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Friday, December 20, 2002

Panel approves abuse reform plan



By Spencer Hunt
Enquirer Columbus Bureau

COLUMBUS - Laws meant to help safeguard children from abuse and neglect would be expanded to help protect mentally retarded Ohioans under a massive reform plan ordered by Gov. Bob Taft.

The proposals were approved Thursday by a 17-member task force of judges, prosecutors, police and county officials.

They are in response to an investigation by The Cincinnati Enquirer that revealed the state mental retardation system routinely fails to prevent deaths, correct problems or enforce minimum standards of care.

The Enquirer also found that caregivers who abuse mentally retarded people are rarely punished.

Although Mr. Taft hasn't seen the panel's final plan, he said he will urge lawmakers to pass them when they convene a new legislative session this January.

"The task force has done a good job. Its recommendations will be one of our highest priorities," Mr. Taft said.

The proposals, many of which must first pass the General Assembly, would revise the state's criminal code and grant county officials new powers to combat abuse and arrest suspects.

In many cases, task force members took ideas from laws intended to help prosecute child abusers.

Under the plan, for example, prosecutors could videotape a mentally retarded victim's statements and use them as testimony in court. In cases where a victim is unable to speak on his own behalf, the court could appoint an interpreter.

Anyone caught failing to report abuse or leaving a mentally retarded person alone in a dangerous situation would face misdemeanor criminal charges similar to those filed in child abuse and endangerment cases.

County officials who fear a mentally retarded person's health or life is in serious jeopardy could ask a probate court judge to immediately remove that person from his home.

Ohio's 88 county boards of mental retardation also would be required to draw up written agreements with county prosecutors, courts and police that spell out each agency's responsibilities.

"I think this is a great first step," said Monique Shafer, a Columbus police detective who investigates crimes involving mentally retarded victims.

"I think we finally have the right forum to get these things accomplished."

Greg White, a Lorain County prosecutor who led the task force, said he hopes lawmakers can find a way to balance mentally retarded Ohioans' rights against the state's desire to protect them from harm.

"I think all of these recommendations will pass the Legislature," Mr. White said. "The legal system will be made more friendly to victims with disabilities."

Mr. Taft said he wants to revive a reform proposal that would let state health officials fine nursing homes for the mentally retarded in abuse and neglect cases.

Lawmakers balked at the idea of fining homes for the mentally retarded in a reform bill that passed the General Assembly this month after groups representing the homes said that was unfair.

"I was very disappointed fines were not included," Mr. Taft said. "I think the ability to fine is an important tool and should be included in the next reform bill."

Reporter Debra Jasper contributed.

E-mail shunt@enquirer.com




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