To amend sections 2151.421, 5123.61, 5126.30, and 5126.31 and to enact sections 5123.50 to 5123.53 of the Revised Code to establish a registry of persons found by the Department of Mental Retardation and Developmental Disabilities to have abused or neglected an individual with mental retardation or a developmental disability, to require the Department to investigate reports of abuse and neglect involving children with mental retardation or a developmental disability, and to limit the types of abuse and neglect reports that are referred to law enforcement agencies.

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

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

(b) Division (A)(1)(a) of this section applies to any person who is an attorney; physician, including a hospital intern or resident; dentist; podiatrist; practitioner of a limited branch of medicine as specified in section 4731.15 of the Revised Code; registered nurse; licensed practical nurse; visiting nurse; other health care professional; licensed psychologist; licensed school psychologist; speech pathologist or audiologist; coroner; administrator or employee of a child day-care center; administrator or employee of a residential camp or child day camp; administrator or employee of a certified child care agency or other public or private children services agency; school teacher; school employee; school authority; person engaged in social work or the practice of professional counseling; or a person rendering spiritual treatment through prayer in accordance with the tenets of a well-recognized religion.

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

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

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

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

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

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

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

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

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

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

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

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

(3) ON RECEIPT OF A REPORT UNDER THIS DIVISION OR DIVISION (A) OR (B) OF THIS SECTION THAT INVOLVES A CHILD WITH MENTAL RETARDATION OR A DEVELOPMENTAL DISABILITY AND INCLUDES AN ALLEGATION OF ABUSE OR NEGLECT BY AN MR/DD EMPLOYEE, AS DEFINED IN SECTION 5123.50 of the Revised Code, THE PUBLIC CHILDREN SERVICES AGENCY SHALL, IN ADDITION TO COMPLYING WITH DIVISION (D)(2) OF THIS SECTION, IMMEDIATELY NOTIFY THE DEPARTMENT OF MENTAL RETARDATION AND DEVELOPMENTAL DISABILITIES OF THE REPORT.

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

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

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

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

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

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

(H)(1) Except as provided in divisions (D)(3), (H)(4), (M), and (N) of this section, a report made under this section is confidential. The information provided in a report made pursuant to this section and the name of the person who made the report shall not be released for use, and shall not be used, as evidence in any civil action or proceeding brought against the person who made the report. In a criminal proceeding, the report is admissible in evidence in accordance with the Rules of Evidence and is subject to discovery in accordance with the Rules of Criminal Procedure.

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

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

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

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

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

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

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

(c) The county peace officer;

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

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

(f) The prosecuting attorney of the county;

(g) If the public children services agency is not the county department of human services, the county department of human services.

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

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

(a) The roles and responsibilities for handling emergency and non-emergency cases of abuse and neglect;

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

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

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

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

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

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

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

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

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

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

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

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

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

(M) No later than the end of the day following the day on which a public children services agency receives a report of alleged child abuse or child neglect, or a report of an alleged threat of child abuse or child neglect, that allegedly occurred in or involved an out-of-home care entity, the agency shall provide written notice of the allegations contained in and the person named as the alleged perpetrator in the report to the administrator, director, or other chief administrative officer of the out-of-home care entity that is the subject of the report unless the administrator, director, or other chief administrative officer is named as an alleged perpetrator in the report. If the administrator, director, or other chief administrative officer of an out-of-home care entity is named as an alleged perpetrator in a report of alleged child abuse or child neglect, or a report of an alleged threat of child abuse or child neglect, that allegedly occurred in or involved the out-of-home care entity, the agency shall provide the written notice to the owner or governing board of the out-of-home care entity that is the subject of the report. The agency shall not provide witness statements or police or other investigative reports.

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

Sec. 5123.50. AS USED IN THIS SECTION AND SECTIONS 5123.51 AND 5123.52 OF THE REVISED CODE:

(A) "ABUSE" MEANS ALL OF THE FOLLOWING:

(1) KNOWINGLY CAUSING PHYSICAL HARM OR RECKLESSLY CAUSING SERIOUS PHYSICAL HARM;

(2) AN ACT THAT WOULD CONSTITUTE ONE OF THE OFFENSES DESCRIBED IN SECTIONS 2907.02, 2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2913.02, AND 2913.04 OF THE REVISED CODE;

(3) AN ACT THAT COULD RESULT IN A FINDING THAT A CHILD IS AN "ABUSED CHILD," AS DEFINED IN SECTION 2151.031 OF THE REVISED CODE.

