Current through all regulations passed and filed through March 18, 2024
(A) The county
department of job and family services (CDJFS) or its designee shall be
responsible for conducting an assessment/investigation on all reports of abuse,
neglect, or exploitation for adults age sixty and older, and shall evaluate the
need for adult protective services.
(B) The CDJFS or its designee shall do all of
the following:
(1) Attempt a face-to-face
visit with the alleged adult victim, preferably in the alleged adult victim's
own home without the interference of others. If face-to-face contact is not
possible, the reason(s) must be documented in the case record.
(2)
Provide
written notice of the intent to investigate and explain the notice in language
reasonably understandable to the adult who is the subject of the investigation
at the time of the initial interview, if notice was not
given at the time of initiation of the report pursuant to rule
5101:2-20-11
of the Administrative Code. The CDJFS or its designee shall arrange for
translator/interpreter services
if needed.
(3) Assess the risk to the adult who is
subject of a report, by considering the following factual information:
(a) The specific danger (abuse, neglect or
exploitation) and the degree of danger (physical or sexual harm, mental anguish
or mental illness) in the adult's living conditions.
(b) The personal vulnerability of the adult
which may include one or more of the following conditions:
(i) Handicap due to infirmities of
aging.
(ii) Physical or mental
impairments preventing the adult from providing for his or her own care without
the assistance of a caretaker.
(iii) The adult's understanding of his or her
current situation.
(iv) The adult's
feelings about his or her current living situation.
(c) The social vulnerability of the adult,
which may include one or more of the following conditions:
(i) The absence of a guardian, caretaker,
spouse, adult children, next of kin or friends.
(ii) The unlawful or improper act of a
caretaker using an adult or his or her resources for monetary or personal
benefit, profit or gain.
(iii) The
failure or inability of a caretaker or the adult to provide goods or services
necessary to avoid physical harm, mental anguish or mental illness.
(4) Interview other
known persons and/or agencies who may have knowledge of the abuse, neglect or
exploitation.
(5) Investigate
additional concerns regarding the adult victim that are discovered during the
initial investigation of suspected abuse, neglect and/or exploitation while the
CDJFS or its designee is actively involved with the adult.
(C) The CDJFS or its designee may request an
ex parte emergency protective services order under the following circumstances:
(1) An emergency exists.
(2) There is reasonable cause to believe that
the adult is incapacitated.
(3)
There is reasonable cause to believe that there is a substantial risk to the
adult of immediate and irreparable physical harm, immediate and irreparable
financial harm or death.
(D) The CDJFS or its designee may request an
emergency protective services order under the following circumstances:
(1) The adult is an incapacitated
person.
(2) An emergency
exists.
(3) No person authorized by
law or court order to give consent for the adult is available or willing to
consent to emergency services.
(4)
There is reasonable cause to believe that there is a substantial risk to the
adult of immediate and irreparable physical harm, immediate and irreparable
financial harm, or death.
(E) The CDJFS or its designee may request a
temporary protective services order at the ex parte order hearing or the
emergency protective services order hearing.
(F) The CDJFS or its designee may request the
following services through a court order for adult protective services:
(1) Evaluations.
(2) Emergency services order.
(3) The freezing of the adult's financial
assets.
(4) Orders requiring a
party to vacate the adult's place of residence or legal settlement.
(5) Restraining orders. If a restraining
order is issued due to the obstruction of or interference with the
investigation by any person, including the resident, the CDJFS or its designee
may request accompaniment to the residence by a peace officer.
(G) The investigation shall be
completed no later than thirty calendar days from the receipt of the report or
no later than forty-five days when additional information is needed to
determine a case disposition and the information could not be obtained within
the thirty day time frame.
(H) The
CDJFS or its designee shall request an extension of the time frame for
completing the case disposition if the CDJFS or its designee is unable to
complete specific assessment/investigative activities within thirty
calendar days. The justification for the extension
shall:
(1) Contain written justification for
not meeting the established time frame.
(2) Contain supervisory approval of the
written justification prior to the expiration of the established time
frame.
(3) Be maintained in the
case record.
(I) The
investigation shall not be considered complete until all additional concerns
that contribute to the risk of the adult are investigated and found to be
validated or not validated.
(J) An investigative report containing the
following information shall be placed in the case record in accordance with the
time frames outlined in paragraph (G) of this rule. The report shall include:
(1) A summary of the investigation/assessment
activities, dispositions and case opening disposition as specified in
paragraphs (B) to (F) of this rule.
(2) A determination as to whether the report
of abuse, neglect and/or exploitation is validated or
not
validated and the reason for this conclusion.
(3) Documentation of the service needs that
were identified and the referrals made to other social service agencies, if
applicable.
(4) Case opening
decision.
(5) Court filings if
required to complete investigation.