retardation or a developmental disability or to operate the	1940
department's vehicles for any other purpose. For each abstract	1941
provided under this section, the director shall pay the amount	1942
specified in section 4509.05 of the Revised Code.	1943

(J) The director shall provide each applicant with a copy of	1944
any report or abstract obtained about the applicant under this	1945
section.	1946

(K)(1) The director shall inform each person, at the time of	1947
the person's initial application for employment, that the person	1948
is required to provide a set of impressions of the person's	1949
fingerprints and that a criminal records check is required to be	1950
conducted and satisfactorily completed in accordance with section	1951
109.572 of the Revised Code if the person comes under final	1952
consideration for employment as a precondition to employment in a	1953
position.	1954

(2) The director may employ an applicant pending receipt of	1955
reports requested under this section. The director shall terminate	1956
employment of any such applicant if it is determined from the	1957
reports that the applicant failed to inform the director that the	1958
applicant had been convicted of or pleaded guilty to any of the	1959
offenses listed or described in division (E) of this section.	1960

(L) The director may charge an applicant a fee for costs the	1961
director incurs in obtaining reports, abstracts, or fingerprint	1962
impressions under this section. A fee charged under this division	1963
shall not exceed the amount of the fees the director pays under	1964
divisions (G) and (I) of this section. If a fee is charged under	1965
this division, the director shall notify the applicant of the	1966
amount of the fee at the time of the applicant's initial	1967
application for employment and that, unless the fee is paid, the	1968
director will not consider the applicant for employment.	1969

(M) The director shall adopt rules in accordance with Chapter	1970
119. of the Revised Code to implement this section, including	1971
rules specifying circumstances under which the director may employ	1972
a person who has been convicted of or pleaded guilty to an offense	1973
listed or described in division (E) of this section but who meets	1974
standards in regard to rehabilitation set by the director.	1975

Sec. 5123.50.  As used in this section and sections 5123.51	1976
and, 5123.52, and 5123.541 of the Revised Code:	1977

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

1978

(1) The use of physical force that can reasonably be expected	1979
to result in physical harm or serious physical harm;	1980

(2) Sexual abuse;

1981

(3) Verbal abuse.

1982

(B) "Misappropriation" means depriving, defrauding, or	1983
otherwise obtaining the real or personal property of an individual	1984
by any means prohibited by the Revised Code, including violations	1985
of Chapter 2911. or 2913. of the Revised Code.	1986

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

1987

(1) An employee of the department of mental retardation and	1988
developmental disabilities;	1989

(2) An employee of a county board of mental retardation and	1990
developmental disabilities;	1991

(3) An "ICF/MR worker," as defined in section 5123.193 of the	1992
Revised Code;	1993

(4) An individual who is employed in a position that includes	1994
providing specialized services to an individual with mental	1995
retardation or aanother developmental disability.	1996

(D) "Neglect" means, when there is a duty to do so, failing	1997
to provide an individual with any treatment, care, goods, or	1998
services that are necessary to maintain the health and safety of	1999
the individual.	2000

(E) "Physical harm" and "serious physical harm" have the same	2001
meanings as in section 2901.01 of the Revised Code.	2002

(F) "Sexual abuse" means unlawful sexual conduct or sexual	2003
contact, as those terms are defined in section 2907.01 of the	2004
Revised Code.	2005

(G) "Specialized services" means any program or service	2006
designed and operated to serve primarily individuals with mental	2007
retardation or a developmental disability, including a program or	2008
service provided by an entity licensed or certified by the	2009
department of mental retardation and developmental disabilities. A	2010
program or service available to the general public is not a	2011
specialized service.	2012

(H) "Verbal abuse" means purposely using words to threaten,	2013
coerce, intimidate, harass, or humiliate an individual.	2014

(I) "Sexual conduct," "sexual contact," and "spouse" have the	2015
same meanings as in section 2907.01 of the Revised Code.	2016

Sec. 5123.51.  (A) In addition to any other action required	2017
by sections 5123.61 and 5126.31 of the Revised Code, the	2018
department of mental retardation and developmental disabilities	2019
shall review each report the department receives of abuse or	2020
neglect of an individual with mental retardation or a	2021
developmental disability or misappropriation of an individual's	2022
property that includes an allegation that an MR/DD employee	2023
committed or was responsible for the abuse, neglect, or	2024
misappropriation. The department shall review a report it receives	2025
from a public children services agency only after the agency	2026
completes its investigation pursuant to section 2151.421 of the	2027
Revised Code. The department shall review a report it receives	2028
from a prosecutor pursuant to section 2930.061 of the Revised Code	2029
when the person who is the subject of the report is charged.	2030

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

2031

(1) Investigate the allegation or adopt the findings of an	2032
investigation or review of the allegation conducted by another	2033
person or government entity and determine whether there is a	2034
reasonable basis for the allegation;	2035

(2) If the department determines that there is a reasonable	2036
basis for the allegation, it shall do all of the following:	2037

(a) Prepare a "reasonable basis determination report" that	2038
identifies the MR/DD employee, specifies that the reasonable basis	2039
determination has been made, and specifies that, if any criminal	2040
proceeding or collective bargaining arbitration concerning the	2041
same allegation is pending, further action on the matter will be	2042
held in abeyance pending the completion of the proceeding or	2043
arbitration;	2044

(b) Send the MR/DD employee a copy of the reasonable basis	2045
determination report and give the employee any notice required by	2046
Chapter 119. of the Revised Code of an opportunity for a hearing;	2047

(c) Subject to division (C)(2) of this section, conduct an	2048
adjudication pursuant to Chapter 119. of the Revised Code.	2049

(C)(1) The department shall appoint an independent hearing	2050
officer to conduct any hearing conducted pursuant to division	2051
(B)(2) of this section, except that, if the hearing is regarding	2052
an employee of the department who is represented by a union, the	2053
department and a representative of the union shall jointly select	2054
the hearing officer.	2055

(2) No hearing shall be conducted under division (B)(2) of	2056
this section until any criminal proceeding or collective	2057
bargaining arbitration concerning the same allegation has	2058
concluded.	2059

(3) In conducting a hearing pursuant to division (B)(2) of	2060
this section, the hearing officer shall do both of the following:	2061

(a) Determine whether there is clear and convincing evidence	2062
that the MR/DD employee has done any of the following:	2063

(i) Misappropriated the property with a value of one hundred	2064
dollars or greater of an individual with mental retardation or a	2065
developmental disability;	2066

(ii) Knowingly abused or neglected such an individual;

2067

(iii) Recklessly abused or neglected such an individual, with	2068
resulting physical harm;	2069

(iv) Negligently abused or neglected such an individual, with	2070
resulting serious physical harm;	2071

(v) Recklessly neglected such an individual, creating a	2072
substantial risk of serious physical harm;	2073

