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H. B. No. 382 As IntroducedAs Introduced
|129th General Assembly|
Representatives Antonio, Fedor, Okey, Ashford, Yuko, Clyde, Driehaus, O'Brien
To amend section 5101.60 of the Revised Code to
provide that "exploitation" under the adult
protective services law includes action by any
person, rather than only by a caretaker.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 5101.60 of the Revised Code be
amended to read as follows:
Sec. 5101.60. As used in sections 5101.60 to 5101.71 of the
(A) "Abuse" means the infliction upon an adult by self or
others of injury, unreasonable confinement, intimidation, or cruel
punishment with resulting physical harm, pain, or mental anguish.
(B) "Adult" means any person sixty years of age or older
within this state who is handicapped by the infirmities of aging
or who has a physical or mental impairment which prevents the
person from providing for the person's own care or protection, and
who resides in an independent living arrangement. An "independent
living arrangement" is a domicile of a person's own choosing,
including, but not limited to, a private home, apartment, trailer,
or rooming house. An "independent living arrangement" includes an
adult care facility licensed pursuant to Chapter 3722. of the
Revised Code, but does not include other institutions or
facilities licensed by the state or facilities in which a person
resides as a result of voluntary, civil, or criminal commitment.
(C) "Caretaker" means the person assuming the responsibility
for the care of an adult on a voluntary basis, by contract,
through receipt of payment for care, as a result of a family
relationship, or by order of a court of competent jurisdiction.
(D) "Court" means the probate court in the county where an
(E) "Emergency" means that the adult is living in conditions
which present a substantial risk of immediate and irreparable
physical harm or death to self or any other person.
(F) "Emergency services" means protective services furnished
to an adult in an emergency.
(G) "Exploitation" means the unlawful or improper act of
caretaker using an adult or an adult's resources for monetary or
personal benefit, profit, or gain, whether the act is committed by
a caretaker or any other person.
(H) "In need of protective services" means an adult known or
suspected to be suffering from abuse, neglect, or exploitation to
an extent that either life is endangered or physical harm, mental
anguish, or mental illness results or is likely to result.
(I) "Incapacitated person" means a person who is impaired for
any reason to the extent that the person lacks sufficient
understanding or capacity to make and carry out reasonable
decisions concerning the person's self or resources, with or
without the assistance of a caretaker. Refusal to consent to the
provision of services shall not be the sole determinative that the
person is incapacitated. "Reasonable decisions" are decisions made
in daily living which facilitate the provision of food, shelter,
clothing, and health care necessary for life support.
(J) "Mental illness" means a substantial disorder of thought,
mood, perception, orientation, or memory that grossly impairs
judgment, behavior, capacity to recognize reality, or ability to
meet the ordinary demands of life.
(K) "Neglect" means the failure of an adult to provide for
self the goods or services necessary to avoid physical harm,
mental anguish, or mental illness or the failure of a caretaker to
provide such goods or services.
(L) "Peace officer" means a peace officer as defined in
section 2935.01 of the Revised Code.
(M) "Physical harm" means bodily pain, injury, impairment, or
disease suffered by an adult.
(N) "Protective services" means services provided by the
county department of job and family services or its designated
agency to an adult who has been determined by evaluation to
require such services for the prevention, correction, or
discontinuance of an act of as well as conditions resulting from
abuse, neglect, or exploitation. Protective services may include,
but are not limited to, case work services, medical care, mental
health services, legal services, fiscal management, home health
care, homemaker services, housing-related services, guardianship
services, and placement services as well as the provision of such
commodities as food, clothing, and shelter.
(O) "Working day" means Monday, Tuesday, Wednesday, Thursday,
and Friday, except when such day is a holiday as defined in
section 1.14 of the Revised Code.
Section 2. That existing section 5101.60 of the Revised Code
is hereby repealed.