SB 35 — Regards supported decision-making for certain disabled adults

As ReportedPassed by the Senate Judiciary Committee 136th General Assembly Regular Session Sub.

Senators Wilkin, ManningManning, Antonio, Blackshear, Craig, DeMora, Gavarone, Hicks-Hudson, Huffman, Ingram, Johnson, Liston, O'Brien, Patton, Reineke, Roegner, Schaffer, Smith, Timken, Weinstein, Wilson To enact sections 5123.68, 5123.681, 5123.682, 1 5123.683, 5123.684, 5123.685, and 5123.686 of 2 the Revised Code to establish supported 3 decision-making as a less restrictive 4 alternative to guardianship for adults with 5 developmental disabilities.

14 (B) "Supported decision-making" means the process of 15 supporting and accommodating an adult with a developmental 16 disability who is making, communicating, or implementing the 17 adult'sSub. own life decisions without impeding the adult's self- 18 determination.

19 Sub.

35 Page 2 As ReportedPassed by the Senate Judiciaryadult's Committeeown "Supportedlife decision-making"decisions maywithout includeimpeding any matter 20 impacting the adult's life.self- 18 determination.

19 "Supported decision-making" may include any matter 20 impacting the adult's life.

The 45 adult's choice to act independently of the plan or a supporter 46 isSub. not evidence of incapacity and shall not be used as such.

47 (E) Evidence that an adult with a developmental disability 48 Sub.

35 Page 3 As ReportedPassed by the Senate Judiciaryis Committeenot usesevidence supportedof decision-makingincapacity mayand shall not be presentedused as asuch. less 49 restrictive alternative to guardianship pursuant to division (C) 50 (5) of section 2111.02 of the Revised Code.

47 (E) Evidence that an adult with a developmental disability 48 uses supported decision-making may be presented as a less 49 restrictive alternative to guardianship pursuant to division (C) 50 (5) of section 2111.02 of the Revised Code.

73 (c)Sub. Social service, medical service, and financial service 74 professionals and other professionals likely to encounter 75 supported decision-making plans;

76 Sub.

35 Page 4 As ReportedPassed by the Senate Judiciary(c) CommitteeSocial (d)service, Themedical generalservice, public.and financial service 74 professionals and other professionals likely to encounter 75 supported decision-making plans;

76 (d) The general public.

100 (5) Understanding the principal's personal values, 101 beliefs, and preferences, including the principal's cultural, 102 ethnic, or religious heritage, and using this information to 103 Sub.

35 Page 5 As ReportedPassed by the Senate Judiciary(5) CommitteeUnderstanding the principal's personal values, 101 beliefs, and preferences, including the principal's cultural, 102 ethnic, or religious heritage, and using this information to 103 advocate for the implementation of the principal's wishes and 104 decisions;

128 (E)(1) In the event the supporter has a conflict of 129 interestSub. or potential conflict of interest in a decision made by 130 the principal, the supporter shall do both of the following:

131 Sub.

35 Page 6 As ReportedPassed by the Senate Judiciaryinterest Committeeor (a)potential Fully disclose the conflict of interest toin thea 132decision principalmade andby any130 otherthe membersprincipal, of the principal'ssupporter supportshall team,do 133both includingof athe servicefollowing: and support administrator or a qualified 134 intellectual disability professional;

131 (a) Fully disclose the conflict of interest to the 132 principal and any other members of the principal's support team, 133 including a service and support administrator or a qualified 134 intellectual disability professional;

157 (1) The supported decision-making plan has been modified 158 orSub. ended pursuant to section 5123.685 of the Revised Code.

159 (2) The principal has not authorized the supporter to 160 Sub.

35 Page 7 As ReportedPassed by the Senate Judiciaryor Committeeended engagepursuant into thesection specific5123.685 actionof taken.the Revised Code.

159 (2) The principal has not authorized the supporter to 160 engage in the specific action taken.