(B) "LICENSED HEALTH PROFESSIONAL" AND "MISAPPROPRIATION" HAVE THE SAME MEANINGS AS IN SECTION 3721.21 OF THE REVISED CODE.

(C) "NEGLECT" MEANS ALL OF THE FOLLOWING:

(1) KNOWINGLY FAILING TO PROVIDE AN INDIVIDUAL WITH ANY TREATMENT, CARE, GOODS, OR SERVICES THAT ARE NECESSARY TO MAINTAIN THE HEALTH AND SAFETY OF THE INDIVIDUAL WHEN THE FAILURE RESULTS IN PHYSICAL HARM;

(2) RECKLESSLY FAILING TO PROVIDE AN INDIVIDUAL ANY TREATMENT, CARE, GOODS, OR SERVICES WHEN THE FAILURE RESULTS IN SERIOUS PHYSICAL HARM;

(3) AN ACT THAT COULD RESULT IN A FINDING THAT A CHILD IS A "NEGLECTED CHILD," AS DEFINED IN SECTION 2151.03 OF THE REVISED CODE.

(D) "MR/DD EMPLOYEE" MEANS ALL OF THE FOLLOWING:

(1) AN EMPLOYEE OF THE DEPARTMENT OF MENTAL RETARDATION AND DEVELOPMENTAL DISABILITIES;

(2) A "COUNTY BOARD WORKER" AS DEFINED IN SECTION 5126.35 OF THE REVISED CODE;

(3) AN "ICF/MR WORKER," AS DEFINED IN SECTION 5123.193 OF THE REVISED CODE;

(4) ANY OTHER INDIVIDUAL WHO OPERATES PROGRAMS OR PROVIDES SERVICES TO INDIVIDUALS WITH MENTAL RETARDATION OR DEVELOPMENTAL DISABILITIES.

(E) "PHYSICAL HARM" AND "SERIOUS PHYSICAL HARM" HAVE THE SAME MEANINGS AS IN SECTION 2901.01 OF THE REVISED CODE.

(F) "PROVIDER" MEANS ANY PERSON OR GOVERNMENT ENTITY THAT OPERATES A PROGRAM OR PROVIDES A SERVICE TO INDIVIDUALS WITH MENTAL RETARDATION OR DEVELOPMENTAL DISABILITIES AND EMPLOYS OR CONTRACTS WITH MR/DD EMPLOYEES.

Sec. 5123.51. (A) IN ADDITION TO ANY OTHER ACTION REQUIRED BY SECTIONS 5123.61 AND 5126.31 OF THE REVISED CODE, THE DEPARTMENT OF MENTAL RETARDATION AND DEVELOPMENTAL DISABILITIES SHALL REVIEW EACH REPORT RECEIVED BY THE DEPARTMENT OF ABUSE OR NEGLECT OF AN INDIVIDUAL WITH MENTAL RETARDATION OR A DEVELOPMENTAL DISABILITY OR MISAPPROPRIATION OF AN INDIVIDUAL'S PROPERTY THAT INCLUDES AN ALLEGATION THAT AN MR/DD EMPLOYEE COMMITTED OR WAS RESPONSIBLE FOR THE ABUSE, NEGLECT, OR MISAPPROPRIATION.

(B) THE DEPARTMENT SHALL MAKE FINDINGS REGARDING EACH ALLEGATION DESCRIBED IN DIVISION (A) OF THIS SECTION AFTER DOING BOTH OF THE FOLLOWING:

(1) INVESTIGATING THE ALLEGATION AND DETERMINING WHETHER THERE IS A REASONABLE BASIS FOR IT OR ADOPTING THE FINDINGS OF AN INVESTIGATION CONDUCTED BY A COUNTY BOARD OF MENTAL RETARDATION AND DEVELOPMENTAL DISABILITIES;

(2) GIVING NOTICE TO THE MR/DD EMPLOYEE NAMED IN THE ALLEGATION AND AFFORDING THE EMPLOYEE A REASONABLE OPPORTUNITY FOR A HEARING.

