reglab/statecodes huggingface dataset:
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5123 | Department of Developmental Disabilities › Section 5123.374 | Rescission of Approval of Application.

Effective:
October 12, 2016
Latest Legislation:
House Bill 158 - 131st General Assembly
(A) The director of developmental disabilities may rescind approval of an application submitted under section 5123.37 of the Revised Code if either of the following occurs:
(1) The county board of developmental disabilities or private, nonprofit agency that submitted the application fails, on or before the deadline or, if any, the last extended deadline established under section 5123.372 of the Revised Code for the county board or agency, to notify the director that the county board or agency is ready to acquire the replacement facility.
(2) The county board or agency at any time notifies the director that the county board or agency no longer intends to acquire a replacement facility.
(B) If the director rescinds approval of an application, the director shall use any funds the county board or agency paid to the director under section 5123.371 of the Revised Code to assist developmental disabilities construction projects under section 5123.36 of the Revised Code.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5123 | Department of Developmental Disabilities › Section 5123.375 | Developmental Disabilities Community Capital Replacement Fund.

Effective:
October 12, 2016
Latest Legislation:
House Bill 158 - 131st General Assembly
The developmental disabilities community capital replacement facilities fund is hereby created in the state treasury. The director of developmental disabilities shall credit all amounts paid to the director under section 5123.371 of the Revised Code to the fund. The director shall use the money in the fund as follows:
(A) To make payments to county boards of developmental disabilities and private, nonprofit agencies pursuant to agreements entered into under section 5123.373 of the Revised Code;
(B) To provide, pursuant to section 5123.374 of the Revised Code, assistance for developmental disabilities construction projects under section 5123.36 of the Revised Code.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5123 | Department of Developmental Disabilities › Section 5123.376 | Changing Terms of Agreement Regarding Construction, Acquisition, or Renovation of Residential Facility.

Effective:
September 29, 2015
Latest Legislation:
House Bill 64 - 131st General Assembly
(A) As used in this section:
(1) "Medicaid-certified capacity" has the same meaning as in section 5124.01 of the Revised Code.
(2) "Residential facility" has the same meaning as in section 5123.19 of the Revised Code.
(B)(1) The director of developmental disabilities may change the terms of an agreement entered into with a county board of developmental disabilities or private, nonprofit agency pursuant to section 5123.36 of the Revised Code or other statutory authority in effect before July 1, 1980, regarding the construction, acquisition, or renovation of a residential facility if all of the following apply:
(a) The agreement was entered into during the period beginning January 1, 1975, and ending December 31, 1984.
(b) The agreement requires the county board or private, nonprofit agency to use the residential facility as a residential facility for at least forty years.
(c) The residential facility is an ICF/IID and, before the conversion specified in division (B)(1)(d) of this section, the ICF/IID had a medicaid-certified capacity of at least sixteen.
(d) The residential facility's operator converted at least fifty per cent of its medicaid-certified beds from providing ICF/IID services to providing home and community-based services in accordance with section 5124.60 or 5124.61 of the Revised Code.
(e) The county board or private, nonprofit agency applies to the director for the change in the agreement's terms.
(2) The terms of an agreement that may be changed pursuant to division (B)(1) of this section include terms regarding the length of time the residential facility must be used as a residential facility.
(C) The director may authorize a county board or nonprofit, private agency not to repay the amount of an outstanding balance otherwise owed pursuant to an agreement entered into pursuant to section 5123.36 of the Revised Code or other statutory authority in effect before July 1, 1980, regarding the construction, acquisition, or renovation of a residential facility if all of the following apply:
(1) The agreement was entered into during the period beginning January 1, 1975, and ending December 31, 1984.
(2) The agreement requires the county board or private, nonprofit agency to use the residential facility as a residential facility for at least forty years.
(3) Before the conversion specified in division (C)(4) of this section, the residential facility was an ICF/IID with a medicaid-certified capacity of at least sixteen.
(4) The residential facility's operator converted all of its medicaid-certified beds from providing ICF/IID services to providing home and community-based services in accordance with section 5124.60 or 5124.61 of the Revised Code.
(5) The county board or private, nonprofit agency applies to the director for forgiveness of the outstanding balance.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5123 | Department of Developmental Disabilities › Section 5123.378 | Authority to Change Terms of Agreement Regarding the Construction, Acquisition, or Renovation of Community Early Childhood Facility.

