5101:9-14-02. Adult protective services automated reporting system [RESCINDED]

(A) The following definitions apply to this rule.

(1) "Abuse" means the infliction upon an adult by the adult or others of injury, unreasonable confinement, intimidation or cruel punishment with resulting physical harm, pain, or mental anguish.

(2) "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 a residential facility licensed under section 5119.22 of the Revised Code that provides accomodations, supervison, and personal care services for three to sixteen unrelated adults, but does not include other institutions or facilities licensed by the state for or facilities in which a person resides as a result of voluntary, civil, or criminal commitment.

(3) "Adult Protective Services" (APS) means an array of services provided to adults who are at risk of abuse, neglect or exploitation. Services include but are not limited to: intake/referral, investigating reports of abuse, neglect, or exploitation, and protective services as defined in paragraph (A)(10) of this rule.

(4) "Designated Agency" means an agency designated through a contract/written agreement with the county department of job and family services (CDJFS) to perform the 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.

(5) "Emergency" means that the adult is living in conditions which present a substantial risk of immediate and irreparable physical harm or death to the adult or any other person.

(6) "Emotional Abuse" means to threaten, humiliate, intimidate, or psychologically harm an adult. This includes the violation of an adult's right to make decisions and loss of privacy.

(7) "Exploitation" means the unlawful or improper act of a caretaker using an adult or his/her resources for monetary or personal benefit, profit or gain.

(8) "Neglect" means failure of an adult to provide for his or her own 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.

(9) "Physical Abuse" means intentional use of physical force that results in bodily injury, pain or impairment.

(10) "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:

(a) Case work services.

(b) Medical care.

(c) Mental health services.

(d) Legal services.

(e) Fiscal management.

(f) Home health care.

(g) Homemaker services.

(h) Housing-related services.

(i) Guardianship services.

(j) Placement services.

(k) Commodities.

(i) Food.

(ii) Clothing.

(iii) Shelter.

(11) "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.

(12) "Sexual Abuse" means nonconsensual sexual contact of any kind with an adult regardless of age of the perpetrator.

(B) Pursuant to division (B) of section 5101.72 of the Revised Code, each CDJFS or the designated agency shall be required to collect and submit data to the Ohio department of job and family services (ODJFS) on information concerning the implementation of sections 5101.60 to 5101.72 of the Revised Code.

(C) The CDJFS or the designated agency shall enter the following information for each report of elder abuse, neglect, or exploitation into the APS case incident reporting system database maintained by ODJFS:

(1) Report received date.

(2) Emergency case data.

(3) Client name.

(4) Client address.

(5) Client age.

(6) Client gender.

(7) Client race.

(8) Client living arrangement.

(9) Primary allegation.

(a) Physical abuse.

(b) Emotional abuse.

(c) Sexual abuse.

(d) Self neglect.

(e) Neglected by others.

(f) Exploitation.

(10) Secondary finding (if applicable).

(11) Perpetrator relationship to the client.

(12) Perpetrator living arrangement.

(13) Law enforcement intervention.

(14) Court intervention.

(15) Allegation/finding results (case disposition).

(D) The CDJFS or the designated agency shall enter the case disposition into the automated reporting system no later than thirty days from the receipt of the report or no later than forty-five days when additional information is needed to determine a case disposition which could not be obtained within the thirty day timeframe.

Effective: 4/1/2018
Promulgated Under: 111.15
Statutory Authority: ORC 5101.61(B)
Rule Amplifies: ORC 5101:60 to ORC 5101:71
Prior Effective Dates: 10/30/2006, 06/16/2008, 08/01/2012, 12/01/2013