2006 Ohio Revised Code - 5126.30. Definitions.

§ 5126.30. Definitions.
 

As used in sections 5126.30 to 5126.34 of the Revised Code: 

(A) "Adult" means a person eighteen years of age or older with mental retardation or a developmental disability. 

(B) "Caretaker" means a person who is responsible for the care of an adult by order of a court, including an order of guardianship, or who assumes the responsibility for the care of an adult as a volunteer, as a family member, by contract, or by the acceptance of payment for care. 

(C) "Abuse" has the same meaning as in section 5123.50 of the Revised Code, except that it includes a misappropriation, as defined in that section. 

(D) "Neglect" has the same meaning as in section 5123.50 of the Revised Code. 

(E) "Exploitation" means the unlawful or improper act of a caretaker using an adult or an adult's resources for monetary or personal benefit, profit, or gain, including misappropriation, as defined in section 5123.50 of the Revised Code, of an adult's resources. 

(F) "Working day" means Monday, Tuesday, Wednesday, Thursday, or Friday, except when that day is a holiday as defined in section 1.14 of the Revised Code. 

(G) "Incapacitated" means lacking understanding or capacity, with or without the assistance of a caretaker, to make and carry out decisions regarding food, clothing, shelter, health care, or other necessities, but does not include mere refusal to consent to the provision of services. 

(H) "Emergency protective services" means protective services furnished to a person with mental retardation or a developmental disability to prevent immediate physical harm. 

(I) "Protective services" means services provided by the county board of mental retardation and developmental disabilities to an adult with mental retardation or a developmental disability for the prevention, correction, or discontinuance of an act of as well as conditions resulting from abuse, neglect, or exploitation. 

(J) "Protective service plan" means an individualized plan developed by the county board of mental retardation and developmental disabilities to prevent the further abuse, neglect, or exploitation of an adult with mental retardation or a developmental disability. 

(K) "Substantial risk" has the same meaning as in section 2901.01 of the Revised Code. 

(L) "Party" means all of the following: 

(1) An adult who is the subject of a probate proceeding under sections 5126.30 to 5126.33 of the Revised Code; 

(2) A caretaker, unless otherwise ordered by the probate court; 

(3) Any other person designated as a party by the probate court including but not limited to, the adult's spouse, custodian, guardian, or parent. 

(M) "Board" means a county board of mental retardation and developmental disabilities. 
 

HISTORY: 142 v H 403 (Eff 3-16-89); 148 v S 171 (Eff 11-22-2000); 149 v S 191. Eff 3-31-2003; 150 v S 178, § 1, eff. 1-30-04; 151 v S 10, § 1, eff. 9-5-05.

 

Effect of Amendments

151 v S 10, effective September 5, 2005, rewrote (M). 

S.B. 178, Acts 2004, effective January 30, 2004, inserted (E) and redesignated the remaining subsections accordingly; and added (H) through (M).