Chapter 5101:2-20 Adult Protective Services

5101:2-20-01 [Effective until 8/1/2016] Adult protective services definitions.

(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.

(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. 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 or facilities in which a person resides as a result of voluntary, civil, or criminal commitment.

(C) "Adult Protective Services" 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 (S) of this rule.

(D) "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.

(E) "Court" means the probate court in the county where an adult resides.

(F) "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.

(G) "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.

(H) "Emergency Services" means protective services furnished to an adult in an emergency.

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

(J) "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.

(K) "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.

(L) "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 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.

(M) "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.

(N) "Neglect" means 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.

(O) "Nonvalidated Report (unsubstantiated)" means no evidence to verify or substantiate the allegation of abuse/self neglect/neglect/exploitation.

(P) "Peace Officer" means a peace officer as defined in section 2935.01 of the Revised Code.

(Q) "Physical Abuse" means intentional use of physical force resulting in bodily injury, pain or impairment.

(R) "Physical harm" means bodily pain, injury, impairment or disease suffered by an adult.

(S) "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.

(T) "Referral" 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.

(U) "Report" means a referral accepted to be investigated by the CDJFS as a result of a screening decision.

(V) "Screening" means the process of receiving and recording information from any person to determine whether the information provided should be accepted as a report of adult abuse, neglect or exploitation or screened out.

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

(X) "Validated (substantiated)" means confirming evidence that substantiates or verifies the allegation of abuse/self neglect/neglect/exploitation.

(Y) "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.

Effective: 02/03/2014
R.C. 119.032 review dates: 08/01/2017
Promulgated Under: 111.15
Statutory Authority: 5101.71
Rule Amplifies: 5101.60, 5101.71
Prior Effective Dates: 10/12/89 (Emer.), 12/20/89, 3/2/98, 3/17/2003, 12/1/2007, 8/01/2012

5101:2-20-01 [Effective 8/1/2016] Adult protective services definitions.

(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.

(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. An "independent living arrangement" includes a residential facility licensed under section 5119.22 of the Revised Code that provides accommodations, supervision, and personal care services for three to sixteen unrelated adults, 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.

(C) "Adult protective services" 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 (W) of this rule.

(D) "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.

(E) "Case management" means services performed or arranged by the county department of job and family services (CDJFS) or its designated agency to manage the life cycle of an adult protective services case.

(F) "Case record" means the permanent documentation of the assessment/investigation and the provision of protective or social services to vulnerable adults maintained as hard copy files, electronic files, or as a combination of both.

(G) "Caseworker" as used in rule 5101:2-20-07 of the Administrative Code means a CDJFS or its designated agency's staff person who is responsible for the provision of adult protective services.

(H) "Court" means the probate court in the county where an adult resides.

(I) "Designated agency" means an agency which is designated through a contract/written agreement with the CDJFS to perform the department's duties of receiving and 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.

(J) "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.

(K) "Emergency services" means protective services furnished to an adult in an emergency.

(L) "Emotional abuse" means to threaten, humiliate, intimidate, or psychologically harm an adult. Also, the violation of an adult's right to make decisions and loss of privacy.

(M) "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 when the caretaker obtained or exerted control over the adult or the adult's resources in any of the following ways:

(1) Without the adult's consent or the consent of the person authorized to give consent on the adult's behalf.

(2) Beyond the scope of the express or implied consent of the adult or the person authorized to give consent on the adult's behalf.

(3) By deception.

(4) By threat.

(5) By intimidation.

(N) "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.

(O) "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 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.

(P) "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.

(Q) "Neglect" means 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.

(R) "Nonvalidated report (unsubstantiated)" means no evidence to verify or substantiate the allegation of abuse/self neglect/neglect/exploitation.

(S) "Peace officer" means a peace officer as defined in section 2935.01 of the Revised Code.

(T) "Physical abuse" means intentional use of physical force resulting in bodily injury, pain or impairment.

(U) "Physical harm" means bodily pain, injury, impairment or disease suffered by an adult.