Effective:
September 29, 2017
Latest Legislation:
House Bill 49 - 132nd General Assembly
(A) As used in this section:
(1) "Community early childhood facility" means a facility in which early childhood services are provided.
(2) "Early childhood services" has the same meaning as in section 5126.01 of the Revised Code.
(3) "Renovation" means work done to a building to restore it to an acceptable condition and to make it functional for use by individuals with developmental disabilities. "Renovation" includes architectural and structural changes and the modernization of mechanical and electrical systems. "Renovation" does not include work that consists primarily of maintenance repairs and replacements necessary due to normal use, wear and tear, or deterioration.
(B) The director of developmental disabilities may change the terms of an agreement entered into with a county board of developmental disabilities or a board of county commissioners pursuant to section 5123.36 of the Revised Code or other statutory authority in effect before July 1, 1980, regarding the construction, acquisition, or renovation of a community early childhood facility if all of the following apply:
(1) The agreement was entered into on or before December 31, 1999.
(2) The agreement requires the county board or board of county commissioners to use the community early childhood facility for at least fifteen years.
(3) The county board or board of county commissioners submits to the director an application for a change in the agreement's terms that includes all of the following:
(a) A statement of intent to close the facility and the anticipated date of closure;
(b) The number of individuals with developmental disabilities served in the facility at the time of application;
(c) A commitment and demonstration that those individuals will continue to receive services;
(d) A resolution from the county board or board of county commissioners authorizing the application, including a commitment that if the facility is sold, the county board or board of county commissioners will do either of the following:
(i) Reimburse the department of developmental disabilities the proceeds of the sale up to the outstanding balance owed under the agreement;
(ii) Use the proceeds of the sale for the acquisition, renovation, or accessibility modification of housing for individuals with developmental disabilities that complies with the requirements established by the director.
(4) The director may establish a deadline by which the county board or board of county commissioners shall use the proceeds of a sale pursuant to division (B)(3)(d)(ii) of this section. The director may extend the deadline as many times as the director determines necessary.
(C) Agreement terms that may be changed pursuant to division (B) of this section include terms regarding the length of time the facility must be used as a community early childhood facility.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5123 | Department of Developmental Disabilities › Section 5123.38 | Effect of Transfer From Supported Services to Commitment to Icf/iid.

Effective:
September 29, 2017
Latest Legislation:
House Bill 49 - 132nd General Assembly
(A) Except as provided in division (B) of this section, if an individual is committed to a state-operated ICF/IID pursuant to sections 5123.71 to 5123.76 of the Revised Code, the county board of developmental disabilities of the county from which the individual was ordered institutionalized is responsible for the nonfederal share of medicaid expenditures for the individual's care in the state-operated ICF/IID. The department of developmental disabilities shall collect the amount of the nonfederal share from the county board by either withholding that amount from funds the department has otherwise allocated to the county board or submitting an invoice for payment of that amount to the county board.
(B) Division (A) of this section does not apply under either of the following circumstances:
(1) Not later than one hundred eighty days after the date of the commitment of an individual, the county board arranges for the provision of alternative services for the individual, and the individual is discharged from the ICF/IID.
(2) The director of developmental disabilities, after determining that circumstances warrant granting a waiver in an individual's case, grants the county board a waiver that exempts the county board from responsibility for the nonfederal share for that case.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5123 | Department of Developmental Disabilities › Section 5123.39 | Patient Clothing.

Effective:
July 1, 1988
Latest Legislation:
Senate Bill 156 - 117th General Assembly
If not otherwise furnished, the probate judge shall see that each patient hospitalized under section 5123.76 of the Revised Code is properly attired for transportation, and, in addition, the institution shall be furnished a complete change of clothing for such patient, which shall be paid for on the certificate of the probate judge and the order of the county auditor from the county treasury. Such clothing shall be new or as good as new.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5123 | Department of Developmental Disabilities › Section 5123.40 | Services Fund for Individuals With Developmental Disabilities.

Effective:
October 12, 2016
Latest Legislation:
House Bill 158 - 131st General Assembly
There is hereby created in the state treasury the services fund for individuals with developmental disabilities. On the death of the beneficiary of a trust created pursuant to section 5815.28 of the Revised Code, the portion of the remaining assets of the trust specified in the trust instrument shall be deposited to the credit of the fund.
Money credited to the fund shall be used for individuals with developmental disabilities. In accordance with Chapter 119. of the Revised Code, the department of developmental disabilities may adopt any rules necessary to implement this section.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5123 | Department of Developmental Disabilities › Section 5123.421 | Complaints and Investigations.

