Ohio Revised Code
Chapter 5123 | Department of Developmental Disabilities
Section 5123.601 | Access to Information by Staff and Attorneys.

Effective: October 12, 2016
Latest Legislation: House Bill 158 - 131st General Assembly
(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 business hours and at other reasonable times, all records, except records of community residential facilities and records of contract agencies of county boards of developmental disabilities and boards of alcohol, drug addiction, and mental health services, relating to expenditures of state and federal funds or to the commitment, care, treatment, and habilitation of all persons represented by the Ohio protection and advocacy system, including those who may be represented pursuant to division (D) of this section, or persons detained, hospitalized, institutionalized, or receiving services under this chapter or Chapter 340., 5119., 5122., or 5126. of the Revised Code that are records maintained by the following entities providing services for those persons: departments; institutions; hospitals; boards of alcohol, drug addiction, and mental health services; county boards of developmental disabilities; and any other entity providing services to persons who may be represented by the Ohio protection and advocacy system pursuant to division (D) of this section;
(2) Any records maintained in computerized data banks of the departments or boards or, in the case of persons who may be represented by the Ohio protection and advocacy system pursuant to division (D) of this section, any other entity that provides services to those persons;
(3) During their normal working hours, personnel of the departments, facilities, boards, agencies, institutions, hospitals, and other service-providing entities;
(4) At any time, all persons detained, hospitalized, or institutionalized; persons receiving services under this chapter or Chapter 340., 5119., 5122., or 5126. of the Revised Code; and persons who may be represented by the Ohio protection and advocacy system pursuant to division (D) of this section.
(5) Records of a community residential facility, a contract agency of a board of alcohol, drug addiction, and mental health services, or a contract agency of a county board of developmental disabilities with one of the following consents:
(a) The consent of the person, including when the person is a minor or has been adjudicated incompetent;
(b) The consent of the person's guardian of the person, if any, or the parent if the person is a minor;
(c) No consent, if the person is unable to consent for any reason, and the guardian of the person, if any, or the parent of the minor, has refused to consent or has not responded to a request for consent and either of the following has occurred:
(i) A complaint regarding the person has been received by the Ohio protection and advocacy system;
(ii) The Ohio protection and advocacy system has determined that there is probable cause to believe that such person has been subjected to abuse or neglect.
(B) All records received or maintained by the Ohio protection and advocacy system in connection with any investigation, representation, or other activity under this section shall be confidential and shall not be disclosed except as authorized by the person represented by the Ohio protection and advocacy system or, subject to any privilege, a guardian of the person or parent of the minor. Relationships between personnel and the agents of the Ohio protection and advocacy system and its clients shall be fiduciary relationships, and all communications shall be privileged as if between attorney and client.
(C) The Ohio protection and advocacy system may compel by subpoena the appearance and sworn testimony of any person the Ohio protection and advocacy system reasonably believes may be able to provide information or to produce any documents, books, records, papers, or other information necessary to carry out its duties. On the refusal of any person to produce or authenticate any requested documents, the Ohio protection and advocacy system may apply to the Franklin county court of common pleas to compel the production or authentication of requested documents. If the court finds that failure to produce or authenticate any requested documents was improper, the court may hold the person in contempt as in the case of disobedience of the requirements of a subpoena issued from the court, or a refusal to testify in the court.
(D) In addition to providing services to persons with mental illness or persons with developmental disabilities, when a grant authorizing the provision of services to other individuals is accepted by the Ohio protection and advocacy system, the Ohio protection and advocacy system may provide advocacy to those other individuals and exercise any other authority granted by this section on behalf of those individuals. Determinations of whether an individual is eligible for services under this division shall be made by the Ohio protection and advocacy system.

Structure Ohio Revised Code

Ohio Revised Code

Title 51 | Public Welfare

Chapter 5123 | Department of Developmental Disabilities

Section 5123.01 | Department of Developmental Disabilities Definitions.

Section 5123.011 | Adoption of Rules.

Section 5123.012 | Eligibility Determinations.

Section 5123.013 | Application of Chapter.

Section 5123.014 | Reference to Department or Director and Other Terms.

Section 5123.02 | Duties of Department.

Section 5123.021 | Determining Need for Nursing Facility Care.

Section 5123.022 | State Policy Regarding Community Employment for Individuals With Developmental Disabilities.

Section 5123.023 | Employment First Task Force.

Section 5123.024 | Implementation of Early Intervention Services Program.

Section 5123.025 | Technology First Policy.

Section 5123.026 | Technology First Task Force.

Section 5123.03 | Management of Institutions and Facilities.

Section 5123.031 | Nonpartisan Management.

Section 5123.032 | Closure of a Developmental Center.

Section 5123.033 | Department Program Fee Fund.

Section 5123.034 | Developmental Centers Services and Cost Recovery.

Section 5123.04 | Director of Department - Powers and Duties.

Section 5123.042 | Plans for Development or Modification of Residential Services; Rules.

Section 5123.043 | Complaint Resolution.

Section 5123.044 | Determination of Violation of Rights; Assistance to Individuals.

Section 5123.045 | Certification and Licensing of Providers.

Section 5123.047 | Department Payment of Nonfederal Share of Certain Expenditures.

Section 5123.048 | Payment of Nonfederal Share of County Medicaid Expenditures.

Section 5123.049 | Rules Governing the Authorization and Payment of Home and Community-Based Services, Medicaid Case Management Services, and Habilitation Center Services.

Section 5123.0410 | Individual Receiving Services Moving to New County.

Section 5123.0411 | Mandamus.

Section 5123.0412 | Oddd Administration and Oversight Fund.

Section 5123.0413 | Rules to Applicable in Event County Tax Levy for Services for Individuals With Developmental Disabilities Fails.