(vi) Engaged in sexual conduct or had sexual contact with an	2074
individual with mental retardation or another developmental	2075
disability who was in the MR/DD employee's care and who was not	2076
the MR/DD employee's spouse;	2077

(vii) Failed to make a report pursuant to division (C) of	2078
section 5123.61 of the Revised Code.	2079

(b) Give weight to the decision in any collective bargaining	2080
arbitration regarding the same allegation;	2081

(c) Give weight to any affirmative defense that the MR/DD	2082
employee established in any pleading or proceeding related to any	2083
criminal charge that was filed against the MR/DD employee	2084
concerning the same allegation.	2085

(D)(1) Unless the director of mental retardation and	2086
developmental disabilities determines that there are extenuating	2087
circumstances and except as provided in divisions (D)(4) and	2088
division (E) of this section, the director shall include in the	2089
registry established under section 5123.52 of the Revised Code the	2090
name of an MR/DD employee if the director finds that there is	2091
clear and convincing evidence that the employee has done one or	2092
more of the things described in division (C)(3)(a) of this	2093
section.	2094

(2) Extenuating circumstances the director must consider	2095
include the use of physical force by an MR/DD employee that was	2096
necessary as self-defense, and any affirmative defense that the	2097
MR/DD employee established in any pleading or proceeding related	2098
to any criminal charge that was filed against the MR/DD employee	2099
concerning the same allegation.	2100

(3) If the director includes an MR/DD employee in the	2101
registry established under section 5123.52 of the Revised Code,	2102
the director shall notify the employee, the person or government	2103
entity that employs or contracts with the employee, the individual	2104
with mental retardation or a developmental disability who was the	2105
subject of the report and that individual's legal guardian, if	2106
any, the attorney general, and the prosecuting attorney or other	2107
law enforcement agency. If the MR/DD employee holds a license,	2108
certificate, registration, or other authorization to engage in a	2109
profession issued pursuant to Title XLVII of the Revised Code, the	2110
director shall notify the appropriate agency, board, department,	2111
or other entity responsible for regulating the employee's	2112
professional practice.	2113

(4) The director shall not include in the registry an	2114
individual who has been found not guilty by a court or jury of an	2115
offense arising from the same facts.	2116

(E) In the case of an allegation concerning an employee of	2117
the department, after the hearing conducted pursuant to division	2118
(B)(2) of this section, the director of health or that director's	2119
designee shall review the decision of the hearing officer to	2120
determine whether the standard described in division (C)(2) of	2121
this section has been met. If the director or designee determines	2122
that the standard has been met and that no extenuating	2123
circumstances exist, the director or designee shall notify the	2124
director of mental retardation and developmental disabilities that	2125
the MR/DD employee is to be included in the registry established	2126
under section 5123.52 of the Revised Code. If the director of	2127
mental retardation and developmental disabilities receives such	2128
notification, the director shall include the MR/DD employee in the	2129
registry, unless division (D)(4) of this section applies, and	2130
shall provide the notification described in division (D)(3) of	2131
this section.	2132

(F) If the department is required by Chapter 119. of the	2133
Revised Code to give notice of an opportunity for a hearing and if	2134
the MR/DD employee subject to the notice does not timely request a	2135
hearing in accordance with section 119.07 of the Revised Code, the	2136
department is not required to hold a hearing, and the department	2137
and director shall proceed as if a hearing had been conducted.	2138

(G) A reasonable basis determination report prepared pursuant	2139
to division (B)(2) of this section is a public record open for	2140
inspection under section 149.43 of the Revised Code. A reasonable	2141
basis determination report is not part of the registry established	2142
under section 5123.52 of the Revised Code. Files and records of	2143
investigations conducted pursuant to this section are not public	2144
records as defined in section 149.43 of the Revised Code, but, on	2145
request, the department shall provide copies of those files and	2146
records to the attorney general, a prosecuting attorney, or a law	2147
enforcement agency.	2148

(H)(1) A person or government entity that fails to hire or	2149
retain as an MR/DD employee a person because the department has	2150
determined pursuant to division (B) of this section that there is	2151
a reasonable basis for an allegation against the person contained	2152
in a report described in division (A) of this section or because a	2153
reasonable basis determination report has been prepared for the	2154
person shall not be liable in a civil action based upon that	2155
failure to hire or retain brought by the employee or applicant for	2156
employment.	2157

(2) This section does not create a new cause of action	2158
against any person or government entity that hires or retains as	2159
an MR/DD employee a person about whom the department has	2160
determined pursuant to division (B) of this section that there is	2161
a reasonable basis for an allegation against the person contained	2162
in a report described in division (A) of this section or for whom	2163
a reasonable basis determination report has been prepared.	2164

Sec. 5123.541.  (A) An MR/DD employee shall not engage in any	2165
sexual conduct or have any sexual contact with an individual with	2166
mental retardation or another developmental disability who is in	2167
the MR/DD employee's care and who is not the MR/DD employee's	2168
spouse.	2169

(B) The department of mental retardation and developmental	2170
disabilities and each county board of mental retardation and	2171
developmental disabilities shall notify each MR/DD employee who is	2172
an employee of the department or board, whichever is applicable,	2173
of all changes, as of the effective date of this section, in the	2174
conduct for which an MR/DD employee may be included in the	2175
registry described in division (C) of this section. The department	2176
shall ensure that each MR/DD employee of a type described in	2177
division (C)(3) or (4) of section 5123.50 of the Revised Code who	2178
is not an employee of the department or board is given notice of	2179
the changes referred to in this division.	2180

(C) Any MR/DD employee who violates division (A) of this	2181
section shall be eligible to be included in the registry regarding	2182
misappropriation, abuse, neglect, or other specified misconduct by	2183
MR/DD employees established under section 5123.52 of the Revised	2184
Code, in addition to any other sanction or penalty authorized or	2185
required by law.	2186

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

2187

(1) "Law enforcement agency" means the state highway patrol,	2188
the police department of a municipal corporation, or a county	2189
sheriff.	2190

(2) "Abuse" has the same meaning as in section 5123.50 of the	2191
Revised Code, except that it includes a misappropriation, as	2192
defined in that section.	2193

(3) "Neglect" has the same meaning as in section 5123.50 of	2194
the Revised Code.	2195

(B) The department of mental retardation and developmental	2196
disabilities shall establish a registry office for the purpose of	2197
maintaining reports of abuse, neglect, and other major unusual	2198
incidents made to the department under this section and reports	2199
received from county boards of mental retardation and	2200
developmental disabilities under section 5126.31 of the Revised	2201
Code. The department shall establish committees to review reports	2202
of abuse, neglect, and other major unusual incidents.	2203