Effective:
October 12, 2016
Latest Legislation:
House Bill 483, House Bill 158 - 131st General Assembly
The department of developmental disabilities shall accept complaints from any person or government entity regarding the administration of medications and performance of health-related activities by developmental disabilities personnel pursuant to the authority granted under section 5123.42 of the Revised Code. The department shall conduct investigations of complaints as it considers appropriate.
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.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5123 | Department of Developmental Disabilities › Section 5123.422 | Immunity.

Effective:
October 12, 2016
Latest Legislation:
House Bill 483, House Bill 158 - 131st General Assembly
Developmental disabilities personnel who administer medications or perform health-related activities pursuant to the authority granted under section 5123.42 of the Revised Code are not liable for any injury caused by administering the medications or performing the health-related activities, if both of the following apply:
(A) The developmental disabilities personnel acted in accordance with the methods taught in training completed in compliance with section 5123.42 of the Revised Code.
(B) The developmental disabilities personnel did not act in a manner that constitutes willful or wanton misconduct.
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.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5123 | Department of Developmental Disabilities › Section 5123.43 | Training Courses for Administration of Prescribed Medications and Performance of Health-Related Activities.

Effective:
October 12, 2016
Latest Legislation:
House Bill 483, House Bill 158 - 131st General Assembly
(A) The department of developmental disabilities shall develop courses for the training of developmental disabilities personnel in the administration of medications and performance of health-related activities pursuant to the authority granted under section 5123.42 of the Revised Code. The department may develop separate or combined training courses for the administration of prescribed medications, administration of over-the-counter medications, and performance of health-related activities. Training in the administration of prescribed medications through gastrostomy and jejunostomy tubes, the administration of insulin, the administration of medications for the treatment of metabolic glycemic disorders, the activation of a vagal nerve stimulator, and the administration of epinephrine through an autoinjector may be developed as separate courses or included in a course providing training in the administration of other prescribed medications.
(B)(1) The department shall adopt rules in accordance with section 5123.46 of the Revised Code that specify the content and length of the training courses developed under this section. The rules may include any other standards the department considers necessary for the training courses.
(2) In adopting rules that specify the content of a training course or part of a training course that trains developmental disabilities personnel in the administration of prescribed medications, the department shall ensure that the content includes all of the following:
(a) Infection control and universal precautions;
(b) Correct and safe practices, procedures, and techniques for administering prescribed medications;
(c) Assessment of drug reaction, including known side effects, interactions, and the proper course of action if a side effect occurs;
(d) The requirements for documentation of medications administered to each individual;
(e) The requirements for documentation and notification of medication errors;
(f) Information regarding the proper storage and care of medications;
(g) Information about proper receipt of prescriptions and transcription of prescriptions into an individual's medication administration record;
(h) Course completion standards that require successful demonstration of proficiency in administering prescribed medications;
(i) Any other material or course completion standards that the department considers relevant to the administration of prescribed medications by developmental disabilities personnel.
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 May 14, 2021 at 2:23 PM
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5123 | Department of Developmental Disabilities › Section 5123.44 | Training Registered Nurses to Provide Training Courses for Department Personnel.

Effective:
October 12, 2016
Latest Legislation:
House Bill 483, House Bill 158 - 131st General Assembly
The department of developmental disabilities shall develop courses that train registered nurses to provide the developmental disabilities personnel training courses developed under section 5123.43 of the Revised Code. The department may develop courses that train registered nurses to provide all of the courses developed under section 5123.43 of the Revised Code or any one or more of the courses developed under that section.
The department shall adopt rules in accordance with section 5123.46 of the Revised Code that specify the content and length of the training courses. The rules may include any other standards the department considers necessary for the training courses.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5123 | Department of Developmental Disabilities › Section 5123.441 | Certificates to Provide Training Courses.

