reglab/statecodes huggingface dataset:
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5122 | Hospitalization of Mentally Ill › Section 5122.231 | Applying for County Services.

Effective:
October 10, 1989
Latest Legislation:
House Bill 317 - 118th General Assembly
Any person who has been hospitalized or committed under this chapter may, at any time, apply to the board of alcohol, drug addiction, and mental health services serving his county of residence for services listed in section 340.09 of the Revised Code.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5122 | Hospitalization of Mentally Ill › Section 5122.25 | Rehearing.

Effective:
September 29, 2013
Latest Legislation:
House Bill 59 - 130th General Assembly
Upon the request of a hospital, person, board, community mental health services provider, or facility who has custody of a patient hospitalized pursuant to section 5122.15 of the Revised Code, or on the order of the court, such patient may be called for a rehearing at such place within the county of the patient's residence or the county where such patient is hospitalized as the court designates. The hearing shall be conducted pursuant to section 5122.15 of the Revised Code.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5122 | Hospitalization of Mentally Ill › Section 5122.26 | Patient Absent Without Leave.

Effective:
September 29, 2013
Latest Legislation:
House Bill 59 - 130th General Assembly
(A) If a patient is absent without leave, on a verbal or written order issued within five days of the time of the unauthorized absence by the department of mental health and addiction services, the chief clinical officer of the hospital from which the patient is absent without leave, or the court of either the county from which the patient was committed or in which the patient is found, any health or police officer or sheriff may take the patient into custody and transport the patient to the hospital in which the patient was hospitalized or to a place that is designated in the order. The officer immediately shall report such fact to the entity that issued the order.
The chief clinical officer of a hospital may discharge a patient who is under an indictment, a sentence of imprisonment, a community control sanction, or a post-release control sanction or on parole and who has been absent without leave for more than thirty days but shall give written notice of the discharge to the court with criminal jurisdiction over the patient. The chief clinical officer of a hospital may discharge any other patient who has been absent without leave for more than fourteen days.
The chief clinical officer shall take all proper measures for the apprehension of an escaped patient. The expense of the return of an escaped patient shall be borne by the hospital where the patient is hospitalized.
(B)(1) Subject to division (B)(2) of this section, no patient hospitalized under Chapter 5122. of the Revised Code whose absence without leave was caused or contributed to by the patient's mental illness shall be subject to a charge of escape.
(2) Division (B)(1) of this section does not apply to any person who was hospitalized, institutionalized, or confined in a facility under an order made pursuant to or under authority of section 2945.37, 2945.371, 2945.38, 2945.39, 2945.40, 2945.401, or 2945.402 of the Revised Code and who escapes from the facility, from confinement in a vehicle for transportation to or from the facility, or from supervision by an employee of the facility that is incidental to hospitalization, institutionalization, or confinement in the facility and that occurs outside the facility, in violation of section 2921.34 of the Revised Code.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5122 | Hospitalization of Mentally Ill › Section 5122.28 | Labor and Tasks Performed by Patients.

Effective:
April 6, 2023
Latest Legislation:
House Bill 281 - 134th General Assembly
No patient of a hospital for persons with mental illnesses shall be compelled to perform labor which involves the operation, support, or maintenance of the hospital or for which the hospital is under contract with an outside organization. Privileges or release from the hospital shall not be conditional upon the performance of such labor. Patients who volunteer to perform such labor shall be compensated at a rate derived from the value of work performed, having reference to the prevailing wage rate for comparable work or wage rates established under section 4111.06 of the Revised Code.
A patient may be required to perform therapeutic tasks which do not involve the operation, support, or maintenance of the hospital if those tasks are an integrated part of the patient's treatment plan and supervised by a person qualified to oversee the therapeutic aspects of the activity.
A patient may be required to perform tasks of a personal housekeeping nature.
Last updated January 25, 2023 at 11:39 AM
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5122 | Hospitalization of Mentally Ill › Section 5122.30 | Writ of Habeas Corpus.

Effective:
April 6, 2023
Latest Legislation:
House Bill 281 - 134th General Assembly
Any person detained pursuant to this chapter or section 2945.39, 2945.40, 2945.401, or 2945.402 of the Revised Code shall be entitled to the writ of habeas corpus upon proper petition by self or by 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 no longer is a person with a mental illness subject to court order unless the person shows that the release procedures of division (H) of section 5122.15 of the Revised Code are inadequate or unavailable.
Last updated March 10, 2023 at 1:00 PM
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5122 | Hospitalization of Mentally Ill › Section 5122.301 | Civil Rights of Patients.

