Ohio Revised Code Search

...e credit of the general revenue fund. (4) Appoint assistant county public defenders and all other personnel necessary to the functioning of the county public defender's office, subject to the authority of the county public defender commission to determine the size and qualifications of the staff pursuant to division (B) of section 120.14 of the Revised Code. All assistant county public defenders shall be admitted to...

...(A)(1) The county public defender shall provide legal representation to indigent adults and juveniles who are charged with the commission of an offense or act that is a violation of a state statute and for which the penalty or any possible adjudication includes the potential loss of liberty and in postconviction proceedings as defined in this section. (2) The county public defender may provide legal representation t...

...missioners choose to establish a county public defender's office, the Ohio public defender shall not be required to defend indigent persons in that county, except as set forth in division (A) of section 120.06 of the Revised Code, or if the court finds that it is required in the interests of justice.

...ivisions (B)(7) and (8) of section 120.04 of the Revised Code and the payment determination provisions of section 120.34 of the Revised Code, prepare a voucher for the cost of each county public defender's office for the period of time covered by the certified report and a voucher for the costs and expenses that are reimbursable under section 120.35 of the Revised Code, if any. The amount of payments to be included i...

...fender commission pursuant to section 124.14 of the Revised Code per diem for every meeting of the commission they attend, and necessary expenses including mileage for each mile necessarily traveled. (E) The agreement of the boards of county commissioners establishing the joint county public defender commission shall provide for the allocation of the proportion of expenses to be paid by each county, which may be bas...

...A)(2) of this section, the joint county public defender commission shall appoint the joint county public defender and may remove him from office only for good cause. (2) If a joint county public defender commission contracts with the state public defender or with one or more nonprofit organizations for the state public defender or the organizations to provide all of the services that the joint county public defender...

... moneys collected or received by him. (4) Appoint assistant joint county public defenders and all other personnel necessary to the functioning of the joint county public defender office, subject to the authority of the joint county public defender commission to determine the size and qualifications of the staff pursuant to division (B) of section 120.24 of the Revised Code. All assistant joint county public defender...

...(A)(1) The joint county public defender shall provide legal representation to indigent adults and juveniles who are charged with the commission of an offense or act that is a violation of a state statute and for which the penalty or any possible adjudication includes the potential loss of liberty and in postconviction proceedings as defined in this section. (2) The joint county public defender may provide legal repr...

...ners choose to establish a joint county public defender's office, the Ohio public defender shall not be required to defend indigent persons in those counties, except as set forth in division (A) of section 120.06 of the Revised Code, or if the court finds that it is required in the interests of justice.

...ivisions (B)(7) and (8) of section 120.04 of the Revised Code and the payment determination provisions of section 120.34 of the Revised Code, prepare a voucher for the cost of each joint county public defender's office for the period of time covered by the certified report and a voucher for the costs and expenses that are reimbursable under section 120.35 of the Revised Code, if any. The amount of payments to be incl...

...s shall approve that amount or rate. (4) Counsel selected by the indigent person or appointed by the court at the request of an indigent person in a county that adopts a resolution to pay counsel, except for counsel appointed to represent a person charged with any violation of an ordinance of a municipal corporation that has not contracted with the county commissioners for the payment of appointed counsel, shall be...

... the counties' cost of operating county public defender offices, joint county public defender offices, and county appointed counsel systems, the counties' costs and expenses of conducting the defense in capital cases, and the counties' costs and expenses of appointed counsel covered by section 2941.51 of the Revised Code shall not exceed the total amount appropriated for that fiscal year by the general assembly for t...

...to section 120.18, 120.28, 120.33, or 2941.51 of the Revised Code, reimburse the costs and expenses of conducting the defense in capital cases, in an amount determined as specified in section 120.34 of the Revised Code.

...e court requests or is provided a state public defender, a county or joint county public defender, or any other counsel appointed by the court, the court in which the criminal case is initially filed or the juvenile court, whichever is applicable, shall assess, unless the application fee is waived or reduced, a non-refundable application fee of twenty-five dollars. The court shall direct the person to pay the applic...

...(A) All information obtained by a public defender when determining if a person is indigent, shall be held confidential within the ethical standards of attorney-client communications, unless previously on public record, or made available to the court as provided in section 120.05 of the Revised Code. (B) All communications between the individual defendant and a public defender shall be fully protected by the attorney...

...o-counsel appointed to assist the state public defender or a county or joint county public defender, and any public defender, county public defender, or joint county defender, or member of their offices, shall not be a partner or employee of any prosecuting attorney, city director of law, village solicitor, or similar chief legal officer. (B) A partner or employee of a village solicitor or of a law firm, legal profe...

