Effective Date: March 17, 2003.
Most current prior effective date: March 2, 1998.
(A) "Abuse" means the
infliction upon an adult by himself 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
him from providing for his 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. Except as otherwise provided in this
division, "independent living arrangement" includes a community
alternative home licensed pursuant to section 3724.03 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. "Independent living arrangement" does include
adult care facilities licensed pursuant to Chapter 3722. of the Revised Code.
(C) "Caretaker" means a
person assuming 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 adult resides.
(E) "Designated Agency"
means an agency which is designated through a contract/written agreement with
the county department of job and family services (CDJFS) to perform the
department's duties of investigating reports of suspected abuse, neglect, or
exploitation; evaluating the need for, and to the extent of available funds,
providing or arranging for the provision of protective services.
(F) "Emergency" means that
the adult is living in conditions which present a substantial risk of immediate
and irreparable physical harm or death to himself or any other person.
(G) "Emergency Services"
means protective services furnished to an adult in an emergency.
(H) "Emotional Abuse" means
to threaten, humiliate, intimidate, or psychologically harm an adult. Also, the
violation of an adult right to make decisions and loss of privacy.
(I) "Exploitation" means the
unlawful or improper act of a caretaker using an adult or his resources for
monetary or personal benefit, profit or gain.
(J) "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.
(K) "Incapacitated person"
means a person who is impaired for any reason to the extent that he lacks
sufficient understanding or capacity to make and carry out reasonable decisions
concerning his person 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.
(L) "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.
(M) "Neglect" means failure
of an adult to provide for himself the goods or services necessary to avoid
physical harm, mental aguish, or mental illness or the failure of a caretaker to
provide such goods or services.
(N) "Nonvalidated Report
(unsubstantiated)" means no evidence to verify or substantiate the
allegation of abuse/self neglect/neglect/exploitation.
(O) "Physical Abuse" means
intentional use of physical force that results in bodily injury, pain or
impairment.
(P) "Physical harm" means
bodily pain, injury, impairment or disease suffered by an adult.
(Q) "Protective Services"
means services provided by the CDJFS 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.
(R) "Report" means a verbal
or written statement received by the CDJFS from any person who has reason to
believe that an adult has suffered or is suffering abuse, neglect or
exploitation.
(S) "Sexual Abuse" means
nonconsensual sexual contact of any kind with an adult.
(T) "Validated
(substantiated)" means confirming evidence that substantiates or verifies
the allegation of abuse/self neglect/neglect/exploitation.
(U) "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.
Replaces: 5101:2-20-01
Effective: 03/17/2003
R.C. 119.032 review dates: 03/17/2008
Certification: CERTIFIED ELECTRONICALLY
Date: 01/06/2003
Promulgated Under: 111.15
Statutory Authority: 5101.71
Rule Amplifies: 5101.60, 5101.71
Prior Effective Dates: 10/12/89 (Emer.), 12/30/89, 3/2/98.