Effective:
October 12, 2016
Latest Legislation:
House Bill 483, House Bill 158 - 131st General Assembly
(A) Each developmental disabilities personnel training course developed under section 5123.43 of the Revised Code shall be provided by a registered nurse.
(B) To provide a training course or courses to developmental disabilities personnel, a registered nurse shall obtain the certificate or certificates required by the department of developmental disabilities and issued under section 5123.45 of the Revised Code. The registered nurse shall provide only the training course or courses authorized by the certificate or certificates the registered nurse holds.
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.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5123 | Department of Developmental Disabilities › Section 5123.451 | Registry Listing Personnel and Registered Nurses Holding Valid Certificates.

Effective:
October 12, 2016
Latest Legislation:
House Bill 483, House Bill 158 - 131st General Assembly
The department of developmental disabilities shall establish and maintain a registry that lists all developmental disabilities personnel and registered nurses holding valid certificates issued under section 5123.45 of the Revised Code. The registry shall specify the type of certificate held and any limitations that apply to a certificate holder. The department shall make the information in the registry available to the public in computerized form or any other manner that provides continuous access to the information in the registry.
Last updated May 14, 2021 at 2:20 PM
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5123 | Department of Developmental Disabilities › Section 5123.452 | Adjudication Orders.

Effective:
October 9, 2021
Latest Legislation:
House Bill 263, Senate Bill 3 - 134th General Assembly
(A) If good cause exists as specified in division (B) of this section and determined in accordance with procedures established in rules adopted under section 5123.46 of the Revised Code, the director of developmental disabilities may issue an adjudication order requiring that one of the following actions be taken against a person seeking or holding a certificate issued under section 5123.45 of the Revised Code:
(1) Refusal to issue or renew a certificate;
(2) Revocation of a certificate;
(3) Suspension of a certificate.
(B) The following constitute good cause for taking action under division (A) of this section against a certificate holder:
(1) The certificate holder violates sections 5123.41 to 5123.45 of the Revised Code or rules adopted under those sections;
(2) Confirmed abuse or neglect;
(3) The certificate holder has been convicted of or pleaded guilty to a disqualifying offense, as defined in section 5123.081 of the Revised Code;
(4) Misfeasance;
(5) Malfeasance;
(6) Nonfeasance;
(7) In the case of a certificate holder who is a registered nurse, the board of nursing has taken disciplinary action against the certificate holder under Chapter 4723. of the Revised Code;
(8) Other conduct the director determines is or would be injurious to individuals.
(C) The director shall issue an adjudication order under division (A) of this section in accordance with Chapter 119. of the Revised Code.
Last updated October 20, 2021 at 11:21 AM
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5123 | Department of Developmental Disabilities › Section 5123.46 | Rules Adopted in Conjunction With Board of Nursing and the Ohio Nurses Association.

Effective:
January 21, 2018
Latest Legislation:
House Bill 49 - 132nd General Assembly
All rules adopted under sections 5123.41 to 5123.45 and section 5123.452 of the Revised Code shall be adopted in consultation with the board of nursing, the Ohio nurses association, the state medical board, and the Ohio society for respiratory care. 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 5123.50 | Registry of Employees Guilty of Abuse, Neglect or Misappropriation Definitions.

Effective:
October 12, 2016
Latest Legislation:
House Bill 158 - 131st General Assembly
As used in sections 5123.50 to 5123.542 of the Revised Code:
(A) "Abuse" means all of the following:
(1) The use of physical force that can reasonably be expected to result in physical harm or serious physical harm;
(2) Sexual abuse;
(3) Verbal abuse.
(B) "Misappropriation" means depriving, defrauding, or otherwise obtaining the real or personal property of an individual by any means prohibited by the Revised Code, including violations of Chapter 2911. or 2913. of the Revised Code.
(C) " Developmental disabilities employee" means all of the following:
(1) An employee of the department of developmental disabilities;
(2) An employee of a county board of developmental disabilities;
(3) An employee in a position that includes providing specialized services to an individual with a developmental disability;
(4) An independent provider as defined in section 5123.16 of the Revised Code.
(D) "Neglect" means, when there is a duty to do so, failing to provide an individual with any treatment, care, goods, or services that are necessary to maintain the health and safety of the individual.
(E) "Offense of violence" has the same meaning as in section 2901.01 of the Revised Code.
(F) "Physical harm" and "serious physical harm" have the same meanings as in section 2901.01 of the Revised Code.
(G) "Prescribed medication" has the same meaning as in section 5123.41 of the Revised Code.
(H) "Sexual abuse" means unlawful sexual conduct or sexual contact.
(I) "Specialized services" means any program or service designed and operated to serve primarily individuals with developmental disabilities, including a program or service provided by an entity licensed or certified by the department of developmental disabilities. A program or service available to the general public is not a specialized service.
(J) "Verbal abuse" means purposely using words to threaten, coerce, intimidate, harass, or humiliate an individual.
(K) "Sexual conduct," "sexual contact," and "spouse" have the same meanings as in section 2907.01 of the Revised Code.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5123 | Department of Developmental Disabilities › Section 5123.52 | Registry of Employees Guilty of Abuse, Neglect or Misappropriation.