...he pay ranges assigned under section 124.14 of the Revised Code for comparable positions of the staff of the Ohio public defender.

...ion of legal fees that is reasonable. (4) If, pursuant to division (B)(2) of this section, the attorney general denies any indemnification to an attorney who was either personally selected by an indigent person or appointed by a court pursuant to section 120.33 of the Revised Code because of the application of a limitation specified in division (B)(3) of this section, he shall notify that attorney or his counsel in ...

...to all attorneys in the jurisdiction. (4) The case involves the rights of a claimant under a publicly supported benefit program for which entitlement is based on need.

...ate pursuant to sections 1901.26, 1907.24, 2303.201, 3953.231, 4705.09, and 4705.10 of the Revised Code. The treasurer of state may invest moneys contained in the legal aid fund in any manner authorized by the Revised Code for the investment of state moneys. However, no such investment shall interfere with any apportionment, allocation, or payment of moneys as required by section 120.53 of the Revised Code. The s...

...(A) The state public defender shall establish a charitable, tax exempt foundation, named the Ohio access to justice foundation, to actively solicit and accept gifts, bequests, donations, and contributions for use in providing financial assistance to legal aid societies, enhancing or improving the delivery of civil legal services to indigents, and operating the foundation. The Ohio access to justice foundation shall d...

...nds for the following calendar year; (4) A summary of the services to be offered by the applicant in the following calendar year; (5) A specific description of the territory or constituency served by the applicant; (6) An estimate of the number of persons to be served by the applicant during the following calendar year; (7) A general description of the additional sources of the applicant's funding; (8) The ...

...(A) A legal aid society that receives financial assistance from the legal aid fund under section 120.53 of the Revised Code shall use the financial assistance for only the following purposes: (1) To defray the costs of providing legal services to indigents; (2) To provide legal training and legal technical assistance to other eligible legal aid societies; and (3) If the legal aid society has entered into an agr...

...In providing legal assistance, each legal aid society that receives financial assistance from the legal aid fund under section 120.53 of the Revised Code shall ensure all of the following: (A) The maintenance of quality service and professional standards; (B) That no person shall interfere with any attorney funded in whole or in part by sections 120.51 to 120.55 of the Revised Code in carrying out his professional ...

...) To erect, supervise, and maintain all public monuments and memorials erected by the state, except where the supervision and maintenance is otherwise provided by law; (4) To procure, by lease, storage accommodations for a state agency; (5) To lease or grant easements or licenses for unproductive and unused lands or other property under the control of a state agency. Such leases, easements, or licenses may be g...

...(A) The director of developmental disabilities may enter into an agreement with the boards of trustees or boards of directors of two or more universities in which there is a college of medicine or college of osteopathic medicine, or of two or more colleges of medicine or colleges of osteopathic medicine, or any combination of those universities and colleges, to establish, manage, and conduct residency medical t...

...The director of developmental disabilities may enter into an agreement with boards of trustees or boards of directors of one or more universities, colleges, or schools to establish, manage, and conduct residency training programs for students enrolled in courses of studies for occupations or professions which may be determined by the director to be needed by the department to provide adequate care and treatmen...

...Notwithstanding section 5121.04 of the Revised Code and except as provided in section 5123.194 of the Revised Code, the liable relative of a person with a developmental disability who is a minor receiving residential services pursuant to a contract entered into with the department of developmental disabilities under section 5123.18 of the Revised Code shall be charged for the minor's support the percentage of a base ...

...rovided in division (D) of section 2929.43 of the Revised Code in which the employee agrees to surrender the certificate awarded to that employee under section 109.77 of the Revised Code. (b) The managing officer shall suspend from employment as a special police officer of the department an employee designated as a special police officer under division (B)(1) of this section if that employee is convic...

...age provided for under section 119.094 of the Revised Code, but no officer or employee of the institution under investigation is entitled to such fees. Any judge of the probate court or of the court of common pleas, upon application of the department, may compel the attendance of witnesses, the production of books or papers, and the giving of testimony before the department, by a judgment for contempt...

...The department of developmental disabilities may appoint and commission any competent agency or person, to serve without compensation, as a special agent, investigator, or representative to perform a designated duty for and in behalf of the department. Specific credentials shall be given by the department to each person so designated, and each credential shall state the: (A) Name; (B) Agency with which suc...

...living certificate under section 5123.164 of the Revised Code; (c) An individual who applies under section 5123.161 of the Revised Code for a certificate to provide supported living as an independent provider; (d) An independent provider who seeks renewal of the independent provider's supported living certificate under section 5123.164 of the Revised Code. (2) "Business" means an association, corporation, nonpr...

