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

Current through all regulations passed and filed through July 1, 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.