Ohio Revised Code Search
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Section 5123.192 | Licensing for ICF/IID after 7/1/2013.
...(A) A person or government agency operating, on September 10, 2012, an ICF/IID pursuant to a nursing home license issued under Chapter 3721. of the Revised Code shall do both of the following as a condition of continuing to operate the ICF/IID on and after July 1, 2013: (1) Not later than February 1, 2013, apply to the director of developmental disabilities for a residential facility license under section 512... |
Section 5123.193 | Searchable database of vacancies in licensed residential facilities.
...the internet web site maintained by the department of developmental disabilities a searchable database of vacancies in licensed residential facilities. Each person or government entity operating a licensed residential facility shall provide current and accurate vacancy information to the department in accordance with procedures that the director shall establish. |
Section 5123.194 | Waiving support collection requirements to facilitate independent living.
... the individual's liable relative, the department of developmental disabilities may waive the support collection requirements of sections 5121.04 and 5123.122 of the Revised Code for the purpose of allowing income or resources to be used to acquire items necessary for independent living. The department shall adopt rules in accordance with section 111.15 of the Revised Code to implement this section, including r... |
Section 5123.196 | Maximum number of beds.
...(A) Except as provided in division (E) of this section, the director of developmental disabilities shall not issue a license under section 5123.19 of the Revised Code on or after July 1, 2003, if issuance will result in there being more beds in all residential facilities licensed under that section than is permitted under division (B) of this section. (B) The maximum number of beds for the purpose of division (A) of... |
Section 5123.197 | Initial residential facility license or modification of existing facility license not required in certain instances.
...Neither an applicant for an initial residential facility license under section 5123.19 of the Revised Code nor an applicant for a modification of an existing residential facility license under that section is required to obtain approval of a plan for the proposed new residential facility or modification to the existing residential facility pursuant to section 5123.042 of the Revised Code if all of the followin... |
Section 5123.198 | Reduction in number of residents.
....71 to 5123.76 of the Revised Code, the department of developmental disabilities, pursuant to an adjudication order issued in accordance with Chapter 119. of the Revised Code, shall reduce by one the number of residents for which the residential facility in which the resident resided is licensed. (C) The department shall not reduce under division (B) of this section the number of residents for which a residential fa... |
Section 5123.20 | Prohibiting operation without license.
...No person or government agency shall operate a residential facility or receive an individual with a developmental disability as a resident of a residential facility unless the facility is licensed under section 5123.19 of the Revised Code, and no person or governmental agency shall operate a respite care home or receive an individual with a developmental disability in a respite care home unless the home is certified ... |
Section 5123.21 | Transfers.
...aging officer of the institution shall file a motion with the court requesting the court to amend its order of placement issued under section 5123.76 of the Revised Code. At the resident's request, the court shall hold a hearing on the motion at which the resident has the same rights as at a full hearing under section 5123.76 of the Revised Code. Whenever a resident is transferred, the director shall give writ... |
Section 5123.22 | Appropriating property.
...tution under the jurisdiction of the department of developmental disabilities to acquire any real estate, right-of-way, or easement in real estate in order to accomplish the purposes for which it was organized or is being conducted, and the department is unable to agree with the owner of such property upon the price to be paid therefor, such property may be appropriated in the manner provided for the appropr... |
Section 5123.221 | Cultivating land - purchases from other institutions.
...e, the department of health, and the Ohio state university shall cooperate with the department of developmental disabilities, and the managing officer of each institution mentioned in section 5123.03 of the Revised Code, 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 the conditions and needs of mechanical equipm... |
Section 5123.24 | Businesses located near institutions.
...stitution under the jurisdiction of the department of developmental disabilities is located, in which petition the desire to erect or carry on at a less distance than that prescribed in section 3767.19 of the Revised Code shall be set forth, the business prohibited, the precise point of its establishment, and the reasons and circumstances, in its opinion, why the erection or carrying on thereof would not anno... |
Section 5123.25 | 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 developmental disabilities 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 ... |
Section 5123.26 | Funds.
