reglab/statecodes huggingface dataset:
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5123 | Department of Developmental Disabilities › Section 5123.62 | Rights of Persons With a Developmental Disability.

Effective:
October 12, 2016
Latest Legislation:
House Bill 158 - 131st General Assembly
The rights of persons with developmental disabilities include, but are not limited to, the following:
(A) The right to be treated at all times with courtesy and respect and with 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;
(E) The right of timely access to appropriate medical or dental treatment;
(F) The 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 of their choice in any reasonable manner they choose;
(J) The right to ownership and use of personal possessions so as to maintain individuality and personal dignity;
(K) The right to social interaction with members of either sex;
(L) The right of access to opportunities that enable individuals to develop their full human potential;
(M) The right to pursue vocational opportunities that will promote and enhance economic independence;
(N) The right to be treated equally as citizens under the law;
(O) The right to be free from emotional, psychological, and physical abuse;
(P) The right to participate in appropriate programs of education, training, social development, and habilitation and in programs of reasonable recreation;
(Q) The right to participate in decisions that affect their lives;
(R) The right to select a parent or advocate to act on their behalf;
(S) The right to manage their personal financial affairs, based on individual ability to do so;
(T) The right to confidential treatment of all information in their personal and medical records, except to the extent that disclosure or release of records is 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, or other research or experiments.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5123 | Department of Developmental Disabilities › Section 5123.621 | Legislative Intent Regarding Adult Day Services.

Effective:
September 29, 2015
Latest Legislation:
House Bill 64 - 131st General Assembly
It is the 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 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.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5123 | Department of Developmental Disabilities › Section 5123.63 | Distributing Copies of Rights.

Effective:
October 12, 2016
Latest Legislation:
House Bill 158 - 131st General Assembly
Every state agency, county board of developmental disabilities, 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 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 individual receiving services or the parent, guardian, or advocate of the individual shall sign an acknowledgement of receipt of a copy of the list of rights, and a copy of the signed acknowledgement shall be placed in the individual's file. The provider shall also be responsible for answering any questions and giving any explanations necessary to assist the individual to understand the rights enumerated. Instruction in these rights shall be documented.
Each provider shall make available to all persons receiving services and all employees and visitors a copy of the list of rights and the addresses and telephone numbers of the Ohio protection and advocacy system, the department of developmental disabilities, and the county board of developmental disabilities of the county in which the provider provides services.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5123 | Department of Developmental Disabilities › Section 5123.64 | Enforcement Duties.

Effective:
October 12, 2016
Latest Legislation:
House Bill 158 - 131st General Assembly
(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. Every provider shall establish written procedures for resolving complaints of violations of those rights. A copy of the procedures shall be provided to any person receiving services or to any parent, guardian, or advocate of a person receiving services.
(B) Any person with a developmental disability who believes that the person's rights as enumerated in section 5123.62 of the Revised Code have been violated may:
(1) Bring the violation to the attention of the provider for resolution;
(2) Report the violation to the department of developmental disabilities, the Ohio protection and 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.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5123 | Department of Developmental Disabilities › Section 5123.65 | Self-Administration of Medication.

Effective:
October 12, 2016
Latest Legislation:
House Bill 158 - 131st General Assembly
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 necessary to implement and enforce this section. The rules shall be adopted in accordance with Chapter 119. of the Revised Code.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5123 | Department of Developmental Disabilities › Section 5123.651 | Assistance in Self-Administration of Prescribed Medication.

Effective:
April 6, 2023
Latest Legislation:
House Bill 281 - 134th General Assembly
(A) As used in this section, "developmental disabilities personnel" and "prescribed medication" have the same meanings as in section 5123.41 of the Revised Code.
(B) Developmental disabilities personnel who are not specifically authorized by other provisions of the Revised Code to provide assistance in the self-administration of prescribed medication may, under this section, 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 personnel shall take only the following actions:
(1) Remind an individual when to take the medication and observe the individual to ensure that the individual follows the directions on the container;
(2) Assist an individual by taking the medication in its container from the area where it is stored, handing the container with the medication in it to the individual, and opening the container, 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 or dropping it, developmental disabilities personnel may place the dose in another container and place that container to the individual's mouth.
Last updated March 10, 2023 at 1:03 PM
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5123 | Department of Developmental Disabilities › Section 5123.67 | Liberal Construction of Chapter.

Effective:
October 12, 2016
Latest Legislation:
House Bill 158 - 131st General Assembly
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) To promote the economic security, standard of living, and meaningful employment of persons with developmental disabilities;
(D) To maximize the assimilation of persons with developmental disabilities 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 direction.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5123 | Department of Developmental Disabilities › Section 5123.69 | Voluntary Admission.