(C) NOTICE TO THE MR/DD EMPLOYEE NAMED IN AN ALLEGATION SHALL BE GIVEN AND THE HEARING SHALL BE CONDUCTED PURSUANT TO RULES ADOPTED BY THE DIRECTOR OF MENTAL RETARDATION AND DEVELOPMENTAL DISABILITIES UNDER SECTION 5123.53 OF THE REVISED CODE.

FOR PURPOSES OF CONDUCTING A HEARING UNDER THIS SECTION, THE DEPARTMENT MAY ISSUE SUBPOENAS COMPELLING ATTENDANCE OF WITNESSES OR PRODUCTION OF DOCUMENTS. THE SUBPOENAS SHALL BE SERVED IN THE SAME MANNER AS SUBPOENAS AND SUBPOENAS DUCES TECUM ISSUED FOR A TRIAL OF A CIVIL ACTION IN A COURT OF COMMON PLEAS. IF A PERSON WHO IS SERVED A SUBPOENA FAILS TO ATTEND A HEARING OR TO PRODUCE DOCUMENTS, OR REFUSES TO BE SWORN OR TO ANSWER ANY QUESTIONS, THE DEPARTMENT MAY APPLY TO THE COMMON PLEAS COURT OF THE COUNTY IN WHICH THE PERSON RESIDES, OR THE COUNTY IN WHICH THE MR/DD EMPLOYEE IS OPERATING PROGRAMS OR PROVIDING SERVICES TO INDIVIDUALS WITH MENTAL RETARDATION OR DEVELOPMENTAL DISABILITIES, FOR A CONTEMPT ORDER, AS IN THE CASE OF A FAILURE OF A PERSON WHO IS SERVED A SUBPOENA ISSUED BY THE COURT TO ATTEND OR TO PRODUCE DOCUMENTS OR A REFUSAL OF SUCH PERSON TO TESTIFY.

(D)(1) IF THE DEPARTMENT FINDS THAT AN MR/DD EMPLOYEE HAS ABUSED OR NEGLECTED AN INDIVIDUAL WITH MENTAL RETARDATION OR A DEVELOPMENTAL DISABILITY OR MISAPPROPRIATED THE INDIVIDUAL'S PROPERTY, THE DEPARTMENT SHALL NOTIFY THE EMPLOYEE, THE PROVIDER WHO EMPLOYS OR CONTRACTS WITH THE MR/DD EMPLOYEE, AND THE ATTORNEY GENERAL, COUNTY PROSECUTOR, OR OTHER APPROPRIATE LAW ENFORCEMENT AGENCY. THE DEPARTMENT SHALL, IN ACCORDANCE WITH SECTION 5123.52 OF THE REVISED CODE, INCLUDE IN THE REGISTRY ESTABLISHED UNDER THAT SECTION A STATEMENT DETAILING THE FINDINGS PERTAINING TO THE INDIVIDUAL. IF THE MR/DD EMPLOYEE IS A LICENSED HEALTH PROFESSIONAL, THE DEPARTMENT SHALL NOTIFY THE APPROPRIATE AGENCY, BOARD, DEPARTMENT, OR OTHER ENTITY RESPONSIBLE FOR REGULATING THE EMPLOYEE'S PROFESSIONAL PRACTICE.

(2) AN MR/DD EMPLOYEE ABOUT WHOM A STATEMENT IS REQUIRED BY THIS DIVISION TO BE INCLUDED IN THE REGISTRY MAY PROVIDE THE DEPARTMENT WITH A STATEMENT DISPUTING THE DEPARTMENT'S FINDINGS AND EXPLAINING THE CIRCUMSTANCES OF THE ALLEGATION. THE STATEMENT SHALL BE INCLUDED IN THE REGISTRY WITH THE DEPARTMENT'S FINDINGS.

(E)(1) IF IT FINDS THAT AN ALLEGATION CANNOT BE SUBSTANTIATED, THE DEPARTMENT SHALL NOTIFY THE MR/DD EMPLOYEE AND EXPUNGE ALL FILES AND RECORDS OF THE INVESTIGATION AND THE HEARING BY DOING ALL OF THE FOLLOWING:

(a) REMOVING AND DESTROYING THE FILES AND RECORDS, ORIGINALS AND COPIES, AND DELETING ALL INDEX REFERENCES;

(b) REPORTING TO THE MR/DD EMPLOYEE THE NATURE AND EXTENT OF ANY INFORMATION ABOUT THE EMPLOYEE TRANSMITTED TO ANY OTHER PERSON OR GOVERNMENT ENTITY BY THE DEPARTMENT;

(c) OTHERWISE ENSURING THAT ANY EXAMINATION OF FILES AND RECORDS IN QUESTION SHOW NO RECORD WHATEVER WITH RESPECT TO THE EMPLOYEE.