...all funds under the jurisdiction of the department of developmental disabilities and shall pay out the same only in accordance with Chapter 5123. of the Revised Code. 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 such moneys or funds are in the possession of such managing officers, emp... |
Section 5123.27 | Holding property in trust.
...anagement may require the department to file a report with the director on any particular portion, or the whole, of any trust property received or expended by it. The department shall, upon the expiration of any trust according to its terms, dispose of the money or property held under the trust in the manner provided in the instrument creating the trust. If the instrument creating the trust failed to make any terms ... |
Section 5123.28 | Handling funds belonging to residents.
...entative, the managing officer shall file with the county recorder of the county of commitment of such owner, all deeds, wills, contract mortgages, or assignments. The balance of the personal effects shall be sold at public auction after being duly advertised, and the funds turned over to the treasurer of state for credit to the general revenue fund. If any of the property is not of a type to be fil... |
Section 5123.29 | Industrial and entertainment fund - commissary fund.
...tution under the jurisdiction of the department of developmental disabilities, with the approval of the director of developmental disabilities, may establish funds in the institutions under the jurisdiction of the department, designated as follows: (A) Industrial and entertainment fund for the entertainment and welfare of the residents of the institution. (B) Commissary fund for the benefit of residents ... |
Section 5123.30 | Books and accounts.
...h service when an itemized account is filed and approved. |
Section 5123.31 | Confidentiality.
... this section may be deposited with the Ohio history connection. Neither the records nor the information contained in them shall be disclosed by the Ohio history connection, except as provided in section 5123.89 of the Revised Code. |
Section 5123.33 | Annual report.
...In its annual report, the department of developmental disabilities shall include a list of the officers and agents employed, and complete financial statement of the various institutions under its control. The report shall describe the condition of each institution, and shall state, as to each institution, whether: (A) The moneys appropriated have been economically and judiciously expended; (B) The objects ... |
Section 5123.34 | Liberal construction of chapter.
...e institutions under the control of the department of developmental disabilities. Sections 5123.02 to 5123.04, 5123.042, 5123.043, 5123.10, 5123.21, 5123.221, 5123.25, and 5123.31 of the Revised Code shall be liberally construed to attain these purposes. |
Section 5123.35 | Ohio developmental disabilities council.
...nce under 42 U.S.C. 15021 to 15029. The department of developmental disabilities, as the state agency selected by the governor for purposes of receiving the federal assistance, shall receive, account for, and disburse funds based on the state plan and shall provide assurances and other administrative support services required as a condition of receiving the federal assistance. (C) The federal funds may be disburse... |
Section 5123.351 | Eligibility for state reimbursement of expenses incurred by facilities and programs.
...351 of the Revised Code or rules of the department of developmental disabilities; (E) Withhold state funds from an agency, corporation, or association denying or rendering service on the basis of race, color, sex, religion, ancestry, national origin, disability as defined in section 4112.01 of the Revised Code, or inability to pay; (F) Provide consultative staff service to communities to assist in ascertaining need... |
Section 5123.36 | State participation in developmental disability construction programs.
...projects of the highest priority of the department of developmental disabilities, the controlling board may authorize the director to provide more than ninety per cent of the total cost of a project under this section. (C) A county board is eligible for funds under this section for a project bid on or after January 1, 1992, under either section 153.07 or 307.86 of the Revised Code, as long as all other applicable re... |
Section 5123.37 | Application to sell facility and acquire replacement.
...nt with the plans and priorities of the department of developmental disabilities. |
Section 5123.371 | Payment to director after sale of facility.
...es the county board or agency owes the department of developmental disabilities, including the department's security interest in the facility, for the state funds used to acquire the facility. |
Section 5123.372 | Deadline for acquisition of replacement facility.
...If the director of developmental disabilities approves an application submitted under section 5123.37 of the Revised Code, the director shall establish a deadline by which the county board of developmental disabilities or private, nonprofit agency that submitted the application must notify the director that the county board or agency is ready to acquire a replacement facility to be used for the purpose stated i... |
Section 5123.373 | Agreement to pay percentage of cost of acquisition.
...ount of the security interest that the department of developmental disabilities had in the previous facility or a different amount. The agreement may provide for the department to hold a security interest in the replacement facility. |
Section 5123.374 | Rescission of approval of application.
