Effective: September 29, 2018
Latest Legislation: House Bill 49 - 132nd General Assembly
(A) The court shall hold a hearing on the petition as provided in section 5101.68 of the Revised Code within fourteen days after its filing. The adult who is the subject of the petition shall have the right to be present at the hearing, present evidence, and examine and cross-examine witnesses. The adult shall be represented by counsel unless the right to counsel is knowingly waived. If the adult is indigent, the court shall appoint counsel to represent the adult. If the court determines that the adult lacks the capacity to waive the right to counsel, the court shall appoint counsel to represent the adult's interests.
(B) If the court finds, on the basis of clear and convincing evidence, that the adult has been abused, neglected, or exploited, is in need of protective services, and is incapacitated, and no person authorized by law or by court order is available to give consent, it shall issue an order requiring the provision of protective services only if they are available locally.
(C) If the court orders placement under this section it shall give consideration to the choice of residence of the adult. The court may order placement in settings which have been approved by the department of job and family services as meeting at least minimum community standards for safety, security, and the requirements of daily living. The court shall not order an institutional placement unless it has made a specific finding entered in the record that no less restrictive alternative can be found to meet the needs of the individual. No individual may be committed to a hospital or public hospital as defined in section 5122.01 of the Revised Code pursuant to this section.
(D) The placement of an adult pursuant to court order as provided in this section shall not be changed unless the court authorized the transfer of placement after finding compelling reasons to justify the transfer. Unless the court finds that an emergency exists, the court shall notify the adult of a transfer at least thirty days prior to the actual transfer.
(E) A court order provided for in this section shall remain in effect for no longer than six months. Thereafter, the county department of job and family services shall review the adult's need for continued services and, if the department determines that there is a continued need, it shall apply for a renewal of the order for additional periods of no longer than one year each. The adult who is the subject of the court-ordered services may petition for modification of the order at any time.
Structure Ohio Revised Code
Chapter 5101 | Department of Job and Family Services- General Provisions
Section 5101.02 | Authority of Director of Job and Family Services.
Section 5101.03 | Assistant Directors - Powers and Duties.
Section 5101.04 | Contract With Commercial Consumer Reporting Agency.
Section 5101.041 | Data Matching Agreements.
Section 5101.05 | Appointing Employees.
Section 5101.051 | Filling Positions With Peculiar and Exceptional Qualifications.
Section 5101.06 | Establishing Work Units.
Section 5101.061 | Office of Human Services Innovation.
Section 5101.07 | Support Services Federal Operating Fund.
Section 5101.071 | Support Services State Operating Fund.
Section 5101.072 | Human Services Projects Fund.
Section 5101.073 | Odjfs General Services Administration and Operating Fund.
Section 5101.074 | Disposition of Refunds.
Section 5101.08 | Fidelity Bonds.
Section 5101.09 | Adopting Rules.
Section 5101.10 | Expending Funds.
Section 5101.101 | Order of Priority for Distribution of Funds for Family Planning Services.
Section 5101.111 | Foundation Grant Fund.
Section 5101.12 | Maximizing Receipt of Federal Revenue.
Section 5101.13 | Uniform Statewide Automated Child Welfare Information System.
Section 5101.131 | Child Welfare System Information Confidential.
Section 5101.132 | Access to Child Welfare System Information.
Section 5101.133 | Use and Disclosure of System Information Restricted.
Section 5101.134 | Rules Governing Private Agency Use of System Information.
Section 5101.135 | Shaken Baby Syndrome Notation in Child Abuse Report.
Section 5101.14 | Payments to Counties for Part of Their Costs for Children Services.
Section 5101.141 | Administering Federal Payments for Foster Care and Adoption Assistance.
Section 5101.143 | State Adoption Assistance Loan Fund.
Section 5101.144 | Children Services Fund.
Section 5101.146 | Establishing Penalties for Noncompliance With Fiscal Accountability Procedures.