(2) WHEN FILES AND RECORDS HAVE BEEN EXPUNGED UNDER DIVISION (E)(1) OF THIS SECTION, ALL RIGHTS AND PRIVILEGES ARE RESTORED, AND THE MR/DD EMPLOYEE, THE DEPARTMENT, AND ANY PERSON OR GOVERNMENT ENTITY MAY PROPERLY REPLY TO AN INQUIRY THAT NO SUCH RECORD EXISTS AS TO THE MATTER EXPUNGED.

Sec. 5123.52. (A) THE DEPARTMENT OF MENTAL RETARDATION AND DEVELOPMENTAL DISABILITIES SHALL ESTABLISH A REGISTRY OF MR/DD EMPLOYEES FOUND BY THE DEPARTMENT TO HAVE ENGAGED IN ABUSE OR NEGLECT OF AN INDIVIDUAL WITH MENTAL RETARDATION OR A DEVELOPMENTAL DISABILITY OR MISAPPROPRIATION OF THE INDIVIDUAL'S PROPERTY.

(B) THE REGISTRY SHALL INCLUDE BOTH OF THE FOLLOWING:

(1) THE STATEMENT DESCRIBED IN DIVISION (D)(1) OF SECTION 5123.51 OF THE REVISED CODE DETAILING FINDINGS BY THE DEPARTMENT UNDER THAT SECTION REGARDING ALLEGED ABUSE OR NEGLECT OF AN INDIVIDUAL WITH MENTAL RETARDATION OR A DEVELOPMENTAL DISABILITY OR MISAPPROPRIATION OF THE INDIVIDUAL'S PROPERTY;

(2) ANY STATEMENT PROVIDED BY THE MR/DD EMPLOYEE UNDER DIVISION (D)(2) OF SECTION 5123.51 OF THE REVISED CODE.

(C) WHENEVER AN INQUIRY IS RECEIVED AS TO THE INFORMATION CONTAINED IN THE REGISTRY CONCERNING AN MR/DD EMPLOYEE ABOUT WHOM A STATEMENT DESCRIBED IN DIVISION (D)(1) OF SECTION 5123.51 OF THE REVISED CODE IS INCLUDED IN THE REGISTRY, THE DEPARTMENT SHALL DISCLOSE THE STATEMENT OR A SUMMARY OF THE STATEMENT AND ANY STATEMENT OR SUMMARY OF THE STATEMENT DESCRIBED IN DIVISION (D)(2) OF THAT SECTION. IF THERE IS NO STATEMENT REGARDING THE MR/DD EMPLOYEE IN THE REGISTRY, THE DEPARTMENT SHALL INFORM THE PERSON MAKING THE INQUIRY THAT THERE IS NO STATEMENT.

(D) NO PROVIDER SHALL USE AN INDIVIDUAL AS AN MR/DD EMPLOYEE FOR MORE THAN FOUR MONTHS UNLESS THE PROVIDER HAS RECEIVED FROM THE REGISTRY THE INFORMATION CONCERNING THE INDIVIDUAL THAT IS CONTAINED IN THE REGISTRY. NEITHER THE DEPARTMENT NOR ANY COUNTY BOARD OF MENTAL RETARDATION AND DEVELOPMENTAL DISABILITIES MAY ENTER INTO A NEW CONTRACT OR RENEW A CONTRACT WITH A PROVIDER WHO FAILS TO COMPLY WITH THIS DIVISION UNTIL THE DEPARTMENT OR BOARD IS SATISFIED THAT THE PROVIDER WILL COMPLY.

(E) INFORMATION CONTAINED IN THE REGISTRY IS A PUBLIC RECORD FOR THE PURPOSES OF SECTION 149.43 OF THE REVISED CODE AND IS SUBJECT TO INSPECTION AND COPYING UNDER SECTION 1347.08 OF THE REVISED CODE.