(V) "Principals of the case" are the alleged adult victim or the adult subject of the report, the caretaker of the alleged adult victim or adult subject of the report and the alleged perpetrator.

(W) "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.

(X) "Referral" 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.

(Y) "Report" means a referral accepted to be investigated by the CDJFS as a result of a screening decision.

(Z) "Screening" means the process of receiving and recording information from any person to determine whether the information provided should be accepted as a report of adult abuse, neglect or exploitation or screened out.

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

(BB) "Supervisor" as used in rule 5101:2-20-07 of the Administrative Code means a person who is employed by the CDJFS or its designee to oversee, direct or manage one or more workers employed by the agency in an adult protective services capacity.

(CC) "Validated (substantiated)" means confirming evidence that substantiates or verifies the allegation of abuse/self neglect/neglect/exploitation.

(DD) "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.

Effective: 8/1/2016
Five Year Review (FYR) Dates: 04/01/2016 and 08/01/2021
Promulgated Under: 111.15
Statutory Authority: 5101.71
Rule Amplifies: 5101.60, 5101.71
Prior Effective Dates: 10/12/89 (Emer.), 12/20/89, 3/2/98, 3/17/03, 12/1/07, 8/01/12, 2/3/14

5101:2-20-02 Provisions for adult protective services.

(A) The county departments of job and family services (CDJFS) shall be responsible for the receipt of all verbal or written allegations of abuse, neglect or exploitation for adults age sixty and older, and the completion of all intake activities. These activities shall include, but are not limited to, the following:

(1) The CDJFS shall have staff available to receive reports by telephone, mail, fax or in person during agency work hours.

(2) ) All information received by the CDJFS shall be documented and included in the case record.

(B) The report shall include, but not be limited to, the following:

(1) The date and time the allegation was received.

(2) The name, address, and the relationship of the reporter to the alleged adult victim, unless the reporter chooses to remain anonymous.

(3) The name, address, and approximate age of the adult who is the subject of the report, if known.

(4) The name, and address of the caregiver responsible for the adult's care, if any, and if known.

(5) The name, and address of the alleged perpetrator if different then the adult's caregiver, if known.

(6) The nature and extent of the alleged abuse, neglect, or exploitation of the adult.

(7) The basis of the reporter's belief that the adult has been abused, neglected, or exploited.

(8) The name(s), age(s), and relationship(s) of other known household member(s).

(9) The name(s), address(s), and/or telephone number(s) of any known collateral sources.

(C) The report shall be deemed an emergency if an adult is reported to be living in a condition which presents substantial risk of immediate physical harm or death. The risk can be the result of the adult's own action or inflicted on the adult by another person.

(1) Emergency reports shall be initiated within twenty-four hours from receipt of the report.

(2) Non-emergency shall be initiated within three working days from the receipt of the report.

(D) The CDJFS shall make a cross referral to the following agencies, as necessary:

(1) The county board of developmental disabilities (CBDD) if the report involves an adult who has mental retardation or a developmental disability as defined in section 5126.01 of the Revised Code.

(2) )The regional or state long-term care ombudsperson if the report involves an adult who resides in a long-term care facility and their rights have allegedly been violated as defined in sections 173.01 and 173.19 of the Revised Code.

(3) The Ohio department of health if the report involves an adult who resides in an adult care facility as defined in section 5119.70 of the Revised Code, who has allegedly been abused, neglected, or exploited by facility staff.

(4) The local public children services agency if the report involves the safety or welfare of a child under the age of eighteen or a mentally retarded, developmentally disabled, or physically impaired child, as defined in rule 5101:2-20-01 of the Administrative Code, who is under the age of twenty-one, as described in section 2151.421 of the Revised Code.

(E) The CDJFS, or its designated agency, shall be responsible for investigating all reports of abuse, neglect, or exploitation for adults age sixty and older, and shall evaluate the need for adult protective services.

(F) The CDJFS, or its designated agency, shall conduct the following investigative activities:

(1) Attempt a face-to-face visit with the alleged adult victim, preferably in the alleged adult victim's own home without the interference of others. If face-to-face contact is not possible, the reason(s) must be documented in the case record.

