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Ohio Statutes, Title 51

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Ohio/Statutes

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Title 51, Public Welfare

31 chapters · 2,012 sections in this title.

All chapters in Title 512,012 Ch 5123, Department of Developmental Disabilities182 Ch 5101, Department of Job and Family Service…145 Ch 5119, Department of Behavioral Health121 Ch 5120, Department of Rehabilitation and Cor…121 Ch 5165, Medicaid Coverage of Nursing Facilit…116 Ch 5103, Placement of Children113 Ch 5164, Medicaid State Plan Services113 Ch 5126, County Boards of Developmental Disab…111 Ch 5180, Department of Children and Youth94 Ch 5124, Intermediate Care Facility for Indiv…80 Ch 5153, County Children Services72 Ch 5104, Child Day-care69 Ch 5162, Medicaid and Medicaid Funds67 Ch 5168, Hospital Care Assurance Program; Hea…66

2,012 sections·Filtered byTitle 51✕

Ohio Rev. Code Ann. § 5123.56 Statewide system of protective service
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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 …
Ohio Rev. Code Ann. § 5123.57 Evaluation before guardianship or trusteeship begins
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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…
Ohio Rev. Code Ann. § 5123.58 Nomination of protective services agency as guardian, trustee or protector
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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: (…
Ohio Rev. Code Ann. § 5123.59 Bond

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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 fu…

Ohio Rev. Code Ann. § 5123.60 Ohio protection and advocacy system

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(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 sys…

Ohio Rev. Code Ann. § 5123.601 Access to information by staff and attorneys

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(A) The Ohio protection and advocacy system staff, and attorneys designated by the system to represent persons detained, hospitalized, or institutionalized under this chapter or Chapter 5122. of the Revised Code shall have ready access to all of the following: (1) During normal b…

Ohio Rev. Code Ann. § 5123.602 Compensation in class action cases

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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 o…

Ohio Rev. Code Ann. § 5123.603 Joint committee to examine protection and advocacy system

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(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 a…

Ohio Rev. Code Ann. § 5123.61 Reporting abuse, neglect, and other major unusual incidents

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(A) As used in this section: (1) "Law enforcement agency" means the state highway patrol, the police department of a municipal corporation, or a county sheriff. (2) "Abuse" has the same meaning as in section 5123.50 of the Revised Code, except that it includes a misappropriation,…

Ohio Rev. Code Ann. § 5123.611 Reviewing report of abuse, neglect, or a major unusual incident

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(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 …

Ohio Rev. Code Ann. § 5123.612 Reporting unusual incidents

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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…

Ohio Rev. Code Ann. § 5123.613 Subject of report or representative has right to report and related records

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(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 pe…

Ohio Rev. Code Ann. § 5123.614 Procedure following report of major unusual incident

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(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 …

Ohio Rev. Code Ann. § 5123.62 Rights of persons with a developmental disability

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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 sanita…

Ohio Rev. Code Ann. § 5123.621 Legislative intent regarding adult day services

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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…

Ohio Rev. Code Ann. § 5123.63 Distributing copies of rights

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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…

Ohio Rev. Code Ann. § 5123.64 Enforcement duties

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(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 …

Ohio Rev. Code Ann. § 5123.65 Self-administration of medication

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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 a…

Ohio Rev. Code Ann. § 5123.651 Assistance in self-administration of prescribed medication

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(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 t…

Ohio Rev. Code Ann. § 5123.67 Liberal construction of chapter

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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 ea…

Ohio Rev. Code Ann. § 5123.69 Voluntary admission

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(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. Exc…

Ohio Rev. Code Ann. § 5123.691 Admission to specialized treatment unit for minors

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(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…

Ohio Rev. Code Ann. § 5123.70 Requesting release of voluntary resident

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(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 admitt…

Ohio Rev. Code Ann. § 5123.701 Application for short-term care

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(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 tempora…

Ohio Rev. Code Ann. § 5123.71 Affidavit for involuntary institutionalization

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(A)(1) Proceedings for the involuntary institutionalization of a person pursuant to sections 5123.71 to 5123.76 of the Revised Code shall be commenced by the filing of an affidavit with the probate division of the court of common pleas of the county where the person resides or wh…

Ohio Rev. Code Ann. § 5123.711 Assessment of individual's needs

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(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 ind…

Ohio Rev. Code Ann. § 5123.72 Presentation of case for state

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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 ot…

Ohio Rev. Code Ann. § 5123.73 Notice of hearing

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(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, …

Ohio Rev. Code Ann. § 5123.74 Emergency institutionalization by probate court

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(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 …

Ohio Rev. Code Ann. § 5123.75 Probable cause hearing

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A respondent who is involuntarily placed in an institution or other place as designated in section 5123.77 of the Revised Code or with respect to whom proceedings have been instituted under section 5123.71 of the Revised Code shall, on request of the respondent, the respondent's …

Ohio Rev. Code Ann. § 5123.76 Full hearing

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(A) The full hearing shall be conducted in a manner consistent with the procedures outlined in this chapter and with due process of law. The hearing shall be held by a judge of the probate division or, upon transfer by the judge of the probate division, by another judge of the co…

Ohio Rev. Code Ann. § 5123.77 Temporary holding

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(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…

Ohio Rev. Code Ann. § 5123.79 Discharging involuntary resident

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(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, shal…

Ohio Rev. Code Ann. § 5123.80 Trial visits

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(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 peri…

Ohio Rev. Code Ann. § 5123.801 Expenses of trial visit or discharge

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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 o…

Ohio Rev. Code Ann. § 5123.81 Involuntarily committed resident absent without leave

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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, o…

Ohio Rev. Code Ann. § 5123.811 Reporting change of location, death or condition of resident

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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…

Ohio Rev. Code Ann. § 5123.82 Application for habilitation and care of discharged resident

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(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 th…

Ohio Rev. Code Ann. § 5123.83 Civil and public or private employment rights

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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 t…

Ohio Rev. Code Ann. § 5123.84 Free communication with others by residents

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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…

Ohio Rev. Code Ann. § 5123.85 Habilitation plan

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(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 habil…

Ohio Rev. Code Ann. § 5123.851 Procedure upon discharge

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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 sec…

Ohio Rev. Code Ann. § 5123.86 Consent for medical treatment

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(A) Except as provided in divisions (C), (D), and (E) of this section, the chief medical officer shall provide all information, including expected physical and medical consequences, necessary to enable any resident of an institution for persons with i ntellectual disabilities to …

Ohio Rev. Code Ann. § 5123.87 Labor or tasks performed by residents

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(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 rel…

Ohio Rev. Code Ann. § 5123.88 Writ of habeas corpus

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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 f…

Ohio Rev. Code Ann. § 5123.89 Confidentiality

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(A) As used in this section: (1) "Family" means a parent, brother, sister, spouse, son, daughter, grandparent, aunt, uncle, or cousin. (2) "Payment" means activities undertaken by a service provider or government entity to obtain or provide reimbursement for services provided to …

Ohio Rev. Code Ann. § 5123.90 Attorney general duties

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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 shal…

Ohio Rev. Code Ann. § 5123.91 Immunity

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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 pers…

Ohio Rev. Code Ann. § 5123.92 Venue

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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 …

Ohio Rev. Code Ann. § 5123.93 Guardianship of minor

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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 term…