2006 Ohio Revised Code - [5126.05.8] 5126.058.Memorandum of understanding setting forth normal operating procedure concerning reports of abuse, neglect, or exploitation.

[§ 5126.05.8] § 5126.058. Memorandum of understanding setting forth normal operating procedure concerning reports of abuse, neglect, or exploitation.
 

(A)  Each county board of mental retardation and developmental disabilities shall prepare a memorandum of understanding that is developed by all of the following and that is signed by the persons identified in divisions (A)(2) to (7) of this section: 

(1) The senior probate judge of the county or the senior probate judge's representative; 

(2) The county peace officer; 

(3) All chief municipal peace officers within the county; 

(4) Other law enforcement officers handling abuse, neglect, and exploitation of mentally retarded and developmentally disabled persons in the county; 

(5) The prosecuting attorney of the county; 

(6) The public children services agency; 

(7) The coroner of the county. 

(B)  A memorandum of understanding shall set forth the normal operating procedure to be employed by all concerned officials in the execution of their respective responsibilities under this section and sections 313.12, 2151.421 [2151.42.1], 2903.16, 5126.31, and 5126.33 of the Revised Code and shall have as its primary goal the elimination of all unnecessary interviews of persons who are the subject of reports made pursuant to this section. A failure to follow the procedure set forth in the memorandum by the concerned officials is not grounds for, and shall not result in, the dismissal of any charge or complaint arising from any reported case of abuse, neglect, or exploitation or the suppression of any evidence obtained as a result of any reported abuse, neglect, or exploitation and does not give any rights or grounds for appeal or post-conviction relief to any person. 

(C)  A memorandum of understanding shall include, but is not limited to, all of the following: 

(1) The roles and responsibilities for handling emergency and nonemergency cases of abuse, neglect, or exploitation; 

(2) The roles and responsibilities for handling and coordinating investigations of reported cases of abuse, neglect, or exploitation and methods to be used in interviewing the person who is the subject of the report and who allegedly was abused, neglected, or exploited; 

(3) The roles and responsibilities for addressing the categories of persons who may interview the person who is the subject of the report and who allegedly was abused, neglected, or exploited; 

(4) The roles and responsibilities for providing victim services to mentally retarded and developmentally disabled persons pursuant to Chapter 2930. of the Revised Code; 

(5) The roles and responsibilities for the filing of criminal charges against persons alleged to have abused, neglected, or exploited mentally retarded or developmentally disabled persons. 

(D)  A memorandum of understanding may be signed by victim advocates, municipal court judges, municipal prosecutors, and any other person whose participation furthers the goals of a memorandum of understanding, as set forth in this section. 
 

HISTORY: 150 v S 178, § 1, eff. 1-30-04; 151 v S 10, § 1, eff. 9-5-05.
 

Not analogous to former RC § 5126.058 (143 v H 569), repealed, 146 v H 629, § 2, eff 3-13-97.

 

Effect of Amendments

151 v S 10, effective September 5, 2005, in (A)(1), substituted "The senior" for "If there is only one probate judge in the county, the", and inserted "senior"; deleted (A)(2), pertaining to the signing of a memorandum of understanding if there is more than one probate judge in the county, and redesignated the remaining subdivisions accordingly; and corrected internal references.