Text of Statute

(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 [5123.09.2] 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, 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, 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.

HISTORY: RC § 5123.98, 135 v S 336 (Eff 7-1-75); 137 v H 219 (Eff 11-1-77); RC § 5123.61 , 138 v H 900 (Eff 7-1-80); 141 v H 66 (Eff 3-6-86); 142 v H 403 (Eff 3-16-89); 143 v H 569 (Eff 7-1-91); 145 v S 21 (Eff 10-29-93); 146 v H 670 (Eff 12-2-96); 147 v H 606. Eff 3-9-99.

Not analogous to former RC § 5123.61 (GC § 1890-110; 117 v 581; 119 v 638; 121 v 442; Bureau of Code Revision, 10-1-53; 125 v 870), repealed 129 v 1448(1483), § 2, eff 10-25-61.