Effective:
July 1, 1989
Latest Legislation:
House Bill 381 - 118th General Assembly
No person shall be deprived of any public or private employment solely because of having been admitted to a hospital or otherwise receiving services, voluntarily or involuntarily, for a mental illness or other mental disability.
Any person admitted to a hospital or otherwise taken into custody, voluntarily or involuntarily, under this chapter retains all civil rights not specifically denied in the Revised Code or removed by an adjudication of incompetence following a judicial proceeding other than a proceeding under sections 5122.11 to 5122.15 of the Revised Code.
As used in this section, "civil rights" includes, without limitation, the rights to contract, hold a professional, occupational, or motor vehicle driver's or commercial driver's license, marry or obtain a divorce, annulment, or dissolution of marriage, make a will, vote, and sue and be sued.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5122 | Hospitalization of Mentally Ill › Section 5122.311 | Notification of Bureau of Criminal Identification and Investigation of Adjudication of Mental Illness.

Effective:
April 6, 2023
Latest Legislation:
House Bill 281 - 134th General Assembly
(A) Notwithstanding any provision of the Revised Code to the contrary, if, on or after April 8, 2004, an individual is found by a court to be a person with a mental illness subject to court order or becomes an involuntary patient other than one who is a patient only for purposes of observation, the probate judge who made the adjudication or the chief clinical officer of the hospital, community mental health services provider, or facility in which the person is an involuntary patient shall notify the office of the attorney general, on the form described in division (C) of this section, of the identity of the individual. The notification shall be transmitted by the judge or the chief clinical officer not later than seven days after the adjudication or commitment.
(B) The office of the attorney general shall compile and maintain the notices it receives under division (A) of this section and the notices shall be used for the purpose of conducting incompetency records checks pursuant to section 311.41 of the Revised Code. The notices and the information they contain are confidential, except as provided in this division, and are not public records.
(C) The attorney general, by rule adopted under Chapter 119. of the Revised Code, shall prescribe and make available to all probate judges and all chief clinical officers a form to be used by them for the purpose of making the notifications required by division (A) of this section.
Last updated March 10, 2023 at 1:01 PM
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5122 | Hospitalization of Mentally Ill › Section 5122.33 | Department of Mental Health and Addiction Services; Additional Powers.

Effective:
September 29, 2013
Latest Legislation:
House Bill 59 - 130th General Assembly
The department of mental health and addiction services may prescribe the form of applications, reports, records, and medical certificates provided for under this chapter, and the information required to be contained therein; require reports from the chief clinical officer of any public hospital relating to the admission, examination, diagnosis, release, or discharge of any patient; visit each such hospital regularly to review the admission procedures of all new patients admitted between visits; investigate by personal visit complaints made by any patient or by any person on behalf of a patient; and adopt such rules as are reasonably necessary to effectuate the provisions of this chapter.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5122 | Hospitalization of Mentally Ill › Section 5122.34 | Immunity.

Effective:
September 17, 2014
Latest Legislation:
Senate Bill 43 - 130th General Assembly
(A) Persons, including, but not limited to, boards of alcohol, drug addiction, and mental health services and community mental health services providers, acting in good faith, either upon actual knowledge or information thought by them to be reliable, who procedurally or physically assist in the hospitalization or discharge, determination of appropriate placement, court-ordered treatment, or in judicial proceedings of a person under this chapter, do not come within any criminal provisions, and are free from any liability to the person hospitalized or receiving court-ordered treatment or to any other person.
(B) Regardless of whether any affirmative action has been taken under this chapter with respect to a mental health client or patient and except as otherwise provided in section 2305.51 of the Revised Code, no person shall be liable for any harm that results to any other person as a result of failing to disclose any confidential information about the mental health client or patient, or failing to otherwise attempt to protect such other person from harm by such client or patient.
(C) This section applies to expert witnesses who testify at hearings under this chapter.
(D) The immunity from liability conferred by this section is in addition to and not in limitation of any immunity conferred by any other section of the Revised Code or by judicial precedent.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5122 | Hospitalization of Mentally Ill › Section 5122.341 | Immunity From Liability.