(C)(1) Any person listed in division (C)(2) of this section,	2204
having reason to believe that a person with mental retardation or	2205
a developmental disability has suffered or faces a substantial	2206
risk of suffering any wound, injury, disability, or condition of	2207
such a nature as to reasonably indicate abuse or neglect of that	2208
person, shall immediately report or cause reports to be made of	2209
such information to the entity specified in this division. Except	2210
as provided in section 5120.173 of the Revised Code or as	2211
otherwise provided in this division, the person making the report	2212
shall make it to a law enforcement agency or to the county board	2213
of mental retardation and developmental disabilities, except that	2214
if. If the report concerns a resident of a facility operated by	2215
the department of mental retardation and developmental	2216
disabilities the report shall be made either to a law enforcement	2217
agency or to the department. If the report concerns any act or	2218
omission of an employee of a county board of mental retardation	2219
and developmental disabilities, the report immediately shall be	2220
made to the department and to the county board.	2221

(2) All of the following persons are required to make a	2222
report under division (C)(1) of this section:	2223

(a) Any physician, including a hospital intern or resident,	2224
any dentist, podiatrist, chiropractor, practitioner of a limited	2225
branch of medicine as specified in section 4731.15 of the Revised	2226
Code, hospital administrator or employee of a hospital, nurse	2227
licensed under Chapter 4723. of the Revised Code, employee of an	2228
ambulatory health facility as defined in section 5101.61 of the	2229
Revised Code, employee of a home health agency, employee of an	2230
adult care facility licensed under Chapter 3722. of the Revised	2231
Code, or employee of a community mental health facility;	2232

(b) Any school teacher or school authority, social worker,	2233
psychologist, attorney, peace officer, coroner, clergyman, or	2234
residents' rights advocate as defined in section 3721.10 of the	2235
Revised Code;	2236

(c) A superintendent, board member, or employee of a county	2237
board of mental retardation and developmental disabilities; an	2238
administrator, board member, or employee of a residential facility	2239
licensed under section 5123.19 of the Revised Code; an	2240
administrator, board member, or employee of any other public or	2241
private provider of services to a person with mental retardation	2242
or a developmental disability, or any MR/DD employee, as defined	2243
in section 5123.50 of the Revised Code;	2244

(d) A member of a citizen's advisory council established at	2245
an institution or branch institution of the department of mental	2246
retardation and developmental disabilities under section 5123.092	2247
of the Revised Code;	2248

(e) A clergyman who is employed in a position that includes	2249
providing specialized services to an individual with mental	2250
retardation or another developmental disability, while acting in	2251
an official or professional capacity in that position, or a person	2252
who is employed in a position that includes providing specialized	2253
services to an individual with mental retardation or another	2254
developmental disability and who, while acting in an official or	2255
professional capacity, renders spiritual treatment through prayer	2256
in accordance with the tenets of an organized religion.	2257

(3)(a) The reporting requirements of this division do not	2258
apply to members of the legal rights service commission or to	2259
employees of the legal rights service.	2260

(b) An attorney or physician is not required to make a report	2261
pursuant to division (C)(1) of this section concerning any	2262
communication the attorney or physician receives from a client or	2263
patient in an attorney-client or physician-patient relationship,	2264
if, in accordance with division (A) or (B) of section 2317.02 of	2265
the Revised Code, the attorney or physician could not testify with	2266
respect to that communication in a civil or criminal proceeding,	2267
except that the client or patient is deemed to have waived any	2268
testimonial privilege under division (A) or (B) of section 2317.02	2269
of the Revised Code with respect to that communication and the	2270
attorney or physician shall make a report pursuant to division	2271
(C)(1) of this section, if both of the following apply:	2272

(i) The client or patient, at the time of the communication,	2273
is a person with mental retardation or a developmental disability.	2274

(ii) The attorney or physician knows or suspects, as a result	2275
of the communication or any observations made during that	2276
communication, that the client or patient has suffered or faces a	2277
substantial risk of suffering any wound, injury, disability, or	2278
condition of a nature that reasonably indicates abuse or neglect	2279
of the client or patient.	2280

(4) Any person who fails to make a report required under	2281
division (C) of this section and who is an MR/DD employee, as	2282
defined in section 5123.50 of the Revised Code, shall be eligible	2283
to be included in the registry regarding misappropriation, abuse,	2284
neglect, or other specified misconduct by MR/DD employees	2285
established under section 5123.52 of the Revised Code.	2286

(D) The reports required under division (C) of this section	2287
shall be made forthwith by telephone or in person and shall be	2288
followed by a written report. The reports shall contain the	2289
following:	2290

(1) The names and addresses of the person with mental	2291
retardation or a developmental disability and the person's	2292
custodian, if known;	2293

(2) The age of the person with mental retardation or a	2294
developmental disability;	2295

(3) Any other information that would assist in the	2296
investigation of the report.	2297

(E) When a physician performing services as a member of the	2298
staff of a hospital or similar institution has reason to believe	2299
that a person with mental retardation or a developmental	2300
disability has suffered injury, abuse, or physical neglect, the	2301
physician shall notify the person in charge of the institution or	2302
that person's designated delegate, who shall make the necessary	2303
reports.	2304

(F) Any person having reasonable cause to believe that a	2305
person with mental retardation or a developmental disability has	2306
suffered or faces a substantial risk of suffering abuse or neglect	2307
may report the belief, or cause a report to be made,of that	2308
belief to the entity specified in this division. Except as	2309
provided in section 5120.173 of the Revised Code or as otherwise	2310
provided in this division, the person making the report shall make	2311
it to a law enforcement agency or the county board of mental	2312
retardation and developmental disabilities, or, if. If the person	2313
is a resident of a facility operated by the department of mental	2314
retardation and developmental disabilities, the report shall be	2315
made to a law enforcement agency or to the department. If the	2316
report concerns any act or omission of an employee of a county	2317
board of mental retardation and developmental disabilities, the	2318
report immediately shall be made to the department and to the	2319
county board.	2320

(G)(1) Upon the receipt of a report concerning the possible	2321
abuse or neglect of a person with mental retardation or a	2322
developmental disability, the law enforcement agency shall inform	2323
the county board of mental retardation and developmental	2324
disabilities or, if the person is a resident of a facility	2325
operated by the department of mental retardation and developmental	2326
disabilities, the director of the department or the director's	2327
designee.	2328

(2) On receipt of a report under this section that includes	2329
an allegation of action or inaction that may constitute a crime	2330
under federal law or the law of this state, the department of	2331
mental retardation and developmental disabilities shall notify the	2332
law enforcement agency.	2333

(3) When a county board of mental retardation and	2334
developmental disabilities receives a report under this section	2335
that includes an allegation of action or inaction that may	2336
constitute a crime under federal law or the law of this state, the	2337
superintendent of the board or an individual the superintendent	2338
designates under division (H) of this section shall notify the law	2339
enforcement agency. The superintendent or individual shall notify	2340
the department of mental retardation and developmental	2341
disabilities when it receives any report under this section.	2342