...(A) The director of developmental disabilities may rescind approval of an application submitted under section 5123.37 of the Revised Code if either of the following occurs: (1) The county board of developmental disabilities or private, nonprofit agency that submitted the application fails, on or before the deadline or, if any, the last extended deadline established under section 5123.372 of the Revised Code for the ... |
Section 5123.375 | Developmental disabilities community capital replacement fund.
...The developmental disabilities community capital replacement facilities fund is hereby created in the state treasury. The director of developmental disabilities shall credit all amounts paid to the director under section 5123.371 of the Revised Code to the fund. The director shall use the money in the fund as follows: (A) To make payments to county boards of developmental disabilities and private, nonprofit agencies... |
Section 5123.376 | Changing terms of agreement regarding construction, acquisition, or renovation of residential facility.
...(A) As used in this section: (1) "Medicaid-certified capacity" has the same meaning as in section 5124.01 of the Revised Code. (2) "Residential facility" has the same meaning as in section 5123.19 of the Revised Code. (B)(1) The director of developmental disabilities may change the terms of an agreement entered into with a county board of developmental disabilities or private, nonprofit agency pursuant to section ... |
Section 5123.377 | Authority to change terms of agreement regarding the construction, acquisition, or renovation of community adult facility.
...er of the following: (i) Reimburse the department of developmental disabilities the proceeds of the sale up to the outstanding balance owed under the agreement; (ii) Use the proceeds of the sale for the acquisition, renovation, or accessibility modification of housing for individuals with developmental disabilities that complies with the requirements established by the director. (4) The director may establish a de... |
Section 5123.378 | Authority to change terms of agreement regarding the construction, acquisition, or renovation of community early childhood facility.
...er of the following: (i) Reimburse the department of developmental disabilities the proceeds of the sale up to the outstanding balance owed under the agreement; (ii) Use the proceeds of the sale for the acquisition, renovation, or accessibility modification of housing for individuals with developmental disabilities that complies with the requirements established by the director. (4) The director may establish a de... |
Section 5123.38 | Effect of transfer from supported services to commitment to ICF/IID.
...care in the state-operated ICF/IID. The department of developmental disabilities shall collect the amount of the nonfederal share from the county board by either withholding that amount from funds the department has otherwise allocated to the county board or submitting an invoice for payment of that amount to the county board. (B) Division (A) of this section does not apply under either of the following circumstance... |
Section 5123.39 | Patient clothing.
...If not otherwise furnished, the probate judge shall see that each patient hospitalized under section 5123.76 of the Revised Code is properly attired for transportation, and, in addition, the institution shall be furnished a complete change of clothing for such patient, which shall be paid for on the certificate of the probate judge and the order of the county auditor from the county treasury. Such clothing shall be n... |
Section 5123.40 | Services fund for individuals with developmental disabilities.
...h Chapter 119. of the Revised Code, the department of developmental disabilities may adopt any rules necessary to implement this section. |
Section 5123.41 | Administration of prescribed medications, performance of health-related activities, tube feeding definitions.
... (1) Through direct employment with the department of developmental disabilities or a county board of developmental disabilities; (2) Through an entity under contract with the department of developmental disabilities or a county board of developmental disabilities; (3) Through direct employment or by being under contract with private entities, including private entities that operate residential facilities. (J) ... |
Section 5123.42 | Authorization for workers to administer prescribed medications, perform health-related activities, or perform tube feedings.
...ificate or certificates required by the department of developmental disabilities and issued under section 5123.45 of the Revised Code. Developmental disabilities personnel shall administer medications and perform health-related activities only as authorized by the certificate or certificates held. (2) If nursing delegation is required under division (C) of this section, developmental disabilities personnel shall no... |
Section 5123.421 | Complaints and investigations.
...developmental disabilities shall accept complaints from any person or government entity regarding the administration of medications and performance of health-related activities by developmental disabilities personnel pursuant to the authority granted under section 5123.42 of the Revised Code. The department shall conduct investigations of complaints as it considers appropriate. |
Section 5123.422 | Immunity.