... certificate in accordance with Chapter 4796. of the Revised Code to a person if either of the following applies: (A) The person holds a supported living certificate issued by another state. (B) The person has satisfactory work experience, a government certification, or a private certification as described in that chapter as a person providing supported living in a state that does not issue that certificate.

...lic records for the purpose of section 149.43 of the Revised Code and shall be made available on the request of any person or government entity.

...A supported living certificate is valid for a period of time established in rules adopted under section 5123.1611 of the Revised Code, unless any of the following occur before the end of that period of time: (A) The director of developmental disabilities issues an order requiring that action be taken against the certificate holder under section 5123.166 of the Revised Code. (B) The director issues an order terminat...

...Except as provided in sections 5123.166 and 5123.169 of the Revised Code, the director of developmental disabilities shall renew a supported living certificate if the certificate holder follows the renewal process established in rules adopted under section 5123.1611 of the Revised Code, continues to meet the applicable certification standards established in those rules, and pays the renewal fee established in those r...

...(A) Except as provided in division (B) of this section, no person or government entity may provide supported living to an individual with a developmental disability if the person or government entity also provides the individual a residence. (B) A person may provide supported living to an individual with a developmental disability even though the person also provides the individual a residence if either of the follo...

....081 or 5123.52 of the Revised Code; (4) Misfeasance; (5) Malfeasance; (6) Nonfeasance; (7) Confirmed abuse or neglect; (8) Financial irresponsibility; (9) Other conduct the director determines is or would be injurious to individuals who receive or would receive supported living from the person or government entity. (C) Except as provided in division (D) of this section, the director shall issue an adju...

...If the director of developmental disabilities issues an adjudication order under section 5123.166 of the Revised Code refusing to issue a supported living certificate to a person or government entity, refusing to renew a person or government entity's supported living certificate, or revoking the person or government entity's supported living certificate, neither the person or government entity nor a related party of ...

...The director of developmental disabilities shall terminate a supported living certificate if the certificate holder has not billed for supported living for twenty-four consecutive months. To terminate a supported living certificate under this section, the director shall send a notice by certified mail to the certificate holder at the address on file with the department of developmental disabilities explaining why the...

... public record for purposes of section 149.43 of the Revised Code and shall not be made available to any person, other than the following: (a) The applicant who is the subject of the report or the applicant's representative; (b) The director or the director's representative; (c) Any court, hearing officer, or other necessary individual involved in a case dealing with any of the following: (i) The denial o...

...ent of medicaid, pursuant to section 5164.38 of the Revised Code, refuses to enter into, terminates, or refuses to revalidate a provider agreement that authorizes a person or government entity to provide supported living under the medicaid program: (1) In the case of a refusal to enter into a provider agreement, the person or government entity's application to provide medicaid-funded supported living under a support...

...living certificate under section 5123.164 of the Revised Code; (G) The renewal fee for a supported living certificate, which shall be deposited into the program fee fund created under section 5123.033 of the Revised Code; (H) Procedures for conducting surveys under section 5123.162 of the Revised Code; (I) Procedures for determining whether there is good cause to take action under section 5123.166 of the Revise...

...(A) The director of developmental disabilities may issue a summary order suspending a supported living certificate holder's authority to provide supported living to one or more identified individuals if the director determines that both of the following are the case: (1) The certificate holder's noncompliance with one or more requirements of this chapter or the rules adopted under it causes or presents an immediate...

...(A) A person who has been granted guardianship of an individual with a developmental disability shall not provide supported living to that individual either as an independent provider or as an employee or contractor of a supported living certificate holder unless there is a relationship by blood, adoption, or marriage between the guardian and the individual. (B) A supported living certificate holder owned or operat...

... protection of those persons and of the public.

...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, preven...

...The department of developmental disabilities may enter into a contract with a person or government agency to provide residential services to individuals with developmental disabilities in need of residential services. To be eligible to enter into a contract with the department under this section, a person or government entity and the home in which the residential services are provided must meet all applicable standar...

...l corporation, county, or township. (4) "Related party" has the same meaning as in section 5123.16 of the Revised Code except that "provider" as used in the definition of "related party" means a person or government entity that held or applied for a license to operate a residential facility, rather than a person or government entity certified to provide supported living. (5)(a) Except as provided in division (A...

...elocating residents need to be made. (4) Insolvency of the operator, licensee, or landowner threatens the operation of the facility. (5) The facility or operator has demonstrated a pattern and practice of repeated violations of state or federal laws or regulations. (B) A court in which a petition is filed pursuant to this section shall notify the person holding the license for the facility and the department of...