Ohio Administrative Code
Title 5101:2 - Division of Social Services
Chapter 5101:2-20 - Adult Protective Services
Section 5101:2-20-01 - Adult protective services definitions
Universal Citation: OH Admin Code 5101:2-20-01
Current through all regulations passed and filed through March 18, 2024
(A) This rule contains the definitions of terms used in Chapter 5101:2-20 of the Administrative Code.
(B) Definitions.
(1) "Abandonment" means desertion of an adult
by a caretaker without having made provision for transfer of the adult's
care.
(2) "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.
(3) "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.
(4) "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 (B)(27) of this rule.
(5) "Area agency on aging" means a public or
private nonprofit entity designated under section
173.011
of the Revised Code to administer programs on behalf of the department of
aging.
(6) "Caretaker" means a
person assuming the primary responsibility for the care of an adult by any of
the following means:
(a) On a voluntary
basis;
(b) By contract;
(c) Through receipt of payment for
care;
(d) As a result of a family
relationship;
(e) By the order of a
court of competent jurisdiction.
(7) "Case management" means services
performed or arranged by the county department of job and family services
(CDJFS) or its designated agency to manage the life cycle of an adult
protective services case.
(8) "Case
record" means the permanent documentation of the assessment/ investigation and
the provision of protective or social services to vulnerable adults maintained
as hard copy files, electronic files, or as a combination of both.
(9) "Caseworker" as used in rule
5101:2-20-07
of the Administrative Code means a CDJFS or its designated agency's staff
person who is responsible for the provision of adult protective
services.
(10) "Community mental
health agency" means any agency, program, or facility with which a board of
alcohol, drug addiction, and mental health services contracts to provide the
mental health services listed under section
5119.01
of the
Revised Code.
(11) "Court" means
the probate court in the county where an adult resides.
(12) "Designated agency" means an agency
which is designated through a contract/ written agreement with the CDJFS to
perform the department's duties of receiving and 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.
(13)
"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.
(14) "Emergency
services" means protective services furnished to an adult in an
emergency.
(15) "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.
(16) "Exploitation" means
the unlawful or improper act of a person using, in one or more transactions, an
adult or an adult's resources for monetary or personal benefit, profit or gain
when the person obtained or exerted control over the adult or the adult's
resources in any of the following ways:
(a)
Without the adult's consent or the consent of the person authorized to give
consent on the adult's behalf.
(b)
Beyond the scope of the express or implied consent of the adult or the person
authorized to give consent on the adult's behalf.
(c) By deception.
(d) By threat.
(e) By intimidation.
A person is an individual who is known to the adult subject through a familial and/or social relationship.
(17) "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.
(18) "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.
(19) "Independent living arrangement" means a
domicile of a person's own choosing, including, but not limited to, a private
home, apartment, trailer, or rooming house. "Independent living arrangement"
includes a residential facility licensed under section
5119.34
of the Revised Code that provides accommodations, supervision, and personal
care services for three to sixteen unrelated adults, but does not include any
other institution or facility licensed by the state or a facility in which a
person resides as a result of voluntary, civil, or criminal
commitment.
(20) "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.
(21) "Neglect" means any of the following:
(a) Failure of an adult to provide for self
the goods or services necessary to avoid physical harm, mental anguish, or
mental illness;
(b) Failure of a
caretaker to provide such goods or services;
(c) Abandonment.
(22) "Outpatient health facility" means a facility
where medical care and preventive, diagnostic, therapeutic, rehabilitative, or
palliative items or services are provided to outpatients by or under the
direction of a physician or dentist.
(23) "Peace officer"
means a peace officer as defined in section
2935.01
of the Revised Code.
(24) "Physical abuse"
means intentional use of physical force resulting in bodily injury, pain or
impairment.
(25) "Physical harm"
means bodily pain, injury, impairment or disease suffered by an
adult.
(26) "Principals of
the case" are the alleged adult victim or the adult subject of the report, the
caretaker of the alleged adult victim or adult subject of the report and the
alleged perpetrator.
(27) "Protective
services" means services provided by the CDJFS 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.
(28) "Reasonable
decisions" means decisions made in daily living that facilitate the provision
of food, shelter, clothing, and health care necessary for life
support.
(29) "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.
(30) "Report" means a
referral accepted to be investigated by the CDJFS as a result of a screening
decision.
(31) "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.
(32)
"Senior service provider" means a person who provides care or specialized
services to an adult, except that it does not include the state long-term care
ombudsman or a regional long-term care ombudsman.
(33) "Sexual abuse"
means nonconsensual sexual contact of any kind with an adult regardless of age
of the perpetrator.
(34) "Supervisor" as
used in rule
5101:2-20-07
of the Administrative Code means a person who is employed by the CDJFS or its
designee to oversee, direct or manage one or more workers employed by the
agency in an adult protective services capacity.
(35) "Validated
(substantiated)" means confirming evidence that substantiates or verifies the
allegation of abuse/self neglect/neglect/exploitation.
(36)
"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.
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