(2) At the time of the initial interview, give written notice of the intent to investigate and explain the notice in language reasonably understandable to the adult who is the subject of the investigation. The CDJFS shall arrange for translator/interpreter services when needed.

(3) Assess the risk to the adult who is subject of a report, by considering the following factual information:

(a) The specific danger (abuse, neglect, or exploitation) and the degree of danger (physical or sexual harm; mental anguish or mental illness) in the adult's living conditions.

(b) The personal vulnerability of the adult, which may include one or more of the following conditions:

(i) Handicap due to infirmities of aging.

(ii) Physical or mental impairments preventing the adult from providing for his/her own care without the assistance of a caretaker.

(iii) The adult's understanding of his/her current situation.

(iv) The adult's feelings about his/her current living situation.

(c) The social vulnerability of the adult, which may include one or more of the following conditions:

(i) The absence of a guardian, caretaker, spouse, adult children, next of kin or friends.

(ii) The unlawful or improper act of a caretaker using an adult or his/her resources for monetary or personal benefit, profit, or gain.

(iii) The failure or inability of a caretaker or the adult to provide goods or services necessary to avoid physical harm, mental anguish or mental illness.

(4) Interview other known persons and/or agencies who may have knowledge of the abuse, neglect or exploitation.

(5) Any additional findings regarding the adult victim that are discovered during the initial investigation of suspected abuse, neglect, or exploitation while the CDJFS or its designated agency is actively involved with the adult, must also be investigated.

(G) If, during the course of an investigation, the CDJFS or its designated agency has reason to believe that the adult victim is at risk, and the CDJFS or its designated agency is denied access or access into the residence is obstructed by any person, including the adult victim, the CDJFS or its designated agency may file a petition in court for a temporary restraining order. After obtaining an order restraining the obstruction of or interference with the investigation by any person, including the resident, the CDJFS or its designated agency may request accompaniment to the residence by a peace officer.

(H) The investigation shall be completed no later than thirty calendar 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. The reason for the fifteen calendar day extension must be documented in the case record.

(I) The investigation shall not be considered complete until all additional findings that contribute to the risk of the adult are investigated and found to be validated or non validated.

(J) An investigative report containing the following information shall be placed in the case record in accordance with the timeframes outlined in paragraph (H) of this rule. The report shall include:

(1) A summary of the investigation/assessment activities and conclusions as specified in paragraphs (E) to (J) of this rule.

(2) A determination as to whether the report of abuse, neglect, or exploitation is validated or nonvalidated and the reason for this conclusion.

(3) Documentation of the services needed that were identified and the referrals made to other social service agencies, if applicable.

(K) The CDJFS or its designated agency shall develop a written protective services plan for each adult who receives protective services. The protective services plan shall be part of the case record.

(1) A protective services plan shall be developed by the CDJFS or its designated agency no later than thirty calendar days after the report is validated.

(2) Each protective services plan shall include, but is not limited to, the following:

(a) The identified problem.

(b) The protective services objectives.

(c) The type of protective services that will be provided and the service provider(s).

(d) Effective dates of protective service plan.

(e) Signature of the adult victim. If the adult refuses to sign the plan, the worker shall document the reason in the case record and/or petition the court pursuant to paragraph (L)(1) of this rule.

(3) The protective service plan shall be based upon the least restrictive services available to meet the needs of the adult.

(4) At the end of the initial six month period of service, the CDJFS shall assess the need to continue providing protective services. If the adult continues to be at risk and in need of protective services, the CDJFS or its designated agency shall develop a service plan for the next six months and every six months thereafter until the case can be closed. The assessment shall be written and placed in the case record.

(5) The CDJFS or its designated agency has the responsibility to reassess the level of risk and amend the service plan anytime there is a change in the adult victim's circumstances that contributed to the need for services.

(6) In the development of the protective services plan, the CDJFS or its designated agency must involve the adult and significant other(s) which may include relatives, friends, care givers, and/or neighbors to the extent possible.

(7) The CDJFS or its designated agency shall be responsible for the delivery of services or may arrange service delivery through the use of referrals, contracts or written agreements.

