Ohio Revised Code Search
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Section 5123.57 | Evaluation before guardianship or trusteeship begins.
...l 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.
...ance and Bill of Rights Act of 2000," 114 Stat. 1678 (2000), 42 U.S.C. 15001; (2) A client assistance program, as provided under section 112 of the "Rehabilitation Act of 1973," 29 U.S.C. 732. (C) The Ohio protection and advocacy system may establish any guidelines necessary for its operation. (D) The Ohio protection and advocacy system shall adopt a policy that acknowledges and supports the right of individ... |
Section 5123.601 | Access to information by staff and attorneys.
...services under this chapter or Chapter 340., 5119., 5122., or 5126. of the Revised Code that are records maintained by the following entities providing services for those persons: departments; institutions; hospitals; boards of alcohol, drug addiction, and mental health services; county boards of developmental disabilities; and any other entity providing services to persons who may be represented by the Ohio protecti... |
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.
...lity in which the individual resides; (4) The employer of any developmental disabilities employee who allegedly committed or was responsible for the abuse, neglect, or major unusual incident. (C) Except as provided in this section, the department shall not disclose its report to any person or government entity that is not authorized to investigate reports of abuse, neglect, or other major unusual incidents, unless ... |
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.
...mitted under sections 5123.89 and 5126.044 of the Revised Code; (U) The right to voice grievances and recommend changes in policies and services without restraint, interference, coercion, discrimination, or reprisal; (V) The right to be free from unnecessary chemical or physical restraints; (W) The right to participate in the political process; (X) The right to refuse to participate in medical, psychological, or ... |
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.
...mpliance with sections 5123.61 to 5123.64 of the Revised Code, including the filing of a legal action to enforce rights or to recover damages for violation of rights. |
Section 5123.65 | Self-administration of medication.
...In addition to the rights specified in section 5123.62 of the Revised Code, individuals with developmental disabilities who can safely self-administer medication or receive assistance with self-administration of medication have the right to self-administer medication or receive assistance with the self-administration of medication. The department of developmental disabilities shall adopt rules as it considers necessa... |
Section 5123.651 | Assistance in self-administration of prescribed medication.
...ve the same meanings as in section 5123.41 of the Revised Code. (B) Developmental disabilities personnel who are not specifically authorized by other provisions of the Revised Code to provide assistance in the self-administration of prescribed medication may, under this section, provide that assistance as part of the services they provide to individuals with developmental disabilities. To provide assistance with se... |
Section 5123.67 | Liberal construction of chapter.
...ity, standard of living, and meaningful employment of persons with developmental disabilities; (D) To maximize the assimilation of persons with developmental disabilities into the ordinary life of the communities in which they live; (E) To promote opportunities for persons with developmental disabilities to live in surroundings or circumstances that are typical for other community members; (F) To promote the right... |
Section 5123.69 | Voluntary admission.
... who is committed pursuant to section 2945.39, 2945.40, 2945.401, or 2945.402 of the Revised Code shall not voluntarily commit self pursuant to this section until after the final termination of the commitment, as described in division (J) of section 2945.401 of the Revised Code. |
Section 5123.691 | Admission to specialized treatment unit for minors.
...ctual disability and mental illness. (4) The minor has a dual diagnosis of autism spectrum disorder and mental illness. (C)(1) The admission of a minor into a specialized treatment unit shall be based upon the availability of beds at the institution and the clinical treatment needs of the minor. (2) The department of developmental disabilities may establish other criteria for admitting a minor into a specialize... |
Section 5123.70 | Requesting release of voluntary resident.
...hall apply to the persons received in a public institution on a voluntary application. (D) The managing officer shall inform residents, parents, guardians, and custodians of the right to release as provided in this section and shall assist residents in making and presenting requests for release. |
Section 5123.701 | Application for short-term care.
...n pursuant to division (A) of section 2945.40 of the Revised Code and either of the following applies: (1) The person was found at the hearing not to be a person with an intellectual disability subject to institutionalization by court order; (2) The person was found at the hearing to be a person with an intellectual disability subject to institutionalization by court order, was involuntarily committed, and was fina... |
Section 5123.71 | Affidavit for involuntary institutionalization.
...ation of a person pursuant to section 2945.39, 2945.40, 2945.401, or 2945.402 of the Revised Code. The affidavit shall contain an allegation setting forth the specific category or categories under division (O) of section 5123.01 of the Revised Code upon which the commencement of proceedings is based and a statement of the factual ground for the belief that the person is a person with an intellectual disability subje... |
Section 5123.711 | Assessment of individual's needs.
...ce on an emergency or priority basis; (4) Identification of available resources to meet the individual's needs, including service providers with the capability of appropriately meeting those needs, special ancillary services, and moneys to pay for the services necessary to meet the individual's needs within the community rather than in a state institution. (D) If the board's assessment of an individu... |