...Developmental disabilities personnel who administer medications or perform health-related activities pursuant to the authority granted under section 5123.42 of the Revised Code are not liable for any injury caused by administering the medications or performing the health-related activities, if both of the following apply: (A) The developmental disabilities personnel acted in accordance with the methods taught in tra... |
Section 5123.423 | Family members administering medications or performing health-related activities.
...A family member may administer medications or perform health-related activities as described in section 5123.42 of the Revised Code without either of the following: nursing delegation or a certificate issued under section 5123.45 of the Revised Code. |
Section 5123.43 | Training courses for administration of prescribed medications and performance of health-related activities.
...(A) The department of developmental disabilities shall develop courses for the training of developmental disabilities personnel in the administration of medications and performance of health-related activities pursuant to the authority granted under section 5123.42 of the Revised Code. The department may develop separate or combined training courses for the administration of prescribed medications, administration of ... |
Section 5123.44 | Training registered nurses to provide training courses for department personnel.
...The department of developmental disabilities shall develop courses that train registered nurses to provide the developmental disabilities personnel training courses developed under section 5123.43 of the Revised Code. The department may develop courses that train registered nurses to provide all of the courses developed under section 5123.43 of the Revised Code or any one or more of the courses developed under that s... |
Section 5123.441 | Certificates to provide training courses.
...ificate or certificates required by the department of developmental disabilities and issued under section 5123.45 of the Revised Code. The registered nurse shall provide only the training course or courses authorized by the certificate or certificates the registered nurse holds. |
Section 5123.45 | Program for issuing of certificates.
...(A) The department of developmental disabilities shall establish a program under which the department issues certificates to the following: (1) Developmental disabilities personnel, for purposes of meeting the requirement of division (D)(1) of section 5123.42 of the Revised Code to obtain a certificate or certificates to administer medications and perform health-related activities pursuant to the authority granted ... |
Section 5123.451 | Registry listing personnel and registered nurses holding valid certificates.
...The department of developmental disabilities shall establish and maintain a registry that lists all developmental disabilities personnel and registered nurses holding valid certificates issued under section 5123.45 of the Revised Code. The registry shall specify the type of certificate held and any limitations that apply to a certificate holder. The department shall make the information in the registry available to t... |
Section 5123.452 | Adjudication orders.
...(A) If good cause exists as specified in division (B) of this section and determined in accordance with procedures established in rules adopted under section 5123.46 of the Revised Code, the director of developmental disabilities may issue an adjudication order requiring that one of the following actions be taken against a person seeking or holding a certificate issued under section 5123.45 of the Revised Code: (1)... |
Section 5123.46 | Rules adopted in conjunction with board of nursing and the Ohio nurses association.
...ultation with the board of nursing, the Ohio nurses association, the state medical board, and the Ohio society for respiratory care. The rules shall be adopted in accordance with Chapter 119. of the Revised Code. |
Section 5123.47 | Authorizing in-home worker to perform health care tasks.
...ide the family member an opportunity to file a complaint under section 5126.06 of the Revised Code. |
Section 5123.50 | Registry of employees guilty of abuse, neglect or misappropriation definitions.
... the following: (1) An employee of the department of developmental disabilities; (2) An employee of a county board of developmental disabilities; (3) An employee in a position that includes providing specialized services to an individual with a developmental disability; (4) An independent provider as defined in section 5123.16 of the Revised Code. (D) "Neglect" means, when there is a duty to do so, failing to pr... |
Section 5123.51 | Reviewing report of abuse, neglect or misappropriation.
...is not required to hold a hearing. (G) Files and records of investigations conducted pursuant to this section are not public records as defined in section 149.43 of the Revised Code, but, on request, the department shall provide copies of those files and records to the attorney general, a prosecuting attorney, or a law enforcement agency. |
Section 5123.52 | Registry of employees guilty of abuse, neglect or misappropriation.
...(A) The department of developmental disabilities shall establish a registry of developmental disabilities employees consisting of the names of individuals included in the registry pursuant to section 5123.51 of the Revised Code. (B) Before a person or government entity hires, contracts with, or employs an individual as a developmental disabilities employee, the person or government entity shall inquire whether the i... |
Section 5123.53 | Petitioning for removal from registry.
