Ohio Revised Code Search
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Section 5123.88 | Writ of habeas corpus.
... 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 intellectual disability subject to institutionalization by court order unless the person shows that the release procedures of division (H) of section 5123.76 of the Revised C... |
Section 5123.89 | Confidentiality.
...er 2111. of the Revised Code. (C) The department of developmental disabilities shall adopt rules with respect to the systematic and periodic destruction of residents' records. (D) Upon the death of a resident or former resident of an institution for persons with intellectual disabilities or a person whose institutionalization was sought under this chapter, the managing officer of an institution shall provide acce... |
Section 5123.90 | Attorney general duties.
...tution under the jurisdiction of the department of developmental disabilities and the managing officer thereof. If a writ of habeas corpus is applied for, the clerk of the court shall give notice of the time and place of hearing to the attorney general. |
Section 5123.91 | Immunity.
...All persons who are not subject to any criminal provisions and who act reasonable and in good faith, either upon actual knowledge or upon information reasonably thought by them to be reliable, shall be free from any liability to a person institutionalized in institutions for persons with i ntellectual disabilities or to any other person in their procedural or physical assistance administered in the course of the in... |
Section 5123.92 | Venue.
...ised Code, in the probate division of a county within the institutional district but not in the county within which the institution is located, and if such person is detained in the institution, the probate division of the county in which the institution is located shall, upon the request of the probate division receiving the affidavit, hold a hearing and make a disposition of the person in accordance with the proced... |
Section 5123.93 | Guardianship of minor.
...Minors with intellectual disabilities shall remain under the guardianship of their parents or of a guardian appointed pursuant to Chapter 2111. of the Revised Code, notwithstanding institutionalization pursuant to any section of this chapter, unless parental rights have been terminated pursuant to a court finding that the child is neglected, abused, or dependent pursuant to Chapter 2151. of the Revised Code. If a min... |
Section 5123.95 | Transmission of court papers.
... the probate judge and the order of the county auditor from the county treasury. The clothing shall be new or as good as new. The managing officer of the institution need not receive the person without such clothing. Upon institutionalization, the managing officer of the institution to which the individual is admitted shall take possession of all money and other valuables that may be upon the person of the individua... |
Section 5123.96 | Payment of costs, fees, and expenses of proceedings.
... certified by the county auditor to the department of developmental disabilities within two months of the date the costs, fees, and expenses are incurred by the county. Payment shall be provided for by the director of budget and management upon presentation of properly verified vouchers. The director of developmental disabilities may adopt rules in accordance with Chapter 119. of the Revised Code to implement the pay... |
Section 5123.97 | Record of probate judge.
...In cases of proceedings held under this chapter, the probate judge shall file and preserve all papers filed with him and make such entries upon his docket as, together with the papers so filed, will constitute a complete record of each case determined by him. |
Section 5123.99 | Penalty.
...(A) Whoever violates section 5123.16 or 5123.20 of the Revised Code is guilty of a misdemeanor of the first degree. (B) Whoever violates division (C), (E), or (G)(3) of section 5123.61 of the Revised Code is guilty of a misdemeanor of the fourth degree or, if the abuse or neglect constitutes a felony, a misdemeanor of the second degree. In addition to any other sanction or penalty authorized or required by law, if a... |
Section 5126.01 | County boards of developmental disabilities definitions.
... and donations; appropriately qualified personnel; and appropriate capital facilities and equipment. (T) "Senior probate judge" means the current probate judge of a county who has served as probate judge of that county longer than any of the other current probate judges of that county. If a county has only one probate judge, "senior probate judge" means that probate judge. (U) "Service and support administration"... |
Section 5126.011 | Reference to county board.
...Whenever a county board of mental retardation and developmental disabilities is referred to or designated in any statute, rule, contract, grant, or other document, the reference or designation shall be deemed to refer to a county board of developmental disabilities. |
Section 5126.014 | References to department or director.
...Whenever the department or director of mental retardation and developmental disabilities is referred to or designated in any statute, rule, contract, grant, or other document, the reference or designation shall be deemed to refer to the department or director of developmental disabilities, as the case may be. |
Section 5126.02 | County or multicounty board of developmental disability required.
...om sharing administrative functions or personnel with one or more other county boards, including entering into an arrangement authorized by division (B) of section 5126.0219 of the Revised Code or an agreement with one or more other county boards to share the services of any employee. |
Section 5126.021 | Membership of county boards.
...nt, finance, law, health care practice, personnel administration, or government service; (4) Place emphasis on appointing individuals who reflect, as nearly as possible, the composition of the county that the county board serves. (C) If the appointing authority is a board of county commissioners, the board of county commissioners shall appoint the following: (1) Except as otherwise provided in this section, ... |
Section 5126.023 | Persons who may not serve on a county board of developmental disabilities.
... an agency licensed or certified by the department of developmental disabilities to provide services to individuals with developmental disabilities or an individual who or whose immediate family member is an employee of such an agency; (H) An individual with an immediate family member who serves as a county commissioner of a county served by the county board unless the individual was a member of the county board bef... |
Section 5126.024 | Declaration of eligibility prior to appointment to board.
...may be appointed or reappointed to a county board of developmental disabilities unless the individual, before the appointment or reappointment, provides to the appointing authority a written declaration specifying both of the following: (1) That no circumstance described in section 5126.023 of the Revised Code exists that bars the individual from serving on the county board; (2) Whether the individual... |
Section 5126.025 | Time and term of appointment of members of board.
...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. The membership of an individual appointed as an immediate family me... |
Section 5126.026 | Reappointment of members of board.
...0218 of the Revised Code, a member of a county board of developmental disabilities may be reappointed to the county board. Prior to making a reappointment, the appointing authority shall ascertain, through written communication with the board, that the member being considered for reappointment meets the requirements of sections 5126.022 and 5126.0218 of the Revised Code. A member who has served during each of... |
Section 5126.027 | Filling of vacancy on board for unexpired term.
...thin sixty days after a vacancy on a county board of developmental disabilities occurs, including a vacancy created under section 5126.0213 of the Revised Code, the appointing authority shall fill the vacancy for the unexpired term. Before filling a vacancy, the appointing authority shall cause a notice of the vacancy to be published on at least two separate dates in one or more newspapers serving the county ... |
Section 5126.028 | Members of board not compensated - reimbursement for expenses.
...Members of a county board of developmental disabilities shall serve without compensation, but shall be reimbursed for necessary expenses incurred in the conduct of county board business, including expenses that are incurred in the member's county of residence in accordance with an established policy of the county board. |
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... |
Section 5126.0210 | Members of board to attend annual in-service training.
...ce training provided or approved by the department of developmental disabilities. This training shall not be considered regularly scheduled meetings of the county board. |
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. |
Section 5126.0212 | Participation by member in matter involving conflict of interest.
... no circumstance shall a member of a county board of developmental disabilities participate in or vote on any matter before the county board concerning a contract agency of which the member or an immediate family member of the member is also a board member or an employee. |