Effective:
September 29, 2013
Latest Legislation:
House Bill 59 - 130th General Assembly
(A) As used in this section:
(1) "Facility or provider" means, in the context of a person committed to the department of mental health and addiction services under sections 2945.37 to 2945.402 of the Revised Code, any entity in which the department of mental health and addiction services places such a person.
(2) "Person committed to the department" means a person committed to the department of mental health and addiction services under sections 2945.37 to 2945.402 of the Revised Code.
(B) No member of a board of directors, or employee, of a facility or provider in which the department of mental health and addiction services places a person committed to the department is liable for injury or damages caused by any action or inaction taken within the scope of the board member's official duties or employee's employment relating to the commitment of, and services provided to, the person committed to the department, unless the action or inaction constitutes willful or wanton misconduct. A board member's or employee's action or inaction does not constitute willful or wanton misconduct if the board member or employee acted in good faith and reasonably under the circumstances and with the knowledge reasonably attributable to the board member or employee.
The immunity from liability conferred by this section is in addition to and not in limitation of any immunity conferred by any other section of the Revised Code or by judicial precedent.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5122 | Hospitalization of Mentally Ill › Section 5122.35 | Venue.

Effective:
July 1, 1980
Latest Legislation:
House Bill 900 - 113th General Assembly
(A) In a case in which the jurisdiction of a court has not been specifically given or the procedure provided for, the court in the county in which a person alleged to be mentally ill is found shall have full, complete, and general jurisdiction to make disposition of such person in accordance with the procedure prescribed by Chapter 5122. of the Revised Code.
(B) When an affidavit is filed in the court as provided in section 5122.11 of the Revised Code, and the person alleged to be mentally ill is detained in a hospital located in another county, the court of the county in which such hospital is located shall, upon the request of the court receiving the affidavit, hold a hearing and make disposition of such person in accordance with Chapter 5122. of the Revised Code.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5122 | Hospitalization of Mentally Ill › Section 5122.36 | Expenses of Return to County of Residence.

Effective:
April 6, 2023
Latest Legislation:
House Bill 281 - 134th General Assembly
If the legal residence of a person with a mental illness is in another county of the state, the necessary expense of the person's return is a proper charge against the county of legal residence. If an adjudication and order of hospitalization by the probate court of the county of temporary residence are required, the regular probate court fees and expenses incident to the order of hospitalization under this chapter and any other expense incurred on the person's behalf shall be charged to and paid by the county of the person's legal residence upon the approval and certification of the probate judge of the county of the person's legal residence. The ordering court shall send to the probate court of the person's county of legal residence a certified copy of the commitment order from the ordering court. The receiving court shall enter and record the commitment order. The certified commitment order is prima facie evidence of the residence of the person. When the residence of the person cannot be established as represented by the ordering court, the matter of residence shall be referred to the department of mental health and addiction services for investigation and determination.
Last updated March 10, 2023 at 1:01 PM
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5122 | Hospitalization of Mentally Ill › Section 5122.38 | Competency Adjudications.

Effective:
July 1, 1989
Latest Legislation:
Senate Bill 156 - 117th General Assembly
Each individual now or formerly hospitalized pursuant to this chapter or former Chapter 5123. of the Revised Code, is entitled to an adjudication of competency or incompetency or termination of guardianship upon written request by any such individual, his guardian, or the chief clinical officer to the probate court. The court, on its own motion, may initiate such a hearing.
Upon filing of such application, or on the court's own motion, notice of the purpose, time, and place of the hearing shall be given to the person upon whose affidavit such adjudication was made, to the guardian of the applicant, and to his spouse at his residence, if such address is known.
Upon hearing, if it is proven that such applicant is competent, the court shall so find and enter the finding on its journal. The adjudicating court shall send a transcript of the adjudication to the county of the patient's residence.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5122 | Hospitalization of Mentally Ill › Section 5122.39 | Guardianship of Mentally Ill Persons.

Effective:
April 6, 2023
Latest Legislation:
House Bill 281 - 134th General Assembly
(A) Minors with mental illnesses shall remain under the natural guardianship of their parents, notwithstanding hospitalization pursuant to this chapter, unless parental rights have been terminated pursuant to a court finding that the minor is neglected or dependent. Where a minor with a mental illness is found to be dependent or neglected, the public children's services agency in the county of residence has final guardianship authority and responsibility.
(B) In no case shall the guardianship of a person with a mental illness be assigned to the chief medical officer or any staff member of a hospital, board, or provider from which the person is receiving mental health services.
Last updated March 10, 2023 at 1:02 PM
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5122 | Hospitalization of Mentally Ill › Section 5122.41 | Transmission of Court Papers.