(4) When a county board of mental retardation and	2343
developmental disabilities receives a report under this section	2344
and believes that the degree of risk to the person is such that	2345
the report is an emergency, the superintendent of the board or an	2346
employee of the board the superintendent designates shall attempt	2347
a face-to-face contact with the person with mental retardation or	2348
a developmental disability who allegedly is the victim within one	2349
hour of the board's receipt of the report.	2350

(H) The superintendent of the board may designate an	2351
individual to be responsible for notifying the law enforcement	2352
agency and the department when the county board receives a report	2353
under this section.	2354

(I) An adult with mental retardation or a developmental	2355
disability about whom a report is made may be removed from the	2356
adult's place of residence only by law enforcement officers who	2357
consider that the adult's immediate removal is essential to	2358
protect the adult from further injury or abuse or in accordance	2359
with the order of a court made pursuant to section 5126.33 of the	2360
Revised Code.	2361

(J) A law enforcement agency shall investigate each report of	2362
abuse or neglect it receives under this section. In addition, the	2363
department, in cooperation with law enforcement officials, shall	2364
investigate each report regarding a resident of a facility	2365
operated by the department to determine the circumstances	2366
surrounding the injury, the cause of the injury, and the person	2367
responsible. The investigation shall be in accordance with the	2368
memorandum of understanding prepared under section 5126.058 of the	2369
Revised Code. The department shall determine, with the registry	2370
office which shall be maintained by the department, whether prior	2371
reports have been made concerning andan adult with mental	2372
retardation or a developmental disability or other principals in	2373
the case. If the department finds that the report involves action	2374
or inaction that may constitute a crime under federal law or the	2375
law of this state, it shall submit a report of its investigation,	2376
in writing, to the law enforcement agency. If the person with	2377
mental retardation or a developmental disability is an adult, with	2378
the consent of the adult, the department shall provide such	2379
protective services as are necessary to protect the adult. The law	2380
enforcement agency shall make a written report of its findings to	2381
the department.	2382

If the person is an adult and is not a resident of a facility	2383
operated by the department, the county board of mental retardation	2384
and developmental disabilities shall review the report of abuse or	2385
neglect in accordance with sections 5126.30 to 5126.33 of the	2386
Revised Code and the law enforcement agency shall make the written	2387
report of its findings to the county board.	2388

(K) Any person or any hospital, institution, school, health	2389
department, or agency participating in the making of reports	2390
pursuant to this section, any person participating as a witness in	2391
an administrative or judicial proceeding resulting from the	2392
reports, or any person or governmental entity that discharges	2393
responsibilities under sections 5126.31 to 5126.33 of the Revised	2394
Code shall be immune from any civil or criminal liability that	2395
might otherwise be incurred or imposed as a result of such actions	2396
except liability for perjury, unless the person or governmental	2397
entity has acted in bad faith or with malicious purpose.	2398

(L) No employer or any person with the authority to do so	2399
shall discharge, demote, transfer, prepare a negative work	2400
performance evaluation, reduce pay or benefits, terminate work	2401
privileges, or take any other action detrimental to an employee or	2402
retaliate against an employee as a result of the employee's having	2403
made a report under this section. This division does not preclude	2404
an employer or person with authority from taking action with	2405
regard to an employee who has made a report under this section if	2406
there is another reasonable basis for the action.	2407

(M) Reports made under this section are not public records as	2408
defined in section 149.43 of the Revised Code. Information	2409
contained in the reports on request shall be made available to the	2410
person who is the subject of the report, to the person's legal	2411
counsel, and to agencies authorized to receive information in the	2412
report by the department or by a county board of mental	2413
retardation and developmental disabilities.	2414

(N) Notwithstanding section 4731.22 of the Revised Code, the	2415
physician-patient privilege shall not be a ground for excluding	2416
evidence regarding the injuries or physical neglect of a person	2417
with mental retardation or a developmental disability or the cause	2418
thereof in any judicial proceeding resulting from a report	2419
submitted pursuant to this section.	2420

Sec. 5123.99.  (A) Whoever violates section 5123.20 of the	2421
Revised Code is guilty of a misdemeanor of the first degree.	2422

(B) Whoever violates division (C), (E), or (G)(3) of section	2423
5123.61 of the Revised Code shall be fined not more than five	2424
hundred dollarsis guilty of a misdemeanor of the fourth degree	2425
or, if the abuse or neglect constitutes a felony, a misdemeanor of	2426
the second degree. In addition to any other sanction or penalty	2427
authorized or required by law, if a person who is convicted of or	2428
pleads guilty to a violation of division (C), (E), or (G)(3) of	2429
section 5123.61 of the Revised Code is an MR/DD employee, as	2430
defined in section 5123.50 of the Revised Code, the offender shall	2431
be eligible to be included in the registry regarding	2432
misappropriation, abuse, neglect, or other specified misconduct by	2433
MR/DD employees established under section 5123.52 of the Revised	2434
Code.	2435

(C) Whoever violates division (A) of section 5123.604 of the	2436
Revised Code is guilty of a misdemeanor of the second degree.	2437

(D) Whoever violates division (B) of section 5123.604 of the	2438
Revised Code shall be fined not more than one thousand dollars.	2439
Each violation constitutes a separate offense.	2440

Sec. 5126.058. (A) Each county board of mental retardation	2441
and developmental disabilities shall prepare a memorandum of	2442
understanding that is developed by all of the following and that	2443
is signed by the persons identified in divisions (A)(3) to (8) of	2444
this section:	2445

(1) If there is only one probate judge in the county, the	2446
probate judge of the county or the probate judge's representative;	2447

(2) If there is more than one probate judge in the county, a	2448
probate judge or the probate judge's representative selected by	2449
the probate judges or, if they are unable to do so for any reason,	2450
the probate judge who is senior in point of service or the senior	2451
probate judge's representative;	2452

(3) The county peace officer;

2453

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

2454

(5) Other law enforcement officers handling abuse, neglect,	2455
and exploitation of mentally retarded and developmentally disabled	2456
persons in the county;	2457

(6) The prosecuting attorney of the county;

2458

(7) The public children services agency;

2459

(8) The coroner of the county.