(L) The CDJFS or its designated agency shall terminate adult protective services in the following circumstances:

(1) When requested by the adult who is the recipient of the protective services. However, if the CDJFS or its designated agency determines that an adult is in need of protective services and the adult is incapacitated or incompetent, it may petition the court for an order authorizing the provision of protective services.

(2) When the adult is no longer in need of protective services based on the reassessment of risk.

(3) When the adult subject leaves the CDJFS area of jurisdiction. In such an instance, the CDJFS shall make a referral to the new county or state of residence, if known, and upon request of the authorized receiving agency, provide appropriate information to facilitate determination of need for adult protective services in the new county or state of residence.

(4) When the adult victim has been placed in an institution, unless the institutionalization is court ordered.

(5) When the adult dies.

Effective: 08/01/2012
R.C. 119.032 review dates: 05/02/2012 and 08/01/2017
Promulgated Under: 111.15
Statutory Authority: 5101.71
Rule Amplifies: 5101.60, 5101.61, 5101.6115101.62, 5101.71
Prior Effective Dates: 3/17/2003, 12/1/07

5101:2-20-03 Adult protective services designated agency provisions.

(A) The county department of job and family services (CDJFS) may designate another agency to perform the following duties:

(1) Investigate reports of abuse, neglect, or exploitation.

(2) Evaluate the need for protective services.

(3) To the extent of available funds, provide or arrange for the provision of protective services.

(B) The CDJFS shall specify the duties of the designated agency. The designated agency shall perform the duties mutually agreed upon and comply with paragraphs (E) to (L) of rule 5101:2-20-02, and rules 5101:2-20-03, 5101:2-20-04 and 5101:9-14-02 of the Administrative Code.

(C) The CDJFS shall enter into a contract and/or written agreement with the agency it selects to act as its designated agency.

(D) The CDJFS has the ultimate responsibility to insure that all reports assigned to a designated agency are investigated and managed in compliance with the law.

Effective: 08/01/2012
R.C. 119.032 review dates: 05/02/2012 and 08/01/2017
Promulgated Under: 111.15
Statutory Authority: 5101.71
Rule Amplifies: 5101.62, 5101.71
Prior Effective Dates: 3/17/2003, 12/1/07

5101:2-20-04 Adult protective services case records.

(A) The county department of job and family services (CDJFS) or its designated agency shall develop and maintain a case record for each adult who is the subject of a report of abuse, neglect, or exploitation. This case record shall document all activities performed by the CDJFS or its designated agency from the time of receipt of the referral of abuse, neglect, or exploitation until the closing of the report.

(B) The case record shall contain all documents and communications pertaining to the investigation of a report and the provision of adult protective services. These documents shall include, but are not limited to:

(1) The screening report.

(2) The investigation/assessment report.

(3) The protective services plan, any applicable reviews and all amendments.

(4) Correspondence.

(5) Professional reports and/or amendments.

(6) Notice of intent to investigate.

(7) Voluntary consent of an adult to the provision of protective services.

(8) Court petitions.

(9) Court orders.

(10) Releases of information.

(C) The case record shall contain a narrative which documents chronologically all activities performed in the investigation, and the provision of adult protective services. The case narrative shall include but is not limited to:

(1) Phone calls.

(2) Personal interviews.

(3) Reason and date for adult protective service termination.

(4) Dates(s) of receipt and preparation of documentation or communication as specified in paragraph (B) of this rule.

(D) The case record shall be considered confidential and not public record. Information contained in the case record shall, upon request, be made available by the CDJFS or its designated agency to the adult who is the subject of the report, agencies authorized by the CDJFS or its designated agency to receive the report, and legal counsel for the adult.

(E) The case record shall be retained by the CDJFS and its designated agency for a minimum period of three years from the date of case termination.

Effective: 08/01/2012
R.C. 119.032 review dates: 05/02/2012 and 08/01/2017
Promulgated Under: 111.15
Statutory Authority: 5101.71
Rule Amplifies: 5101.60, 5101.61, 5101.62, 5101.64, 5101.65, 5101.71
Prior Effective Dates: 3/17/2003, 12/1/07

5101:2-20-05 [Effective 8/1/2016] Confidentiality and dissemination of adult protective services information.