Effective:
July 1, 1989
Latest Legislation:
Senate Bill 156 - 117th General Assembly
The court, upon making an order hospitalizing a person under this chapter, shall immediately transmit to the chief clinical officer of the hospital, copies, under his official seal, of court papers in the case, including the certificate of the medical witnesses and of his findings in the case.
Upon hospitalization, the chief clinical officer of the hospital to which the patient is admitted shall take possession of all money and other valuables that may be upon the person of the patient, and shall within ten days file a list thereof with the probate judge of the county of which the patient is a resident. If the amount of money is fifty dollars or less it shall be retained and expended by the chief clinical officer of the hospital for the benefit of the patient. Unless a guardian of the estate of the patient has already been appointed, the probate judge may, upon his own motion and without notice, appoint a special guardian of the estate of the patient. Any special guardian, before being appointed, shall file a bond approved by the probate judge in the same amount as is required by section 2109.04 of the Revised Code. A special guardian as provided for in this section, and while acting as such, shall be governed by all laws applicable to guardians of the estates of either minors or incompetents. The special guardian shall be allowed such compensation for his services as the court thinks reasonable, provided he forthwith performs all the duties incumbent upon him.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5122 | Hospitalization of Mentally Ill › Section 5122.42 | Preservation of Rights and Privileges.

Effective:
March 16, 1978
Latest Legislation:
House Bill 725 - 112th General Assembly
Nothing in this chapter limits any rights, privileges, or immunities under the constitution, and laws of the United States or this state.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5122 | Hospitalization of Mentally Ill › Section 5122.44 | Patients Buried on Department Hospital Grounds - Definitions.

Effective:
September 29, 2013
Latest Legislation:
House Bill 59 - 130th General Assembly
As used in sections 5122.44 to 5122.47 of the Revised Code:
(A) "Compilation" means a written list of the following information, as the department of mental health and addiction services is able to reasonably ascertain, for every patient who was buried, entombed, or inurned prior to March 31, 2005, in a cemetery located on the grounds of or adjacent to the grounds of a public hospital:
(1) Name;
(2) Date of birth;
(3) Date of death or burial;
(4) Specific physical location of the burial, entombment, or inurnment, including the plot or grave site number if available.
(B) "Patient" means an individual who died while admitted to a public hospital that was under the control of the department of mental health and addiction services.
(C) "Record" has the same meaning as in section 149.011 of the Revised Code.
(D) "State agency" means every organized body, office, or agency established by the laws of the state for the exercise of any function of state government.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5122 | Hospitalization of Mentally Ill › Section 5122.45 | Compilation of Patient Information for Each Cemetery.

Effective:
September 29, 2013
Latest Legislation:
House Bill 59 - 130th General Assembly
The department of mental health and addiction services shall create a separate compilation for each cemetery located on the grounds of or adjacent to the grounds of a public hospital that is under the control of the department on March 31, 2005. The compilation shall be created within a reasonable time not exceeding three years after March 31, 2005. The department shall use its best efforts to create the most complete compilations possible using records in the department's possession and records obtained in accordance with section 5122.46 of the Revised Code.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5122 | Hospitalization of Mentally Ill › Section 5122.46 | History Connection and State Agencies to Provide Access to Information.

Effective:
September 29, 2015
Latest Legislation:
House Bill 141 - 131st General Assembly
The Ohio history connection and each state agency shall, at the request of the department of mental health and addiction services, provide the department access to records and information in the possession of the Ohio history connection or state agency for purposes of creating compilations.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5122 | Hospitalization of Mentally Ill › Section 5122.47 | Deposit of Compilations With History Connection and State Library.

Effective:
September 29, 2015
Latest Legislation:
House Bill 141 - 131st General Assembly
The department of mental health and addiction services shall deposit a copy of each compilation with the Ohio history connection and the state library as soon as a compilation is completed. The department shall not disclose any record or information used to create a compilation except as provided in sections 149.43 and 5122.31 of the Revised Code.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5122 | Hospitalization of Mentally Ill › Section 5122.99 | Penalty.

Effective:
March 17, 1998
Latest Legislation:
Senate Bill 111 - 122nd General Assembly
A person who violates division (B)(2) of section 5122.32 of the Revised Code shall be fined not more than two thousand five hundred dollars on a first offense and not more than twenty thousand dollars on a subsequent offense.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5123 | Department of Developmental Disabilities › Section 5123.011 | Adoption of Rules.

