Ohio Revised Code Search
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Section 5120.19 | Cultivating lands - transactions between institutions.
...(A) The department of rehabilitation and correction, in accordance with rules adopted pursuant to division (B) of section 5145.03 of the Revised Code, shall determine and direct what lands belonging to institutions under its control shall be cultivated, the crops to be raised, and the use to be made of the land and crops, and may distribute the products among the different institutions. If the crops are distributed t... |
Section 5120.20 | Cooperative tests by agriculture and health departments.
... agriculture, department of health, and Ohio state university shall cooperate with the department of rehabilitation and correction in making such cooperative tests as are necessary to determine the quality, strength, and purity of supplies, the value and use of farm lands, or conditions and needs of mechanical equipment. |
Section 5120.21 | Records.
...(A) The department of rehabilitation and correction shall keep in its office, accessible only to its employees, except by the consent of the department or the order of the judge of a court of record, and except as provided in division (C) of this section, a record showing the name, residence, sex, age, nativity, occupation, condition, and date of entrance or commitment of every inmate in the several institutions gove... |
Section 5120.211 | Quality assurance records are confidential.
... appointed in the central office of the department of rehabilitation and correction by the director of rehabilitation and correction, a committee appointed at a state correctional institution by the managing officer of the institution, or a duly authorized subcommittee of a committee of that nature and that is designated to carry out quality assurance program activities. (2) "Quality assurance program" means a compr... |
Section 5120.212 | Data matching agreements.
...ection 5120.21 of the Revised Code, the department of rehabilitation and correction shall share the records described in that division with the director of job and family services to the extent necessary to effectuate the data matching agreements required under sections 4141.287 and 5101.041 of the Revised Code. |
Section 5120.22 | Division of business administration - property management duties.
...e institutions under the control of the department of rehabilitation and correction, the methods of bookkeeping and storekeeping, and all matters relating to the management of such property. The division shall study and become familiar with the advantages and disadvantages of each as to location, freight rates, and efficiency of farm and equipment, for the purpose of aiding in the determination of the local and gener... |
Section 5120.23 | Estimates of required supplies.
...e services and agricultural fund or the Ohio penal industries manufacturing fund created pursuant to section 5120.29 of the Revised Code and shall be used and accounted for as provided in that section. |
Section 5120.24 | Purchasing supplies.
...The department of administrative services shall purchase all supplies needed for the proper support and maintenance of the institutions under the control of the department of rehabilitation and correction in accordance with the competitive selection procedures of Chapter 125. of the Revised Code and such rules as the department of administrative services adopts. All bids shall be publicly opened on the day and hour a... |
Section 5120.25 | Books and accounts.
...uch service when an itemized account is filed and approved. |
Section 5120.26 | Funds.
...all funds under the jurisdiction of the department of rehabilitation and correction and shall pay out the funds only in accordance with this chapter. (B) The department shall cause to be furnished a contract of indemnity to cover all moneys and funds received by it or by its managing officers, employees, or agents while the moneys or funds are in the possession of the managing officers, employees, or agents. The fun... |
Section 5120.27 | Industries carried on by institutions.
...The department of rehabilitation and correction may assign, among the correctional and penal institutions under its control and in accordance with the rules adopted pursuant to division (B) of section 5145.03 of the Revised Code, the industries to be carried on by the institutions, having due regard to the location and convenience of the industries, other institutions to be supplied, to the machinery in the instituti... |
Section 5120.28 | Fixing prices for labor and services.
...nstitutions shall be deposited into the Ohio penal industries manufacturing fund created pursuant to division (B) of section 5120.29 of the Revised Code and shall be used and accounted for as provided in that section and division (B) of section 5145.03 of the Revised Code. |
Section 5120.29 | Institutional services fund; Ohio penal industries manufacturing fund.
...eby created, in the state treasury, the Ohio penal industries manufacturing fund, which shall be used for the: (1) Purchase of material, supplies, and equipment and the erection and extension of buildings used in manufacturing industries and agriculture; (2) Purchase of lands and buildings necessary to carry on or extend the manufacturing industries and agriculture upon the approval of the governor; (3) Payme... |
Section 5120.30 | Investigations.