(A) Each referral, assessment/investigation and record of provision of services related to reports of adult abuse, neglect or exploitation is confidential as defined in section 149.43 of the Revised Code. Information in the statewide adult protective services information system is confidential and is not subject to disclosure pursuant to section 149.43 or 1347.08 of the Revised Code. Information may be shared only when dissemination is authorized by this rule.

(B) If any person commits, causes, permits or encourages unauthorized dissemination of information, the county department of job and family services (CDJFS) or its designee shall give written notification of such unauthorized dissemination to the county prosecutor or city director of law and the Ohio department of job and family services (ODJFS). A copy of the written notification shall be maintained in the case record.

(C) The CDJFS or its designee shall not release the identity of the referent/reporter, or any person providing information during the course of an assessment/investigation. The identities of these individuals shall not be released or affirmed by the CDJFS or its designee to any party without the written consent of the individual(s) involved, except to those individuals outlined in paragraph (D) of this rule.

(D) The CDJFS or its designee may release the identity of the referent/reporter or any person providing information during the course of an assessment investigation to the following entities:

(1) ODJFS staff with supervisory responsibility in the administration of Ohio's adult protective services program.

(2) Law enforcement when investigating a criminal case.

(3) The county prosecutor when information is needed for criminal proceedings.

(4) Another CDJFS or its designee assessing/investigating an adult abuse, neglect or exploitation report involving a principal of the case.

(E) The CDJFS or its designee shall release case information contained in the adult protective services report, excluding the identity of the referent/reporter or any person providing information during the course of an assessment/investigation, to the following persons or entities:

(1) Upon request, the information shall be released to:

(a) The adult who is the subject of the report.

(b) Legal counsel for the adult.

(2) The court, for the purpose of issuing any of the following:

(a) An ex parte order.

(b) A restraining order due to the obstruction of an investigation.

(c) A protective services order or emergency protective services order.

(d) A guardianship order.

(3) Law enforcement when investigating a criminal case.

(4) The coroner, to assist in the evaluation of an adult's death due to alleged abuse and/or neglect.

(5) To agencies authorized by the CDJFS or its designee for the purpose of assessing/investigating an adult abuse, neglect and/or exploitation report.

(F) No person shall knowingly do either of the following:

(1) Access or use information contained in the adult protective services information system or case record for any purposes except as authorized by this rule.

(2) Disclose information obtained from the adult protective services case record to any entity not authorized by paragraph (D) or (E) of this rule.

(G) Information within the adult protective services referral, report or information system shall not be used for the following purposes:

(1) Screening for employment.

(2) Screening for volunteerism.

(3) Screening for the purpose of any other background search, that would limit an individual opportunities that would otherwise be afforded to them without this information.

Effective: 8/1/2016
Five Year Review (FYR) Dates: 08/01/2021
Promulgated Under: 111.15
Statutory Authority: 5101.71
Rule Amplifies: 5101.61

5101:2-20-06 [Effective 8/1/2016] The county adult protective services memorandum of understanding.

(A) The county adult protective services memorandum of understanding, hereinafter referred to as the memorandum, is a document that sets forth the normal operating procedures to be employed by all concerned officials in the execution of their respective responsibilities pursuant to section 5101.621 of the Revised Code when conducting elder abuse, neglect or exploitation assessments or investigations. The purpose of the memorandum is to delineate clearly the role and responsibilities of each official or agency in assessing or investigating elder abuse, neglect or exploitation in the county. The respective duties and requirements of all involved shall be addressed in the memorandum.

(B) Each county department of job and family services (CDJFS) shall prepare a memorandum described in paragraph (A) of this rule to be signed by all of the following:

(1) The director of the CDJFS.

(2) The director of the designated agency if the county department has entered into an interagency agreement with another entity pursuant to section 5101.622 of the Revised Code.

(3) The county peace officer.

(4) All chief municipal peace officers within the county.

