Ohio Revised Code Search
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Section 5122.31 | Confidentiality.
...) That records in the possession of the Ohio history connection may be released to the closest living relative of a deceased patient upon request of that relative; (12) That records pertaining to the patient's diagnosis, course of treatment, treatment needs, and prognosis shall be disclosed and released to the appropriate prosecuting attorney if the patient was committed pursuant to section 2945.38, 2945.39, 2945.4... |
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Section 5122.311 | Notification of bureau of criminal identification and investigation of adjudication of mental illness.
... provided in this division, and are not public records. (C) The attorney general, by rule adopted under Chapter 119. of the Revised Code, shall prescribe and make available to all probate judges and all chief clinical officers a form to be used by them for the purpose of making the notifications required by division (A) of this section. |
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Section 5122.33 | Department of mental health and addiction services; additional powers.
... from the chief clinical officer of any public hospital relating to the admission, examination, diagnosis, release, or discharge of any patient; visit each such hospital regularly to review the admission procedures of all new patients admitted between visits; investigate by personal visit complaints made by any patient or by any person on behalf of a patient; and adopt such rules as are reasonably necessary to effect... |
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Section 5122.34 | Immunity.
...unity mental health services providers, acting in good faith, either upon actual knowledge or information thought by them to be reliable, who procedurally or physically assist in the hospitalization or discharge, determination of appropriate placement, court-ordered treatment, or in judicial proceedings of a person under this chapter, do not come within any criminal provisions, and are free from any liability t... |
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Section 5122.341 | Immunity from liability.
...ble for injury or damages caused by any action or inaction taken within the scope of the board member's official duties or employee's employment relating to the commitment of, and services provided to, the person committed to the department, unless the action or inaction constitutes willful or wanton misconduct. A board member's or employee's action or inaction does not constitute willful or wanton misconduct if the ... |
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Section 5122.35 | Venue.
...(A) In a case in which the jurisdiction of a court has not been specifically given or the procedure provided for, the court in the county in which a person alleged to be mentally ill is found shall have full, complete, and general jurisdiction to make disposition of such person in accordance with the procedure prescribed by Chapter 5122. of the Revised Code. (B) When an affidavit is filed in the court as provided in... |
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Section 5122.36 | Expenses of return to county of residence.
...If the legal residence of a person with a mental illness is in another county of the state, the necessary expense of the person's return is a proper charge against the county of legal residence. If an adjudication and order of hospitalization by the probate court of the county of temporary residence are required, the regular probate court fees and expenses incident to the order of hospitalization under this chapter a... |
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Section 5122.38 | Competency adjudications.
...Each individual now or formerly hospitalized pursuant to this chapter or former Chapter 5123. of the Revised Code, is entitled to an adjudication of competency or incompetency or termination of guardianship upon written request by any such individual, his guardian, or the chief clinical officer to the probate court. The court, on its own motion, may initiate such a hearing. Upon filing of such application, or on the... |
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Section 5122.39 | Guardianship of mentally ill persons.
...found to be dependent or neglected, the public children's services agency in the county of residence has final guardianship authority and responsibility. (B) In no case shall the guardianship of a person with a mental illness be assigned to the chief medical officer or any staff member of a hospital, board, or provider from which the person is receiving mental health services. |
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Section 5122.41 | Transmission of court papers.
...provided for in this section, and while acting as such, shall be governed by all laws applicable to guardians of the estates of either minors or incompetents. The special guardian shall be allowed such compensation for his services as the court thinks reasonable, provided he forthwith performs all the duties incumbent upon him. |
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Section 5122.42 | Preservation of rights and privileges.
...Nothing in this chapter limits any rights, privileges, or immunities under the constitution, and laws of the United States or this state. |
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Section 5122.43 | Payment of costs, fees, and expenses of proceedings - reimbursement.
...ians or licensed clinical psychologists acting as expert witnesses and to other expert witnesses designated by the court, an amount determined by the court; (4) To other witnesses, the same fees and mileage as for attendance at the court of common pleas, to be paid upon the approval of the probate judge; (5) To a person, other than the sheriff or the sheriff's deputies, for taking a person with a mental illness... |
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Section 5122.44 | Patients buried on department hospital grounds - definitions.
...unds of or adjacent to the grounds of a public hospital: (1) Name; (2) Date of birth; (3) Date of death or burial; (4) Specific physical location of the burial, entombment, or inurnment, including the plot or grave site number if available. (B) "Patient" means an individual who died while admitted to a public hospital that was under the control of the department of behavioral health. (C) "Record" has the ... |
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Section 5122.45 | Compilation of patient information for each cemetery.
...st complete compilations possible using records in the department's possession and records obtained in accordance with section 5122.46 of the Revised Code. |
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Section 5122.46 | History connection and state agencies to provide access to information.
...ealth, provide the department access to records and information in the possession of the Ohio history connection or state agency for purposes of creating compilations. |
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Section 5122.47 | Deposit of compilations with history connection and state library.
...sit a copy of each compilation with the Ohio history connection and the state library as soon as a compilation is completed. The department shall not disclose any record or information used to create a compilation except as provided in sections 149.43 and 5122.31 of the Revised Code. |
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Section 5122.99 | Penalty.
...A person who violates division (B)(2) of section 5122.32 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. |
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Section 5123.01 | Department of developmental disabilities definitions.
...ce from a private agency that maintains records of assistance given. A person having a legal settlement in the state shall be considered as having legal settlement in the assistance area in which the person resides. No adult person coming into this state and having a spouse or minor children residing in another state shall obtain a legal settlement in this state as long as the spouse or minor children are receiving p... |
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Section 5123.011 | Adoption of rules.
... functional limitation in a major life activity as appropriate for the person's age. |
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Section 5123.012 | Eligibility determinations.
...(A) As used in this section, "preschool child with a disability" has the same meaning as in section 3323.01 of the Revised Code. (B) Except as provided 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 acc... |
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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... |
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Section 5123.014 | Reference to department or director and other terms.
...r 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, contract, grant, or other document, the reference or designation is deemed to have the same meaning establ... |
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Section 5123.02 | Duties of department.
...the state. These programs shall include public awareness, prevention, assessment, treatment, training, and care. (B) Provide administrative leadership for statewide services; (C) Develop and maintain, to the extent feasible, data on all services and programs that governmental and private agencies provide for persons with developmental disabilities; (D) Provide leadership to local authorities in planning and ... |
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Section 5123.021 | Determining need for nursing facility care.
...tion 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 facility requires the level of services provided by a nursing facility and, if the individual requires that level of service... |
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Section 5123.022 | State policy regarding community employment for individuals with developmental disabilities.
...iction 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... |