2460

(B) A memorandum of understanding shall set forth the normal	2461
operating procedure to be employed by all concerned officials in	2462
the execution of their respective responsibilities under this	2463
section and sections 313.12, 2151.421, 2903.16, 5126.31, and	2464
5126.33 of the Revised Code and shall have as its primary goal the	2465
elimination of all unnecessary interviews of persons who are the	2466
subject of reports made pursuant to this section. A failure to	2467
follow the procedure set forth in the memorandum by the concerned	2468
officials is not grounds for, and shall not result in, the	2469
dismissal of any charge or complaint arising from any reported	2470
case of abuse, neglect, or exploitation or the suppression of any	2471
evidence obtained as a result of any reported abuse, neglect, or	2472
exploitation and does not give any rights or grounds for appeal or	2473
post-conviction relief to any person.	2474

(C) A memorandum of understanding shall include, but is not	2475
limited to, all of the following:	2476

(1) The roles and responsibilities for handling emergency and	2477
nonemergency cases of abuse, neglect, or exploitation;	2478

(2) The roles and responsibilities for handling and	2479
coordinating investigations of reported cases of abuse, neglect,	2480
or exploitation and methods to be used in interviewing the person	2481
who is the subject of the report and who allegedly was abused,	2482
neglected, or exploited;	2483

(3) The roles and responsibilities for addressing the	2484
categories of persons who may interview the person who is the	2485
subject of the report and who allegedly was abused, neglected, or	2486
exploited;	2487

(4) The roles and responsibilities for providing victim	2488
services to mentally retarded and developmentally disabled persons	2489
pursuant to Chapter 2930. of the Revised Code;	2490

(5) The roles and responsibilities for the filing of criminal	2491
charges against persons alleged to have abused, neglected, or	2492
exploited mentally retarded or developmentally disabled persons.	2493

(D) A memorandum of understanding may be signed by victim	2494
advocates, municipal court judges, municipal prosecutors, and any	2495
other person whose participation furthers the goals of a	2496
memorandum of understanding, as set forth in this section.	2497

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

2498

(1) "Applicant" means a person who is under final	2499
consideration for appointment or employment in a position with a	2500
county board of mental retardation and developmental disabilities,	2501
including, but not limited to, a person who is being transferred	2502
to the county board and an employee who is being recalled or	2503
reemployed after a layoff.	2504

(2) "Criminal records check" has the same meaning as in	2505
section 109.572 of the Revised Code.	2506

(3) "Minor drug possession offense" has the same meaning as	2507
in section 2925.01 of the Revised Code.	2508

(B) The superintendent of a county board of mental	2509
retardation and developmental disabilities shall request the	2510
superintendent of the bureau of criminal identification and	2511
investigation to conduct a criminal records check with respect to	2512
any applicant who has applied to the board for employment in any	2513
position, except that a county board superintendent is not	2514
required to request a criminal records check for an employee of	2515
the board who is being considered for a different position or is	2516
returning after a leave of absence or seasonal break in	2517
employment, as long as the superintendent has no reason to believe	2518
that the employee has committed any of the offenses listed or	2519
described in division (E) of this section.	2520

If the applicant does not present proof that the applicant	2521
has been a resident of this state for the five-year period	2522
immediately prior to the date upon which the criminal records	2523
check is requested, the county board superintendent shall request	2524
that the superintendent of the bureau obtain information from the	2525
federal bureau of investigation as a part of the criminal records	2526
check for the applicant. If the applicant presents proof that the	2527
applicant has been a resident of this state for that five-year	2528
period, the county board superintendent may request that the	2529
superintendent of the bureau include information from the federal	2530
bureau of investigation in the criminal records check. For	2531
purposes of this division, an applicant may provide proof of	2532
residency in this state by presenting, with a notarized statement	2533
asserting that the applicant has been a resident of this state for	2534
that five-year period, a valid driver's license, notification of	2535
registration as an elector, a copy of an officially filed federal	2536
or state tax form identifying the applicant's permanent residence,	2537
or any other document the superintendent considers acceptable.	2538

(C) The county board superintendent shall provide to each	2539
applicant a copy of the form prescribed pursuant to division	2540
(C)(1) of section 109.572 of the Revised Code, provide to each	2541
applicant a standard impression sheet to obtain fingerprint	2542
impressions prescribed pursuant to division (C)(2) of section	2543
109.572 of the Revised Code, obtain the completed form and	2544
impression sheet from each applicant, and forward the completed	2545
form and impression sheet to the superintendent of the bureau of	2546
criminal identification and investigation at the time the criminal	2547
records check is requested.	2548

Any applicant who receives pursuant to this division a copy	2549
of the form prescribed pursuant to division (C)(1) of section	2550
109.572 of the Revised Code and a copy of an impression sheet	2551
prescribed pursuant to division (C)(2) of that section and who is	2552
requested to complete the form and provide a set of fingerprint	2553
impressions shall complete the form or provide all the information	2554
necessary to complete the form and shall provide the impression	2555
sheet with the impressions of the applicant's fingerprints. If an	2556
applicant, upon request, fails to provide the information	2557
necessary to complete the form or fails to provide impressions of	2558
the applicant's fingerprints, the county board superintendent	2559
shall not employ that applicant.	2560

(D) A county board superintendent may request any other state	2561
or federal agency to supply the board with a written report	2562
regarding the criminal record of each applicant. With regard to an	2563
applicant who becomes a board employee, if the employee holds an	2564
occupational or professional license or other credentials, the	2565
superintendent may request that the state or federal agency that	2566
regulates the employee's occupation or profession supply the board	2567
with a written report of any information pertaining to the	2568
employee's criminal record that the agency obtains in the course	2569
of conducting an investigation or in the process of renewing the	2570
employee's license or other credentials.	2571

(E) Except as provided in division (K)(2) of this section and	2572
in rules adopted by the department of mental retardation and	2573
developmental disabilities in accordance with division (M) of this	2574
section, no county board of mental retardation and developmental	2575
disabilities shall employ a person to fill a position with the	2576
board who has been convicted of or pleaded guilty to any of the	2577
following:	2578

(1) A violation of section 2903.01, 2903.02, 2903.03,	2579
2903.341, 2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21,	2580
2903.34, 2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04,	2581
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22,	2582
2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323,	2583
2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24,	2584
2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04,	2585
2925.05, 2925.06, or 3716.11 of the Revised Code, a violation of	2586
section 2905.04 of the Revised Code as it existed prior to July 1,	2587
1996, a violation of section 2919.23 of the Revised Code that	2588
would have been a violation of section 2905.04 of the Revised Code	2589
as it existed prior to July 1, 1996, had the violation occurred	2590
prior to that date, a violation of section 2925.11 of the Revised	2591
Code that is not a minor drug possession offense, or felonious	2592
sexual penetration in violation of former section 2907.12 of the	2593
Revised Code;	2594

(2) A felony contained in the Revised Code that is not listed	2595
in this division, if the felony bears a direct and substantial	2596
relationship to the duties and responsibilities of the position	2597
being filled;	2598

(3) Any offense contained in the Revised Code constituting a	2599
misdemeanor of the first degree on the first offense and a felony	2600
on a subsequent offense, if the offense bears a direct and	2601
substantial relationship to the position being filled and the	2602
nature of the services being provided by the county board;	2603