Effective:
October 12, 2016
Latest Legislation:
House Bill 158 - 131st General Assembly
(A) The department of developmental disabilities shall establish a registry of developmental disabilities employees consisting of the names of individuals included in the registry pursuant to section 5123.51 of the Revised Code.
(B) Before a person or government entity hires, contracts with, or employs an individual as a developmental disabilities employee, the person or government entity shall inquire whether the individual is included in the registry.
(C) When it receives an inquiry regarding whether an individual is included in the registry, the department shall inform the person making the inquiry whether the individual is included in the registry.
(D)(1) Except as otherwise provided in a collective bargaining agreement entered into under Chapter 4117. of the Revised Code that is in effect on November 22, 2000, no person or government entity shall hire, contract with, or employ as a developmental disabilities employee an individual who is included in the registry. Notwithstanding sections 4117.08 and 4117.10 of the Revised Code, no agreement entered into under Chapter 4117. of the Revised Code after November 22, 2000, may contain any provision that in any way limits the effect or operation of this section.
(2) Neither the department nor any county board of developmental disabilities may enter into a new contract or renew a contract with a person or government entity that fails to comply with division (D)(1) of this section until the department or board is satisfied that the person or government entity will comply.
(3) A person or government entity that fails to hire or retain as a developmental disabilities employee an individual because the individual is included in the registry shall not be liable in damages in a civil action brought by the employee or applicant for employment. Termination of employment pursuant to division (D)(1) of this section constitutes a discharge for just cause for the purposes of section 4141.29 of the Revised Code.
(E) Information contained in the registry is a public record for the purposes of section 149.43 of the Revised Code and is subject to inspection and copying under section 1347.08 of the Revised Code.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5123 | Department of Developmental Disabilities › Section 5123.53 | Petitioning for Removal From Registry.

Effective:
October 6, 2009
Latest Legislation:
Senate Bill 79 - 128th General Assembly
An individual who is included in the registry may petition the director of developmental disabilities for removal from the registry. If the director determines that good cause exists, the director shall remove the individual from the registry and may properly reply to an inquiry that the individual is not included in the registry. Good cause includes meeting rehabilitation standards established in rules adopted under section 5123.54 of the Revised Code.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5123 | Department of Developmental Disabilities › Section 5123.54 | Rehabilitation Standard Rules.

Effective:
October 6, 2009
Latest Legislation:
Senate Bill 79 - 128th General Assembly
The director of developmental disabilities shall adopt rules under Chapter 119. of the Revised Code to implement sections 5123.51, 5123.52, and 5123.53 of the Revised Code. The rules shall establish rehabilitation standards for the purposes of section 5123.53 of the Revised Code and specify circumstances, other than meeting the standards, that constitute good cause for the purposes of that section.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5123 | Department of Developmental Disabilities › Section 5123.541 | Employees Engaging in Sexual Conduct or Contact With Individual Under Department Care.

Effective:
October 12, 2016
Latest Legislation:
House Bill 158 - 131st General Assembly
(A) No developmental disabilities employee shall engage in any sexual conduct or have any sexual contact with an individual with a developmental disability for whom the developmental disabilities employee is employed or under a contract to provide care unless the individual is the developmental disabilities employee's spouse.
(B) Any developmental disabilities employee who violates division (A) of this section shall be eligible to be included in the registry regarding misappropriation, abuse, neglect, or other specified misconduct by developmental disabilities employees established under section 5123.52 of the Revised Code, in addition to any other sanction or penalty authorized or required by law.
(C)(1) Any person listed in division (C)(2) of section 5123.61 of the Revised Code who has reason to believe that a developmental disabilities employee has violated division (A) of this section shall immediately report that belief to the department of developmental disabilities.
(2) Any person who has reason to believe that a developmental disabilities employee has violated division (A) of this section may report that belief to the department of developmental disabilities.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5123 | Department of Developmental Disabilities › Section 5123.542 | Notice Explaining Prohibited Conduct.

