Senate Passes Reynolds and Cirino Bill Supporting Adults with a Developmental Disability

COLUMBUS—Following unanimous approval in the Senate Judiciary Committee, the Ohio Senate unanimously passed Senate Bill 35 jointly sponsored by Senators Michele Reynolds (R-Canal Winchester) and Jerry Cirino (R-Kirtland). The legislation recognizes supported decision-making as an alternative to guardianship for adults with a developmental disability.

"The fundamental principle underlying this bill is that all adults with developmental disabilities are capable of making their own decisions and managing their affairs, unless determined by the court," said Senator Reynolds. "Many adults with developmental disabilities can make sound decisions when provided with proper support and accommodation. By empowering Ohioans with developmental disabilities to make their own choices, we help ensure that they have the support needed to best make decisions about their own lives."

"All of us look to family members and friends for help with decisions at different points in our lives; this bill allows adults with developmental disabilities to do the same thing," said Senator Cirino. "Supported decision-making protects adults with developmental disabilities from exploitation because they are able to maintain control over their own lives. The provisions included in this bill help to maximize the state’s guardianship resources for those who truly need them."

Senate Bill 35 establishes in Ohio law that all adults with development disabilities are presumed capable of making decisions about their lives and activities of daily living and are competent to handle their own affairs, unless otherwise determined by a court.

Supported decision-making is the process of supporting and accommodating an adult with a developmental disability who is making, communicating, or implementing the adult’s own life decisions without impeding the adult’s self-determination. A written supported decision-making plan must be signed and acknowledged by the principal voluntarily, without coercion or undue influence.

The bill also requires the Ohio Department of Developmental Disabilities to create a standard written supported decision-making plan that can be used by a principal and one or more supporters.