Ohio Revised Code Search
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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.
...hall review a report it receives from a public children services agency only after the agency completes its investigation pursuant to section 2151.421 of the Revised Code. On receipt of a notice under section 2930.061 or 5123.541 of the Revised Code, the department shall review the notice. (B) The department shall do both of the following: (1) Investigate the allegation or adopt the findings of an investigation or ... |
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.
...(A) No developmental disabilities employee shall engage in any 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... |
Section 5123.542 | Notice explaining prohibited conduct.
...(A) Each of the following shall annually provide a written notice to each of its developmental disabilities employees explaining the conduct for which a developmental disabilities employee may be included in the registry established under section 5123.52 of the Revised Code: (1) The department of developmental disabilities; (2) Each county board of developmental disabilities; (3) Each provider and subcontractor, a... |
Section 5123.55 | Protective services definitions.
...As used in sections 5123.55 to 5123.59 of the Revised Code: (A) "Guardian" means a guardian of the person, limited guardian, interim guardian, or emergency guardian pursuant to appointment by the probate court under Chapter 2111. of the Revised Code. (B) "Trustee" means a trustee appointed by and accountable to the probate court, in lieu of a guardian and without a judicial determination of incompetency, with respe... |
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.
...developmental disability shall not be a public record under section 149.43 of the Revised 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.
...An agency providing 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 m... |
Section 5123.59 | Bond.
...Before entering upon the duties 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 determi... |
Section 5123.60 | Ohio protection and advocacy system.
...(A) As used in this section and section 5123.601 of the Revised Code, "Ohio protection and advocacy system" means the nonprofit entity designated by the governor in accordance with Am. Sub. H.B. 153 of the 129th general assembly to serve as the state's protection and advocacy system and client assistance program. (B) The Ohio protection and advocacy system shall provide both of the following: (1) Advocacy servi... |
Section 5123.601 | Access to information by staff and attorneys.
...(A) The Ohio protection and advocacy system staff, and attorneys designated by the system to represent persons detained, hospitalized, or institutionalized under this chapter or Chapter 5122. of the Revised Code shall have ready access to all of the following: (1) During normal business hours and at other reasonable times, all records, except records of community residential facilities and records of contract agen... |
Section 5123.602 | Compensation in class action cases.
...If compensation for the work of attorneys employed by the Ohio protection and advocacy system or an agency or political subdivision of the state 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 5123.61 | Reporting abuse, neglect, and other major unusual incidents.
... board member, or employee of any other public or private provider of services to an individual with a developmental disability, or any developmental disabilities employee, as defined in section 5123.50 of the Revised Code; (d) A member of a citizen's advisory council established at an institution or branch institution of the department of developmental disabilities under section 5123.092 of the Revised Code; (e) A... |
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.
...(A) When a person who is the subject of a report under section 5123.61 of the Revised Code dies, the department of developmental disabilities or the county board of developmental disabilities, whichever is applicable, shall, on written request, provide to both of the following persons the report and any records relating to the report: (1) If the report or records are necessary to admi... |
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.
...The rights of persons with developmental disabilities include, but are not limited to, the following: (A) The right to be treated at all times with courtesy and respect and with full recognition of their dignity and individuality; (B) The right to an appropriate, safe, and sanitary living environment that complies with local, state, and federal standards and recognizes the persons' need for privacy and independence... |
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.
...ction 5123.62 of the Revised Code. Each public and private provider of services shall carry out the requirements of this section in addition to any other posting or notification requirements imposed by local, state, or federal law or rules. The provider shall make copies of the list of rights and shall be responsible for an initial distribution of the list to each individual receiving services from the provider. If ... |
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. ... |