...The department of rehabilitation and correction may make any investigations that are necessary in the performance of its duties, and to that end the director of rehabilitation and correction shall have the same power as a judge of a county court to administer oaths and to enforce the attendance and testimony of witnesses and the production of books or papers. The department shall keep a record of the investig... |
Section 5120.31 | Appointing special agents and persons.
...The department of rehabilitation and correction may appoint and commission any competent agency or person, to serve without compensation, as a special agent, investigator, or representative to perform a designated duty for and in behalf of the department. Specific credentials shall be given by the department to each person so designated, and each credential shall state: (A) The name; (B) Agency with which such pers... |
Section 5120.32 | Annual report.
...In its annual report, the department of rehabilitation and correction shall include a complete financial statement of the various institutions under its control. The report shall state, as to each such institution, whether: (A) The moneys appropriated have been economically and judiciously expended; (B) The objects of the several institutions have been accomplished; (C) The laws in relation to such institutions ha... |
Section 5120.33 | Listing employees.
...The annual report of the department of rehabilitation and correction shall include a list of the officers and agents employed, and the condition of the state institutions under its control. Such report may include statistics and information in regard to correctional institutions of this or other states. |
Section 5120.331 | Annual report of inmate time served and releases.
...e first day of April of each year, the department of rehabilitation and correction shall prepare an annual report covering the preceding calendar year that does all of the following: (1) Indicates the total number of persons sentenced to any institution, division, or place under its control and management who are delivered within that calendar year to its custody and control; (2) Indicates the total number o... |
Section 5120.34 | Nonpartisan management of institutions.
...Sec. 5120.34. The department of rehabilitation and correction shall make rules for the nonpartisan management of the institutions under its control. Any officer or employee of the department or any officer or employee of any institution under its control, who, by solicitation or otherwise, exerts his influence, directly or indirectly, to induce any other officer or employee of any such institutions to adopt his poli... |
Section 5120.35 | Annual report suggestions and recommendations.
...In its annual report, the department of rehabilitation and correction shall make any suggestions or recommendations it considers wise for the more effectual accomplishment of the general purpose of Chapter 5120. of the Revised Code. |
Section 5120.36 | Executive, administrative, and fiscal supervision of institutions.
...The department of rehabilitation and correction, in addition to the powers expressly conferred, shall have all power and authority necessary for the full and efficient exercise of the executive, administrative, and fiscal supervision over the state institutions described in section 5120.05 of the Revised Code. |
Section 5120.37 | Sharing information with department of job and family services.
...The department of rehabilitation and correction shall enter into an agreement with the department of job and family services to exchange or share information monthly concerning persons under the control or supervision of the department of rehabilitation and correction. |
Section 5120.38 | Duties of managing officer.
...Subject to the rules of the department of rehabilitation and correction, each institution under the department's jurisdiction other than an institution operated pursuant to a contract entered into under section 9.06 of the Revised Code shall be under the control of a managing officer known as a warden or other appropriate title. The managing officer shall be appointed by the director of rehabilitation and correction ... |
Section 5120.381 | Deputy warden.
...Subject to the rules of the department of rehabilitation and correction, the director of rehabilitation and correction may appoint a deputy warden for each institution under the jurisdiction of the department. A deputy warden shall be in the unclassified service and serve at the pleasure of the director of rehabilitation and correction. The director of rehabilitation and correction shall make an appointment to the po... |
Section 5120.382 | Appointment of employees.
...essary for the efficient conduct of the department of rehabilitation and correction and prescribe their titles and duties. A person who is appointed to an unclassified position from a permanent, classified position within the department shall retain the right to resume the position and status that the person held in the classified service immediately prior to the person's appointment to the position in the unclassifi... |
Section 5120.39 | Superintendent of institution - powers and duties.
...an institution under the control of the department of rehabilitation and correction shall be of good moral character and have skill, ability, and experience in his profession. He shall have control of the institution, and be responsible for the management thereof and for the service of all its employees. He shall appoint necessary teachers, attendants, nurses, servants, and other persons, assign their places and duti... |
Section 5120.40 | Qualification of teachers.
...approval that the superintendent of the Ohio central school system, after conference with the officers in charge of the several institutions, prescribes for the various particular types of service or service in the particular institutions. |
Section 5120.41 | Courses of study.
