Bill Text: OH HB382 | 2011-2012 | 129th General Assembly | Introduced

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Bill Title: To provide that "exploitation" under the adult protective services law includes action by any person, rather than only by a caretaker.

Spectrum: Partisan Bill (Democrat 9-0)

Status: (Introduced - Dead) 2011-11-16 - To Judiciary & Ethics [HB382 Detail]

Download: Ohio-2011-HB382-Introduced.html

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As Introduced

129th General Assembly Regular Session 2011-2012

H. B. No. 382

Representative Gentile 

Cosponsors: Representatives Antonio, Fedor, Okey, Ashford, Yuko, Clyde, Driehaus, O'Brien 

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A BILL

To amend section 5101.60 of the Revised Code to

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provide that "exploitation" under the adult

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protective services law includes action by any

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person, rather than only by a caretaker.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That section 5101.60 of the Revised Code be	5
amended to read as follows:	6

Sec. 5101.60.  As used in sections 5101.60 to 5101.71 of the	7
Revised Code:	8

(A) "Abuse" means the infliction upon an adult by self or	9
others of injury, unreasonable confinement, intimidation, or cruel	10
punishment with resulting physical harm, pain, or mental anguish.	11

(B) "Adult" means any person sixty years of age or older	12
within this state who is handicapped by the infirmities of aging	13
or who has a physical or mental impairment which prevents the	14
person from providing for the person's own care or protection, and	15
who resides in an independent living arrangement. An "independent	16
living arrangement" is a domicile of a person's own choosing,	17
including, but not limited to, a private home, apartment, trailer,	18
or rooming house. An "independent living arrangement" includes an	19
adult care facility licensed pursuant to Chapter 3722. of the	20
Revised Code, but does not include other institutions or	21
facilities licensed by the state or facilities in which a person	22
resides as a result of voluntary, civil, or criminal commitment.	23

(C) "Caretaker" means the person assuming the responsibility	24
for the care of an adult on a voluntary basis, by contract,	25
through receipt of payment for care, as a result of a family	26
relationship, or by order of a court of competent jurisdiction.	27

(D) "Court" means the probate court in the county where an	28
adult resides.	29

(E) "Emergency" means that the adult is living in conditions	30
which present a substantial risk of immediate and irreparable	31
physical harm or death to self or any other person.	32

(F) "Emergency services" means protective services furnished	33
to an adult in an emergency.	34

(G) "Exploitation" means the unlawful or improper act of a	35
caretaker using an adult or an adult's resources for monetary or	36
personal benefit, profit, or gain, whether the act is committed by	37
a caretaker or any other person.	38

(H) "In need of protective services" means an adult known or	39
suspected to be suffering from abuse, neglect, or exploitation to	40
an extent that either life is endangered or physical harm, mental	41
anguish, or mental illness results or is likely to result.	42

(I) "Incapacitated person" means a person who is impaired for	43
any reason to the extent that the person lacks sufficient	44
understanding or capacity to make and carry out reasonable	45
decisions concerning the person's self or resources, with or	46
without the assistance of a caretaker. Refusal to consent to the	47
provision of services shall not be the sole determinative that the	48
person is incapacitated. "Reasonable decisions" are decisions made	49
in daily living which facilitate the provision of food, shelter,	50
clothing, and health care necessary for life support.	51

(J) "Mental illness" means a substantial disorder of thought,	52
mood, perception, orientation, or memory that grossly impairs	53
judgment, behavior, capacity to recognize reality, or ability to	54
meet the ordinary demands of life.	55

(K) "Neglect" means the failure of an adult to provide for	56
self the goods or services necessary to avoid physical harm,	57
mental anguish, or mental illness or the failure of a caretaker to	58
provide such goods or services.	59

(L) "Peace officer" means a peace officer as defined in	60
section 2935.01 of the Revised Code.	61

(M) "Physical harm" means bodily pain, injury, impairment, or	62
disease suffered by an adult.	63

(N) "Protective services" means services provided by the	64
county department of job and family services or its designated	65
agency to an adult who has been determined by evaluation to	66
require such services for the prevention, correction, or	67
discontinuance of an act of as well as conditions resulting from	68
abuse, neglect, or exploitation. Protective services may include,	69
but are not limited to, case work services, medical care, mental	70
health services, legal services, fiscal management, home health	71
care, homemaker services, housing-related services, guardianship	72
services, and placement services as well as the provision of such	73
commodities as food, clothing, and shelter.	74

(O) "Working day" means Monday, Tuesday, Wednesday, Thursday,	75
and Friday, except when such day is a holiday as defined in	76
section 1.14 of the Revised Code.	77

Section 2. That existing section 5101.60 of the Revised Code	78
is hereby repealed.	79