Sec. 5123.53. THE DIRECTOR OF MENTAL RETARDATION AND DEVELOPMENTAL DISABILITIES SHALL ADOPT RULES UNDER CHAPTER 119. OF THE REVISED CODE TO IMPLEMENT SECTIONS 5123.51 AND 5123.52 OF THE REVISED CODE, INCLUDING RULES PRESCRIBING REQUIREMENTS FOR THE NOTICE AND HEARING REQUIRED UNDER SECTION 5123.51 OF THE REVISED CODE. THE NOTICE AND HEARING REQUIRED UNDER THAT SECTION ARE NOT SUBJECT TO CHAPTER 119. OF THE REVISED CODE; HOWEVER, THE RULES MAY PROVIDE FOR THE NOTICE TO BE PROVIDED AND THE HEARING TO BE CONDUCTED IN ACCORDANCE WITH THAT CHAPTER.

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

(1) "Mentally retarded or developmentally disabled adult" means a person who is eighteen years of age or older and is a mentally retarded or developmentally disabled person.

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

(B) The department of mental retardation and developmental disabilities shall establish a registry office for the purpose of maintaining reports of abuse and neglect made to the department under this section and reports received from county boards of mental retardation and developmental disabilities under section 5126.31 of the Revised Code.

(C)(1) Any person listed in division (C)(2) of this section, having reason to believe that a mentally retarded or developmentally disabled adult has suffered any wound, injury, disability, or condition of such a nature as to reasonably indicate abuse or neglect of that adult, shall immediately report or cause reports to be made of such information to a law enforcement agency or to the county board of mental retardation and developmental disabilities, except that if the report concerns a resident of a facility operated by the department of mental retardation and developmental disabilities the report shall be made either to a law enforcement agency or to the department.

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

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

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

(c) A superintendent, board member, or employee of a county board of mental retardation and developmental disabilities; an administrator, board member, or employee of a residential facility licensed under section 5123.19 of the Revised Code; or an administrator, board member, or employee of any other public or private provider of services to a mentally retarded or developmentally disabled adult;

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

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

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

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

(1) The names and addresses of the mentally retarded or developmentally disabled adult and the adult's custodian, if known;

(2) The mentally retarded or developmentally disabled adult's age and the nature and extent of the adult's injuries or physical neglect, including any evidence of previous injuries or physical neglect;

(3) Any other information which might be helpful in establishing the cause of the injury, abuse, or physical neglect.

(E) When a physician performing services as a member of the staff of a hospital or similar institution has reason to believe that a mentally retarded or developmentally disabled adult has suffered injury, abuse, or physical neglect, the physician shall notify the person in charge of the institution or that person's designated delegate, who shall make the necessary reports.

(F) Any person having reasonable cause to believe that a mentally retarded or developmentally disabled adult has suffered abuse or neglect may report the belief, or cause a report to be made, to a law enforcement agency or the county board of mental retardation and developmental disabilities, or, if the adult is a resident of a facility operated by the department of mental retardation and developmental disabilities, to a law enforcement agency or to the department.

(G)(1) Upon the receipt of a report concerning the possible nonaccidental infliction of a physical injury upon a mentally retarded or developmentally disabled adult, the law enforcement agency shall inform the county board of mental retardation and developmental disabilities or, if the adult is a resident of a facility operated by the department of mental retardation and developmental disabilities, the director of the department or the director's designee.

(2) On receipt of a report under this section THAT INCLUDES AN ALLEGATION OF ABUSE OR NEGLECT, AS DESCRIBED IN DIVISION (A)(1) OR (2) OR (C)(1) OR (2) OF SECTION 5123.50 of the Revised Code, the department of mental retardation and developmental disabilities shall notify the law enforcement agency.

(3) When a county board of mental retardation and developmental disabilities receives a report under this section THAT INCLUDES AN ALLEGATION OF ABUSE OR NEGLECT, AS DESCRIBED IN DIVISION (A)(1) OR (2) OR (C)(1) OR (2) OF SECTION 5123.50 of the Revised Code, the superintendent of the board or an individual the superintendent designates under division (H) of this section shall notify the law enforcement agency and the department of mental retardation and developmental disabilities.