...l institutions under the control of the department of rehabilitation and correction shall be subject to the approval of the superintendent of public instruction. |
Section 5120.42 | Rules for proper execution of powers.
...The department of rehabilitation and correction shall make rules for the proper execution of its powers and may require the performance of additional duties by the officers of the several institutions, so as to fully meet the requirements, intents, and purposes of Chapter 5120. of the Revised Code, and particularly those relating to making estimates and furnishing proper proof of the use made of all articles furnishe... |
Section 5120.421 | Visitor searches.
...an institution under the control of the department of rehabilitation and correction are knowingly conveying, or attempting to convey, onto the grounds of the institution any deadly weapon, dangerous ordnance, drug of abuse, intoxicating liquor, or electronic communications device in violation of section 2921.36 of the Revised Code, the department may adopt rules, pursuant to Chapter 119. of the Revised Code, that ar... |
Section 5120.422 | Rules for site selection.
...Sec. 5120.422. The department of rehabilitation and correction shall prescribe rules, in accordance with Chapter 119. of the Revised Code, that govern the department's actions whenever it has the authority to select a site for a proposed state correctional institution. The rules shall include at least procedures under which the department shall receive, review, and select proposals from persons and political subdivis... |
Section 5120.423 | Rules for designating equipment and programs that improve fighting skills.
...The department of rehabilitation and correction shall adopt rules in accordance with Chapter 119. of the Revised Code that designate devices and programs that, in addition to free weight exercise equipment as defined in sections 341.41, 753.31, and 5145.30 of the Revised Code and in addition to boxing, wrestling, and martial arts programs, would enable a person who uses a designated device or participates in a design... |
Section 5120.424 | Purchasing fixed weight exercise equipment.
...Section 6. On and after the effective date of this act, no moneys in the treasury of the state, or moneys coming lawfully into the possession or custody of the Treasurer of State, except moneys donated by gift, devise, or bequest specifically for this purpose, shall be used to purchase any fixed weight exercise equipment authorized by the act, and no moneys in the treasury of any subdivision of the state, or moneys c... |
Section 5120.425 | Prisoner access to inflammatory and other materials definitions.
...As used in sections 5120.425 to 5120.428 of the Revised Code: (A) "Head of a state correctional institution," "prisoner," and "state correctional institution" have the same meanings as in section 2967.01 of the Revised Code. (B) "Material" means a prerecorded magnetic audio or video tape, book, drawing, magazine, newspaper, pamphlet, poster, print, photograph, or other similar printed, written, recorded, or otherwi... |
Section 5120.426 | Rules governing access to materials.
...(A) The director of rehabilitation and correction shall adopt rules, and each warden shall adopt regulations that govern the form, medium, and quantity of materials that each prisoner confined in the warden's institution is permitted to receive and retain. Those rules and regulations shall be consistent with sections 5120.425 to 5120.428 of the Revised Code. The regulations adopted by the warden shall be consistent ... |
Section 5120.427 | Right to receive materials.
...(A) Each prisoner confined in a state correctional institution may receive a reasonable number of materials directly from the publishers or other distributors of those materials. With the prior approval of the warden of the state correctional institution in which a prisoner is confined, each prisoner also may receive a reasonable number of materials from a source other than the publisher or other distributor of those... |
Section 5120.428 | Request for review.
...(A) If a prisoner confined in a state correctional institution submits a timely written review request under division (B)(3) of section 5120.427 of the Revised Code, the warden of the state correctional institution in which the prisoner is confined or the warden's designee promptly shall forward the withheld material to the publication review committee. As soon as is practicable after receipt of the withheld material... |
Section 5120.44 | Liberal construction of chapter.
...Chapter 5120. of the Revised Code attempts: (A) To provide humane and scientific treatment and care and the highest attainable degree of individual development for the dependent wards of the state; (B) To provide for the delinquent, conditions of modern education and training that will restore the largest possible portion of them to useful citizenship; (C) To promote the study of the causes of dependency and de... |
Section 5120.45 | Burial or cremation of inmate.
...The state shall bear the expense of the burial or cremation of an inmate who dies in a state correctional institution, if the body is not claimed for interment or cremation at the expense of friends or relatives, or is not delivered for anatomical purposes or for the study of embalming in accordance with section 1713.34 of the Revised Code. When the expense is borne by the state, interment of the person or the person... |
Section 5120.46 | Appropriating property.