(4) A violation of an existing or former municipal ordinance	2604
or law of this state, any other state, or the United States, if	2605
the offense is substantially equivalent to any of the offenses	2606
listed or described in division (E)(1), (2), or (3) of this	2607
section.	2608

(F) Prior to employing an applicant, the county board	2609
superintendent shall require the applicant to submit a statement	2610
with the applicant's signature attesting that the applicant has	2611
not been convicted of or pleaded guilty to any of the offenses	2612
listed or described in division (E) of this section. The	2613
superintendent also shall require the applicant to sign an	2614
agreement under which the applicant agrees to notify the	2615
superintendent within fourteen calendar days if, while employed by	2616
the board, the applicant is ever formally charged with, convicted	2617
of, or pleads guilty to any of the offenses listed or described in	2618
division (E) of this section. The agreement shall inform the	2619
applicant that failure to report formal charges, a conviction, or	2620
a guilty plea may result in being dismissed from employment.	2621

(G) A county board of mental retardation and developmental	2622
disabilities shall pay to the bureau of criminal identification	2623
and investigation the fee prescribed pursuant to division (C)(3)	2624
of section 109.572 of the Revised Code for each criminal records	2625
check requested and conducted pursuant to this section.	2626

(H)(1) Any report obtained pursuant to this section is not a	2627
public record for purposes of section 149.43 of the Revised Code	2628
and shall not be made available to any person, other than the	2629
applicant who is the subject of the records check or criminal	2630
records check or the applicant's representative, the board	2631
requesting the records check or criminal records check or its	2632
representative, the department of mental retardation and	2633
developmental disabilities, and any court, hearing officer, or	2634
other necessary individual involved in a case dealing with the	2635
denial of employment to the applicant or the denial, suspension,	2636
or revocation of a certificate or evidence of registration under	2637
section 5126.25 of the Revised Code.	2638

(2) An individual for whom a county board superintendent has	2639
obtained reports under this section may submit a written request	2640
to the county board to have copies of the reports sent to any	2641
state agency, entity of local government, or private entity. The	2642
individual shall specify in the request the agencies or entities	2643
to which the copies are to be sent. On receiving the request, the	2644
county board shall send copies of the reports to the agencies or	2645
entities specified.	2646

A county board may request that a state agency, entity of	2647
local government, or private entity send copies to the board of	2648
any report regarding a records check or criminal records check	2649
that the agency or entity possesses, if the county board obtains	2650
the written consent of the individual who is the subject of the	2651
report.	2652

(I) Each county board superintendent shall request the	2653
registrar of motor vehicles to supply the superintendent with a	2654
certified abstract regarding the record of convictions for	2655
violations of motor vehicle laws of each applicant who will be	2656
required by the applicant's employment to transport individuals	2657
with mental retardation or developmental disabilities or to	2658
operate the board's vehicles for any other purpose. For each	2659
abstract provided under this section, the board shall pay the	2660
amount specified in section 4509.05 of the Revised Code.	2661

(J) The county board superintendent shall provide each	2662
applicant with a copy of any report or abstract obtained about the	2663
applicant under this section. At the request of the director of	2664
mental retardation and developmental disabilities, the	2665
superintendent also shall provide the director with a copy of a	2666
report or abstract obtained under this section.	2667

(K)(1) The county board superintendent shall inform each	2668
person, at the time of the person's initial application for	2669
employment, that the person is required to provide a set of	2670
impressions of the person's fingerprints and that a criminal	2671
records check is required to be conducted and satisfactorily	2672
completed in accordance with section 109.572 of the Revised Code	2673
if the person comes under final consideration for appointment or	2674
employment as a precondition to employment in a position.	2675

(2) A board may employ an applicant pending receipt of	2676
reports requested under this section. The board shall terminate	2677
employment of any such applicant if it is determined from the	2678
reports that the applicant failed to inform the county board that	2679
the applicant had been convicted of or pleaded guilty to any of	2680
the offenses listed or described in division (E) of this section.	2681

(L) The board may charge an applicant a fee for costs it	2682
incurs in obtaining reports, abstracts, or fingerprint impressions	2683
under this section. A fee charged under this division shall not	2684
exceed the amount of the fees the board pays under divisions (G)	2685
and (I) of this section. If a fee is charged under this division,	2686
the board shall notify the applicant of the amount of the fee at	2687
the time of the applicant's initial application for employment and	2688
that, unless the fee is paid, the board will not consider the	2689
applicant for employment.	2690

(M) The department of mental retardation and developmental	2691
disabilities shall adopt rules pursuant to Chapter 119. of the	2692
Revised Code to implement this section and section 5126.281 of the	2693
Revised Code, including rules specifying circumstances under which	2694
a county board or contracting entity may hire a person who has	2695
been convicted of or pleaded guilty to an offense listed or	2696
described in division (E) of this section but who meets standards	2697
in regard to rehabilitation set by the department. The rules may	2698
not authorize a county board or contracting entity to hire an	2699
individual who is included in the registry established under	2700
section 5123.52 of the Revised Code.	2701

Sec. 5126.30.  As used in sections 5126.30 to 5126.34 of the	2702
Revised Code:	2703

(A) "Adult" means a person eighteen years of age or older	2704
with mental retardation or a developmental disability.	2705

(B) "Caretaker" means a person who is responsible for the	2706
care of an adult by order of a court, including an order of	2707
guardianship, or who assumes the responsibility for the care of an	2708
adult as a volunteer, as a family member, by contract, or by the	2709
acceptance of payment for care.	2710

(C) "Abuse" has the same meaning as in section 5123.50 of the	2711
Revised Code, except that it includes a misappropriation, as	2712
defined in that section.	2713

(D) "Neglect" has the same meaning as in section 5123.50 of	2714
the Revised Code.	2715

(E) "Exploitation" means the unlawful or improper act of a	2716
caretaker using an adult or an adult's resources for monetary or	2717
personal benefit, profit, or gain, including misappropriation, as	2718
defined in section 5123.50 of the Revised Code, of an adult's	2719
resources.	2720

(F) "Working day" means Monday, Tuesday, Wednesday, Thursday,	2721
or Friday, except when that day is a holiday as defined in section	2722
1.14 of the Revised Code.	2723

(F)(G) "Incapacitated" means lacking understanding or	2724
capacity, with or without the assistance of a caretaker, to make	2725
and carry out decisions regarding food, clothing, shelter, health	2726
care, or other necessities, but does not include mere refusal to	2727
consent to the provision of services.	2728

(H) "Emergency protective services" means protective services	2729
furnished to a person with mental retardation or a developmental	2730
disability to prevent immediate physical harm.	2731

