Ohio Administrative Code
Title 5101:9 - ODJFS Practices
Chapter 5101:9-14 - Adult Social Services Programs
Section 5101:9-14-02 - Adult protective services automated reporting system
Universal Citation: OH Admin Code 5101:9-14-02
Current through all regulations passed and filed through March 18, 2024
(A) The following definitions apply to this rule.
(1) "Abuse" means the infliction upon
an adult by the adult or others of injury, unreasonable confinement,
intimidation or cruel punishment with resulting physical harm, pain, or mental
anguish.
(2) "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. An "independent living
arrangement" is a domicile of a person's own choosing, including, but not
limited to, a private home, apartment, trailer, or rooming house. An
"independent living arrangement" includes
a residential facility licensed under section
5119.22
of the Revised
Code that provides accomodations, supervison, and
personal care services for three to sixteen unrelated adults, but does not
include other institutions or facilities licensed by the state for or
facilities in which a person resides as a result of voluntary, civil, or
criminal commitment.
(3) "Adult
Protective Services" (APS) 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
(A)(10)
of this rule.
(4) "Designated
Agency" means an agency designated through a contract/written agreement with
the county department of job and family services (CDJFS) to perform the duties
of 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.
(5) "Emergency" means that the adult is
living in conditions which present a substantial risk of immediate and
irreparable physical harm or death to the adult or any other person.
(6) "Emotional Abuse" means to threaten,
humiliate, intimidate, or psychologically harm an adult. This includes the
violation of an adult's right to make decisions and loss of privacy.
(7) "Exploitation" means the unlawful or
improper act of a caretaker using an adult or his/her resources for monetary or
personal benefit, profit or gain.
(8) "Neglect" means failure of an adult to
provide for his or her own goods or services necessary to avoid physical harm,
mental anguish, or mental illness or the failure of a caretaker to provide such
goods or services.
(9) "Physical
Abuse" means intentional use of physical force that results in bodily injury,
pain or impairment.
(10)
"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:
(a) Case work services.
(b) Medical care.
(c) Mental health services.
(d) Legal services.
(e) Fiscal management.
(f) Home health care.
(g) Homemaker services.
(h) Housing-related services.
(i) Guardianship services.
(j) Placement services.
(k) Commodities.
(i) Food.
(ii) Clothing.
(iii) Shelter.
(11) "Report" 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.
(12) "Sexual Abuse"
means nonconsensual sexual contact of any kind with an adult regardless of age
of the perpetrator.
(B) Pursuant to division (B) of section 5101.72 of the Revised Code, each CDJFS or the designated agency shall be required to collect and submit data to the Ohio department of job and family services (ODJFS) on information concerning the implementation of sections 5101.60 to 5101.72 of the Revised Code.
(C) The CDJFS or the designated agency shall enter the following information for each report of elder abuse, neglect, or exploitation into the APS case incident reporting system database maintained by ODJFS:
(1)
Report received date.
(2) Emergency
case data.
(3) Client
name.
(4) Client address.
(5) Client age.
(6) Client gender.
(7) Client race.
(8) Client living arrangement.
(9) Primary allegation.
(a) Physical abuse.
(b) Emotional abuse.
(c) Sexual abuse.
(d) Self neglect.
(e) Neglected by others.
(f) Exploitation.
(10) Secondary finding (if
applicable).
(11) Perpetrator
relationship to the client.
(12)
Perpetrator living arrangement.
(13) Law enforcement intervention.
(14) Court intervention.
(15) Allegation/finding results (case
disposition).
(D) The CDJFS or the designated agency shall enter the case disposition into the automated reporting system no later than thirty days from the receipt of the report or no later than forty-five days when additional information is needed to determine a case disposition which could not be obtained within the thirty day timeframe.
Disclaimer: These regulations may not be the most recent version. Ohio may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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