...An individual who is included in the registry may petition the director of developmental disabilities for removal from the registry. If the director determines that good cause exists, the director shall remove the individual from the registry and may properly reply to an inquiry that the individual is not included in the registry. Good cause includes meeting rehabilitation standards establis... |
Section 5123.54 | Rehabilitation standard rules.
...The director of developmental disabilities shall adopt rules under Chapter 119. of the Revised Code to implement sections 5123.51, 5123.52, and 5123.53 of the Revised Code. The rules shall establish rehabilitation standards for the purposes of section 5123.53 of the Revised Code and specify circumstances, other than meeting the standards, that constitute good cause for the purposes ... |
Section 5123.541 | Employees engaging in sexual conduct or contact with individual under department care.
...l immediately report that belief to the department of developmental disabilities. (2) Any person who has reason to believe that a developmental disabilities employee has violated division (A) of this section may report that belief to the department of developmental disabilities. |
Section 5123.542 | Notice explaining prohibited conduct.
...n 5123.52 of the Revised Code: (1) The department of developmental disabilities; (2) Each county board of developmental disabilities; (3) Each provider and subcontractor, as defined in section 5123.081 of the Revised Code; (4) Each owner, operator, or administrator of a residential facility, as defined in section 5123.19 of the Revised Code; (5) Each owner, operator, or administrator of a program certified by th... |
Section 5123.55 | Protective services definitions.
...means an agency under contract with the department of developmental disabilities acting with or without court appointment to provide guidance, service, and encouragement in the development of maximum self-reliance to a person with a developmental disability, independent of any determination of incompetency. (D) "Protective service" means performance of the duties of a guardian, trustee, or conservator, or acting as ... |
Section 5123.56 | Statewide system of protective service.
...The department of developmental disabilities shall develop a statewide system of protective service in accordance with rules and standards established by the department. With respect to this program, the department may enter into a contract with any responsible public or private agency for provision of protective service by the agency, and the contract may permit the agency to charge the person r... |
Section 5123.57 | Evaluation before guardianship or trusteeship begins.
..., and a copy of the evaluation shall be filed with the department. Any agency that is appointed as a guardian, trustee, or conservator under sections 5123.55 to 5123.59 of the Revised Code or accepted as a protector under those sections shall provide for a review at least once each year in writing of the physical, mental, and social condition of each person with a developmental disability for whom it is acting as gu... |
Section 5123.58 | Nomination of protective services agency as guardian, trustee or protector.
...tive service, the agency or service may file an application for guardianship, trusteeship, or protectorship with the probate court. Termination of any court appointment as guardian, trustee, or protector shall be by order of the probate court. |
Section 5123.59 | Bond.
..., an agency under contract with the department of developmental disabilities may require any of its employees having custody or control of funds or property to give bond to the probate court with sufficient surety, conditioned upon the full and faithful accounting of all trust funds which the employee holds. The amount of the bond shall be determined by the court and may be modifie... |
Section 5123.60 | Ohio protection and advocacy system.
... section 5123.601 of the Revised Code, "Ohio protection and advocacy system" means the nonprofit entity designated by the governor in accordance with Am. Sub. H.B. 153 of the 129th general assembly to serve as the state's protection and advocacy system and client assistance program. (B) The Ohio protection and advocacy system shall provide both of the following: (1) Advocacy services for people with disabilitie... |
Section 5123.601 | Access to information by staff and attorneys.
...s providing services for those persons: departments; institutions; hospitals; boards of alcohol, drug addiction, and mental health services; county boards of developmental disabilities; and any other entity providing services to persons who may be represented by the Ohio protection and advocacy system pursuant to division (D) of this section; (2) Any records maintained in computerized data banks of the departments... |
Section 5123.602 | Compensation in class action cases.
... the work of attorneys employed by the Ohio protection and advocacy system or an agency or political subdivision of the state is awarded to the system in a class action lawsuit pursued by the system, the compensation shall be limited to the actual hourly rate of pay for that legal work. |
Section 5123.603 | Joint committee to examine protection and advocacy system.