Effective:
September 15, 2014
Latest Legislation:
House Bill 483 - 130th General Assembly
The director of developmental disabilities shall adopt rules in accordance with Chapter 119. of the Revised Code to do both of the following:
(A) Define "developmental delay";
(B) For the purpose of division (Q)(4)(c) of section 5123.01 and division (F)(4)(c) of section 5126.01 of the Revised Code, specify how to determine whether a person six years of age or older has a substantial functional limitation in a major life activity as appropriate for the person's age.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5123 | Department of Developmental Disabilities › Section 5123.012 | Eligibility Determinations.

Effective:
October 12, 2016
Latest Legislation:
House Bill 158 - 131st General Assembly
(A) As used in this section, "preschool child with a disability" has the same meaning as in section 3323.01 of the Revised Code.
(B) Except as provided in division (C) of this section, the department of developmental disabilities shall make eligibility determinations in accordance with the definition of "developmental disability" contained in section 5123.01 of the Revised Code. The department may adopt rules in accordance with Chapter 119. of the Revised Code establishing eligibility for programs and services for any preschool child with a disability eligible for services under section 3323.02 of the Revised Code whose disability is not attributable solely to mental illness, as defined in section 5122.01 of the Revised Code.
(C)(1) The department shall make determinations of eligibility for protective services in accordance with sections 5123.55 to 5123.59 of the Revised Code.
(2) Determinations of whether a person with an intellectual disability is subject to institutionalization by court order shall be made in accordance with sections 5123.71 to 5123.76 of the Revised Code and shall be based on the definition of "person with an intellectual disability subject to institutionalization by court order" contained in section 5123.01 of the Revised Code.
(3) All persons who were eligible for services and enrolled in programs offered by the department of developmental disabilities pursuant to this chapter on July 1, 1991, shall continue to be eligible for those services and to be enrolled in those programs as long as they are in need of services.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5123 | Department of Developmental Disabilities › Section 5123.013 | Application of Chapter.

Effective:
October 6, 2009
Latest Legislation:
Senate Bill 79 - 128th General Assembly
The provisions of this chapter regarding institutionalization apply to a person who is found incompetent to stand trial or not guilty by reason of insanity and is committed pursuant to section 2945.39, 2945.40, 2945.401, or 2945.402 of the Revised Code to the extent that the provisions are not in conflict with any provision of sections 2945.37 to 2945.402 of the Revised Code. If a provision of this chapter is in conflict with a provision in sections 2945.37 to 2945.402 of the Revised Code regarding a person who has been so committed, the provision in sections 2945.37 to 2945.402 of the Revised Code shall control regarding that person.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5123 | Department of Developmental Disabilities › Section 5123.014 | Reference to Department or Director and Other Terms.

Effective:
October 12, 2016
Latest Legislation:
House Bill 158 - 131st General Assembly
Whenever the department or director of mental retardation and developmental disabilities is referred to or designated in any statute, rule, contract, grant, or other document, the reference or designation is deemed to refer to the department or director of developmental disabilities, as the case may be.
Whenever "mental retardation" or any derivation of that term is referred to or designated in any statute, rule, contract, grant, or other document, the reference or designation is deemed to have the same meaning established by or derived from the definition of "intellectual disability" contained in section 5123.01 or 5126.01 of the Revised Code, as the case may be.
Whenever "mentally retarded person subject to institutionalization by court order" or any derivation of that term is referred to or designated in any statute, rule, contract, grant, or other document, the reference or designation is deemed to have the same meaning established by or derived from the definition of "person with an intellectual disability subject to institutionalization by court order" contained in section 5123.01 of the Revised Code, including the definition of "moderate level of intellectual disability" contained in that section.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5123 | Department of Developmental Disabilities › Section 5123.02 | Duties of Department.

Effective:
October 12, 2016
Latest Legislation:
House Bill 483 (GA 131),  House Bill 158 (GA 131)
The department of developmental disabilities shall do the following:
(A) Promote comprehensive statewide programs and services for persons with developmental disabilities and their families wherever they reside in the state. These programs shall include public awareness, prevention, assessment, treatment, training, and care.
(B) Provide administrative leadership for statewide services;
(C) Develop and maintain, to the extent feasible, data on all services and programs that governmental and private agencies provide for persons with developmental disabilities;
(D) Provide leadership to local authorities in planning and developing community-wide services for persons with developmental disabilities and their families;
(E) Promote programs of professional training and research in cooperation with other state departments, agencies, and institutions of higher learning;
(F) Serve as the "lead agency," as described by 20 U.S.C. 1435(a)(10), to implement the state's part C early intervention services program, through which early intervention services are provided to eligible infants and toddlers in accordance with part C of the "Individuals with Disabilities Education Act," 20 U.S.C. 1431 et seq., and regulations implementing that part in 34 C.F.R. part 303.
The Legislative Service Commission presents the text of this section as a composite of the section as amended by multiple acts of the General Assembly. This presentation recognizes the principle stated in R.C. 1.52(B) that amendments are to be harmonized if reasonably capable of simultaneous operation.
Last updated September 27, 2023 at 9:58 AM
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5123 | Department of Developmental Disabilities › Section 5123.022 | State Policy Regarding Community Employment for Individuals With Developmental Disabilities.

