Ohio Revised Code Search
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Section 5123.613 | Subject of report or representative has right to report and related records.
...ode 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 administer the estate of the person who is the subject of the report, to the executor or ... |
Section 5123.614 | Procedure following report of major unusual incident.
...sion (A) of this section concerning the health or safety of a person with a developmental disability involves an allegation that an employee of a county board of developmental disabilities has created a substantial risk of serious physical harm to a person with a developmental disability, the department shall do one of the following: (1) Conduct an independent investigation regarding the incident; (2) Request that ... |
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.
...ry state agency, county board of developmental disabilities, or political subdivision that provides services, either directly or through a contract, to persons with developmental disabilities shall give each provider a copy of the list of rights contained in section 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 posti... |
Section 5123.64 | Enforcement duties.
...ider 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. Every provider... |
Section 5123.65 | Self-administration of medication.
...e 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 necessary to implement and enforce this section. The rules shall be... |
Section 5123.651 | Assistance in self-administration of prescribed medication.
...(A) As used in this section, "developmental disabilities personnel" and "prescribed medication" have 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 s... |
Section 5123.67 | Liberal construction of chapter.
...itutional rights of persons with developmental disabilities in the state; (B) To encourage the development of the ability and potential of each person with a developmental disability in the state to the fullest possible extent, no matter how severe the degree of disability; (C) To promote the economic security, standard of living, and meaningful employment of persons with developmental disabilities; (D) To maximiz... |
Section 5123.69 | Voluntary admission.
..., and on behalf of an adult adjudicated mentally incompetent by a guardian. (B) The managing officer of an institution, with the concurrence of the chief program director, may admit a person applying pursuant to this section only after a comprehensive evaluation has been made of the person and only if the comprehensive evaluation concludes that the person has an intellectual disability and would benefit significantl... |
Section 5123.691 | Admission to specialized treatment unit for minors.
...(A) As used in this section, "mental illness" has the same meaning as in section 5122.01 of the Revised Code. (B) The managing officer of an institution, with the concurrence of the chief program director, may admit into a specialized treatment unit for minors a minor ages ten to seventeen who is in behavior crisis and has serious behavioral challenges if one of the following applies: (1) The minor has an intelle... |
Section 5123.70 | Requesting release of voluntary resident.
...(A) A resident admitted pursuant to section 5123.69 of the Revised Code who requests his own release or whose release is requested in writing by his counsel, legal guardian, parent, spouse, or adult next of kin shall be released forthwith except that: (1) If a resident was admitted on his own application and the request for release is made by a person other than the resident, release may be made conditional upon the... |
Section 5123.701 | Application for short-term care.
..., and on behalf of an adult adjudicated mentally incompetent by a guardian. (B) For purposes of this section, short-term care shall be defined to mean appropriate services provided to a person with an intellectual disability for no more than fourteen consecutive days and for no more than forty-two days in a fiscal year. When circumstances warrant, the fourteen-day period may be extended at the discretion of the mana... |
Section 5123.71 | Affidavit for involuntary institutionalization.
... prescribed by the department of developmental disabilities either on information or actual knowledge, whichever is determined to be proper by the court. The affidavit may be filed only by a person who has custody of the individual as a parent, guardian, or service provider or by a person acting on behalf of the department or a county board of developmental disabilities. This section does not apply regarding the inst... |
Section 5123.711 | Assessment of individual's needs.
...uest that the county board of developmental disabilities conduct an assessment of the individual's needs. Not later than thirty days after the date a request is received, the board shall complete the assessment and provide to the person a report of its findings and recommendations. The report shall be delivered by certified mail. Within three working days after receiving a request for an assessment, the ... |
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.
...'s counsel; (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 5123.74 | Emergency institutionalization by probate court.
...; (2) Order the county board of developmental disabilities to provide services to the individual in the community if the board's assessment of the individual conducted under section 5123.711 of the Revised Code identifies that resources are available to meet the individual's needs in an appropriate manner within the community as an alternative to institutionalization; (3) Set the matter for further hearing. (B) A ... |
Section 5123.75 | Probable cause hearing.
... the designee of the director of developmental disabilities under section 5123.72 of the Revised Code shall present evidence for the state. (D) If the court does not find probable cause to believe that the respondent is a person with an intellectual disability subject to institutionalization by court order, it shall order immediate release of the respondent and dismiss and expunge all record of the proceedings unde... |
Section 5123.76 | Full hearing.
... the designee of the director of developmental disabilities under section 5123.72 of the Revised Code, the court, for good cause shown, may admit persons having a legitimate interest in the proceedings. (7) The affiant under section 5123.71 of the Revised Code shall be subject to subpoena by either party. (8) The court shall examine the sufficiency of all documents filed and shall inform the respondent, if present,... |
Section 5123.77 | Temporary holding.
...(A) Pending removal to an institution, a person taken into custody or ordered to be institutionalized pursuant to this chapter may be held in the person's home, a certified foster home, licensed rest or nursing home, a county home, or a facility used for detention, but the person shall be kept separate from persons charged with or convicted of penal offenses. (B) Whenever any person is taken into custody under this ... |
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.
..., within five days, shall authorize any health or police officer, or sheriff to take the resident into custody and transport the resident to the institution. (E) An involuntarily committed resident who has successfully completed one year of continuous trial visit shall be automatically discharged. |
Section 5123.801 | Expenses of trial visit or discharge.
... control 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, ... |
Section 5123.81 | Involuntarily committed resident absent without leave.
...may be issued by the director of developmental disabilities, the managing officer of the institution from which the resident is absent, or the probate judge of the county from which the resident was ordered institutionalized or in which he is found. The officer who takes the resident into custody shall immediately notify the issuer of the order. |