Effective:
October 12, 2016
Latest Legislation:
House Bill 158 - 131st General Assembly
(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 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 comprehensive evaluation has been made of the person and only if the comprehensive evaluation concludes that the person has an intellectual disability and would benefit significantly from admission.
(C) The managing officer shall discharge any voluntary resident if, in the judgment of the chief program director, the 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.
(D) A person who is found incompetent to stand trial or not guilty by reason of insanity and who is committed pursuant to section 2945.39, 2945.40, 2945.401, or 2945.402 of the Revised Code shall not voluntarily commit self pursuant to this section until after the final termination of the commitment, as described in division (J) of section 2945.401 of the Revised Code.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5123 | Department of Developmental Disabilities › Section 5123.691 | Admission to Specialized Treatment Unit for Minors.

Effective:
October 17, 2019
Latest Legislation:
House Bill 166 - 133rd General Assembly
(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 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 be based upon the availability of beds at the institution and the clinical treatment needs of the minor.
(2) The department of developmental disabilities may establish other criteria for admitting a minor into a specialized treatment unit.
(D) Before a minor may be admitted into a specialized treatment unit, the minor's parent or legal guardian, the county board of developmental disabilities, and the department shall enter into a memorandum of understanding setting forth the roles and responsibilities of each of the parties regarding the care and treatment of the minor and specifying the duration of admission in the specialized treatment unit.
(E)(1) The initial duration of admission for a minor in a specialized treatment unit shall not exceed one hundred eighty days.
(2) The parent or legal guardian of a minor may petition the department to extend the duration of a minor's admission in a specialized treatment unit at least thirty days before the expiration of the minor's term of admission in the specialized treatment unit. The department, in its discretion, may grant or deny a petition for extended admission, but may not extend a minor's duration of admission in a specialized treatment unit beyond one year.
(3) Upon the expiration of a minor's term of admission in a specialized treatment unit, the minor shall be returned to the care of the minor's parent or legal guardian.
(F) The managing officer of an institution may discharge a minor from a specialized treatment unit in accordance with division (C) of section 5123.69 of the Revised Code. The uniform procedures of discharge established by rules adopted under division (G)(7) of section 5123.19 of the Revised Code shall not apply to the discharge of a minor from a specialized treatment unit.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5123 | Department of Developmental Disabilities › Section 5123.70 | Requesting Release of Voluntary Resident.

Effective:
July 1, 1975
Latest Legislation:
Senate Bill 336 - 110th General Assembly
(A) A resident admitted pursuant to section 5123.69 of the Revised Code who requests his own release or whose release 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 comprehensive evaluation;
(2) If, within three court days from the receipt of the request for release, the managing officer files an affidavit or causes an affidavit to be filed under section 5123.71 of the Revised Code with the probate division of the court of common pleas of the county where the resident has his residence or where he is institutionalized, release may be postponed until a hearing can be held pursuant to section 5123.76 of the Revised Code. In such case, the request for release shall substitute for the request for a probable cause hearing under section 5123.75 of the Revised Code.
A telephone communication to the probate division from the managing officer of the institution or his designee indicating that the required affidavit has been mailed by certified mail shall be sufficient compliance with division (A)(2) of this section.
(B) Judicial proceedings for institutionalization shall not be commenced with respect to a voluntary resident except pursuant to division (A)(2) of this section.
(C) Sections 5121.01 to 5121.10 of the Revised Code shall 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.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5123 | Department of Developmental Disabilities › Section 5123.701 | Application for Short-Term Care.

Effective:
October 12, 2016
Latest Legislation:
House Bill 158 - 131st General Assembly
(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 adjudicated mentally incompetent by a guardian.
(B) For purposes of this section, short-term care shall be defined to mean appropriate services provided to a person with an intellectual disability for no more than fourteen consecutive days and for no more than forty-two days in a fiscal year. When circumstances warrant, the fourteen-day period may be extended at the discretion of the managing officer. Short-term care is provided in a developmental center to meet the family's or caretaker's needs for separation from the person with an intellectual disability.
(C) The managing officer of an institution, with the concurrence of the chief program director, may admit a person for short-term care only after a medical examination has been made of the person and only if the managing officer concludes that the person has an intellectual disability.
(D) A person who is found not guilty by reason of insanity shall not admit self to an institution for short-term care unless a hearing was held regarding the person pursuant to division (A) of section 2945.40 of the Revised Code and either of the following applies:
(1) The person was found at the hearing not to be a person with an intellectual disability subject to institutionalization by court order;
(2) The person was found at the hearing to be a person with an intellectual disability subject to institutionalization by court order, was involuntarily committed, and was finally discharged.
(E) The person with an intellectual disability, liable relatives, and guardians of persons with intellectual disabilities admitted for respite care shall pay support charges in accordance with sections 5121.01 to 5121.21 of the Revised Code.
(F) At the conclusion of each period of short-term care, the person shall return to the person's family or caretaker. Under no circumstances shall a person admitted for short-term care according to this section remain in the institution after the period of short-term care unless the person is admitted according to section 5123.70, sections 5123.71 to 5123.76, or section 2945.38, 2945.39, 2945.40, 2945.401, or 2945.402 of the Revised Code.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5123 | Department of Developmental Disabilities › Section 5123.711 | Assessment of Individual's Needs.