Effective:
October 3, 2023
Latest Legislation:
House Bill 33 - 135th General Assembly
(A) As used in this section:
(1) "Community employment" means competitive employment that takes place in an integrated setting.
(2) "Competitive employment" means full-time or part-time work in the competitive labor market in which payment is at or above the minimum wage but not less than the customary wage and level of benefits paid by the employer for the same or similar work performed by persons who are not disabled.
(3) "Integrated setting" means a setting typically found in the community where individuals with developmental disabilities interact with individuals who do not have disabilities to the same extent that individuals in comparable positions who are not disabled interact with other individuals, including in employment settings in which employees interact with the community through technology.
(B) It is hereby declared to be the policy of this state that employment services for individuals with developmental disabilities be directed at community employment. Every individual with a developmental disability is presumed capable of community employment.
The departments of developmental disabilities, education and workforce, medicaid, job and family services, and mental health and addiction services; the opportunities for Ohioans with disabilities agency; and each other state agency that provides employment services to individuals with developmental disabilities shall implement the policy of this state and ensure that it is followed whenever employment services are provided to individuals with developmental disabilities.
The department of developmental disabilities shall coordinate the actions taken by state agencies to comply with the state's policy. Agencies shall collaborate within their divisions and with each other to ensure that state programs, policies, procedures, and funding support competitive and integrated employment of individuals with developmental disabilities. State agencies shall share information with the department, and the department shall track progress toward full implementation of the policy. The department, in coordination with any task force established by the governor, shall compile data and annually submit to the governor a report on implementation of the policy.
The department and state agencies may adopt rules to implement the state's policy.
(C) The state's policy articulated in this section is intended to promote the right of each individual with a developmental disability to informed choice; however, nothing in this section requires any employer to give preference in hiring to an individual because the individual has a disability.
Last updated September 19, 2023 at 11:35 AM
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5123 | Department of Developmental Disabilities › Section 5123.023 | Employment First Task Force.

Effective:
October 3, 2023
Latest Legislation:
House Bill 33 - 135th General Assembly
(A) The director of developmental disabilities shall establish an employment first task force consisting of the departments of developmental disabilities, education and workforce, medicaid, job and family services, and mental health and addiction services; and the opportunities for Ohioans with disabilities agency. The purpose of the task force shall be to improve the coordination of the state's efforts to address the needs of individuals with developmental disabilities who seek community employment as defined in section 5123.022 of the Revised Code.
(B) The department of developmental disabilities may enter into interagency agreements with any of the government entities on the task force. The interagency agreements may specify either or both of the following:
(1) The roles and responsibilities of the government entities that are members of the task force, including any money to be contributed by those entities;
(2) The projects and activities of the task force.
(C) There is hereby created in the state treasury the employment first taskforce fund. Any money received by the task force from its members shall be credited to the fund. The department of developmental disabilities shall use the fund to support the work of the task force.
Last updated September 19, 2023 at 11:35 AM
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5123 | Department of Developmental Disabilities › Section 5123.024 | [Amended and Renumbered as r.c. 5180.31 by h.b. 33, 135th General Assembly, Effective 1/1/2025] Implementation of Early Intervention Services Program.

Effective:
October 12, 2016
Latest Legislation:
House Bill 483 - 131st General Assembly
The department of developmental disabilities may do any of the following as the lead agency to implement the state's part C early intervention services program, as described in section 5123.02 of the Revised Code:
(A) Enter into an interagency agreement with one or more other state agencies to implement the program and ensure coordination of early childhood programs;
(B) Distribute program funds through contracts, grants, or subsidies to entities that are program service providers;
(C) Establish a system of payment to program service providers.
Last updated September 11, 2023 at 6:20 PM
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5123 | Department of Developmental Disabilities › Section 5123.025 | Technology First Policy.