Effective:
October 12, 2016
Latest Legislation:
House Bill 158 - 131st General Assembly
(A) Each of the following shall annually provide a written notice to each of its developmental disabilities employees explaining the conduct for which a developmental disabilities employee may be included in the registry established under section 5123.52 of the Revised Code:
(1) The department of developmental disabilities;
(2) Each county board of developmental disabilities;
(3) Each provider and subcontractor, as defined in section 5123.081 of the Revised Code;
(4) Each owner, operator, or administrator of a residential facility, as defined in section 5123.19 of the Revised Code;
(5) Each owner, operator, or administrator of a program certified by the department to provide supported living.
(B) The department of developmental disabilities or a county board of developmental disabilities shall provide the notice required by division (A) of this section to a developmental disabilities employee who is an independent provider, as defined in section 5123.16 of the Revised Code.
(C) The notice described in division (A) of this section shall be in a form and provided in a manner prescribed by the department of developmental disabilities. The form shall be the same for all persons and entities required to provide notice under division (A) of this section.
(D) The fact that a developmental disabilities employee does not receive the notice required by this section does not exempt the employee from inclusion in the registry established under section 5123.52 of the Revised Code.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5123 | Department of Developmental Disabilities › Section 5123.55 | Protective Services Definitions.

Effective:
October 12, 2016
Latest Legislation:
House Bill 158 - 131st General Assembly
As used in sections 5123.55 to 5123.59 of the Revised Code:
(A) "Guardian" means a guardian of the person, limited guardian, interim guardian, or emergency guardian pursuant to appointment by the probate court under Chapter 2111. of the Revised Code.
(B) "Trustee" means a trustee appointed by and accountable to the probate court, in lieu of a guardian and without a judicial determination of incompetency, with respect to an estate of ten thousand dollars or less.
(C) "Protector" means an agency under contract with the department of developmental disabilities acting with or without court appointment to provide guidance, service, and encouragement in the development of maximum self-reliance to a person with a developmental disability, independent of any determination of incompetency.
(D) "Protective service" means performance of the duties of a guardian, trustee, or conservator, or acting as a protector, with respect to a person with a developmental disability.
(E) "Conservator" means a conservator of the person pursuant to an appointment by a probate court under Chapter 2111. of the Revised Code.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5123 | Department of Developmental Disabilities › Section 5123.56 | Statewide System of Protective Service.

Effective:
October 6, 2009
Latest Legislation:
Senate Bill 79 - 128th General Assembly
The department of developmental disabilities shall develop a statewide system of protective service in accordance with rules and standards established by the department. With respect to this program, the department may enter into a contract with any responsible public or private agency for provision of protective service by the agency, and the contract may permit the agency to charge the person receiving services fees for services provided.
No costs or fees shall be charged by a probate court for the filing of a petition for guardianship, trusteeship, protectorship, or conservatorship under sections 5123.55 to 5123.59 of the Revised Code, or for any service performed by a probate court, or by any state agency in the course of petitioning for protective services, or for any protective services provided under those sections.
An agency that provides protective services pursuant to a contract with another agency or a court may charge the agency or court fees for the services provided.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5123 | Department of Developmental Disabilities › Section 5123.57 | Evaluation Before Guardianship or Trusteeship Begins.

Effective:
October 12, 2016
Latest Legislation:
House Bill 158 - 131st General Assembly
No guardianship or trusteeship appointment shall be made under sections 5123.55 to 5123.59 of the Revised Code and no person shall be accepted for service by a protector under those sections unless a comprehensive evaluation has been made in a clinic or other facility approved by the department of developmental disabilities. The evaluation shall include a medical, psychological, social, and educational evaluation, and a copy of the evaluation shall be filed with the department.
Any agency that is appointed as a guardian, trustee, or conservator under sections 5123.55 to 5123.59 of the Revised Code or accepted as a protector under those sections shall provide for a review at least once each year in writing of the physical, mental, and social condition of each person with a developmental disability for whom it is acting as guardian, trustee, or protector. An agency providing protective services under contract with the department shall file these reports with the department of developmental disabilities. Any record of the department or agency pertaining to a person with a developmental disability shall not be a public record under section 149.43 of the Revised Code. Information contained in those records shall not be disclosed publicly in such a manner as to identify individuals, but may be made available to persons approved by the director of developmental disabilities or the court.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5123 | Department of Developmental Disabilities › Section 5123.58 | Nomination of Protective Services Agency as Guardian, Trustee or Protector.