...rganized or is being conducted, and the department of rehabilitation and correction is unable to agree with the owner of the property upon the price to be paid therefor, the property may be appropriated in the manner provided for the appropriation of property for other state purposes. Any instrument by which real property is acquired pursuant to this section shall identify the agency of the state that has the use an... |
Section 5120.47 | Leasing capital facilities.
...ter into any other agreements with the Ohio public facilities commission, the department of administrative services, or any other authorized state agency ancillary to the construction, reconstruction, improvement, financing, leasing, or operation of such capital facilities, including, but not limited to, any agreements required by the applicable bond proceedings authorized by Chapter 154. of the Revised Code. ... |
Section 5120.48 | Apprehending escapee or prisoner mistakenly released.
...(A) If a prisoner escapes from a state correctional institution, the managing officer of the institution, after consultation with and upon the advice of appropriate law enforcement officials, shall assign and deploy into the community appropriate staff persons necessary to apprehend the prisoner. Correctional officers and officials may carry firearms when required in the discharge of their duties in apprehendin... |
Section 5120.49 | Standards and guidelines for termination of parole board's control over certain sexually violent offenders.
...The department of rehabilitation and correction, by rule adopted under Chapter 119. of the Revised Code, shall prescribe standards and guidelines to be used by the parole board in determining, pursuant to section 2971.04 of the Revised Code, whether it should terminate its control over an offender's service of a prison term imposed upon the offender under division (A)(3), (B)(1)(a), (b), or (c), (B)(2)(a), (b), ... |
Section 5120.50 | Interstate correction compact.
...tters. (K) POWERS The director of the department of rehabilitation and correction is hereby authorized and directed to do all things necessary or incidental to the carrying out of the compact in every particular and he may in his discretion delegate this authority to the deputy director of the department of rehabilitation and correction. |
Section 5120.51 | Population and cost impact statement for legislative bill.
...tutions under the administration of the department of rehabilitation and correction, the department shall prepare a population and cost impact statement for the bill, in accordance with division (A)(2) of this section. (2) A population and cost impact statement required for a bill shall estimate the increase or decrease in the correctional institution population that likely would result if the bill were enacted, sh... |
Section 5120.52 | Contract for sewage services.
...The department of rehabilitation and correction may enter into a contract with any person or with a political subdivision in which a state correctional institution is located under which an institution will provide water or sewage treatment services for the person or political subdivision if the institution has a water or sewage treatment facility with sufficient excess capacity to provide the services. Any ... |
Section 5120.53 | Transfer or exchange of convicted offender to foreign country pursuant to treaty.
...s set forth in the rules adopted by the department under division (D) of this section and all other relevant factors, determines that the transfer or exchange of the offender is appropriate. (C) Notwithstanding any provision of the Revised Code regarding the parole eligibility of, or the duration or calculation of a sentence of imprisonment imposed upon, an offender, if a convicted offender is serving a term of impr... |
Section 5120.55 | Licensed health professional recruitment program.
...23.01 of the Revised Code. (B)(1) The department of rehabilitation and correction may establish a recruitment program under which the department, by means of a contract entered into under division (C) of this section, agrees to repay all or part of the principal and interest of a government or other educational loan incurred by a licensed health professional who agrees to provide services to inmates of correctional... |
Section 5120.56 | Recovering cost of incarceration or supervision from offender.
...n 2967.01 of the Revised Code. (B) The department of rehabilitation and correction may recover from an offender who is in its custody or under its supervision any cost debt described in division (D) of this section. To satisfy a cost debt described in that division that relates to an offender, the department may apply directly assets that are in the department's possession and that are being held for that offender w... |
Section 5120.57 | Reimbursement for health care services rendered to insured offender.
...custody or under the supervision of the department of rehabilitation and correction, the department may make a determination as to whether the offender is covered under an individual or group sickness and accident insurance policy or an individual or group health insuring corporation policy, contract, or agreement. If the offender has coverage of that type, the department shall familiarize itself with the terms and c... |
Section 5120.58 | Rules for health care benefits and preventive services.
