Ohio Revised Code Search
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Section 1337.11 | Durable power of attorney for health care definitions.
...s, dietitians, other authorized persons acting under the direction of an attending physician, and administrators of health care facilities. (K) "Home health agency" has the same meaning as in section 3740.01 of the Revised Code. (L) "Hospice care program" and "pediatric respite care program" have the same meanings as in section 3712.01 of the Revised Code. (M) "Hospital" has the same meanings as in sections 370... |
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Section 1337.12 | Formality of execution.
... shall be acknowledged before a notary public, who shall make the certification described in section 147.53 of the Revised Code and also shall attest that the principal appears to be of sound mind and not under or subject to duress, fraud, or undue influence. (D)(1) If a principal has both a valid durable power of attorney for health care and a valid declaration, division (B) of section 2133.03 of the Revised ... |
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Section 1337.13 | Authority of attorney in fact under a durable power of attorney for health care.
...osed health care, to review health care records, and to consent to the disclosure of health care records. (B)(1) An attorney in fact under a durable power of attorney for health care does not have authority, on behalf of the principal, to refuse or withdraw informed consent to life-sustaining treatment, unless the principal is in a terminal condition or in a permanently unconscious state and unless the applicable re... |
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Section 1337.14 | Revocation.
... or the designation of the attorney in fact under it. The principal may so revoke at any time and in any manner. The revocation shall be effective when the principal expresses an intention to so revoke, except that, if the principal made the principal's attending physician aware of the durable power of attorney for health care, the revocation shall be effective upon its communication to the attending physician by ... |
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Section 1337.15 | Immunity.
...eport of the attempt in the health care records of the principal. (5) If the decision is to withhold or withdraw life-sustaining treatment, the attending physician determines, in good faith, to a reasonable degree of medical certainty, and in accordance with reasonable medical standards, that both of the following apply: (a) The principal is in a terminal condition or in a permanently unconscious state. (b) There ... |
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Section 1337.16 | Duties of health care providers.
...ith the instructions of an attorney in fact under a durable power of attorney for health care on the basis of a matter of conscience or on another basis. An employee or agent of an attending physician of a principal or of a health care facility in which a principal is confined may refuse to comply with the instructions of an attorney in fact under a durable power of attorney for health care on the basis of a matter o... |
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Section 1337.21 | Short title.
... cited as the uniform power of attorney act. |
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Section 1337.22 | Definitions.
...y company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. (G) "Power of attorney" means a writing or other record that grants authority to an agent to act in the place of the principal, whether or not the term power of attorney is used. (H) "Presently exercisable general power of appointment," with re... |
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Section 1337.23 | Applicability.
...editor in connection with a credit transaction; (B) A power to make health-care decisions; (C) A proxy or other delegation to exercise voting rights or management rights with respect to an entity; (D) A power created on a form prescribed by a government or governmental subdivision, agency, or instrumentality for a governmental purpose. |
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Section 1337.24 | Power of attorney is durable.
...A power of attorney created under sections 1337.21 to 1337.64 of the Revised Code is durable unless it expressly provides that it is terminated by the incapacity of the principal. |
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Section 1337.25 | Execution of power of attorney.
...owledges the signature before a notary public or other individual authorized by law to take acknowledgments. |
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Section 1337.26 | Validity of power of attorney.
...(A) A power of attorney executed in this state on or after the effective date of this section is valid if its execution complies with section 1337.25 of the Revised Code. (B) A power of attorney executed in this state before the effective date of this section is valid if its execution complied with the law of this state as it existed at the time of execution. (C) A power of attorney executed other than in t... |
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Section 1337.27 | Meaning and effect of power of attorney.
...The meaning and effect of a power of attorney is determined by the law of the jurisdiction indicated in the power of attorney and, in the absence of an indication of jurisdiction, by the law of the jurisdiction in which the power of attorney was executed. |
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Section 1337.28 | Nomination of guardian; relation of agent to court-appointed fiduciary.