(5) Other law enforcement officers handling adult abuse, neglect, and exploitation cases in the county.

(6) The prosecuting attorney of the county.

(7) The coroner of the county.

(C) The memorandum shall set forth the procedures to be followed by the persons listed in paragraph (B) of this rule in the execution of their respective responsibilities related to cases of adult abuse, neglect, and exploitation. The memorandum shall establish all of the following:

(1) An interdisciplinary team to coordinate efforts related to the prevention, reporting, and treatment of abuse, neglect, and exploitation of adults.

(2) The roles and responsibilities for handling cases that have been referred by the CDJFS or designated agency to another agency pursuant to section 5101.611 of the Revised Code.

(3) The roles and responsibilities for filing criminal charges against persons alleged to have abused, neglected, or exploited adults.

(D) The memorandum may, in addition, be signed by any of the following persons who are also members of the interdisciplinary team described in paragraph (C)(1) of this rule:

(1) A representative of the area agency on aging, as defined in section 173.14 of the Revised Code.

(2) The regional long-term care ombudsman.

(3) A representative of the board of alcohol, drug addiction, and mental health services.

(4) A representative of the board of health of a city or general health district.

(5) A representative of the county board of developmental disabilities.

(6) A representative of a victim assistance program.

(7) A representative of a local housing authority.

(8) Any other person whose participation furthers the goals of the memorandum.

(E) The memorandum shall include all of the following:

(1) Signatures from participating agencies which must include, at a minimum, the individuals listed in paragraph (B) of this rule.

(2) A confidentiality statement to address how information is to be shared while protecting the privacy of the client and his/her family. The confidentiality statement shall also clearly identify the individual to be notified in the event of a breach or suspected breach of confidentiality and a provision that the terms of confidentiality remain after the termination or expiration of the agreement.

(3) A terms and conditions section that identifies the time period of the agreement and how to address modifications to the agreement.

(F) The memorandum may, in addition, include the screening procedure to be followed, in accordance with paragraph (B) of rule 5101:2-20-11 of the Administrative Code, when a written and/or oral referral is received on a day that is not a working day as defined in section 5101.60 of the Revised Code and after business hours on working days.

(G) Each CDJFS shall complete the memorandum no later than July 1, 2016.

(H) If an amendment to an existing memorandum is necessary for any reason, the CDJFS shall complete the amendment within ninety days of the identified need and do both of the following:

(1) Have the amendment signed by all parties affected by the amendment.

(2) Provide a written copy of the signed amendment to all signors of the memorandum.

(I) Failure to follow the guidelines set forth in the memorandum required by this rule is not grounds for, and shall not result in, the dismissal of any charge or complaint arising from any report of abuse, neglect, or exploitation or the suppression of any evidence obtained as a result of a report of abuse, neglect, or exploitation and does not give any rights or grounds for appeal or post-conviction relief to any person.

Effective: 8/1/2016
Five Year Review (FYR) Dates: 08/01/2021
Promulgated Under: 111.15
Statutory Authority: 5101.71
Rule Amplifies: 5101.621

5101:2-20-07 [Effective 8/1/2016] Education and in-service training requirements for APS caseworkers and supervisors.

(A) Adult protective services (APS) caseworkers hired on or after September 29, 2015 shall complete APS core training:

(1) At a minimum, the following APS core training courses shall be completed within the first year of continuous employment:

(a) APS laws and regulations.

(b) Dynamics of elder abuse.

(c) The aging process.

(2) The following APS core training courses shall be completed at any time during the first two years of continuous employment:

(a) APS risk assessment.

(b) APS values and ethics.

(c) Case planning.

(d) Collaboration in APS.

(e) Initial investigation.

(f) Professional communication.

(B) A minimum of eighteen hours of the training required in paragraph (A) of this rule shall be completed through instructor led courses. The remaining core requirements shall be completed through either instructor led or online courses.

(C) Caseworkers considered backup or on-call APS caseworkers may attend core training at the discretion of their supervisor.

(D) The training requirements identified in this rule shall be met by participating in the Ohio human services training system's (OHSTS) adult protective caseworker core training program.