(I) "Protective services" means services provided by the	2732
county board of mental retardation and developmental disabilities	2733
to an adult with mental retardation or a developmental disability	2734
for the prevention, correction, or discontinuance of an act of as	2735
well as conditions resulting from abuse, neglect, or exploitation.	2736

(J) "Protective service plan" means an individualized plan	2737
developed by the county board of mental retardation and	2738
developmental disabilities to prevent the further abuse, neglect,	2739
or exploitation of an adult with mental retardation or a	2740
developmental disability.	2741

(K) "Substantial risk" has the same meaning as in section	2742
2901.01 of the Revised Code.	2743

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

2744

(1) An adult who is the subject of a probate proceeding under	2745
sections 5126.30 to 5126.33 of the Revised Code;	2746

(2) A caretaker, unless otherwise ordered by the probate	2747
court;	2748

(3) Any other person designated as a party by the probate	2749
court including but not limited to, the adult's spouse, custodian,	2750
guardian, parent, or person with probable cause to believe that	2751
the adult has been abused, neglected, or exploited if the board	2752
has failed to act to prevent that abuse, neglect, or exploitation	2753
within seventy-two hours of receipt of reasonable notice.	2754

(M) "Board" has the same meaning as in section 5126.02 of the	2755
Revised Code.	2756

Sec. 5126.33.  (A) A county board of mental retardation and	2757
developmental disabilities may file a complaint with the probate	2758
court of the county in which an adult with mental retardation or a	2759
developmental disability resides for an order authorizing the	2760
board to arrange services described in division (C) of section	2761
5126.31 of the Revised Code for that adult if the board has been	2762
unable to secure consent. The complaint shall include:	2763

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

2764

(2) Facts describing the nature of the abuse or, neglect, or	2765
exploitation and supporting the board's belief that services are	2766
needed;	2767

(3) The types of services proposed by the board, as set forth	2768
in the individualized service plan prepared pursuant to section	2769
5126.31 of the Revised Code and filed with the complaint;	2770

(4) Facts showing the board's attempts to obtain the consent	2771
of the adult or the adult's guardian to the services.	2772

(B) The board shall give the adult notice of the filing of	2773
the complaint and in simple and clear language shall inform the	2774
adult of the adult's rights in the hearing under division (C) of	2775
this section and explain the consequences of a court order. This	2776
notice shall be personally served upon the adult and also shall be	2777
given to the adult's caretaker, the adult's legal counsel, if any,	2778
and the legal rights service. The notice shall be given at least	2779
twenty-four hours prior to the hearing, although the court may	2780
waive this requirement upon a showing that there is a substantial	2781
risk that the adult will suffer immediate physical harm in the	2782
twenty-four hour period and that the board has made reasonable	2783
attempts to give the notice required by this division.	2784

(C) Upon the filing of a complaint for an order under this	2785
section, the court shall hold a hearing at least twenty-four hours	2786
and no later than seventy-two hours after the notice under	2787
division (B) of this section has been given unless the court has	2788
waived the notice. The adult shall have the right to be present at	2789
the hearing, present evidence, and examine and cross-examine	2790
witnesses. The adult shall be represented by counsel unless the	2791
court finds that the adult has made a voluntary, informed, and	2792
knowing waiver of the right to counsel. If the adult is indigent,	2793
the court shall appoint counsel to represent the adult. The board	2794
shall be represented by the county prosecutor or an attorney	2795
designated by the board.	2796

(D)(1) The court shall issue an order authorizing the board	2797
to arrange the protective services if it finds, on the basis of	2798
clear and convincing evidence, all of the following:	2799

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

2800

(b) The adult is incapacitated;

2801

(c) There is a substantial risk to the adult of immediate	2802
physical harm or death;	2803

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

2804

(e) No person authorized by law or court order to give	2805
consent for the adult is available or willing to consent to the	2806
services.	2807

(2) The board shall develop a detailed protective service	2808
plan describing the services that the board will provide, or	2809
arrange for the provision of, to the adult to prevent further	2810
abuse, neglect, or exploitation. The board shall submit the plan	2811
to the court for approval. The protective service plan may be	2812
changed only by court order.	2813

(3) In formulating the order, the court shall consider the	2814
individual protective service plan and shall specifically	2815
designate the services that are necessary to deal with the abuse	2816
or, neglect, or exploitation or condition resulting from abuse or,	2817
neglect, or exploitation and that are available locally, and	2818
authorize the board to arrange for these services only. The court	2819
shall limit the provision of these services to a period not	2820
exceeding fourteen dayssix months, renewable for an additional	2821
fourteen-daysix-month period on a showing by the board that	2822
continuation of the order is necessary.	2823

(E) If the court finds that all other options for meeting the	2824
adult's needs have been exhausted, it may order that the adult be	2825
removed from the adult's place of residence and placed in another	2826
residential setting. Before issuing that order, the court shall	2827
consider the adult's choice of residence and shall determine that	2828
the new residential setting is the least restrictive alternative	2829
available for meeting the adult's needs and is a place where the	2830
adult can obtain the necessary requirements for daily living in	2831
safety. The court shall not order an adult to a hospital or public	2832
hospital as defined in section 5122.01 or a state institution as	2833
defined in section 5123.01 of the Revised Code.	2834

(F) The court shall not authorize a change in an adult's	2835
placement ordered under division (E) of this section unless it	2836
finds compelling reasons to justify a change. The parties to whom	2837
notice was given in division (B) of this section shall be given	2838
notice of a proposed change at least five working days prior to	2839
the change.	2840

(G) The adult, the board, or any other person who received	2841
notice of the petition may file a motion for modification of the	2842
court order at any time.	2843

(H) The county board shall pay court costs incurred in	2844
proceedings brought pursuant to this section. The adult shall not	2845
be required to pay for court-ordered services.	2846

(I)(1) Upon the receipt of a notice from a county board of	2847
mental retardation and developmental disabilities, an authorized	2848
employee of such a board, or any other person that the board,	2849
employee, or person believes an emergency order is needed as	2850
described in this division, a probate judge or probate court	2851
magistrate may grant by telephone an ex parte emergency order	2852
authorizing the county board of mental retardation and	2853
developmental disabilities to provide emergency protective	2854
services to an adult or to remove the adult from the adult's place	2855
of residence or legal settlement or the place where the abuse,	2856
neglect, or exploitation occurred, if there is reasonable cause to	2857
believe that the adult is mentally retarded or developmentally	2858
disabled or is incapacitated, and there is a substantial risk to	2859
the adult of immediate physical harm or death.	2860