...The department of rehabilitation and correction shall adopt rules under section 111.15 of the Revised Code to do both of the following: (A) Establish a schedule of health care benefits that are available to offenders who are in the custody or under the supervision of the department; (B) Establish a program to encourage the utilization of preventive health care services by offenders. |
Section 5120.59 | Verification of prisoner's identity before release.
...entence that is less than one year, the department of rehabilitation and correction shall attempt to verify the prisoner's age and identity in order to satisfy the requirements of section 4507.51 of the Revised Code. (B) The department shall provide each prisoner who does not have a current valid and unexpired state issued identification card or driver's license with the application described in section 4507.51 of... |
Section 5120.60 | Office of victim services.
...out the policies and procedures of the department of rehabilitation and correction and the status of offenders under the department's jurisdiction. (C) The office shall also make available publications that will assist victims in contacting staff of the department about problems with offenders under the supervision of the adult parole authority or confined in state correctional institutions under the departme... |
Section 5120.61 | Risk assessment reports for sexually violent offenders.
... ninety days after January 1, 1997, the department of rehabilitation and correction shall adopt standards that it will use under this section to assess the following criminal offenders and may periodically revise the standards: (a) A criminal offender who is convicted of or pleads guilty to a violent sex offense or designated homicide, assault, or kidnapping offense and is adjudicated a sexually violent predator i... |
Section 5120.62 | Internet access for prisoners.
...prisoners and staff members who violate department rules governing prisoner access to the internet. |
Section 5120.63 | Random drug testing of state prisoners.
...n and correction. The department shall file for record the results of the drug tests that indicate whether or not each prisoner in the state correctional institution who was subjected to the drug test ingested or was injected with a drug of abuse. The department shall send a copy of the results of the drug tests to the warden of the state correctional institution in which the prisoner who was subjected to the d... |
Section 5120.64 | Rules regarding the return of Ohio prisoners from outside of this state into this state by a private person or entity.
...ction 5149.03 of the Revised Code; (c) File a performance bond or other surety to guarantee performance. (4) Standards requiring the private person or entity to have criminal records checks and pre-employment drug testing performed for officers and employees of the private person or entity that actually engage in the return of the prisoners and to have a random drug-screening policy and be able to document complian... |
Section 5120.65 | Prison nursery program.
...(A) The department of rehabilitation and correction may establish in one or more of the institutions for women operated by the department a prison nursery program under which eligible inmates and children born to them while in the custody of the department may reside together in the institution. If the department establishes a prison nursery program in one or more institutions under this section, sections 5120.651 to... |
Section 5120.651 | Eligibility for program.
...e is delivered into the custody of the department of rehabilitation and correction, she gives birth on or after the date the program is implemented, she is subject to a sentence of imprisonment of not more than three years, and she and the child meet any other criteria established by the department. |
Section 5120.652 | Duties of inmate participants.
..., each eligible inmate selected by the department shall do all the following: (A) Agree in writing to do all the following: (1) Comply with any program, educational, counseling, and other requirements established for the program by the department of rehabilitation and correction; (2) If eligible, have the child participate in the medicaid program or a health insurance program; (3) Accept the normal risks of... |
Section 5120.653 | Termination of participation in program.
...ursery program may be terminated by the department of rehabilitation and correction if one of the following occurs: (A) The inmate fails to comply with the agreement entered into under division (A) of section 5120.652 of the Revised Code. (B) The inmate's child becomes seriously ill, cannot meet medical criteria established by the department of rehabilitation and correction for the program, or otherwise cannot saf... |
Section 5120.654 | Collecting support payments.
...half of, and assistance provided under Ohio works first to, a specific inmate or child participating in the prison nursery program; (2) Money assigned or donated to establish and maintain the prison nursery program. (C) The amounts described in division (B)(1) of this section shall be placed in the individual nursery account created and maintained under section 5120.655 of the Revised Code for the inmate and ... |
Section 5120.655 | Prison nursery program fund - individual nursery accounts.
...The managing officer of each institution in which a prison nursery program is established pursuant to section 5120.65 of the Revised Code shall do the following: (A) Create and maintain a prison nursery program fund to pay expenses associated with the prison nursery program; (B) Create and maintain an individual nursery account for each inmate participating in the prison nursery program at the institution to help ... |
Section 5120.656 | No regulation by department of job and family services.
