Ohio Revised Code Search
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Section 5123.60 | Ohio protection and advocacy system.
...r people with disabilities, as provided under section 101 of the "Developmental Disabilities Assistance 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 prot... |
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Section 5123.601 | Access to information by staff and attorneys.
...ter 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 protection and advocacy system p... |
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Section 5123.602 | Compensation in class action cases.
... the actual hourly rate of pay for that legal work. |
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Section 5123.603 | Joint committee to examine protection and advocacy system.
...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 party, appointed by the speaker of the house of representativ... |
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Section 5123.61 | Reporting abuse, neglect, and other major unusual incidents.
...elopmental disabilities under section 5126.31 of the Revised Code. The department shall establish committees to review reports of abuse, neglect, and other major unusual incidents. (C)(1) Any person listed in division (C)(2) of this section, having reason to believe that an individual with a developmental disability has suffered or faces a substantial risk of suffering any wound, injury, disability, or condition of ... |
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Section 5123.611 | Reviewing report of abuse, neglect, or a major unusual incident.
...on of a review of a report of abuse, neglect, or a major unusual incident that is conducted by a review committee established pursuant to section 5123.61 of the Revised Code, the committee shall issue recommendations to the department. The department shall review the committee's recommendations and issue a report of its findings. The department shall make the report available to all of the following: (1) The individ... |
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Section 5123.612 | Reporting unusual incidents.
...d 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. |
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Section 5123.613 | Subject of report or representative has right to report and related records.
... 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 administrator of the person's estate; (2) To the guardian of the person who is the subject of the r... |
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Section 5123.614 | Procedure following report of major unusual incident.
....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 investigation of the incident be conducted by a county board of developmental disabilities that is not implicated in the report, a regi... |
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Section 5123.62 | Rights of persons with a developmental disability.
... permitted 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,... |
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Section 5123.621 | Legislative intent regarding adult day services.
... 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 permitted to continue receiving services in a variety of settings as long as those settings offer opportunities for community integration as described in their individual service plans. |
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Section 5123.63 | Distributing copies of rights.
...ed 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 the individual is unable to read the list, the provider shall communicate the contents of the list to the individual to the extent practicable in a manner that the individual understands. The indi... |
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Section 5123.64 | Enforcement duties.
...d advocacy system, or the appropriate county board of developmental disabilities; (3) Take any other appropriate action to ensure compliance 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. |
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Section 5123.65 | Self-administration of medication.
...evelopmental disabilities shall adopt rules as it considers necessary to implement and enforce this section. The rules shall be adopted in accordance with Chapter 119. of the Revised Code. |
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Section 5123.651 | Assistance in self-administration of prescribed medication.
...er, if the individual is physically unable to open the container; (3) Assist, on request by or with the consent of, an individual who is physically impaired but mentally alert, with removal of oral or topical medication from the container and with the individual's taking or applying of the medication. If an individual is physically unable to place a dose of oral medication to the individual's mouth without spilling... |
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Section 5123.67 | Liberal construction of chapter.
...ities 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 of persons with developmental disabilities to speak and be heard about the desired direction of their lives and to use available resources in ways that further that ... |
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Section 5123.69 | Voluntary admission.
...aging officer of any institution for voluntary admission. Except as provided in division (D) of this section, the application may be made on behalf of a minor by a parent or guardian, 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... |
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Section 5123.691 | Admission to specialized treatment unit for minors.
...r crisis and has serious behavioral challenges if one of the following applies: (1) The minor has an intellectual disability. (2) The minor has autism spectrum disorder. (3) The minor has a dual diagnosis of an intellectual 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 ... |
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Section 5123.70 | Requesting release of voluntary resident.
...elease 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 agreement of the resident thereto if his continued institutionalization is supported by his most recent compre... |
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Section 5123.701 | Application for short-term care.
...lieves self to be a person with an intellectual disability may make written application to the managing officer of any institution for temporary admission for short-term care. The application may be made on behalf of a minor by a parent or guardian, 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... |
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Section 5123.71 | Affidavit for involuntary institutionalization.
...robate division of the court of common pleas of the county where the person resides or where the person is institutionalized, in the manner and form 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 provid... |
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Section 5123.711 | Assessment of individual's needs.
...an individual, a person who is eligible to file under that section and intends to do so shall request 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 deliv... |
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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. |
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Section 5123.73 | Notice of hearing.
...n to the court; (6) The respondent'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. |
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Section 5123.74 | Emergency institutionalization by probate court.
...nalization by court order and that emergency institutionalization is required, do any of the following: (1) Issue a temporary order of detention ordering any health or police officer or sheriff to take into custody and transport such person to an institution or other place as designated in section 5123.77 of the Revised Code; (2) Order the county board of developmental disabilities to provide services to the indivi... |