Ohio Revised Code Search

...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, shall be borne by the county of institutionalization. The managing officer of the institution shall provide sufficient and proper clothing for traveling if neither the resident nor the persons requesting the reside...

...When an involuntarily committed resident of an institution for persons with intellectual disabilities is absent without leave, an order shall be issued within five days after the resident's absence requiring the resident to be taken into custody by any health or police officer, or sheriff and transported to the institution from which the resident is absent. The order may be issued by the director o...

...The managing officer of an institution under the control of the department of developmental disabilities shall immediately report the removal, death, absence without leave, discharge, or trial visit of any resident, or return of an absent without leave or visiting resident to the department, the probate judge of the county from which such resident was institutionalized, and the probate judge of the county of ...

...lication to the managing officer of any public institution for habilitation and care if such person feels the person is in need of such services. If the chief program director determines the applicant to be in need of such services, the managing officer may provide such services as are required by the applicant. (B) Any person may apply to the managing officer of any public institution for habilitation and care if s...

...hall be deprived of any civil right, or public or private employment, solely by reason of the person's having received services, voluntarily or involuntarily, for a developmental disability. Any person in custody, voluntarily or involuntarily, under the provisions of this chapter, retains all rights not specifically denied the person under this or any other chapter of the Revised Code.

...All residents of institutions for persons with i ntellectual disabilities shall be allowed to communicate freely with others, including but not restricted to the following: (A) Receiving visitors at reasonable times; (B) Being visited by counsel or personal physician, or both, at any reasonable time; (C) Having reasonable access to telephones to make and receive confidential calls, including a reasonable number ...

...(A) All residents institutionalized pursuant to this chapter shall receive, within thirty days of their admission, a comprehensive evaluation, a diagnosis, a prognosis, and a description of habilitation goals consistent therewith. (B) All such residents shall have a written habilitation plan consistent with the comprehensive evaluation, diagnosis, prognosis, and goals which shall be provided, upon request of residen...

...sident, regardless of the source of the funds that were used to purchase the items.

...(A) Except as provided in divisions (C), (D), and (E) of this section, the chief medical officer shall provide all information, including expected physical and medical consequences, necessary to enable any resident of an institution for persons with i ntellectual disabilities to give a fully informed, intelligent, and knowing consent if any of the following procedures are proposed: (1) Surgery; (2) Sterilization; ...

...(A) No resident of an institution for persons with i ntellectual disabilities shall be compelled to perform labor that involves the operation, support, or maintenance of the institution or for which the institution is under contract with an outside organization. Privileges or release from the institution shall not be conditional upon the performance of such labor. Residents who volunteer to perform such labor shall...

...Any person detained pursuant to this chapter shall be entitled to the writ of habeas corpus upon proper petition by self or a friend to any court generally empowered to issue the writ of habeas corpus in the county in which the person is detained. No person may bring a petition for a writ of habeas corpus that alleges that a person involuntarily detained pursuant to this chapter is no longer a person with an intel...

...(A) As used in this section: (1) "Family" means a parent, brother, sister, spouse, son, daughter, grandparent, aunt, uncle, or cousin. (2) "Payment" means activities undertaken by a service provider or government entity to obtain or provide reimbursement for services provided to a person. (3) "Treatment" means the provision of services to a person, including the coordination or management of services provided t...

... instituted on behalf of or against any public institution under the jurisdiction of the department of developmental disabilities and the managing officer thereof. If a writ of habeas corpus is applied for, the clerk of the court shall give notice of the time and place of hearing to the attorney general.

...All persons who are not subject to any criminal provisions and who act reasonable and in good faith, either upon actual knowledge or upon information reasonably thought by them to be reliable, shall be free from any liability to a person institutionalized in institutions for persons with i ntellectual disabilities or to any other person in their procedural or physical assistance administered in the course of the in...

...If an affidavit alleging that a person has an intellectual disability and is subject to institutionalization by court order is filed, according to the provisions of section 5123.71 of the Revised Code, in the probate division of a county within the institutional district but not in the county within which the institution is located, and if such person is detained in the institution, the probate division of the coun...

...be dependent, abused, or neglected, the public children services agency to whom permanent custody has been assigned pursuant to Chapter 2151. of the Revised Code shall have the same authority and responsibility it would have if the child were not a person with an intellectual disability and were not institutionalized. In no case shall the guardianship of a person with an intellectual disability be assigned to the ma...

...The probate judge, upon making an order institutionalizing a person under this chapter, shall forthwith transmit copies, under the judge's official seal, of court papers in the case, including the certificate of the expert witnesses, and of the judge's findings in the case to the managing officer of the institution for persons with intellectual disabilities. If not otherwise furnished, the probate judge shall see th...

...Costs, fees, and expenses of all proceedings held under this chapter shall be paid as follows: (A) To police and health officers, other than sheriffs or their deputies, the same fees allowed to constables, to be paid upon the approval of the probate judge; (B) To sheriffs or their deputies, the same fees allowed for similar services in the court of common pleas; (C) To physicians or licensed clinical psychologists...

...In cases of proceedings held under this chapter, the probate judge shall file and preserve all papers filed with him and make such entries upon his docket as, together with the papers so filed, will constitute a complete record of each case determined by him.

...(A) Whoever violates section 5123.16 or 5123.20 of the Revised Code is guilty of a misdemeanor of the first degree. (B) Whoever violates division (C), (E), or (G)(3) of section 5123.61 of the Revised Code is guilty of a misdemeanor of the fourth degree or, if the abuse or neglect constitutes a felony, a misdemeanor of the second degree. In addition to any other sanction or penalty authorized or required by law, if a...

... related to an ICF/IID and purchased at public issue or a regulated lender that has made a loan related to the ICF/IID unless the holder or lender operates the ICF/IID directly or through a subsidiary. (MM) "Partially converted ICF/IID" means an ICF/IID that converted some, but not all, of its beds to providing home and community-based services under the individual options waiver pursuant to section 5124.60 or 512...

...The department of medicaid shall enter into a contract with the department of developmental disabilities under section 5162.35 of the Revised Code that provides for the department of developmental disabilities to assume the powers and duties of the department of medicaid with regard to the medicaid program's coverage of ICF/IID services. The contract shall include a schedule for the assumption of the powers and...

...To the extent authorized by rules authorized by section 5162.021 of the Revised Code, the director of developmental disabilities shall adopt rules in accordance with Chapter 119. of the Revised Code as necessary to implement this chapter.

...The medicaid program shall cover ICF/IID services when all of the following apply: (A) The ICF/IID services are provided to a medicaid recipient eligible for the services. (B) The ICF/IID services are provided by an ICF/IID for which the provider has a valid provider agreement. (C) Federal financial participation is available for the ICF/IID services.

...(A) Subject to section 5124.072 of the Revised Code, an ICF/IID operator is eligible to enter into a provider agreement for an ICF/IID if all of the following apply: (1) The ICF/IID is certified by the director of health for participation in medicaid; (2) The ICF/IID is licensed by the director of developmental disabilities as a residential facility; (3) Subject to division (B) of this section, the operator a...