(2) If an ex parte emergency order is issued under division	2861
(I)(1) of this section for an adult, the court shall hold a	2862
hearing not later than twenty-four hours after the issuance of the	2863
order, or seventy-two hours on weekends and holidays, to determine	2864
whether there is probable cause for the order. At the hearing, the	2865
court shall consider the adult's choice of residence and determine	2866
if protective services are the least restrictive alternative	2867
available for meeting the adult's needs. The court may issue	2868
temporary orders to protect the adult from immediate physical	2869
harm, including, but not limited to, temporary protection orders,	2870
evaluations, and orders requiring a party to vacate the adult's	2871
place of residence or legal settlement. The court may order	2872
emergency protective services. An emergency ex parte order issued	2873
under division (I)(1) of this section is effective for thirty	2874
days. The court may renew the emergency order for an additional	2875
thirty-day period. The board shall prepare and maintain a	2876
protective services plan for the adult to whom the board is	2877
providing protective services, and shall file the plan with the	2878
court. The protective services plan may be changed by court order.	2879

(J) If a judge or magistrate pursuant to division (I) of this	2880
section issues an ex parte emergency order to remove the adult	2881
from the adult's place of residence or legal settlement or the	2882
place where the abuse, neglect, or exploitation occurred, the	2883
court shall hold a hearing to determine whether there is probable	2884
cause for the emergency order. The hearing shall be held before	2885
the end of the next business day after the day on which the	2886
emergency order is issued, except that it shall not be held later	2887
than seventy-two hours after the emergency order is issued.	2888

(K)(1) After the filing of a complaint for an order under	2889
this section, the court, prior to the final disposition, may enter	2890
any temporary order that the court finds necessary to protect the	2891
adult with mental retardation or a developmental disability from	2892
abuse, neglect, or exploitation including, but not limited to, the	2893
following:	2894

(a) A temporary protection order;

2895

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

2896

(c) An order requiring a party to vacate the adult's place of	2897
residence or legal settlement, provided that, subject to division	2898
(K)(1)(d) of this section, no operator of a residential facility	2899
licensed by the department may be removed under this division;	2900

(d) In the circumstances described in, and in accordance with	2901
the procedures set forth in, section 5123.191 of the Revised Code,	2902
an order of the type described in that section that appoints a	2903
receiver to take possession of and operate a residential facility	2904
licensed by the department.	2905

(2) The court may grant an ex parte order pursuant to this	2906
division upon its own motion or if a party files a written motion	2907
or makes an oral motion requesting the issuance of the order and	2908
stating the reasons for it if it appears to the court that the	2909
best interest and the welfare of the adult require that the court	2910
issue the order immediately. The court, if acting on its own	2911
motion, or the person requesting the granting of an ex parte	2912
order, to the extent possible, shall give notice of its intent or	2913
of the request to the adult, the adult's caretaker, the adult's	2914
legal counsel, if any, and the legal rights service. If the court	2915
issues an ex parte order, the court shall hold a hearing to review	2916
the order within seventy-two hours after it is issued or before	2917
the end of the next day after the day on which it is issued,	2918
whichever occurs first. The court shall give written notice of the	2919
hearing to all parties to the action.	2920

Section 2. That existing sections 109.572, 313.12, 2108.50,	2921
2151.421, 2311.14, 2930.03, 5120.173, 5123.081, 5123.50, 5123.51,	2922
5123.61, 5123.99, 5126.28, 5126.30, and 5126.33 of the Revised	2923
Code are hereby repealed.	2924

Section 3. The Department of Mental Retardation and	2925
Developmental Disabilities shall adopt rules pursuant to Chapter	2926
119. of the Revised Code that provide standards for the	2927
substantiation by the Department and by county boards of mental	2928
retardation of reports of abuse or neglect filed under section	2929
5123.61 of the Revised Code.	2930

Section 4. That the version of section 5123.50 of the Revised	2931
Code that is scheduled to take effect on December 31, 2003, be	2932
amended to read as follows:	2933

Sec. 5123.50.  As used in this section and sections 5123.51	2934
and, 5123.52, and 5123.541 of the Revised Code:	2935

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

2936

(1) The use of physical force that can reasonably be expected	2937
to result in physical harm or serious physical harm;	2938

(2) Sexual abuse;

2939

(3) Verbal abuse.

2940

(B) "Misappropriation" means depriving, defrauding, or	2941
otherwise obtaining the real or personal property of an individual	2942
by any means prohibited by the Revised Code, including violations	2943
of Chapter 2911. or 2913. of the Revised Code.	2944

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

2945

(1) An employee of the department of mental retardation and	2946
developmental disabilities;	2947

(2) An employee of a county board of mental retardation and	2948
developmental disabilities;	2949

(3) An employee in a position that includes providing	2950
specialized services to an individual with mental retardation or a	2951
another developmental disability.	2952

(D) "Neglect" means, when there is a duty to do so, failing	2953
to provide an individual with any treatment, care, goods, or	2954
services that are necessary to maintain the health and safety of	2955
the individual.	2956

(E) "Physical harm" and "serious physical harm" have the same	2957
meanings as in section 2901.01 of the Revised Code.	2958

(F) "Sexual abuse" means unlawful sexual conduct or sexual	2959
contact, as those terms are defined in section 2907.01 of the	2960
Revised Code.	2961

(G) "Specialized services" means any program or service	2962
designed and operated to serve primarily individuals with mental	2963
retardation or a developmental disability, including a program or	2964
service provided by an entity licensed or certified by the	2965
department of mental retardation and developmental disabilities. A	2966
program or service available to the general public is not a	2967
specialized service.	2968

(H) "Verbal abuse" means purposely using words to threaten,	2969
coerce, intimidate, harass, or humiliate an individual.	2970

(I) "Sexual conduct," "sexual contact," and "spouse" have the	2971
same meanings as in section 2907.01 of the Revised Code.	2972

Section 5. That the existing version of section 5123.50 of	2973
the Revised Code that is scheduled to take effect on December 31,	2974
2003, is hereby repealed.	2975

Section 6. Sections 3 and 4 of this act shall take effect	2976
January 31, 2003.	2977

Section 7. Section 109.572 of the Revised Code is presented	2978
in this act as a composite of the section as amended by both Sub.	2979
H.B. 448 and Sub. H.B. 538 of the 123rd General Assembly. Section	2980
2151.421 of the Revised Code is presented in this act as a	2981
composite of the section as amended by Am. Sub. H.B. 374, Sub.	2982
H.B. 510, and Am. Sub. S.B. 221 all of the 124th General Assembly.	2983
Section 5126.28 of the Revised Code is presented in this act as a	2984
composite of the section as amended by both Sub. H.B. 538 and Sub.	2985
S.B. 171 of the 123rd General Assembly. The General Assembly,	2986
applying the principle stated in division (B) of section 1.52 of	2987
the Revised Code that amendments are to be harmonized if	2988
reasonably capable of simultaneous operation, finds that the	2989
composites are the resulting versions of the sections in effect	2990
prior to the effective date of the sections as presented in this	2991
act.	2992