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Section 5123.541 | Employees engaging in sexual conduct or contact with individual under department care.

...(A) No developmental disabilities employee shall engage in any sexual conduct or have any sexual contact with an individual with a developmental disability for whom the developmental disabilities employee is employed or under a contract to provide care unless the individual is the developmental disabilities employee's spouse. (B) Any developmental disabilities employee who violates division (A) of this section shall...

Section 5123.542 | Notice explaining prohibited conduct.

...(A) Each of the following shall annually provide a written notice to each of its developmental disabilities employees explaining the conduct for which a developmental disabilities employee may be included in the registry established under section 5123.52 of the Revised Code: (1) The department of developmental disabilities; (2) Each county board of developmental disabilities; (3) Each provider and subcontractor, a...

Section 5123.55 | Protective services definitions.

... court appointment to provide guidance, service, and encouragement in the development of maximum self-reliance to a person with a developmental disability, independent of any determination of incompetency. (D) "Protective service" means performance of the duties of a guardian, trustee, or conservator, or acting as a protector, with respect to a person with a developmental disability. (E) "Conservator" means a conse...

Section 5123.56 | Statewide system of protective service.

...elop a statewide system of protective service in accordance with rules and standards established by the department. With respect to this program, the department may enter into a contract with any responsible public or private agency for provision of protective service by the agency, and the contract may permit the agency to charge the person receiving services fees for services provided. No cost...

Section 5123.57 | Evaluation before guardianship or trusteeship begins.

...ode and no person shall be accepted for service by a protector under those sections unless a comprehensive evaluation has been made in a clinic or other facility approved by the department of developmental disabilities. The evaluation shall include a medical, psychological, social, and educational evaluation, and a copy of the evaluation shall be filed with the department. Any agency that is appointed as a guardian,...

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.

... both of the following: (1) Advocacy services for 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 guideline...

Section 5123.601 | Access to information by staff and attorneys.

...ohol, drug addiction, and mental health services, relating to expenditures of state and federal funds or to the commitment, care, treatment, and habilitation of all persons represented by the Ohio protection and advocacy system, including those who may be represented pursuant to division (D) of this section, or persons detained, hospitalized, institutionalized, or receiving services under this chapter or Chapter 340....

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.

...y person or governmental entity that discharges responsibilities under sections 5126.31 to 5126.33 of the Revised Code shall be immune from any civil or criminal liability that might otherwise be incurred or imposed as a result of such actions except liability for perjury, unless the person or governmental entity has acted in bad faith or with malicious purpose. (L) No employer or any person with the authority to do...

Section 5123.611 | Reviewing report of abuse, neglect, or a major unusual incident.

...ion that includes providing specialized services, as defined in section 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 departmen...

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.

... right of access to necessary ancillary services, including, but not limited to, occupational therapy, physical therapy, speech therapy, and behavior modification and other psychological services; (G) The right to receive appropriate care and treatment in the least intrusive manner; (H) The right to privacy, including both periods of privacy and places of privacy; (I) The right to communicate freely with persons o...

Section 5123.621 | Legislative intent regarding adult day services.

... 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 continue receiving services in a variety of settings as long as those settings offer opportunities ...

Section 5123.63 | Distributing copies of rights.

... 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 posting or notification requirements imposed by local, state, or ...

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 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.

... provide that assistance 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...

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.

...(A) Except as provided in division (D) of this section, any person 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 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 ...

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...