Section 5101.147 | Notification of Agency's Noncompliance With Fiscal Accountability Procedures.
Section 5101.148 | No Unnecessarily Removal of Children From Certified Foster Homes.
Section 5101.149 | Prohibiting Personal Loans.
Section 5101.1410 | Certifying a Claim.
Section 5101.1411 | Federal Payments for Foster Care and Adoption Assistance.
Section 5101.1412 | Voluntary Participation Agreement for Child's Care and Placement.
Section 5101.1413 | Payment of Nonfederal Share.
Section 5101.1414 | Adoption of Rules.
Section 5101.1415 | Person Eligible for Temporary or Permanent Custody Until Age Twenty-One.
Section 5101.1416 | Kinship Guardianship Assistance.
Section 5101.1418 | Post-Adoption Special Services Subsidy Payments.
Section 5101.15 | Schedule of Reimbursement.
Section 5101.16 | Paying County Share of Public Assistance Expenditures.
Section 5101.161 | Public Assistance Fund.
Section 5101.163 | Increase in County Share of Public Assistance Expenditures.
Section 5101.17 | Payments Made Under Economic Opportunity Act Not Regarded as Income or Resources.
Section 5101.181 | Matching Agency Records to Determine Overpayment of Public Assistance.
Section 5101.182 | Matching Income Tax Returns to Determine Overpayment of Public Assistance.
Section 5101.184 | Collecting Overpayments of Assistance From State and Federal Income Tax Refunds.
Section 5101.20 | Grant Agreements for Workforce Development Activities.
Section 5101.21 | Written Grant Agreements Between Director and County.
Section 5101.212 | Duty of Religious Organization Contracting With Department.
Section 5101.215 | Agreements With Religious Organization.
Section 5101.216 | Written Operational Agreements With County for Family Service Duties.
Section 5101.22 | Establishing Performance and Administrative Standards for County Agencies.
Section 5101.221 | County Family Services Agency Corrective Action Plan.
Section 5101.222 | Administrative Rules.
Section 5101.23 | Providing Incentive Awards to County Agencies.
Section 5101.24 | Actions for Failure to Meet Performance Standards.
Section 5101.242 | Certification of Claim to Recover Funds.
Section 5101.243 | Administrative Rules.
Section 5101.244 | Adjustment to Recover Expenditures Exceeding Allowable Amount.
Section 5101.25 | Developing Annual Training Goals and Model Training Curriculum.
Section 5101.26 | Disclosure of Information Definitions.
Section 5101.27 | Restricting Disclosure of Information Regarding Public Assistance Recipients.
Section 5101.272 | Authorization Form.
Section 5101.273 | Membership in the Public Assistance Reporting Information System.
Section 5101.29 | Certain Day-Care Records Not Subject to Public Records Law.
Section 5101.30 | Rules for Conditions and Procedures for the Release of Information.
Section 5101.32 | Procedures and Formats for Rc 109.5721 Notices.
Section 5101.33 | Electronic Benefit Transfers.
Section 5101.34 | Ohio Commission on Fatherhood.
Section 5101.341 | Chairperson; Executive Director; Staff; Funding.
Section 5101.342 | State Summits on Fatherhood.
Section 5101.343 | Exemption From Sunset Review.
Section 5101.351 | Hearing Officers.
Section 5101.38 | Appointment of Agents.
Section 5101.44 | Ohio Welfare Conference.
Section 5101.45 | Conference Expenses.
Section 5101.461 | Use of Title Iv-a Funds for Title XX Social Services.
Section 5101.47 | Administrative Activities for Certain Programs.
Section 5101.48 | Distributing Food Commodities.
Section 5101.54 | Administering Food Stamp Program.
Section 5101.541 | Food Stamp Program Fund.
Section 5101.542 | Electronic Benefit Transfer Card.
Section 5101.544 | Failure of Household Member to Perform Required Action.
Section 5101.545 | Application to Participate in Elderly Simplified Application Project.
