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The Legislative Service Commission staff updates the Revised Code on an ongoing basis, as it completes its act review of enacted legislation. Updates may be slower during some times of the year, depending on the volume of enacted legislation.

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OHIO PUBLIC RECORDS ACT
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Section 5123.50 | Registry of employees guilty of abuse, neglect or misappropriation definitions.

...ram or service available to the general public is not a specialized service. (J) "Verbal abuse" means purposely using words to threaten, coerce, intimidate, harass, or humiliate an individual. (K) "Sexual conduct," "sexual contact," and "spouse" have the same meanings as in section 2907.01 of the Revised Code.

Section 5123.51 | Reviewing report of abuse, neglect or misappropriation.

...uired 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.

...ormation contained in the registry is a public record for the purposes of section 149.43 of the Revised Code and is subject to inspection and copying under section 1347.08 of the Revised Code.

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.

...y sexual conduct or have any sexual contact with an individual with a developmental disability for whom the developmental disabilities employee is employed or under a contract to provide care unless the individual is the developmental disabilities employee's spouse. (B) Any developmental disabilities employee who violates division (A) of this section shall be eligible to be included in the registry regarding misappr...

Section 5123.542 | Notice explaining prohibited conduct.

...ilities; (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 the department to provide supported living. (B) The department of developmental disabilities or a county board of developmental ...

Section 5123.55 | Protective services definitions.

... "Protector" 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, ...

Section 5123.56 | Statewide system of protective service.

...r 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 receiving services fees for services provided. No costs or fees shall be charged by a probate court for the filing of a petition for guardianship, trusteeship, protectorship, or conservatorship under sections 5123.55 to ...

Section 5123.57 | Evaluation before guardianship or trusteeship begins.

...ed Code. Information contained in those records shall not be disclosed publicly in such a manner as to identify individuals, but may be made available to persons approved by the director of developmental disabilities or the court.

Section 5123.58 | Nomination of protective services agency as guardian, trustee or protector.

...roviding protective services under contract with the department of developmental disabilities may be nominated under any of the following conditions as guardian, trustee, protector, conservator, or as trustee and protector of a person with a developmental disability: (A) The person who needs or believes the person needs protective service may make application in writing. (B) Any interested person may make applica...

Section 5123.59 | Bond.

...es of trustee, 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...

Section 5123.60 | Ohio protection and advocacy system.

...abilities Assistance and Bill of Rights Act of 2000," 114 Stat. 1678 (2000), 42 U.S.C. 15001; (2) A client assistance program, as provided under section 112 of the "Rehabilitation Act of 1973," 29 U.S.C. 732. (C) The Ohio protection and advocacy system may establish any guidelines necessary for its operation. (D) The Ohio protection and advocacy system shall adopt a policy that acknowledges and supports the ...

Section 5123.601 | Access to information by staff and attorneys.

...idential facilities and records of contract agencies of county boards of developmental disabilities and boards of alcohol, drug addiction, and mental health services, relating to expenditures of state and federal funds or to the commitment, care, treatment, and habilitation of all persons represented by the Ohio protection and advocacy system, including those who may be represented pursuant to division (D) of this se...

Section 5123.602 | Compensation in class action cases.

...te 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 5123.611 | Reviewing report of abuse, neglect, or a major unusual incident.

...(A) As used in this section, " developmental disabilities employee" means all of 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 co...

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.

...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, to the executor or administrator of the person's estate; (2) To the guardian of the person who is the subject of the report or, if the individual had no guardian at the time of death, to a person in the first appl...

Section 5123.614 | Procedure following report of major unusual incident.

...(A) Subject to division (B) of this section, on receipt of a report of a major unusual incident made pursuant to section 5123.61 or 5126.31 of the Revised Code or rules adopted under section 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 investigat...

Section 5123.62 | Rights of persons with a developmental disability.

...formation in their personal and medical records, except to the extent that disclosure or release of records is permitted under sections 5123.89 and 5126.044 of the Revised Code; (U) The right to voice grievances and recommend changes in policies and services without restraint, interference, coercion, discrimination, or reprisal; (V) The right to be free from unnecessary chemical or physical restraints; (W) The rig...

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.

... addresses and telephone numbers of the Ohio 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.

...In addition to the rights specified in section 5123.62 of the Revised Code, individuals with developmental disabilities who can safely self-administer medication or receive assistance with self-administration of medication have the right to self-administer medication or receive assistance with the self-administration of medication. The department of developmental disabilities shall adopt rules as it considers necessa...