...(A) In a power of attorney, a principal may nominate a guardian of the principal's person, estate, or both and may nominate a guardian of the person, the estate, or both of one or more of the principal's minor children or incompetent adult children, whether born at the time of the execution of the power of attorney or afterward. The nomination is for consideration by a court if proceedings for the appointment o... |
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Section 1337.29 | When power of attorney effective.
...that the principal is incapacitated may act as the principal's personal representative pursuant to 42 U.S.C. 1320d to 1320d-8, and applicable regulations, to obtain access to the principal's health-care information and communicate with the principal's health-care provider. |
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Section 1337.30 | Termination of power of attorney or agent's authority.
... does not provide for another agent to act under the power of attorney. (B) An agent's authority terminates when any of the following occurs: (1) The principal revokes the authority; (2) The agent dies, becomes incapacitated, or resigns; (3) An action is filed for the divorce, dissolution, or annulment of the agent's marriage to the principal or their legal separation, unless the power of attorney otherwise ... |
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Section 1337.31 | Coagents and successor agents.
...l may designate two or more persons to act as coagents. Unless the power of attorney otherwise provides, each coagent may exercise its authority independently. (B) A principal may designate one or more successor agents to act if an agent resigns, dies, becomes incapacitated, is not qualified to serve, or declines to serve. A principal may grant authority to designate one or more successor agents to an agent or... |
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Section 1337.32 | Reimbursement and compensation of agent.
...Unless the power of attorney otherwise provides, an agent is entitled to reimbursement of expenses reasonably incurred on behalf of the principal and to compensation that is reasonable under the circumstances. |
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Section 1337.33 | Agent's acceptance.
...Except as otherwise provided in the power of attorney, a person accepts appointment as an agent under a power of attorney by exercising authority or performing duties as an agent or by any other assertion or conduct indicating acceptance. |
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Section 1337.34 | Agent's duties.
...t shall do all of the following: (1) Act in accordance with the principal's reasonable expectations to the extent actually known by the agent and, otherwise, in the principal's best interest; (2) Act in good faith; (3) Act only within the scope of authority granted in the power of attorney; (4) Attempt to preserve the principal's estate plan to the extent actually known by the agent if preserving the plan i... |
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Section 1337.35 | Exoneration of agent.
...A provision in a power of attorney relieving an agent of liability for breach of duty is binding on the principal and the principal's successors in interest except to the extent that either of the following applies: (A) The provision relieves the agent of liability for breach of duty committed dishonestly, with an improper motive, or with reckless indifference to the purposes of the power of attorney or the b... |
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Section 1337.36 | Judicial relief.
...ardian, conservator, or other fiduciary acting for the principal, including an executor or administrator of the estate of a deceased principal; (3) A person authorized to make health-care decisions for the principal; (4) The principal's spouse, parent, or descendant; (5) An individual who would qualify as a presumptive heir of the principal; (6) A person named as a beneficiary to receive any property, benefi... |
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Section 1337.37 | Agent's liability.
...An agent that violates sections 1337.21 to 1337.64 of the Revised Code is liable to the principal or the principal's successors in interest for the amount required to restore the value of the principal's property to what it would have been had the violation not occurred and the amount required to reimburse the principal or the principal's successors in interest for the attorney's fees and costs paid on the agen... |
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Section 1337.38 | Agent's resignation; notice.
...Unless the power of attorney provides a different method for an agent's resignation, an agent may resign by giving notice to the principal and, if the principal is incapacitated, to whichever of the following applies: (A) The guardian, if one has been appointed for the principal, and any coagent or successor agent; (B) If there is no person described in division (A) of this section, to any of the following: ... |
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Section 1337.39 | Principles of law and equity.
...Unless displaced by a provision of sections 1337.21 to 1337.64 of the Revised Code, the principles of law and equity supplement those sections. |
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Section 5103.303 | Payment of department allowance to private agencies.