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

(I) A mentally retarded or developmentally disabled adult about whom a report is made may be removed from the adult's place of residence only by law enforcement officers who consider that the adult's immediate removal is essential to protect the adult from further injury or abuse or in accordance with the order of a court made pursuant to section 5126.33 of the Revised Code.

(J) A law enforcement agency shall investigate each report of abuse or neglect made under this section. In addition, the department, in cooperation with law enforcement officials, shall investigate each report regarding a resident of a facility operated by the department to determine the circumstances surrounding the injury, the cause of the injury, and the person responsible. The department shall determine, with the registry office which shall be maintained by the department, whether prior reports have been made concerning the mentally retarded or developmentally disabled adult or other principals in the case. The department shall submit a report of its investigation, in writing, to the law enforcement agency, and with the consent of the adult, shall provide such protective services as are necessary to protect the adult. The law enforcement agency shall make a written report of its findings to the department.

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

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

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

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

(N) Notwithstanding section 4731.22 of the Revised Code, the physician-patient privilege shall not be a ground for excluding evidence regarding a mentally retarded or developmentally disabled adult's injuries or physical neglect or the cause thereof in any judicial proceeding resulting from a report submitted pursuant to this section.

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

(A) "Mentally retarded or developmentally disabled adult" and "adult" mean a person eighteen years of age or older who is developmentally disabled or mentally retarded.

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

(C) "Abuse" means any of the following:

(1) An act, or a failure to act, that results or could result in emotional or physical injury to an adult, unless the act is done in self-defense or by accident;

(2) An act that constitutes "sexual activity" as defined in section 2907.01 HAS THE SAME MEANING AS IN SECTION 5123.50 of the Revised Code and would constitute an offense under Chapter 2907., EXCEPT THAT IT INCLUDES A MISAPPROPRIATION, AS DEFINED IN SECTION 3721.21 of the Revised Code;

(3) Insulting or coarse language or gestures directed toward an adult that subject him to humiliation or degradation;

(4) An act that deprives an adult of real or personal property by fraudulent or illegal means.

(D) "Neglect" means the failure of an adult or a caretaker to provide goods and services necessary for the adult to avoid physical harm HAS THE SAME MEANING AS IN SECTION 5123.50 OF THE REVISED CODE.

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

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

Sec. 5126.31. (A) A county board of mental retardation and developmental disabilities shall review reports of abuse and neglect made under section 5123.61 of the Revised Code and reports referred to it under section 5101.611 of the Revised Code to determine whether the person who is the subject of the report is a mentally retarded or developmentally disabled adult in need of services to deal with the abuse or neglect. The board shall give notice of each report to the registry office of the department of mental retardation and developmental disabilities established pursuant to section 5123.61 of the Revised Code on the first working day after receipt of the report. If the report alleges that there is a substantial risk to the adult of immediate physical harm or death, the board shall initiate review within twenty-four hours of its receipt of the report. If the board determines that the person is sixty years of age or older but is not mentally retarded or developmentally disabled, it shall refer the case to the county department of human services. If the board determines that the person is a mentally retarded or developmentally disabled adult, it shall continue its review of the case.

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

(1) Give both written and oral notice of the purpose of the review to the adult and, if any, to his THE ADULT'S legal counsel or caretaker, in simple and clear language;

(2) Visit the adult, in his THE ADULT'S residence if possible, and explain the notice given under division (B)(1) of this section;

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

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

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

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

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

To arrange services, the board shall:

(1) Develop an individual INDIVIDUALIZED service plan identifying the types of services required for the adult, the goals for the services, and the persons or agencies that will provide them;

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

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

(E) On completion of a review, the board shall submit a written report to the law enforcement agency responsible for investigating the report and to the registry office ESTABLISHED UNDER SECTION 5123.61 of the Revised Code. IF THE REPORT INCLUDES A FINDING THAT A MENTALLY RETARDED OR DEVELOPMENTALLY DISABLED ADULT IS A VICTIM OF ABUSE OR NEGLECT, AS DESCRIBED IN DIVISION (A)(1) OR (2) OR (C)(1) OR (2) OF SECTION 5123.50 of the Revised Code, THE BOARD SHALL SUBMIT THE REPORT TO THE LAW ENFORCEMENT AGENCY RESPONSIBLE FOR INVESTIGATING THE REPORT. Reports prepared under this section are not public records as defined in section 149.43 of the Revised Code.

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