Chapter 5101:2-20 Adult Protective Services

5101:2-20-01 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

5101:2-20-02 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 Adult protective services automated reporting system. [Rescinded].

Rescinded eff 6-16-08