...ther the prison nursery program nor the department of rehabilitation and correction, with respect to the program, is subject to any regulation, licensing, or oversight by the department of job and family services unless the departments agree to voluntary regulation, licensing, or oversight by the department of job and family services. |
Section 5120.657 | Adoption of rules.
...If the department of rehabilitation and correction establishes the prison nursery program, it shall, in accordance with Chapter 119. of the Revised Code, adopt rules that establish requirements necessary and appropriate to the establishment, implementation, and operation of the program. The department shall adopt the rules prior to implementing the program. |
Section 5120.66 | Internet database of inmate offense, sentence, and release information; "Laura's Law".
...05, but not before January 1, 2006, the department of rehabilitation and correction shall establish and operate on the internet a database that contains all of the following: (1) For each inmate in the custody of the department under a sentence imposed for a conviction of or plea of guilty to any offense, all of the following information: (a) The inmate's name; (b) For each offense for which the inmate was sent... |
Section 5120.68 | Warden's report to parole board.
...(A) When a prisoner becomes eligible for parole under section 2967.13 of the Revised Code, the warden of the institution in which the prisoner is incarcerated shall prepare a report containing all of the following information: (1) Information concerning the prisoner's participation in programs during the prisoner's time at the institution; (2) Information concerning the prisoner's compliance or noncompliance with r... |
Section 5120.70 | Federal equitable sharing fund.
...in the fund all money received by the department from the federal government as equitable sharing payments under 28 U.S.C. 524. The director shall establish rules pursuant to Chapter 119. of the Revised Code for the operation of the fund. (B)(1) The department of rehabilitation and correction shall use federally forfeited property and the proceeds of federally forfeited property only for law enforcement p... |
Section 5120.80 | Community programs fund.
...easury the community programs fund. The department of rehabilitation and correction shall use the moneys in the fund to do the following: (A) Fund the halfway house, reentry center, and community residential center program under section 2967.14 of the Revised Code, with priority being given to the funding of residential service contracts that reduce the number of homeless offenders by housing offenders released from... |
Section 5120.99 | Penalty.
...A person who violates division (B)(2) of section 5120.211 of the Revised Code shall be fined not more than two thousand five hundred dollars on a first offense and not more than twenty thousand dollars on a subsequent offense. |
Section 5123.01 | Department of developmental disabilities definitions.
...ment," which is acquired by residing in Ohio for a period of one year without receiving general assistance prior to July 17, 1995, under former Chapter 5113. of the Revised Code, without receiving financial assistance prior to December 31, 2017, under former Chapter 5115. of the Revised Code, or assistance from a private agency that maintains records of assistance given. A person having a legal settlement in the stat... |
Section 5123.011 | Adoption of rules.
...The director of developmental disabilities shall adopt rules in accordance with Chapter 119. of the Revised Code to do both of the following: (A) Define "developmental delay"; (B) For the purpose of division (Q)(4)(c) of section 5123.01 and division (F)(4)(c) of section 5126.01 of the Revised Code, specify how to determine whether a person six years of age or older has a substantial functional limitation in a... |
Section 5123.012 | Eligibility determinations.
...ed in division (C) of this section, the department of developmental disabilities shall make eligibility determinations in accordance with the definition of "developmental disability" contained in section 5123.01 of the Revised Code. The department may adopt rules in accordance with Chapter 119. of the Revised Code establishing eligibility for programs and services for any preschool child with a disability eligible fo... |
Section 5123.013 | Application of chapter.
...The provisions of this chapter regarding institutionalization apply to a person who is found incompetent to stand trial or not guilty by reason of insanity and is committed pursuant to section 2945.39, 2945.40, 2945.401, or 2945.402 of the Revised Code to the extent that the provisions are not in conflict with any provision of sections 2945.37 to 2945.402 of the Revised Code. If a provision of this chapte... |
Section 5123.014 | Reference to department or director and other terms.
...Whenever the department or director of mental retardation and developmental disabilities is referred to or designated in any statute, rule, contract, grant, or other document, the reference or designation is deemed to refer to the department or director of developmental disabilities, as the case may be. Whenever "mental retardation" or any derivation of that term is referred to or designated in any statute, rule, c... |
Section 5123.02 | Duties of department.