...(A) A joint committee to examine the activities of the state's protection and advocacy system and client assistance program is hereby established. (B) The joint committee shall consist of three members of the senate appointed by the senate president, two from the majority party and one from the minority party, and three members of the house of representatives, two from the majority party and one from the minority ... |
Section 5123.61 | Reporting abuse, neglect, and other major unusual incidents.
...vision do not apply to employees of the Ohio protection and advocacy system. (b) An attorney or physician is not required to make a report pursuant to division (C)(1) of this section concerning any communication the attorney or physician receives from a client or patient in an attorney-client or physician-patient relationship, if, in accordance with division (A) or (B) of section 2317.02 of the Revised Code, the att... |
Section 5123.611 | Reviewing report of abuse, neglect, or a major unusual incident.
... the following: (1) An employee of the department of developmental disabilities; (2) An employee of a county board of developmental disabilities; (3) An employee in a position that includes providing specialized services, as defined in section 5123.50 of the Revised Code, to an individual with a developmental disability. (B) At the conclusion of a review of a report of abuse, neglect, or a major unusual incident ... |
Section 5123.612 | Reporting unusual incidents.
...The director of developmental disabilities shall adopt rules in accordance with Chapter 119. of the Revised Code regarding the reporting of major unusual incidents and unusual incidents concerning persons with developmental disabilities. The rules shall specify what constitutes a major unusual incident or an unusual incident. |
Section 5123.613 | Subject of report or representative has right to report and related records.
...5123.61 of the Revised Code dies, the department of developmental disabilities or the county board of developmental disabilities, whichever is applicable, shall, on written request, provide to both of the following persons the report and any records relating to the report: (1) If the report or records are necessary to administer the estate of the person who is the subject of the report,... |
Section 5123.614 | Procedure following report of major unusual incident.
...ction 5123.612 of the Revised Code, the department of developmental disabilities may do either of the following: (1) Conduct an independent review or investigation of the incident; (2) Request that an independent review or investigation of the incident be conducted by a county board of developmental disabilities that is not implicated in the report, a regional council of government, or any other entity authorized t... |
Section 5123.62 | Rights of persons with a developmental disability.
...The rights of persons with developmental disabilities include, but are not limited to, the following: (A) The right to be treated at all times with courtesy and respect and with full recognition of their dignity and individuality; (B) The right to an appropriate, safe, and sanitary living environment that complies with local, state, and federal standards and recognizes the persons' need for privacy and independence... |
Section 5123.621 | Legislative intent regarding adult day services.
...It is the intent of the general assembly that all individuals being served on the effective date of this section through the array of adult day services that exists on that date, including services delivered in a sheltered workshop, be fully informed of any new home and community-based services and their option to receive those services. It is also the intent of the general assembly that those individuals be permitte... |
Section 5123.63 | Distributing copies of rights.
...hio protection and advocacy system, the department of developmental disabilities, and the county board of developmental disabilities of the county in which the provider provides services. |
Section 5123.64 | Enforcement duties.
...ment of developmental disabilities, the Ohio protection and advocacy system, or the appropriate county board of developmental disabilities; (3) Take any other appropriate action to ensure compliance with sections 5123.61 to 5123.64 of the Revised Code, including the filing of a legal action to enforce rights or to recover damages for violation of rights. |
Section 5123.65 | Self-administration of medication.
... self-administration of medication. The department of developmental disabilities shall adopt rules as it considers necessary to implement and enforce this section. The rules shall be adopted in accordance with Chapter 119. of the Revised Code. |
Section 5123.651 | Assistance in self-administration of prescribed medication.
...(A) As used in this section, "developmental disabilities personnel" and "prescribed medication" have the same meanings as in section 5123.41 of the Revised Code. (B) Developmental disabilities personnel who are not specifically authorized by other provisions of the Revised Code to provide assistance in the self-administration of prescribed medication may, under this section, provide that assistance as part of the s... |
Section 5123.67 | Liberal construction of chapter.
...This chapter shall be liberally interpreted to accomplish the following purposes: (A) To promote the human dignity and to protect the constitutional rights of persons with developmental disabilities in the state; (B) To encourage the development of the ability and potential of each person with a developmental disability in the state to the fullest possible extent, no matter how severe the degree of disability; (C)... |
Section 5123.69 | Voluntary admission.
