ADULT ABUSE

As defined under Ohio law, an “Adult” is any person sixty (60) years of age or older who resided within this State and who is handicapped by the infirmities of aging or who has a physical or mental impairment which prevents him from providing for his own care or protection, and who resides in an independent living arrangement. An independent living arrangement includes but is not limited to the following: private homes, apartments, efficiencies, trailers or Boarding houses. ORC § 5101.60 (B)

Any attorney, health care practitioner, chiropractor, dentist, psychologist, employee of a hospital, nurse, employee of an adult care facility, etc…upon reasonable cause to believe that an adult has suffered abuse, neglect or exploitation, must report his or her belief to the local County Department of Human Services. Employees of any hospital, private or public, are exempt from this requirement. ORC § 5101.61 (A)

The report may be written or oral, except that oral reports shall be followed by a written report if requested by the Department of Human Services. All reports remain confidential. ORC § 5101.61 (C), (F)

Any person with reasonable cause to believe that an adult is suffering abuse, neglect or exploitation who makes a report or provides testimony in any administrative or judicial proceeding is immune from civil or criminal liability, except liability for perjury, or if the report was made in bad faith or with malicious purpose. ORC § 5101.61 (D)

No one who owns, operates or administers, or who is an agent or employee of a health care facility shall do any of the following:

• Commit gross abuse against a resident or patient of the facility; “gross abuse” is an aggravated felony of the second degree;
• Commit abuse against a resident or patient of the facility; “patient abuse” is a felony of the fourth degree, but if a prior conviction exists, then it is a felony of the third degree;
• Commit gross neglect against a resident or patient of the facility; “gross neglect” is a misdemeanor of the first degree, but if a prior conviction exists, then it is a felony of the fourth degree; or
• Commit neglect against a resident or patient of the facility; “patient neglect” is a misdemeanor of the second degree, but if a prior conviction exists, then it is a felony of the fourth degree. ORC § 2903.34 (A), (C), (F)

Individuals who are charged with gross neglect or patient neglect may as an affirmative defense assert that the neglect was committed in good faith and solely because he or she was ordered to commit the act of neglect by a person with supervisory authority.

If a health care practitioner has 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 reasonable indicate abuse or neglect of the adult, he or she shall immediately report such information to a law enforcement agency or to the County Board of Mental Retardation & Developmental Disabilities. ORC § 5123.61 (B)

If the health care practitioner is a member of the staff of a health care facility, he or she must notify a person of responsible authority. Thereafter, it is the duty of the supervising authority to make the necessary reports. Individuals may file a report by telephone or in person, but in all cases the report must be reduced to writing. ORC § 5123.61 (C), (D), (F)

Anyone participating in the making of the report is immune from any civil or criminal liability that might otherwise be incurred or imposed as a result of such actions. The physician/patient privilege is not a grounds 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 the submission of a report. ORC § 5123.61 (K)

Violation of the foregoing laws may result in a fine of no greater than five hundred dollars ($500.00). ORC § 5123.99

ADULT ABUSE