Effective:
October 3, 2023
Latest Legislation:
House Bill 33 - 135th General Assembly
It is hereby declared to be the policy of this state that individuals with developmental disabilities shall have access to innovative technology solutions. Technology can ensure that people with developmental disabilities have increased opportunities to live, work, and thrive in their homes, communities, and places of employment through state of the art planning, innovative technology, and supports that focus on their talents, interests, and skills.
The departments of developmental disabilities, education and workforce, medicaid, aging, job and family services, mental health and addiction services, and transportation; the opportunities for Ohioans with disabilities agency; and each other state agency that provides technology services to individuals with developmental disabilities shall implement the policy of this state and ensure that it is followed whenever technology services are provided to individuals with developmental disabilities.
The department of developmental disabilities, in partnership with the office of innovateohio, shall coordinate the actions taken by state agencies to comply with the state's policy. Agencies shall collaborate within their divisions and with each other to ensure that state programs, policies, procedures, and funding support the development of access to technology for individuals with developmental disabilities. State agencies shall share information with the department, and the department shall track progress toward full implementation of the policy. The department, in coordination with the technology first task force established under section 5123.026 of Revised Code, shall compile data and annually submit to the governor and lieutenant governor a report on implementation of the policy.
The department and state agencies may adopt rules to implement the state's policy.
Last updated September 19, 2023 at 11:36 AM
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5123 | Department of Developmental Disabilities › Section 5123.026 | Technology First Task Force.

Effective:
October 3, 2023
Latest Legislation:
House Bill 33 - 135th General Assembly
(A) The director of developmental disabilities shall establish a technology first task force consisting of representatives from the office of innovateohio; the departments of developmental disabilities, education and workforce, medicaid, aging, job and family services, mental health and addiction services, children and youth, and transportation; and the opportunities for Ohioans with disabilities agency.
(B) The task force shall do all of the following:
(1) Expand innovative technology solutions within the operation and delivery of services to individuals with developmental disabilities;
(2) Use technology to reduce the barriers individuals with developmental disabilities experience;
(3) Align policies for all state agencies on the task force.
(C) The department of developmental disabilities may enter into interagency agreements with any of the government entities on the task force. The interagency agreements may specify either or both of the following:
(1) The roles and responsibilities of the government entities that are members of the task force, including any money to be contributed by those entities;
(2) The projects and activities of the task force.
(D) The department and state agencies may adopt rules to implement the task force.
Last updated September 19, 2023 at 11:38 AM
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5123 | Department of Developmental Disabilities › Section 5123.03 | Management of Institutions and Facilities.

Effective:
October 12, 2016
Latest Legislation:
House Bill 158 - 131st General Assembly
(A) The department of developmental disabilities shall do all of the following:
(1) Maintain, operate, manage, and govern all state institutions for the care, treatment, and training of persons with i ntellectual disabilities;
(2) Designate all such institutions by appropriate names;
(3) Provide and designate facilities for the custody, care, and special treatment of persons of the following classes:
(a) Dangerous persons in state institutions for persons with i ntellectual disabilities who represent a serious threat to the safety of the other patients of the institution;
(b) Persons charged with crimes who are found incompetent to stand trial or not guilty by reason of insanity and who are also persons with intellectual disabilities subject to institutionalization by court order.
(4) Have control of all institutions maintained in part by the state for the care, treatment, and training of persons with i ntellectual disabilities;
(5) Administer the laws relative to persons in such institutions in an efficient, economical, and humane manner;
(6) Ascertain by actual examinations and inquiry whether institutionalizations are made according to law.
(B) The department may do any of the following:
(1) Subject to section 5139.08 of the Revised Code, receive from the department of youth services for observation, diagnosis, care, habilitation, or placement any children in the custody of the department of youth services;
(2) Receive for observation any minor from a public institution other than an institution under the jurisdiction of the department of developmental disabilities, from a private charitable institution, or from a person having legal custody of such a minor, upon such terms as are proper;
(3) Receive from the department of mental health and addiction services any patient in the custody of the department who is transferred to the department of developmental disabilities upon such terms and conditions as may be agreed upon by the two departments.
(C) In addition to the powers and duties expressly conferred by this section, the department may take any other action necessary for the full and efficient executive, administrative, and fiscal supervision of the state institutions described in this section.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5123 | Department of Developmental Disabilities › Section 5123.031 | Nonpartisan Management.

