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The Legislative Service Commission staff updates the Revised Code on an ongoing basis, as it completes its act review of enacted legislation. Updates may be slower during some times of the year, depending on the volume of enacted legislation.

Ohio Revised Code Search

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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.

...tion 5123.50 of the Revised Code, to an individual with a developmental disability. (B) At the conclusion 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 o...

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.

... the subject of the report or, if the individual had no guardian at the time of death, to a person in the first applicable of the following categories: (a) The person's spouse; (b) The person's children; (c) The person's parents; (d) The person's brothers or sisters; (e) The person's uncles or aunts; (f) The person's closest relative by blood or adoption; (g) The person's closest relative by marriage. (...

Section 5123.614 | Procedure following report of major unusual incident.

...ither 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 regional council of government, or any other entity authorized to conduct such investigations. (B) If a report described in division (A) of this section...

Section 5123.62 | Rights of persons with a developmental disability.

...h 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; (C) The right to food adequate to meet accepted standards of nutrition; (D) The right to practice the religion of their choice or to abstain from the practice of religion; ...

Section 5123.621 | Legislative intent regarding adult day services.

...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 permitted to conti...

Section 5123.63 | Distributing copies of rights.

...nitial 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 individual receiving services or the parent, guardian, or advocate of the individual shall sign an acknowledgement of receipt of a copy ...

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. ...

Section 5123.65 | Self-administration of medication.

...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 necessary to implement and enforce this sec...

Section 5123.651 | Assistance in self-administration of prescribed medication.

...as part of the services they provide to individuals with developmental disabilities. To provide assistance with self-administration of prescribed medication, developmental disabilities personnel are not required to be trained or certified in accordance with section 5123.42 of the Revised Code. (C) When assisting in the self-administration of prescribed medication, developmental disabilities personnel shall take onl...

Section 5123.67 | Liberal construction of chapter.

...This chapter shall be liberally interpreted to accomplish the following purposes: (A) To promote the human dignity and to protect the constitutional 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)...

Section 5123.69 | Voluntary admission.

... results of a comprehensive examination indicate that institutionalization no longer is advisable. In light of the results of the comprehensive evaluation, the managing officer also may discharge any voluntary resident if, in the judgment of the chief program director, the discharge would contribute to the most effective use of the institution in the habilitation and care of persons with developmental disabilities. ...

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.

...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.

...(A) Except as provided in division (D) of this section, any person in the community who is eighteen years of age or older and who is or believes 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 adjudi...

Section 5123.71 | Affidavit for involuntary institutionalization.

...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 institutionalization 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 c...

Section 5123.711 | Assessment of individual's needs.

...tes a risk of substantial harm to an individual or others if action is not taken within thirty days: (a) Health and safety conditions that pose a serious risk of immediate harm or death to the individual or others; (b) Changes in the emotional or physical condition of an individual that necessitates substantial accommodation that cannot reasonably be provided by the individual's existing caretaker. (2...

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.

...(A) After receipt of the affidavit required by section 5123.71 of the Revised Code, the court shall cause written notice, by mail or otherwise, of any hearing the court directs, to be given to all of the following persons: (1) The respondent; (2) The respondent's legal guardian, if any; (3) The respondent's spouse, if address is known; (4) The person filing the affidavit; (5) Any one person designated...

Section 5123.74 | Emergency institutionalization by probate court.

...earing. (B) A managing officer of a nonpublic institution may, and the managing officer of a public institution shall, receive for observation, diagnosis, habilitation, and care any person whose admission is ordered pursuant to division (A)(1) of this section. The alternatives to institutionalization that may be ordered under division (A)(2) of this section are limited to those that are necessary to remediate the e...

Section 5123.75 | Probable cause hearing.

... respondent may retain counsel and have independent expert evaluation and, if the respondent is an indigent person, be represented by court appointed counsel and have independent expert evaluation at court expense. (C) The probable cause hearing shall be conducted in a manner consistent with the procedures set forth in division (A) of section 5123.76 of the Revised Code, except divisions (A)(10) and (14) of that sec...

Section 5123.76 | Full hearing.

.... (5) The hearing may be closed to the public unless counsel for the respondent requests that the hearing be open to the public. (6) Unless objected to by the respondent, the respondent's counsel, or 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...

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...