...(A) Except as provided in division (D) of this section, any person who is eighteen years of age or older and who is or believes self to be a person with an intellectual disability may make written application to the managing officer of any institution for voluntary admission. Except as provided in division (D) of this section, the application may be made on behalf of a minor by a parent or guardian, and on behalf of ... |
Section 5123.691 | Admission to specialized treatment unit for minors.
...treatment needs of the minor. (2) The department of developmental disabilities may establish other criteria for admitting a minor into a specialized treatment unit. (D) Before a minor may be admitted into a specialized treatment unit, the minor's parent or legal guardian, the county board of developmental disabilities, and the department shall enter into a memorandum of understanding setting forth the roles and r... |
Section 5123.70 | Requesting release of voluntary resident.
...quest for release, the managing officer files an affidavit or causes an affidavit to be filed under section 5123.71 of the Revised Code with the probate division of the court of common pleas of the county where the resident has his residence or where he is institutionalized, release may be postponed until a hearing can be held pursuant to section 5123.76 of the Revised Code. In such case, the request for release sha... |
Section 5123.701 | Application for short-term care.
...(A) Except as provided in division (D) of this section, any person in the community who is eighteen years of age or older and who is or believes self to be a person with an intellectual disability may make written application to the managing officer of any institution for temporary admission for short-term care. The application may be made on behalf of a minor by a parent or guardian, and on behalf of an adult adjudi... |
Section 5123.71 | Affidavit for involuntary institutionalization.
...oper by the court. The affidavit may be filed only by a person who has custody of the individual as a parent, guardian, or service provider or by a person acting on behalf of the department or a county board of developmental disabilities. This section does not apply regarding the institutionalization of a person pursuant to section 2945.39, 2945.40, 2945.401, or 2945.402 of the Revised Code. The affidavit shall cont... |
Section 5123.711 | Assessment of individual's needs.
... assessment, the board shall notify the department of developmental disabilities that the request has been made and that there is the potential for court-ordered institutionalization of an individual. The department may provide assistance to the board in the performance of the assessment. (C) The board's assessment of an individual's needs shall include the following: (1) A determination of the current need... |
Section 5123.72 | Presentation of case for state.
...The director of developmental disabilities shall designate a person to present the case on behalf of the state at the hearings provided for in sections 5123.75 and 5123.76 of the Revised Code. The designee of the director also may present the case on behalf of the state in any other hearing provided for in this chapter. |
Section 5123.73 | Notice of hearing.
...t next of kin other than the person who filed the affidavit, if that person's address is known to the court; (6) The respondent's counsel; (7) The director of developmental disabilities or the director's designee under section 5123.72 of the Revised Code. (B) All persons entitled to notice under this section may waive that notice. (C) A copy of the affidavit and of any temporary order shall be served wit... |
Section 5123.74 | Emergency institutionalization by probate court.
...(A) On receipt of an affidavit under section 5123.71 of the Revised Code, the probate division of the court of common pleas may, if it has probable cause to believe that the person named in the affidavit is a person with an intellectual disability subject to institutionalization by court order and that emergency institutionalization is required, do any of the following: (1) Issue a temporary order of detention order... |
Section 5123.75 | Probable cause hearing.
...A respondent who is involuntarily placed in an institution or other place as designated in section 5123.77 of the Revised Code or with respect to whom proceedings have been instituted under section 5123.71 of the Revised Code shall, on request of the respondent, the respondent's guardian, or the respondent's counsel, or upon the court's own motion, be afforded a hearing to determine whether there is probable cause to... |
Section 5123.76 | Full hearing.
...l make a report of the admission to the department. |
Section 5123.77 | Temporary holding.
...(A) Pending removal to an institution, a person taken into custody or ordered to be institutionalized pursuant to this chapter may be held in the person's home, a certified foster home, licensed rest or nursing home, a county home, or a facility used for detention, but the person shall be kept separate from persons charged with or convicted of penal offenses. (B) Whenever any person is taken into custody under this ... |
Section 5123.79 | Discharging involuntary resident.
