Ohio Code 5126.30 – Protective services for adults with developmental disability definitions
As used in sections 5126.30 to 5126.34 of the Revised Code:
Terms Used In Ohio Code 5126.30
- adult: means an individual who is eighteen years of age or over and not enrolled in a program or service under Chapter 3323 of the Revised Code and an individual sixteen or seventeen years of age who is eligible for adult services under rules adopted by the director of developmental disabilities pursuant to Chapter 119 of the Revised Code. See Ohio Code 5126.01
- Contract: A legal written agreement that becomes binding when signed.
- Developmental disability: includes intellectual disability. See Ohio Code 5126.01
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Person: includes an individual, corporation, business trust, estate, trust, partnership, and association. See Ohio Code 1.59
- Probate: Proving a will
- Resources: means available capital and other assets, including moneys received from the federal, state, and local governments, private grants, and donations; appropriately qualified personnel; and appropriate capital facilities and equipment. See Ohio Code 5126.01
(A) “Adult” means a person eighteen years of age or older with 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 an individual with a developmental disability to prevent immediate physical harm.
(I) “Protective services” means services provided by the county board of developmental disabilities to an adult with 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 developmental disabilities to prevent the further abuse, neglect, or exploitation of an adult with 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.