(E) The county department of job and family services (CDJFS) director or his or her designee may waive certain training course requirements if within the last two years the APS caseworker was previously employed by another agency or the same CDJFS, and completed one or more of the OHSTS adult protective services caseworker core training courses. However, any core courses not completed by the caseworker during the previous two years cannot be waived.

(F) APS caseworkers shall complete eighteen hours of ongoing training annually in areas relevant to the caseworker's assigned APS duties, after the first two years of continuous employment with the agency as a caseworker.

(1) For caseworkers subject to the provisions of rule 5101:2-33-55 of the Administrative Code, at least six hours of the required thirty-six hours of ongoing training must be courses related to APS.

(2) Training courses shall be selected to address the caseworker's training needs as determined by the caseworker and supervisor. Training needs shall be determined based upon all of the following:

(a) Prior background and experience of the caseworker.

(b) Job duties and responsibilities of the caseworker.

(c) Competencies the caseworker and supervisor identify as needs.

(G) A caseworker's ongoing training requirements may be fulfilled by participating in instructor led or online training activities, including but not limited to training offered through:

(1) OHSTS.

(2) The Ohio child welfare training program (OCWTP).

(3) Accredited colleges or universities if the course work is relevant to the caseworker's assigned duties. If calculating training hours through completion of courses offered by colleges or universities, the agency shall use the number of semester/quarter hours awarded by the college or university.

(4) Seminars, conferences, and workshops relevant to the caseworker's assigned duties.

(H) The CDJFS or its designee shall be responsible for all of the following:

(1) Notifying its designated regional training center of new caseworkers hired by the agency in order for the regional training center to create an account for the employee in the learning management system (LMS).

(2) Maintaining employees' education and training records, including documentation of compliance with all provisions of this rule.

(I) APS supervisors hired on or after September 29, 2015 shall complete the APS core courses as outlined in paragraphs (A) to (C) of this rule, within the first two years of continuous employment.

(J) The CDJFS director or his or her designee may waive completion of one or more training requirements if within the last two years the APS supervisor was previously employed by another agency or the same CDJFS and completed one or more of the OHSTS APS caseworker core courses. However, any core courses not completed by the supervisor during the previous two years cannot be waived.

(K) APS supervisors shall complete fifteen hours of ongoing training annually in areas relevant to the supervisor's assigned APS duties after the first two years of continuous employment with the agency as a supervisor.

(1) For supervisors subject to rule 5101:2-33-56 of the Administrative Code, at least six hours of the required thirty hours of ongoing training must be courses related to APS.

(2) Training courses shall be selected to address the supervisor's training needs as determined by the supervisor and director. Training needs shall be determined based upon all of the following:

(a) Prior background and experience of the supervisor.

(b) Relevant assigned job duties and responsibilities of the supervisor.

(c) Competencies the supervisor and director identify as needs.

(L) The supervisor's ongoing training requirements may be fulfilled by participating in instructor led or online training activities. These training activities may include trainings offered by any of the following:

(1) OHSTS.

(2) OCWTP.

(3) Accredited colleges or universities if the course work is relevant to the supervisor's assigned APS duties. If calculating training hours through completion of courses offered by colleges or universities, the agency shall use the number of semester/quarter hours awarded by the college or university.

(4) Seminars, conferences, and workshops relevant to the supervisor's assigned APS duties.

(M) The CDJFS or its designee shall be responsible for all of the following:

(1) Notifying its designated regional training center of new supervisors hired by the agency in order for the regional training center to create an account for the employee in the LMS.

(2) Maintaining employees' education and training records, including documentation of compliance with all provisions of this rule.

(N) The CDJFS or its designee may elect to offer initial orientation training about the agency and the community to newly hired caseworkers or supervisors. Initial orientation training does not count toward fulfilling the mandatory training requirements outlined in this rule.

Effective: 8/1/2016
Five Year Review (FYR) Dates: 08/01/2021
Promulgated Under: 111.15
Statutory Authority: 5101.71
Rule Amplifies: 5101.71

5101:2-20-11 [Effective 8/1/2016] Adult protective services screening.

