Rule 5101:2-20-05 | Confidentiality and dissemination of adult protective services information.
The purpose of this rule is to establish confidentiality standards and authorized disclosure of adult protective services (APS) information to ensure sensitive data is only shared under specific legal circumstances to protect the rights and privacy of individuals involved.
(A) What information is confidential and can only be shared when dissemination is authorized under this rule?
(1) Each referral, assessment, investigation, and record of provision of services related to adult maltreatment is confidential.
(2) Information in the Ohio database for adult protective services (ODAPS) is confidential and is not subject to disclosure pursuant to section 149.43 or 1347.08 of the Revised Code.
(B) What actions are to be taken if unauthorized dissemination of information occurs?
If any person commits, causes, permits, or encourages unauthorized dissemination of information, the county department of job and family services (CDJFS) is to:
(1) Notify the county prosecutor.
(2) Notify the Ohio department of job and family services (ODJFS).
(3) Maintain a copy of the notification in the case record.
(C) To whom can the CDJFS release the identity of the referent or any person providing information during the course of an assessment or investigation?
The identity of the referent or any person providing information during the course of the assessment or investigation is not to be released or affirmed by the CDJFS to any party without the written consent of the individual(s) involved, except in the following situations:
(1) ODJFS staff with supervisory responsibility in the administration of Ohio's APS program.
(2) Law enforcement when investigating a criminal case.
(3) The county prosecutor when information is needed for criminal proceedings.
(4) Another CDJFS assessing or investigating an adult maltreatment report involving a principal of the case.
(D) To whom can the CDJFS release case information contained in the case record, excluding the identity of the referent or any person providing information during the course of the assessment or investigation?
(1) Upon request, the information is to 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 or neglect.
(5) To agencies authorized by the CDJFS for the purpose of assessing or investigating an adult maltreatment report.
(E) What are the restrictions on accessing or using information contained in the APS case record?
No person is to knowingly:
(1) Access or use information contained in ODAPS or the case record for any purpose except as authorized by this rule.
(2) Disclose information obtained from the APS case record to any entity not authorized by this rule.
(F) What can the information in the case record not be used to do?
(1) Screen for employment.
(2) Screen for volunteerism.
(3) Screen for any other background search that would limit an individual's opportunities that would otherwise be afforded to them without this information.
Last updated October 17, 2026 at 12:00 AM
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