Effective:
October 6, 2009
Latest Legislation:
Senate Bill 79 - 128th General Assembly
The director of developmental disabilities may require the performance of duties by the officers of the institutions under the jurisdiction of the department of developmental disabilities so as fully to meet the requirements, intents, and purposes of this chapter. In case of an apparent conflict between the powers conferred upon any managing officer and those conferred by this chapter upon the department, the presumption shall be conclusive in favor of the department.
The director shall adopt rules for the nonpartisan management of the institutions under the jurisdiction of the department. An officer or employee of the department or any officer or employee of any institution under its control who, by solicitation or otherwise, exerts the officer's or employee's influence directly or indirectly to induce any other officer or employee of the department or any of its institutions to adopt the officer's or employee's political views or to favor any particular person, issue, or candidate for office shall be removed from the officer's or employee's office or position, by the department in case of an officer or employee, and by the governor in case of the director.
The managing officer of any institution under the jurisdiction of the department shall submit reports to the director relating to the admission, examination, comprehensive evaluation, diagnosis, release, or discharge of any resident.
The director, or a person designated by the director, shall visit each institution regularly to review the admission procedures of all new residents and to investigate complaints made by any resident or by any person on behalf of a resident.
The director shall prescribe the forms of affidavits, applications, comprehensive evaluations, orders of institutionalization and release, and all other forms that are required in the institutionalization, admission, and release of all persons with respect to institutions under the jurisdiction of the department, and of reports and records provided for under this chapter.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5123 | Department of Developmental Disabilities › Section 5123.033 | Department Program Fee Fund.

Effective:
October 12, 2016
Latest Legislation:
House Bill 158 - 131st General Assembly
The program fee fund is hereby created in the state treasury. All fees collected pursuant to sections 5123.161, 5123.164, and 5123.19 of the Revised Code shall be credited to the fund. Money credited to the fund shall be used solely for the department of developmental disabilities' duties under sections 5123.16 to 5123.1611 and 5123.19 of the Revised Code and to provide continuing education and professional training to providers of services to individuals with developmental disabilities. If the money credited to the fund is inadequate to pay all of the department's costs in performing those duties and providing the continuing education and professional training, the department may use other available funds appropriated to the department to pay the remaining costs of performing those duties and providing the continuing education and professional training.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5123 | Department of Developmental Disabilities › Section 5123.034 | Developmental Centers Services and Cost Recovery.

Effective:
September 30, 2021
Latest Legislation:
House Bill 110 - 134th General Assembly
(A) As used in this section, "developmental center" has the same meaning as in section 5123.032 of the Revised Code.
(B) A developmental center of the department of developmental disabilities may provide services to both of the following:
(1) Individuals with developmental disabilities who reside in the community in which the developmental center is located;
(2) Providers who provide services to individuals with developmental disabilities who reside in the community in which the developmental center is located.
(C) The department may develop a method for recovering the costs associated with providing these services.
Last updated September 9, 2021 at 4:18 PM
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5123 | Department of Developmental Disabilities › Section 5123.04 | Director of Department - Powers and Duties.

Effective:
October 12, 2016
Latest Legislation:
House Bill 158 - 131st General Assembly
(A) The director of developmental disabilities is the executive head of the department of developmental disabilities. All duties conferred on the department and its institutions by law or by order of the director shall be performed under such rules as the director prescribes, and shall be under the director's control. The director shall establish bylaws for the government of all institutions under the jurisdiction of the department. Except as otherwise is provided as to appointments by chiefs of divisions, the director shall appoint such employees as are necessary for the efficient conduct of the department, and shall prescribe their titles and duties. If the director is not a licensed physician, decisions relating to medical diagnosis and treatment shall be the responsibility of a licensed physician appointed by the director.
(B) The director shall adopt rules for the proper execution of the powers and duties of the department.
(C) The director shall adopt rules establishing standards that programs and facilities for persons with intellectual disabilities shall follow when performing evaluations of the mental condition of defendants ordered by the court under section 2919.271 or 2945.371 of the Revised Code, and for the treatment of defendants who have been found incompetent to stand trial under section 2945.38 of the Revised Code, and certify the compliance of such programs and facilities with the standards.
(D) On behalf of the department, the director has the authority to, and responsibility for, entering into contracts and other agreements.
(E) The director shall adopt rules in accordance with Chapter 119. of the Revised Code that do all of the following:
(1) Specify the supplemental services that may be provided through a trust authorized by section 5815.28 of the Revised Code;
(2) Establish standards for the maintenance and distribution to a beneficiary of assets of a trust authorized by section 5815.28 of the Revised Code.
(F) The director shall provide monitoring of county boards of developmental disabilities.