...(A) Notwithstanding a finding pursuant to section 5123.76 of the Revised Code that a person is a person with an intellectual disability subject to institutionalization by court order, the managing officer of an institution, with the concurrence of the chief program director, shall, except as provided in division (C) of this section, grant a discharge without the consent or the authorization of any court upon a deter... |
Section 5123.80 | Trial visits.
...(A) When the chief program director of an institution for persons with i ntellectual disabilities considers that it is in the best interest of a resident, the managing officer may permit the resident to leave the institution on a trial visit. The trial visit shall be for the period of time the managing officer determines. (B) The managing officer, upon releasing a resident on trial visit, may impose such requireme... |
Section 5123.801 | Expenses of trial visit or discharge.
...institution under the control of the department of developmental disabilities may then provide actual traveling and escort expenses to the township of which the resident resided at the time of institutionalization. The amount payable shall be charged to the current expense fund of the institution. The expense of the return of a resident on trial visit from an institution, if it cannot be paid by the respo... |
Section 5123.81 | Involuntarily committed resident absent without leave.
...When an involuntarily committed resident of an institution for persons with intellectual disabilities is absent without leave, an order shall be issued within five days after the resident's absence requiring the resident to be taken into custody by any health or police officer, or sheriff and transported to the institution from which the resident is absent. The order may be issued by the director o... |
Section 5123.811 | Reporting change of location, death or condition of resident.
...institution under the control of the department of developmental disabilities shall immediately report the removal, death, absence without leave, discharge, or trial visit of any resident, or return of an absent without leave or visiting resident to the department, the probate judge of the county from which such resident was institutionalized, and the probate judge of the county of the residence of such resi... |
Section 5123.82 | Application for habilitation and care of discharged resident.
...(A) Any person who has been institutionalized under this chapter may, at any time after discharge from such institution, make application to the managing officer of any public institution for habilitation and care if such person feels the person is in need of such services. If the chief program director determines the applicant to be in need of such services, the managing officer may provide such services as are requ... |
Section 5123.83 | Civil and public or private employment rights.
...No person shall be deprived of any civil right, or public or private employment, solely by reason of the person's having received services, voluntarily or involuntarily, for a developmental disability. Any person in custody, voluntarily or involuntarily, under the provisions of this chapter, retains all rights not specifically denied the person under this or any other chapter of the Revised Code. |
Section 5123.84 | Free communication with others by residents.
...All residents of institutions for persons with i ntellectual disabilities shall be allowed to communicate freely with others, including but not restricted to the following: (A) Receiving visitors at reasonable times; (B) Being visited by counsel or personal physician, or both, at any reasonable time; (C) Having reasonable access to telephones to make and receive confidential calls, including a reasonable number ... |
Section 5123.85 | Habilitation plan.
...sistent with the habilitation plan. The department of developmental disabilities shall set standards for habilitation and care provided to such residents, consistent wherever possible with standards set by national accreditation organizations recognized by the department. (D) All such residents shall receive periodic comprehensive re-evaluations of the habilitation plan by the professional staff of the institution a... |
Section 5123.851 | Procedure upon discharge.
...When a resident institutionalized pursuant to this chapter is discharged from the institution, the managing officer of the institution may provide the resident with all personal items that were purchased in implementing the resident's habilitation plan established pursuant to section 5123.85 of the Revised Code. The personal items may be provided to the resident, regardless of the source of the funds that were used t... |
Section 5123.86 | Consent for medical treatment.
... court approval. The affidavit shall be filed with the court with which the request for prior approval would have been filed within five court days after the surgery, and a copy of the affidavit shall be placed in the resident's file and shall be given to the guardian, spouse, or next of kin of the resident, to the hospital at which the surgery was performed, and to the Ohio protection and advocacy system created by ... |
Section 5123.87 | Labor or tasks performed by residents.
...(A) No resident of an institution for persons with i ntellectual disabilities shall be compelled to perform labor that involves the operation, support, or maintenance of the institution or for which the institution is under contract with an outside organization. Privileges or release from the institution shall not be conditional upon the performance of such labor. Residents who volunteer to perform such labor shall... |