1744.12 RESIDENTS' FUNDS/PROPERTY.
(a) Except where prohibited by law, all money or property held in safe-keeping shall be held pursuant to the Ohio Administrative Code Section 3701-20-21-C. The residents' fund and valuables records shall indicate the date and receipt number of all deposits and disbursals; and the amount and description of monies, valuables, or both, given for safekeeping for each resident.
(b) A group home shall not coerce, induce, or prompt a resident to assign, transfer, give, or sign over to the facility money, valuables, insurance benefits, property, or anything of value other than payment for services rendered by the facility.
(1) If a resident or his or her legal representative requests that the facility manage the resident's funds and the facility agrees to do so, the facility shall deposit any amount of money in excess of two hundred dollars ($200.00) in an interest-bearing account separate from the home's operating accounts. A resident's money amounting to fifty dollars ($50.00) or less may be kept either in a petty cash fund or in an interest-bearing account for the resident. Residents' funds kept in a petty cash fund shall be kept in individual envelopes marked with each resident's name.
(2) A resident's valuables, including money, given to the facility for safekeeping shall be kept in a separate envelope or container marked with the resident's name and shall be safeguarded against loss or theft. The resident shall have access to the valuables at all reasonable times.
(3) If the facility takes responsibility for a resident's money or other valuables, the facility shall provide the resident with a receipt for any item or service purchased for the resident. At least quarterly, the facility shall provide the resident with a written statement regarding the status of his or her property. The facility shall provide a resident with a final accounting and return all of the resident's property to him or her at the time of permanent transfer or discharge. Upon the death of a resident, the facility shall return all of the resident's property to the individual administering the resident's estate.
(4) No owner, manager, or facility staff member shall be the legal guardian of a resident, unless the individual was appointed guardian prior to the effective date of this section, or was appointed by court order notwithstanding the effective date of this section, or holds a notarized power of attorney for a resident prior to the effective date of this section.
(c) Each home shall show proof of liability insurance in an amount not less than one hundred thousand dollars ($100,000); and each home that manages the financial affairs of residents shall secure additional coverage, or otherwise provide assurance satisfactory to the Health Commissioner to assure the security of all residents' funds managed by the home.
(Ord. 98-88. Passed 3-4-98.)