...When the Ohio child welfare training program provides preplacement or continuing training to a prospective foster caregiver or foster caregiver whose recommending agency is a private child placing agency or private noncustodial agency, the department of children and youth shall not pay the Ohio child welfare training program the allowance the department would otherwise pay to the private child placing agency or priva... |
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Section 5103.32 | Funding Ohio child welfare training program.
... For purposes of adequately funding the Ohio child welfare training program, the department of children and youth may use any of the following: (1) The federal financial participation funds withheld pursuant to division (E) of section 5180.42 of the Revised Code in an amount determined by the department; (2) Funds available under Title XX, Title IV-B, and Title IV-E to pay for training costs; (3) Other avail... |
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Section 5103.37 | Training coordinator for child welfare training program - duties.
... Revised Code; (H) Conduct any other activities necessary for the development, implementation, and management of the program as specified in the contract; (I) Identify the competencies needed to do the jobs that the training is for so that the training helps the development of those competencies; (J) Ensure that the training provides the knowledge, skill, and ability needed to do the jobs that the training i... |
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Section 5103.39 | Training program steering committee.
... children and youth shall establish the Ohio child welfare training program steering committee. Sections 101.82 to 101.87 of the Revised Code do not apply to the committee. |
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Section 5103.391 | Appointment of members.
...zation that represents the interests of public children services agencies; (D) One representative of the Ohio child welfare training program coordinator; (E) Two current foster caregivers certified by the department of children and youth under section 5103.03 of the Revised Code; (F) Employees of public children services agencies. |
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Section 5103.40 | Ohio child welfare program steering committee.
...tion; (B) Conduct strategic planning activities regarding the Ohio child welfare training program; (C) Provide the department of children and youth and Ohio child welfare training program coordinator recommendations regarding the program's operation; (D) After reviewing individual training needs assessments completed under sections 5153.125 and 5153.126 of the Revised Code, consult with the Ohio child welfar... |
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Section 5103.41 | Designating training regions.
... The department may make a grant to a public children services agency that establishes and maintains a regional training center under this section for the purpose of wholly or partially subsidizing the operation of the center. The department shall specify in the grant all of the center's duties, including the duties specified in section 5103.42 of the Revised Code. |
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Section 5103.42 | [Former R.C. 5103.422, amended and renumbered by H.B. 33, 135th General Assembly, effective 10/3/2023] Regional training staff responsibilities.
...ng the training for the region with the Ohio child welfare training program coordinator. |
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Section 5103.50 | License for private, nonprofit therapeutic wilderness camp.
...he camp, their families, staff, and the public; (5) Standards for emergency and disaster preparedness, including procedures for emergency evacuation and standards requiring that a method of emergency communication be accessible at all times; (6) Standards that ensure the protection of children's civil rights; (7) Standards for the admission and discharge of children attending the camp, including standards fo... |
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Section 5103.52 | Inspection.
...rector may request access to the camp's records or to the written policies adopted by the camp pursuant to section 5103.50 of the Revised Code. |
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Section 5103.53 | Injunctive relief.
...A private, nonprofit therapeutic wilderness camp shall not operate without a license issued under section 5103.50 of the Revised Code. If the director of children and youth determines that a camp is operating without a license, the director may petition the court of common pleas in the county in which the camp is located for an order enjoining its operation. The court shall grant injunctive relief upon a showing that... |
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Section 5103.54 | Rules.
...(A) The director of children and youth shall adopt rules in accordance with Chapter 119. of the Revised Code to establish the following: (1) Policies and procedures for enforcing the minimum standards of operation for private, nonprofit therapeutic wilderness camps; (2) Procedures the director shall follow if the director determines that conditions at a camp pose imminent risk to the life, health, or safety of ... |
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Section 5103.55 | Compulsory school attendance.