Effective:
October 6, 2009
Latest Legislation:
Senate Bill 79 - 128th General Assembly
(A) As used in this section:
(1) "Emergency" means either of the following that creates 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) "Priority" means a situation creating a risk of substantial harm to an individual or others, but for which action within thirty days is not necessary.
(3) "Resources" has the same meaning as in section 5126.01 of the Revised Code.
(B) Prior to filing an affidavit under section 5123.71 of the Revised Code for the involuntary institutionalization of 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 delivered by certified mail.
Within three working days after receiving a request for an assessment, the board shall notify the department of developmental disabilities that the request has been made and that there is the potential for court-ordered institutionalization of an individual. The department may provide assistance to the board in the performance of the assessment.
(C) The board's assessment of an individual's needs shall include the following:
(1) A determination of the current needs of the individual, including an appropriate plan for services;
(2) A determination of whether the community is the least restrictive environment in which the individual may be appropriately served;
(3) A determination of whether the individual meets the conditions for assistance on an emergency or priority basis;
(4) Identification of available resources to meet the individual's needs, including service providers with the capability of appropriately meeting those needs, special ancillary services, and moneys to pay for the services necessary to meet the individual's needs within the community rather than in a state institution.
(D) If the board's assessment of an individual identifies that county resources are available to meet the individual's needs in the community, the board shall provide services to the individual or arrange for the provision of services. If county resources are not available, the board shall petition the department of developmental disabilities for necessary resources that may be available from the department.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5123 | Department of Developmental Disabilities › Section 5123.72 | Presentation of Case for State.

Effective:
October 6, 2009
Latest Legislation:
Senate Bill 79 - 128th General Assembly
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.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5123 | Department of Developmental Disabilities › Section 5123.73 | Notice of Hearing.

Effective:
October 6, 2009
Latest Legislation:
Senate Bill 79 - 128th General Assembly
(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 by the respondent, except that if the respondent does not make a selection, the notice shall be sent to the adult next of kin other than the person who filed the affidavit, if that person's address is known 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.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5123 | Department of Developmental Disabilities › Section 5123.74 | Emergency Institutionalization by Probate Court.

Effective:
October 12, 2016
Latest Legislation:
House Bill 158 - 131st General Assembly
(A) On receipt of an affidavit under section 5123.71 of the Revised Code, the probate division of the court of common pleas may, if it has probable cause to believe that the person named in the affidavit is a person with an intellectual disability subject to institutionalization 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 individual in the community if the board's assessment of the individual conducted under section 5123.711 of the Revised Code identifies that resources are available to meet the individual's needs in an appropriate manner within the community as an alternative to institutionalization;
(3) Set the matter for further hearing.
(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 emergency condition; necessary for the person's health, safety or welfare; and necessary for the protection of society, if applicable.
(C) A person detained under this section may be observed and habilitated until the probable cause hearing provided for in section 5123.75 of the Revised Code. If no probable cause hearing is requested or held, the person may be evaluated and shall be provided with habilitative services until the full hearing is held pursuant to section 5123.76 of the Revised Code.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5123 | Department of Developmental Disabilities › Section 5123.77 | Temporary Holding.

Effective:
October 5, 2000
Latest Legislation:
House Bill 448 - 123rd General Assembly
(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 chapter, the person in charge of the institution or facility in which that person is temporarily held under division (A) of this section immediately shall notify that person's legal guardian, spouse, or next of kin and the person's counsel, if such can be ascertained.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5123 | Department of Developmental Disabilities › Section 5123.79 | Discharging Involuntary Resident.

