Ohio Revised Code Search
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Section 5123.198 | Reduction in number of residents.
...d Code, the department of developmental disabilities, pursuant to an adjudication order issued in accordance with Chapter 119. of the Revised Code, shall reduce by one the number of residents for which the residential facility in which the resident resided is licensed. (C) The department shall not reduce under division (B) of this section the number of residents for which a residential facility is licensed if any of... |
Section 5123.21 | Transfers.
...The director of developmental disabilities may transfer or authorize the transfer of an involuntary resident or a consenting voluntary resident from one public institution to another or to an institution other than a public institution or other facility, if the director determines that it would be consistent with the habilitation needs of the resident to do so. Before an involuntary resident may be transferred... |
Section 5123.22 | Appropriating property.
...tion of the department of developmental disabilities to acquire any real estate, right-of-way, or easement in real estate in order to accomplish the purposes for which it was organized or is being conducted, and the department is unable to agree with the owner of such property upon the price to be paid therefor, such property may be appropriated in the manner provided for the appropriation of property for other... |
Section 5123.24 | Businesses located near institutions.
...ion of the department of developmental disabilities is located, in which petition the desire to erect or carry on at a less distance than that prescribed in section 3767.19 of the Revised Code shall be set forth, the business prohibited, the precise point of its establishment, and the reasons and circumstances, in its opinion, why the erection or carrying on thereof would not annoy or endanger the health, c... |
Section 5123.25 | Purchasing supplies.
...ol of the department of developmental disabilities in accordance with the competitive selection procedures of Chapter 125. of the Revised Code and such rules as the department of administrative services adopts. All bids shall be publicly opened on the day and hour and at the place specified in the advertisement. Preference shall be given to bidders in localities wherein the institution is located, if the p... |
Section 5123.26 | Funds.
...ion of the department of developmental disabilities and shall pay out the same only in accordance with Chapter 5123. of the Revised Code. The department shall cause to be furnished a contract of indemnity to cover all moneys and funds received by it or by its managing officers, employees, or agents while such moneys or funds are in the possession of such managing officers, employees, or agents. Such fu... |
Section 5123.30 | Books and accounts.
...The department of developmental disabilities shall keep in its office a proper and complete set of books and accounts with each institution, which shall clearly show the nature and amount of every expenditure authorized and made at such institution, and which shall contain an account of all appropriations made by the general assembly and of all other funds, together with the disposition of such funds. The de... |
Section 5123.31 | Confidentiality.
...(A) The department of developmental disabilities shall keep a record showing the name, residence, sex, age, nativity, occupation, condition, and date of entrance or commitment of every resident in the institutions governed by it, the date, cause, and terms of discharge and the condition of such person at the time of leaving, and also a record of all transfers from one institution to another, and, if such person dies ... |
Section 5123.33 | Annual report.
...eport, the department of developmental disabilities shall include a list of the officers and agents employed, and complete financial statement of the various institutions under its control. The report shall describe the condition of each institution, and shall state, as to each institution, whether: (A) The moneys appropriated have been economically and judiciously expended; (B) The objects of the institut... |
Section 5123.452 | Adjudication orders.
...sed Code, the director of developmental disabilities may issue an adjudication order requiring that one of the following actions be taken against a person seeking or holding a certificate issued under section 5123.45 of the Revised Code: (1) Refusal to issue or renew a certificate; (2) Revocation of a certificate; (3) Suspension of a certificate. (B) The following constitute good cause for taking action under... |
Section 5123.53 | Petitioning for removal from registry.
...etition 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 established in rules adopted under section 5123.54 of th... |
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 5123.56 | Statewide system of protective service.
...The department of developmental disabilities shall develop a statewide system of protective service in accordance with rules and standards established by the department. With respect to this program, the department may enter 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 r... |
Section 5123.59 | Bond.
... 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 be modified by the court. |
Section 5123.72 | Presentation of case for state.
...The director of developmental disabilities shall designate a person to present the case on behalf of the state at the hearings provided for in sections 5123.75 and 5123.76 of the Revised Code. The designee of the director also may present the case on behalf of the state in any other hearing provided for in this chapter. |
Section 5123.73 | Notice of hearing.
...sel; (7) The director of developmental disabilities or the director's designee under section 5123.72 of the Revised Code. (B) All persons entitled to notice under this section may waive that notice. (C) A copy of the affidavit and of any temporary order shall be served with a notice under this section. |
Section 5123.79 | Discharging involuntary resident.
...(A) Notwithstanding a finding pursuant to section 5123.76 of the Revised Code that a person is a person with an intellectual disability subject to institutionalization by court order, the managing officer of an institution, with the concurrence of the chief program director, shall, except as provided in division (C) of this section, grant a discharge without the consent or the authorization of any court upon a deter... |
Section 5123.80 | Trial visits.
...tution for persons with i ntellectual disabilities considers that it is in the best interest of a resident, the managing officer may permit the resident to leave the institution on a trial visit. The trial visit shall be for the period of time the managing officer determines. (B) The managing officer, upon releasing a resident on trial visit, may impose such requirements and conditions upon the resident while the ... |
Section 5123.801 | Expenses of trial visit or discharge.
...l of the department of developmental disabilities may then provide actual traveling and escort expenses to the township of which the resident resided at the time of institutionalization. The amount payable shall be charged to the current expense fund of the institution. The expense of the return of a resident on trial visit from an institution, if it cannot be paid by the responsible relatives, shall b... |
Section 5123.811 | Reporting change of location, death or condition of resident.
...trol of the department of developmental disabilities shall immediately report the removal, death, absence without leave, discharge, or trial visit of any resident, or return of an absent without leave or visiting resident to the department, the probate judge of the county from which such resident was institutionalized, and the probate judge of the county of the residence of such resident. In case of death, the ... |
Section 5123.83 | Civil and public or private employment rights.
...No person shall be deprived of any civil right, or public or private employment, solely by reason of the person's having received services, voluntarily or involuntarily, for a developmental disability. Any person in custody, voluntarily or involuntarily, under the provisions of this chapter, retains all rights not specifically denied the person under this or any other chapter of the Revised Code. |
Section 5123.84 | Free communication with others by residents.
...utions for persons with i ntellectual disabilities shall be allowed to communicate freely with others, including but not restricted to the following: (A) Receiving visitors at reasonable times; (B) Being visited by counsel or personal physician, or both, at any reasonable time; (C) Having reasonable access to telephones to make and receive confidential calls, including a reasonable number of free calls if unable... |
Section 5123.85 | Habilitation plan.
...n plan. The department of developmental disabilities shall set standards for habilitation and care provided to such residents, consistent wherever possible with standards set by national accreditation organizations recognized by the department. (D) All such residents shall receive periodic comprehensive re-evaluations of the habilitation plan by the professional staff of the institution at intervals not to exceed ni... |
Section 5123.87 | Labor or tasks performed by residents.
...tution for persons with i ntellectual disabilities shall be compelled to perform labor that involves the operation, support, or maintenance of the institution or for which the institution is under contract with an outside organization. Privileges or release from the institution shall not be conditional upon the performance of such labor. Residents who volunteer to perform such labor shall be compensated at a rate d... |
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 intel... |