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(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.
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(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. 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.
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(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.
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(D)
"Court" means the probate court in the county where an adult
resides.
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(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.
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(F)
"Emergency services" means protective services furnished to an
adult in an emergency.
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(G)
"Exploitation" means the unlawful or improper act of a
caretaker using an adult or an adult's resources for monetary or
personal benefit, profit, or gain.
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(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.
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(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.
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(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.
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(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.
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(L) "Peace
officer" means a peace officer as defined in section
2935.01 of the Revised Code.
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(M)
"Physical harm" means bodily pain, injury, impairment, or
disease suffered by an adult.
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(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.
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(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.
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HISTORY: 139
v H 694 (Eff 11-15-81); 141 v H 428 (Eff 12-23-86); 143 v S 2 (Eff
11-1-89); 143 v H 253 (Eff 11-15-90); 148 v H 471. Eff 7-1-2000.
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