Effective:
October 12, 2016
Latest Legislation:
House Bill 158 - 131st General Assembly
(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 determination that institutionalization no longer is appropriate. Upon the discharge, the managing officer of the institution shall notify the probate division of the court of common pleas that made the involuntary commitment.
(B) Upon the request of the director of a private institution, program, facility, or person having custody of a resident institutionalized pursuant to section 5123.76 of the Revised Code, or on the order of the probate division of the court of common pleas, the resident may be called for a rehearing to determine the advisability of continued institutionalization at a place within the county of resident's residence or the county where the resident is institutionalized as the probate division designates. The hearing shall be held pursuant to section 5123.76 of the Revised Code.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5123 | Department of Developmental Disabilities › Section 5123.80 | Trial Visits.

Effective:
October 12, 2016
Latest Legislation:
House Bill 158 - 131st General Assembly
(A) When the chief program director of an institution for persons with i ntellectual disabilities considers that it is in the best interest of a resident, the managing officer may permit the resident to leave the institution on a trial visit. The trial visit shall be for the period of time the managing officer determines.
(B) The managing officer, upon releasing a resident on trial visit, may impose such requirements and conditions upon the resident while the resident is absent from the institution as are consistent with the habilitation plan.
(C) The managing officer of the institution from which an involuntary resident is given trial visit status may at any time revoke the trial visit if there is reason to believe that it is in the best interests of the resident to be returned to the institution.
(D) If the revocation is not voluntarily complied with the managing officer, within five days, shall authorize any health or police officer, or sheriff to take the resident into custody and transport the resident to the institution.
(E) An involuntarily committed resident who has successfully completed one year of continuous trial visit shall be automatically discharged.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5123 | Department of Developmental Disabilities › Section 5123.801 | Expenses of Trial Visit or Discharge.

Effective:
October 6, 2009
Latest Legislation:
Senate Bill 79 - 128th General Assembly
If neither a discharged resident, nor a resident granted trial visit, nor the persons requesting the resident's trial visit or discharge are financially able to bear the expense of the resident's trial visit or discharge, the managing officer of an institution under the control of the department of developmental disabilities may then provide actual traveling and escort expenses to the township of which the resident resided at the time of institutionalization. The amount payable 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 resident's trial visit or discharge are financially able to provide that clothing.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5123 | Department of Developmental Disabilities › Section 5123.81 | Involuntarily Committed Resident Absent Without Leave.

Effective:
October 12, 2016
Latest Legislation:
House Bill 158 - 131st General Assembly
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 of developmental disabilities, the managing officer of the institution from which the resident is absent, or the probate judge of the county from which the resident was ordered institutionalized or in which he is found. The officer who takes the resident into custody shall immediately notify the issuer of the order.
Last updated January 3, 2024 at 10:22 AM
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5123 | Department of Developmental Disabilities › Section 5123.811 | Reporting Change of Location, Death or Condition of Resident.

Effective:
October 6, 2009
Latest Legislation:
Senate Bill 79 - 128th General Assembly
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 the residence of such resident. In case of death, the managing officer shall also notify one or more of the nearest relatives of the deceased resident, if known to the managing officer, by letter, telegram, or telephone. If the place of residence of such relative is unknown to the managing officer, immediately upon receiving notification, the probate judge shall in the speediest manner possible notify such relatives, if known to the probate judge.
The managing officer of the institution shall, upon the request of the probate judge of the county from which such resident was institutionalized or the probate judge of the county of the residence of such resident, make a report to such judge of the condition of any resident under the care, treatment, custody, or control of such managing officer.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5123 | Department of Developmental Disabilities › Section 5123.82 | Application for Habilitation and Care of Discharged Resident.

Effective:
October 12, 2016
Latest Legislation:
House Bill 158 - 131st General Assembly
(A) Any person who has been institutionalized under this chapter may, at any time after discharge from such institution, make application 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 such person feels the person is in need of such services. If the person's condition warrants, the person may be enrolled as an outpatient and, during such enrollment, the person may receive services subject to Chapter 5121. of the Revised Code.
(C) The application prescribed in division (A) or (B) of this section may also be made on behalf of a minor by a parent, guardian, or custodian of a minor, and on behalf of an adult adjudicated incompetent by the guardian or custodian of the adult.
(D) The managing officer of the public institution may refer any discharged resident who makes an application under this section to the director of any program that serves the county in which such resident resides and is offered by the county board of developmental disabilities for persons with intellectual disabilities, or to such other facility as the director of developmental disabilities may designate. Upon notice of such referral, the director of such program may provide the services required by the applicant.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5123 | Department of Developmental Disabilities › Section 5123.83 | Civil and Public or Private Employment Rights.