Effective:
October 12, 2016
Latest Legislation:
House Bill 158 - 131st General Assembly
An agency providing protective services under contract with the department of developmental disabilities may be nominated under any of the following conditions as guardian, trustee, protector, conservator, or as trustee and protector of a person with a developmental disability:
(A) The person who needs or believes the person needs protective service may make application in writing.
(B) Any interested person may make application in writing on behalf of a person with a developmental disability.
(C) A parent may name the department or agency as guardian or successor guardian in a will.
(D) A parent may name the department or agency as guardian, trustee, or protector, to assume such duties during the parent's lifetime.
If the results of the comprehensive evaluation required under section 5123.57 of the Revised Code indicate that the person named in the nomination is in need of protective services, the agency or service either shall reject or accept the nomination as guardian, trustee, or conservator, subject to appointment by the probate court, or reject or accept the nomination as protector, or trustee and protector.
At the time the nomination is accepted or when an appointment is made by the court, the person with a developmental disability and any person who made application for service on behalf of the person with a developmental disability under this section shall be informed by the agency, service, or court of the procedure for terminating the appointment or service. The agency or service shall cease to provide protective service as a protector pursuant to nomination under division (A), (B), or (D) of this section when a written request for termination is received by the agency from or on behalf of the person with a developmental disability. If the agency or service believes the person to be in need of protective service, the agency or service may file an application for guardianship, trusteeship, or protectorship with the probate court. Termination of any court appointment as guardian, trustee, or protector shall be by order of the probate court.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5123 | Department of Developmental Disabilities › Section 5123.59 | Bond.

Effective:
October 6, 2009
Latest Legislation:
Senate Bill 79 - 128th General Assembly
Before entering upon the duties of trustee, an agency under contract with the department of developmental disabilities may require any of its employees having custody or control of funds or property to give bond to the probate court with sufficient surety, conditioned upon the full and faithful accounting of all trust funds which the employee holds. The amount of the bond shall be determined by the court and may be modified by the court.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5123 | Department of Developmental Disabilities › Section 5123.60 | Ohio Protection and Advocacy System.

Effective:
October 3, 2023
Latest Legislation:
House Bill 33 - 135th General Assembly
(A) As used in this section and section 5123.601 of the Revised Code, "Ohio protection and advocacy system" means the nonprofit entity designated by the governor in accordance with Am. Sub. H.B. 153 of the 129th general assembly to serve as the state's protection and advocacy system and client assistance program.
(B) The Ohio protection and advocacy system shall provide both of the following:
(1) Advocacy services for people with disabilities, as provided under section 101 of the "Developmental Disabilities Assistance and Bill of Rights Act of 2000," 114 Stat. 1678 (2000), 42 U.S.C. 15001;
(2) A client assistance program, as provided under section 112 of the "Rehabilitation Act of 1973," 29 U.S.C. 732.
(C) The Ohio protection and advocacy system may establish any guidelines necessary for its operation.
(D) The Ohio protection and advocacy system shall adopt a policy that acknowledges and supports the right of individuals who receive services from the Ohio protection and advocacy system to reside in and receive services from an ICF/IID.
Last updated October 4, 2023 at 2:58 PM
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5123 | Department of Developmental Disabilities › Section 5123.602 | Compensation in Class Action Cases.

Effective:
October 1, 2012
Latest Legislation:
House Bill 153 - 129th General Assembly
If compensation for the work of attorneys employed by the Ohio protection and advocacy system or an agency or political subdivision of the state is awarded to the system in a class action lawsuit pursued by the system, the compensation shall be limited to the actual hourly rate of pay for that legal work.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5123 | Department of Developmental Disabilities › Section 5123.603 | Joint Committee to Examine Protection and Advocacy System.