...The department of developmental disabilities shall do the following: (A) Promote comprehensive statewide programs and services for persons with developmental disabilities and their families wherever they reside in the state. These programs shall include public awareness, prevention, assessment, treatment, training, and care. (B) Provide administrative leadership for statewide services; (C) Develop and mainta... |
Section 5123.021 | Determining need for nursing facility care.
...ection 5165.03 of the Revised Code, the department of developmental disabilities shall determine in accordance with section 1919(e)(7) of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended, and regulations adopted under section 1919(f)(8)(A) of that act whether, because of the individual's physical and mental condition, a mentally retarded individual seeking admission to a nursing facil... |
Section 5123.022 | State policy regarding community employment for individuals with developmental disabilities.
...diction services; the opportunities for Ohioans with disabilities agency; and each other state agency that provides employment services to individuals with developmental disabilities shall implement the policy of this state and ensure that it is followed whenever employment services are provided to individuals with developmental disabilities. The department of developmental disabilities shall coordinate the action... |
Section 5123.023 | Employment first task force.
...ion services; and the opportunities for Ohioans with disabilities agency. The purpose of the task force shall be to improve the coordination of the state's efforts to address the needs of individuals with developmental disabilities who seek community employment as defined in section 5123.022 of the Revised Code. (B) The department of developmental disabilities may enter into interagency agreements with any of the ... |
Section 5123.025 | Technology first policy.
...d transportation; the opportunities for Ohioans with disabilities agency; and each other state agency that provides technology services to individuals with developmental disabilities shall implement the policy of this state and ensure that it is followed whenever technology services are provided to individuals with developmental disabilities. The department of developmental disabilities, in partnership with the of... |
Section 5123.026 | Technology first task force.
...es from the office of innovateohio; the departments of developmental disabilities, education and workforce, medicaid, aging, job and family services, mental health and addiction services, children and youth, and transportation; and the opportunities for Ohioans with disabilities agency. (B) The task force shall do all of the following: (1) Expand innovative technology solutions within the operation and delivery... |
Section 5123.03 | Management of institutions and facilities.
...(A) The department of developmental disabilities shall do all of the following: (1) Maintain, operate, manage, and govern all state institutions for the care, treatment, and training of persons with i ntellectual disabilities; (2) Designate all such institutions by appropriate names; (3) Provide and designate facilities for the custody, care, and special treatment of persons of the following classes: (a) Danger... |
Section 5123.031 | Nonpartisan management.
...of all new residents and to investigate complaints made by any resident or by any person on behalf of a resident. The director shall prescribe the forms of affidavits, applications, comprehensive evaluations, orders of institutionalization and release, and all other forms that are required in the institutionalization, admission, and release of all persons with respect to institutions under the jurisdictio... |
Section 5123.032 | Closure of a developmental center.
...eans any institution or facility of the department of developmental disabilities that, on or after January 30, 2004, is named, designated, or referred to as a developmental center. (B) Notwithstanding any other provision of law, any closure of a developmental center shall be subject to, and in accordance with, this section. (C) Notwithstanding any other provision of law, at least ten days prior to making any ... |
Section 5123.033 | Department program fee fund.
...o the fund shall be used solely for the department of developmental disabilities' duties under sections 5123.16 to 5123.1611 and 5123.19 of the Revised Code and to provide continuing education and professional training to providers of services to individuals with developmental disabilities. If the money credited to the fund is inadequate to pay all of the department's costs in performing those duties and providing th... |
Section 5123.034 | Developmental centers services and cost recovery.
...de. (B) A developmental center of the department of developmental disabilities may provide services to both of the following: (1) Individuals with developmental disabilities who reside in the community in which the developmental center is located; (2) Providers who provide services to individuals with developmental disabilities who reside in the community in which the developmental center is located. (C) The ... |
Section 5123.04 | Director of department - powers and duties.
...sabilities is the executive head of the department of developmental disabilities. All duties conferred on the department and its institutions by law or by order of the director shall be performed under such rules as the director prescribes, and shall be under the director's control. The director shall establish bylaws for the government of all institutions under the jurisdiction of the department. Except as otherwise... |
Section 5123.042 | Plans for development or modification of residential services; rules.
