340.05 Complaint alleging abuse or neglect of individual in a residential care facility.

A community mental health agency that receives a complaint alleging abuse or neglect of an individual with mental illness or severe mental disability who resides in a residential facility as defined in division (A)(9)(b) of section 5119.22 of the Revised Code shall report the complaint to the board of alcohol, drug addiction, and mental health services serving the alcohol, drug addiction, and mental health service district in which the residential facility is located. A board of alcohol, drug addiction, and mental health services that receives such a complaint or a report from a community mental health agency of such a complaint shall report the complaint to the director of mental health for the purpose of the director conducting an investigation under section 5119.22 of the Revised Code. The board may enter the facility with or without the director and, if the health and safety of a resident is in immediate danger, take any necessary action to protect the resident. The board's action shall not violate any resident's rights specified in rules adopted by the department of mental health under section 5119.22 of the Revised Code. The board shall immediately report to the director regarding the board's actions under this section.

Amended by 129th General AssemblyFile No.127,HB 487, §101.01, eff. 9/10/2012.

Amended by 129th General AssemblyFile No.28,HB 153, §101.01, eff. 7/1/2011.

Effective Date: 2001 HB283 09-05-2001