Effective:
October 3, 2023
Latest Legislation:
House Bill 33 - 135th General Assembly
(A) A joint committee to examine the activities of the state's protection and advocacy system and client assistance program is hereby established.
(B) The joint committee shall consist of three members of the senate appointed by the senate president, two from the majority party and one from the minority party, and three members of the house of representatives, two from the majority party and one from the minority party, appointed by the speaker of the house of representatives. In odd-numbered years, the senate president shall designate a member of the senate as the chairperson of the committee and in even-numbered years, the speaker of the house of representatives shall designate a member of the house of representatives as the chairperson of the joint committee.
Last updated October 4, 2023 at 3:01 PM
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5123 | Department of Developmental Disabilities › Section 5123.611 | Reviewing Report of Abuse, Neglect, or a Major Unusual Incident.

Effective:
October 12, 2016
Latest Legislation:
House Bill 158 - 131st General Assembly
(A) As used in this section, " developmental disabilities employee" means all of the following:
(1) An employee of the department of developmental disabilities;
(2) An employee of a county board of developmental disabilities;
(3) An employee in a position that includes providing specialized services, as defined in section 5123.50 of the Revised Code, to an individual with a developmental disability.
(B) At the conclusion of a review of a report of abuse, neglect, or a major unusual incident that is conducted by a review committee established pursuant to section 5123.61 of the Revised Code, the committee shall issue recommendations to the department. The department shall review the committee's recommendations and issue a report of its findings. The department shall make the report available to all of the following:
(1) The individual with a developmental disability who is the subject of the report;
(2) That individual's guardian or legal counsel;
(3) The licensee, as defined in section 5123.19 of the Revised Code, of a residential facility in which the individual resides;
(4) The employer of any developmental disabilities employee who allegedly committed or was responsible for the abuse, neglect, or major unusual incident.
(C) Except as provided in this section, the department shall not disclose its report to any person or government entity that is not authorized to investigate reports of abuse, neglect, or other major unusual incidents, unless the individual with a developmental disability who is the subject of the report or the individual's guardian gives the department written consent.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5123 | Department of Developmental Disabilities › Section 5123.612 | Reporting Unusual Incidents.

Effective:
October 12, 2016
Latest Legislation:
House Bill 158 - 131st General Assembly
The director of developmental disabilities shall adopt rules in accordance with Chapter 119. of the Revised Code regarding the reporting of major unusual incidents and unusual incidents concerning persons with developmental disabilities. The rules shall specify what constitutes a major unusual incident or an unusual incident.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5123 | Department of Developmental Disabilities › Section 5123.613 | Subject of Report or Representative Has Right to Report and Related Records.

Effective:
October 6, 2009
Latest Legislation:
Senate Bill 79 - 128th General Assembly
(A) When a person who is the subject of a report under section 5123.61 of the Revised Code dies, the department of developmental disabilities or the county board of developmental disabilities, whichever is applicable, shall, on written request, provide to both of the following persons the report and any records relating to the report:
(1) If the report or records are necessary to administer the estate of the person who is the subject of the report, to the executor or administrator of the person's estate;
(2) To the guardian of the person who is the subject of the report or, if the individual had no guardian at the time of death, to a person in the first applicable of the following categories:
(a) The person's spouse;
(b) The person's children;
(c) The person's parents;
(d) The person's brothers or sisters;
(e) The person's uncles or aunts;
(f) The person's closest relative by blood or adoption;
(g) The person's closest relative by marriage.
(B) The department or county board shall provide the report and related records as required by this section not later than thirty days after receipt of the request.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5123 | Department of Developmental Disabilities › Section 5123.614 | Procedure Following Report of Major Unusual Incident.

Effective:
October 12, 2016
Latest Legislation:
House Bill 158 - 131st General Assembly
(A) Subject to division (B) of this section, on receipt of a report of a major unusual incident made pursuant to section 5123.61 or 5126.31 of the Revised Code or rules adopted under section 5123.612 of the Revised Code, the department of developmental disabilities may do either of the following:
(1) Conduct an independent review or investigation of the incident;
(2) Request that an independent review or investigation of the incident be conducted by a county board of developmental disabilities that is not implicated in the report, a regional council of government, or any other entity authorized to conduct such investigations.
(B) If a report described in division (A) of this section concerning the health or safety of a person with a developmental disability involves an allegation that an employee of a county board of developmental disabilities has created a substantial risk of serious physical harm to a person with a developmental disability, the department shall do one of the following:
(1) Conduct an independent investigation regarding the incident;
(2) Request that an independent review or investigation of the incident be conducted by a county board of developmental disabilities that is not implicated in the report, a regional council of government, or any other entity authorized to conduct such investigations.