Ohio Revised Code Search
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Section 5123.0418 | Additional uses of funds.
... (A) In addition to other authority granted the director of developmental disabilities for use of funds appropriated to the department of developmental disabilities, the director may use such funds for the following purposes: (1) All of the following to assist persons with developmental disabilities remain in the community and avoid institutionalization: (a) Behavioral and short-term interventions; (b) Residential... |
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Section 5123.14 | Investigations.
...The department of developmental disabilities may make such investigations as are necessary in the performance of its duties and to that end the director of developmental disabilities 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 such investigations ... |
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Section 5123.16 | Valid supported living certificate required.
... (A) As used in sections 5123.16 to 5123.1613 of the Revised Code: (1) "Applicant" means any of the following: (a) The chief executive officer of a business that applies under section 5123.161 of the Revised Code for a certificate to provide supported living; (b) The chief executive officer of a business that seeks renewal of the business's supported living certificate under section 5123.164 of the Revised Code... |
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Section 5123.162 | Applicant survey to determine if standards met.
...(A) The director of developmental disabilities may conduct surveys of persons and government entities that seek a supported living certificate to determine whether the persons and government entities meet the certification standards. The director may also conduct surveys of providers to determine whether the providers continue to meet the certification standards. The director may assign to a county board of developme... |
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Section 5123.1611 | Rules governing supported living program.
...The director of developmental disabilities shall adopt rules under Chapter 119. of the Revised Code establishing all of the following: (A) The extent to which a county board of developmental disabilities may provide supported living; (B) The application process for obtaining a supported living certificate under section 5123.161 of the Revised Code; (C) The certification standards a person or government entity m... |
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Section 5123.171 | Respite care services.
... As used in this section, "respite care" means appropriate, short-term, temporary care provided to a person with a developmental disability to sustain the family structure or to meet planned or emergency needs of the family. The department of developmental disabilities shall provide respite care services to persons with developmental disabilities for the purpose of promoting self-sufficiency and normalization, preve... |
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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 agencie... |
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Section 5123.50 | Registry of employees guilty of abuse, neglect or misappropriation definitions.
... As used in sections 5123.50 to 5123.542 of the Revised Code: (A) "Abuse" means all of the following: (1) The use of physical force that can reasonably be expected to result in physical harm or serious physical harm; (2) Sexual abuse; (3) Verbal abuse. (B) "Misappropriation" means depriving, defrauding, or otherwise obtaining the real or personal property of an individual by any means prohibited by the Revised C... |
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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 ... |
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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 c... |
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Section 5123.64 | Enforcement duties.
...(A) Every provider of services to persons with developmental disabilities shall establish policies and programs to ensure that all staff members are familiar with the rights enumerated in section 5123.62 of the Revised Code and observe those rights in their contacts with persons receiving services. Any policy, procedure, or rule of the provider that conflicts with any of the rights enumerated shall be null and void. ... |
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Section 5123.691 | Admission to specialized treatment unit for minors.
...(A) As used in this section, "mental illness" has the same meaning as in section 5122.01 of the Revised Code. (B) The managing officer of an institution, with the concurrence of the chief program director, may admit into a specialized treatment unit for minors a minor ages ten to seventeen who is in behavior crisis and has serious behavioral challenges if one of the following applies: (1) The minor has an intelle... |
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Section 5123.70 | Requesting release of voluntary resident.
...(A) A resident admitted pursuant to section 5123.69 of the Revised Code who requests his own release or whose release is requested in writing by his counsel, legal guardian, parent, spouse, or adult next of kin shall be released forthwith except that: (1) If a resident was admitted on his own application and the request for release is made by a person other than the resident, release may be made conditional upon the... |
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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 orde... |
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Section 5123.76 | Full hearing.
... (A) The full hearing shall be conducted in a manner consistent with the procedures outlined in this chapter and with due process of law. The hearing shall be held by a judge of the probate division or, upon transfer by the judge of the probate division, by another judge of the court of common pleas, or a referee designated by the judge of the probate division. Any referee designated by the judge of the probate divis... |
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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 ... |
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Section 5123.801 | Expenses of trial visit or discharge.
...If neither a discharged resident, nor a resident granted trial visit, nor the persons requesting the resident's trial visit or discharge are financially able to bear the expense of the resident's trial visit or discharge, the managing officer of an institution under the control of the department of developmental disabilities may then provide actual traveling and escort expenses to the township of which t... |
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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 ... |
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Section 5123.86 | Consent for medical treatment.
... (A) Except as provided in divisions (C), (D), and (E) of this section, the chief medical officer shall provide all information, including expected physical and medical consequences, necessary to enable any resident of an institution for persons with i ntellectual disabilities to give a fully informed, intelligent, and knowing consent if any of the following procedures are proposed: (1) Surgery; (2) Sterilization;... |
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Section 5123.88 | Writ of habeas corpus.
... Any person detained pursuant to this chapter shall be entitled to the writ of habeas corpus upon proper petition by self or a friend to any court generally empowered to issue the writ of habeas corpus in the county in which the person is detained. No person may bring a petition for a writ of habeas corpus that alleges that a person involuntarily detained pursuant to this chapter is no longer a person with an inte... |
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Section 5126.025 | Time and term of appointment of members of board.
... Except for members appointed under section 5126.027 of the Revised Code to fill a vacancy, members of a county board of developmental disabilities shall be appointed or reappointed not later than the last day of November, commence their terms on the date of the stated annual organizational meeting in the following January as provided under section 5126.029 of the Revised Code, and serve terms of four years. ... |
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Section 5126.029 | Organization of board.
...(A) Each county board of developmental disabilities shall hold an organizational meeting no later than the thirty-first day of January of each year and shall elect its officers, which shall include a president, vice-president, and recording secretary. After its annual organizational meeting, the board shall meet in such manner and at such times as prescribed by rules adopted by the board, but the board shall me... |
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Section 5126.0211 | Virtual attendance at in-service training sessions.
... A member of a county board of developmental disabilities shall be considered present at an in-service training session even though the member is not physically present in the room in which the session is held if the member is connected to the session through a system that enables the member to communicate with the individuals participating in the session and such individuals to communicate with the member. |
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Section 5126.0217 | Removal of member prohibited before conclusion of hearing.
... If a member of a county board of developmental disabilities requests a hearing within the time required by section 5126.0216 of the Revised Code, the appointing authority may not remove the member from the board before the conclusion of the hearing. |
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Section 5126.046 | Right to community-based services; list of providers.
...(A) Except as otherwise provided by 42 C.F.R. 431.51, an individual with a developmental disability who is eligible for home and community-based services has the right to obtain the services from any provider of the services that is qualified to furnish the services and is willing to furnish the services to the individual. A county board of developmental disabilities that has medicaid local administrative authority u... |