...A parent of a child attending a private, nonprofit therapeutic wilderness camp is not relieved of the parent's obligations regarding compulsory school attendance pursuant to section 3321.04 or 3321.042 of the Revised Code. |
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Section 5103.57 | Professional treatment staff definitions.
...er home program agency employee or contractor with responsibility for any of the following: (1) Providing rehabilitative services to a child placed in a specialized foster home program or to the child's family; (2) Conducting home studies as an assessor for specialized foster homes; (3) Providing clinical direction to specialized foster caregivers; (4) Supervision of treatment team leaders. (B) "Specialized... |
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Section 5103.58 | Professional treatment staff requirements and training.
...fessional treatment staff employed by a public children services agency who are not subject to the licensing requirements of Chapter 4757. of the Revised Code shall meet the requirements of sections 5153.112 and 5153.122 of the Revised Code. (B)(1) Professional treatment staff employed by a private child placing agency or private noncustodial agency who are not subject to the licensing requirements of Chapter 4757... |
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Section 5103.59 | Professional treatment staff training program.
...The department of children and youth shall work with private child placing agencies and private noncustodial agencies to establish a comprehensive, competency-based professional treatment staff training program for employees of private child placing agencies and private noncustodial agencies that meets the requirements of division (B)(1) of section 5103.58 of the Revised Code. |
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Section 5103.60 | Residential infant care center definitions.
... of families through infant diversion practices and programs. |
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Section 5103.602 | Application for residential infant care center certification.
... of families through infant diversion practices and programs shall be deemed a residential infant care center by the director if the center is in compliance with the requirements and rules described under division (B) of section 5103.603 of the Revised Code. |
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Section 5103.603 | Certification of residential infant care center.
...The director of children and youth shall issue a certificate to a person to operate a residential infant care center as follows: (A) Pursuant to division (A) of section 5103.602 of the Revised Code if the center complies with all of the requirements under sections 5103.608 to 5103.6012 of the Revised Code and, if applicable, all of the rules adopted under section 5103.6018 of the Revised Code; (B)(1) Pursuant t... |
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Section 5103.608 | Infant eligibility for residential infant care center placement.
... regarding care for the infant. (C) A public children services agency or private child placing agency requires additional time to determine placement of the infant. |
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Section 5103.609 | Placement in residential infant care center for up to 90 days.
..., guardian, or legal custodian; (2) A public children services agency; (3) A private child placing agency. (B) As used in this section, "legal custody" has the same meaning as in section 2151.011 of the Revised Code. |
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Section 5103.6010 | Residential infant care center operational requirements.
...operate with any transferring hospital, public children services agency, and private child placing agency; (3) Refer affected families or caregivers to appropriate community agencies and services for support and aftercare; (4) Follow up with affected families and caregivers following the infant's discharge. (I)(1) Encourage employee-supervised dyad care and permit one of the infant's parents or caregivers to... |
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Section 5103.6011 | Residential infant care center compliance exclusions.
...(A) A residential infant care center shall not be required to do the following: (1) Provide toilets or potty chairs for infants. (2) Comply with the following rules: (a) Paragraph (E) of rule 5101:2-5-09 of the Administrative Code. (b) Paragraphs (N) and (P) to (R) of rule 5101:2-9-03 of the Administrative Code. (c) Rule 5101:2-9-19 of the Administrative Code. (d) Paragraphs (A) to (H) of rule 5101:... |
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Section 5103.6012 | Residential infant care center child-to-staff ratios.
...A residential infant care center shall not count volunteers or interns to meet child-to-staff ratios, except for in emergency situations, including an extremely ill staff member. |
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Section 5103.6015 | Federal grant application for residential infant care centers.
...e "Child Abuse Prevention and Treatment Act," 42 U.S.C. 5116, and the "Family First Prevention Services Act," 42 U.S.C. 50711, 50723, and 50741 to assist residential infant care centers certified under section 5103.603 of the Revised Code in providing temporary residential and other care to infants. |