Section 340.05 | Complaint alleging abuse or neglect of individual in a residential care facility.
If a community addiction services provider or community mental health services provider receives a complaint alleging abuse or neglect of an individual with mental illness or severe mental disability, or an individual receiving addiction services, who resides in a residential facility licensed under section 5119.34 of the Revised Code, the provider 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 a complaint alleging abuse or neglect of an individual with mental illness or severe mental disability or an individual receiving addiction services shall report the complaint to the director of behavioral health for the purpose of the director conducting an investigation under section 5119.34 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 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 behavioral health under section 5119.34 of the Revised Code. The board shall promptly report to the director regarding the board's actions under this section.
The Legislative Service Commission presents the text of this section as a composite of the section as amended by multiple acts of the General Assembly. This presentation recognizes the principle stated in R.C. 1.52(B) that amendments are to be harmonized if reasonably capable of simultaneous operation.
Last updated August 7, 2025 at 4:50 PM
Available Versions of this Section
- September 29, 2013 – House Bill 59 - 130th General Assembly [ View September 29, 2013 Version ]
- September 29, 2015 – House Bill 64 - 131st General Assembly [ View September 29, 2015 Version ]
- July 1, 2017 – Senate Bill 319 - 131st General Assembly [ View July 1, 2017 Version ]
- September 30, 2025 – Amended by House Bill 96 (GA 136), Senate Bill 138 (GA 136) [ View September 30, 2025 Version ]