...sidential services shall submit to the department of developmental disabilities a plan for the development or modification. The department shall approve a plan that is submitted in accordance with rules adopted under this section and meets the uniform standards for plans established in those rules. The director of developmental disabilities shall adopt rules in accordance with Chapter 119. of the Revised Code... |
Section 5123.043 | Complaint resolution.
...es, or administrative practices of the department of developmental disabilities or any of the entities under contract with the department, may file a complaint with the department. Prior to commencing a civil action regarding the complaint, a person or county board shall attempt to have the complaint resolved through the administrative resolution process established in the rules adopted under this section. Aft... |
Section 5123.044 | Determination of violation of rights; assistance to individuals.
...The department of developmental disabilities shall determine whether county boards of developmental disabilities violate the rights that individuals with developmental disabilities have under section 5126.046 of the Revised Code to obtain home and community-based services, ICF/IID services, nonmedicaid residential services, or nonmedicaid supported living from qualified and willing providers. The department shall pro... |
Section 5123.045 | Certification and licensing of providers.
...No person or government entity shall receive payment for providing home and community-based services unless the person or government entity is one of the following: (A) Certified under section 5123.161 of the Revised Code; (B) Licensed as a residential facility under section 5123.19 of the Revised Code. |
Section 5123.047 | Department payment of nonfederal share of certain expenditures.
...The department of developmental disabilities shall pay the nonfederal share of medicaid expenditures for medicaid case management services and home and community-based services for which no county board of developmental disabilities is required by section 5126.059 or 5126.0510 of the Revised Code to pay. |
Section 5123.048 | Payment of nonfederal share of county medicaid expenditures.
...lopmental disabilities under which the department of developmental disabilities is to pay the nonfederal share of medicaid expenditures for one or more of the home and community-based services that the county board would, if not for the agreement, be required by section 5126.0510 of the Revised Code to pay. The agreement shall specify which home and community-based services the agreement covers. Th... |
Section 5123.049 | Rules governing the authorization and payment of home and community-based services, medicaid case management services, and habilitation center services.
...The director of developmental disabilities shall adopt rules in accordance with Chapter 119. of the Revised Code governing the authorization and payment of home and community-based services and medicaid case management services. The rules shall provide for private providers of the services to receive one hundred per cent of the medicaid allowable payment amount and for government providers of the services to re... |
Section 5123.0410 | Individual receiving services moving to new county.
...eligible for county board services, the department of developmental disabilities shall ensure that the individual receives the comparable services. If the home and community-based services that the individual receives at the time the individual moves include supported living or residential services, the department shall reduce the amount the department allocates to the county board serving the county the individual ... |
Section 5123.0411 | Mandamus.
...The department of developmental disabilities may bring a mandamus action against a county board of developmental disabilities that fails to pay the nonfederal share of medicaid expenditures that the county board is required by sections 5126.059 and 5126.0510 of the Revised Code to pay. The department may bring the mandamus action in the court of common pleas of the county served by the county board or in the ... |
Section 5123.0412 | ODDD administration and oversight fund.
...(A) The department of developmental disabilities may charge each county board of developmental disabilities an annual fee not to exceed one and one-quarter per cent of the total value of all medicaid paid claims for home and community-based services provided during the year to an individual eligible for services from the county board. A county board shall not pass on to a provider of home and community-based services... |
Section 5123.0413 | Rules to applicable in event county tax levy for services for individuals with developmental disabilities fails.
...The department of developmental disabilities, in consultation with the department of medicaid, office of budget and management, and county boards of developmental disabilities, shall adopt rules in accordance with Chapter 119. of the Revised Code to establish both of the following in the event a county property tax levy for services for individuals with developmental disabilities fails: (A) A method of paying for ho... |
Section 5123.0414 | Methods of notice by department.
...(A) When the director of developmental disabilities sends a party a notice by registered or certified mail, return receipt requested, that the director intends to take action against the party authorized by section 5123.166, 5123.168, 5123.19, 5123.45, 5123.51, or 5126.25 of the Revised Code and the notice is returned to the director with an endorsement indicating that the notice was refused or unclaimed, the directo... |
Section 5123.0415 | Notification of change of address.
...Each person and each government entity that applies for or holds a valid license, certification, or registration issued under section 5123.161, 5123.19, 5123.45, or 5126.25 of the Revised Code shall notify the director of developmental disabilities of any change in the person's or government entity's address. |