(A) The county department of job and family services (CDJFS) or its designee shall have the ability to receive and screen the written and/or oral referrals of adult abuse, neglect and/or exploitation twenty-four hours a day seven days a week.

(B) The screening decision protocol for referrals received on a day that is not a working day as defined in section 5101.60 of the Revised Code and after business hours on working days may be outlined within the county's memorandum of understanding established pursuant to rule 5101:2-20-06 of the Administrative Code.

(C) The CDJFS or its designee shall attempt to obtain, at a minimum, the following information from a referent making a referral regarding alleged adult abuse, neglect and/or exploitation and arrive at a screening decision. Receipt of all of the following information is not required in order to screen in a report:

(1) The name(s) and address(es) of the adult and the adult's caregiver or guardian and all household members.

(2) The adult's age.

(3) The adult's race and ethnicity.

(4) Circumstances regarding the abuse, neglect, and/or exploitation.

(5) Alleged perpetrator's access to the adult, if applicable.

(6) The adult's current condition.

(7) The adult's current location.

(8) Information regarding any evidence of previous abuse, neglect and/or exploitation.

(9) Any other information that might be helpful in establishing the cause of the known or suspected abuse, neglect and/or exploitation.

(D) The report shall be deemed an emergency if an adult is reported to be living in a condition which presents substantial risk of immediate physical harm or death. The risk can be the result of the adult's own action or inflicted on the adult by another person.

(1) Emergency reports shall be initiated within twenty-four hours from receipt of the report.

(2) Non-emergency reports shall be initiated within three working days from the receipt of the report.

(E) The CDJFS or its designee may upon request of the referent, inform the referent of the screening decision. The CDJFS or its designee shall not share any additional case information with the referent.

Replaces:

Part of 5101:2-20-02

Effective: 8/1/2016
Five Year Review (FYR) Dates: 08/01/2021
Promulgated Under: 111.15
Statutory Authority: 5101.71
Rule Amplifies: 5101.61, 5101.622
Prior Effective Dates: 3/17/03, 1/1/04, 12/1/07, 8/1/12

5101:2-20-14 [Effective 8/1/2016] Requirement for cross-referring reports of elder abuse, neglect, or exploitation.

(A) The provisions of rule 5101:2-20-05 of the Administrative Code regarding confidentiality apply to all cross-referrals of elder abuse, neglect, or exploitation required by this rule.

(B) The county department of job and family services (CDJFS) or its designated agency shall make a referral to the following agencies, as necessary, upon review of a report made under section 5101.61 or an investigation conducted under sections 5101.62 to 5101.64 of the Revised Code:

(1) The local county board of developmental disabilities if the CDJFS or its designated agency knows or has reasonable cause to believe that the subject is an individual with a developmental disability as defined in section 5126.01 of the Revised Code. The CDJFS or its designated agency shall proceed with a case in accordance with section 5101.60 to 5101.71 of the Revised Code when a referral is received from the local county board of developmental disabilities in accordance with section 5126.31 of the Revised Code.

(2) The office of the state long-term care ombudsman program if the subject is a resident of a long-term care facility, as defined in section 173.14 of the Revised Code. The CDJFS or its designated agency shall proceed with a case in accordance with sections 5101.60 to 5101.71 of the Revised Code when a referral is received from a state or regional long-term care ombudsman program in accordance with section 173.20 of the Revised Code.

(3) The department of health if the subject is a resident of a nursing home, as defined in section 3721.01 of the Revised Code, and has allegedly been abused, neglected, or exploited by an employee of the nursing home.

(4) The public children services agency of that county if the subject is a child, as defined in section 5153.01 of the Revised Code.

Replaces:

Part of 5101:2-20-02

Effective: 8/1/2016
Five Year Review (FYR) Dates: 08/01/2021
Promulgated Under: 111.15
Statutory Authority: 5101.71
Rule Amplifies: 5101.611
Prior Effective Dates: 3/17/03, 1/1/04, 12/1/07, 8/1/12