Section 5101.56 | Use of State or Local Funds for Abortion Services.
Section 5101.57 | Use of Public Facilities for Nontheurapeutic Abortions Prohibited.
Section 5101.60 | Adult Protective Services Definitions.
Section 5101.61 | Implementing Adult Protective Services.
Section 5101.611 | Reimbursing Costs of Providing Services.
Section 5101.62 | Training Program.
Section 5101.63 | Reporting Abuse, Neglect or Exploitation of Adult.
Section 5101.631 | Uniform Statewide Automated Adult Protective Services Information System.
Section 5101.632 | Access to Educational Materials.
Section 5101.64 | Referring Cases of Abuse.
Section 5101.65 | Investigations.
Section 5101.651 | Temporary Restraining Order.
Section 5101.652 | Authority to Contract With Other Entities to Perform Certain Duties.
Section 5101.66 | Request or Consent to Receiving Protective Services.
Section 5101.68 | Petitioning for Court Order to Provide Protective Services.
Section 5101.681 | Notice of Petition.
Section 5101.70 | Emergency Order.
Section 5101.701 | Ex Parte Emergency Order Authorizing Provision of Protective Services.
Section 5101.71 | Evaluating Ability to Pay for Services.
Section 5101.73 | Denial or Obstruction of Access to Adult Victim's Residence.
Section 5101.74 | Elder Abuse Commission.
Section 5101.741 | Duties of Commission.
Section 5101.76 | Procurement of Epinephrine Autoinjectors for Camps.
Section 5101.77 | Procurement of Inhalers for Camps.
Section 5101.78 | Procurement of Glucagon, Qualified Immunity - Camps.
Section 5101.80 | Administering Title Iv-a of the Social Security Act.
Section 5101.801 | Benefits and Services That Are Not Defined as Assistance.
Section 5101.802 | Kinship Permanency Incentive Program.
Section 5101.803 | Title Iv-a Demonstration Program.
Section 5101.804 | Ohio Parenting and Pregnancy Program.
Section 5101.806 | Tanf Spending Plan.
Section 5101.81 | Examination of Title Iv-a State Plan by Legislature.
Section 5101.82 | Title Iv-a Reserve Fund.
Section 5101.821 | Tanf Federal Fund.
Section 5101.83 | Repaying Fraudulent Assistance.
Section 5101.84 | Eligibility for Aid.
Section 5101.85 | Kinship Caregiver Defined.
Section 5101.851 | Statewide Kinship Care Navigator Program.
Section 5101.853 | Establishment of Regions.
Section 5101.854 | Content of Program for Kinship Caregivers.
Section 5101.855 | Adoption of Rules.
Section 5101.856 | Funding for Kinship Care Navigator Program.
Section 5101.86 | Adult Emergency Assistance Program.
Section 5101.87 | Victims of Human Trafficking Fund.
Section 5101.88 | Kinship Support Program Definitions.
Section 5101.881 | Kinship Support Program Established and Administered.
Section 5101.884 | Kinship Caregivers Eligible for Payments.
Section 5101.885 | Payment Amount.
Section 5101.886 | Payments Time-Limited.
Section 5101.887 | Conditions Requiring Payments to Cease.
Section 5101.889 | Foster Care Maintenance Payments for Kinship Caregiver Certified as Foster Home.
Section 5101.8811 | Kinship Support Program Rules.
Section 5101.8812 | Inalienability of Benefits.
Section 5101.89 | Youth and Family Ombudsman Office Definitions.
Section 5101.891 | Youth and Family Ombudsman Office.
Section 5101.892 | Office Duties; Annual Report.
Section 5101.893 | Evaluation of Annual Report.
Section 5101.894 | Reporting Suspected Violations of State Law.
Section 5101.895 | Office Administration.
Section 5101.897 | Employee Prohibitions.
Section 5101.899 | Record Access and Confidentiality.
Section 5101.93 | Warning, Explanation for Failure to Report Violation Involving a Companion Animal.