Effective:
October 12, 2016
Latest Legislation:
House Bill 158 - 131st General Assembly
No person shall 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.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5123 | Department of Developmental Disabilities › Section 5123.84 | Free Communication With Others by Residents.

Effective:
October 12, 2016
Latest Legislation:
House Bill 158 - 131st General Assembly
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 of free calls if unable to pay for them and assistance in calling if requested and needed;
(D) Having ready access to letter writing materials and stamps, including a reasonable number without cost if the resident is unable to pay for them, to mailing and receiving unopened correspondence, and to receiving assistance in writing if requested and needed.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5123 | Department of Developmental Disabilities › Section 5123.85 | Habilitation Plan.

Effective:
October 12, 2016
Latest Legislation:
House Bill 158 - 131st General Assembly
(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 resident or resident's counsel, to resident's counsel and to any private physician designated by the resident or the resident's counsel.
(C) All such residents shall receive habilitation and care consistent with the habilitation plan. The department of developmental disabilities shall set standards for habilitation and care provided to such residents, consistent wherever possible with standards set by national accreditation organizations recognized by the department.
(D) All such residents shall receive periodic comprehensive re-evaluations of the habilitation plan by the professional staff of the institution at intervals not to exceed ninety days.
(E) All such residents shall be provided with prompt and adequate medical treatment for any physical or mental disease or injury.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5123 | Department of Developmental Disabilities › Section 5123.851 | Procedure Upon Discharge.

Effective:
September 26, 2003
Latest Legislation:
House Bill 95 - 125th General Assembly
When a resident institutionalized pursuant to this chapter is discharged from the institution, the managing officer of the institution may provide the resident with all personal items that were purchased in implementing the resident's habilitation plan established pursuant to section 5123.85 of the Revised Code. The personal items may be provided to the resident, regardless of the source of the funds that were used to purchase the items.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5123 | Department of Developmental Disabilities › Section 5123.87 | Labor or Tasks Performed by Residents.

Effective:
October 12, 2016
Latest Legislation:
House Bill 158 - 131st General Assembly
(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 be compensated at a rate derived from the value of the work performed, having reference to the prevailing wage rate for comparable work or wage rates established under section 4111.06 of the Revised Code.
(B) A resident may be required to perform habilitative tasks that do not involve the operation, support, or maintenance of the institution if those tasks are an integrated part of the resident's habilitation plan and supervised by a member of the institution's professional staff who is designated by the chief program director.
(C) A resident may be required to perform tasks of a personal housekeeping nature.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5123 | Department of Developmental Disabilities › Section 5123.88 | Writ of Habeas Corpus.

Effective:
October 12, 2016
Latest Legislation:
House Bill 158 - 131st General Assembly
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 intellectual disability subject to institutionalization by court order unless the person shows that the release procedures of division (H) of section 5123.76 of the Revised Code are inadequate or unavailable.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5123 | Department of Developmental Disabilities › Section 5123.90 | Attorney General Duties.

Effective:
October 6, 2009
Latest Legislation:
Senate Bill 79 - 128th General Assembly
The attorney general shall attend to all suits 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.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5123 | Department of Developmental Disabilities › Section 5123.91 | Immunity.

Effective:
October 12, 2016
Latest Legislation:
House Bill 158 - 131st General Assembly
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 institutionalization or discharge of a person pursuant to the provisions of this chapter.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5123 | Department of Developmental Disabilities › Section 5123.92 | Venue.

Effective:
October 12, 2016
Latest Legislation:
House Bill 158 - 131st General Assembly
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 county in which the institution is located shall, upon the request of the probate division receiving the affidavit, hold a hearing and make a disposition of the person in accordance with the procedures prescribed by this chapter.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5123 | Department of Developmental Disabilities › Section 5123.93 | Guardianship of Minor.

Effective:
October 12, 2016
Latest Legislation:
House Bill 158 - 131st General Assembly
Minors with intellectual disabilities shall remain under the guardianship of their parents or of a guardian appointed pursuant to Chapter 2111. of the Revised Code, notwithstanding institutionalization pursuant to any section of this chapter, unless parental rights have been terminated pursuant to a court finding that the child is neglected, abused, or dependent pursuant to Chapter 2151. of the Revised Code. If a minor with an intellectual disability has been found to 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 managing officer or any other employee of an institution in which the person is institutionalized, or be assigned, unless there is a relationship by blood or marriage or unless the service is a protective service as defined in section 5123.55 of the Revised Code, to a person or agency who provides services to the person with an intellectual disability.