Section 5123.0414 | Methods of Notice by Department.

Section 5123.0415 | Notification of Change of Address.

Section 5123.0416 | Expenditure and Allocation of Appropriated Fees.

Section 5123.0417 | Programs for Person Under 22 With Intensive Behavioral Needs.

Section 5123.0418 | Additional Uses of Funds.

Section 5123.0419 | Interagency Workgroup on Autism.

Section 5123.0420 | Training and Certification Program for Individuals Who Provide Evidence-Based Interventions to Individuals With an Autism Spectrum Disorder.

Section 5123.0421 | Rules to Implement Part C Early Intervention Services Program.

Section 5123.0422 | Early Intervention Services Advisory Council.

Section 5123.0423 | Request for Student Data Verification Code.

Section 5123.0424 | Reimbursement of Travel Expenses of Official Members of Workgroups.

Section 5123.05 | Audits of Services and Programs.

Section 5123.051 | Payment Agreements With Providers.

Section 5123.06 | Divisions of Department.

Section 5123.07 | Bureau of Research - Duties.

Section 5123.08 | Classified and Unclassified Appointments.

Section 5123.081 | Criminal Records Check.

Section 5123.09 | Managing Officer of Institution - Powers and Duties.

Section 5123.091 | Changing Purpose and Use of Institutions.

Section 5123.092 | Citizen's Advisory Council.

Section 5123.093 | Duties of Citizen's Advisory Council.

Section 5123.10 | Bond of Employees.

Section 5123.11 | Residency Medical and Psychological Training Programs.

Section 5123.12 | Residency Training Programs for Students Enrolled in Appropriate Care Programs.

Section 5123.122 | Support Rate.

Section 5123.13 | Special Police Officers.

Section 5123.14 | Investigations.

Section 5123.15 | Appointing Special Agents and Persons.

Section 5123.16 | Valid Supported Living Certificate Required.

Section 5123.161 | Application for Supported Living Certificate.

Section 5123.162 | Applicant Survey to Determine if Standards Met.

Section 5123.163 | Term of Supported Living Certificate.

Section 5123.164 | Renewal of Supported Living Certificate.

Section 5123.165 | Provision of Supported Living and Residence.

Section 5123.166 | Adjudication Order Against Certificate Applicant or Holder.

Section 5123.167 | Reapplication After Negative Adjudication on Certificate.

Section 5123.168 | Termination of Certificate for Failure to Bill for Services.

Section 5123.169 | Issuance of Supported Living Certificate.

Section 5123.1610 | Termination or Refusal of Provider Agreement for Supported Living.

Section 5123.1611 | Rules Governing Supported Living Program.

Section 5123.1612 | Summary Order Suspending Supported Living Certificate Holder's Authority to Provide Supported Living.

Section 5123.17 | Care Outside Institution.

Section 5123.171 | Respite Care Services.

Section 5123.18 | Contracts With Person or Agency to Provide Services.

Section 5123.19 | Operation of Residential Facilities.

Section 5123.191 | Appointing Receiver to Operate Residential Facility.

Section 5123.192 | Licensing for Icf/iid After 7/1/2013.

Section 5123.193 | Searchable Database of Vacancies in Licensed Residential Facilities.

Section 5123.194 | Waiving Support Collection Requirements to Facilitate Independent Living.

Section 5123.195 | Reporting Implementation of Amendments to Statute.

Section 5123.196 | Maximum Number of Beds.

Section 5123.197 | Initial Residential Facility License or Modification of Existing Facility License Not Required in Certain Instances.

Section 5123.198 | Reduction in Number of Residents.

Section 5123.20 | Prohibiting Operation Without License.

Section 5123.21 | Transfers.

Section 5123.22 | Appropriating Property.

Section 5123.221 | Cultivating Land - Purchases From Other Institutions.

Section 5123.24 | Businesses Located Near Institutions.

Section 5123.25 | Purchasing Supplies.

Section 5123.26 | Funds.

Section 5123.27 | Holding Property in Trust.

Section 5123.28 | Handling Funds Belonging to Residents.

Section 5123.29 | Industrial and Entertainment Fund - Commissary Fund.

Section 5123.30 | Books and Accounts.

Section 5123.31 | Confidentiality.

Section 5123.33 | Annual Report.

Section 5123.34 | Liberal Construction of Chapter.

Section 5123.35 | Ohio Developmental Disabilities Council.

Section 5123.351 | Eligibility for State Reimbursement of Expenses Incurred by Facilities and Programs.

Section 5123.352 | Community Developmental Disabilities Trust Fund.

Section 5123.36 | State Participation in Developmental Disability Construction Programs.

Section 5123.37 | Application to Sell Facility and Acquire Replacement.

Section 5123.371 | Payment to Director After Sale of Facility.

Section 5123.372 | Deadline for Acquisition of Replacement Facility.

Section 5123.373 | Agreement to Pay Percentage of Cost of Acquisition.

Section 5123.374 | Rescission of Approval of Application.

Section 5123.375 | Developmental Disabilities Community Capital Replacement Fund.

Section 5123.376 | Changing Terms of Agreement Regarding Construction, Acquisition, or Renovation of Residential Facility.

Section 5123.377 | Authority to Change Terms of Agreement Regarding the Construction, Acquisition, or Renovation of Community Adult Facility.

Section 5123.378 | Authority to Change Terms of Agreement Regarding the Construction, Acquisition, or Renovation of Community Early Childhood Facility.

Section 5123.38 | Effect of Transfer From Supported Services to Commitment to Icf/iid.

Section 5123.39 | Patient Clothing.

Section 5123.40 | Services Fund for Individuals With Developmental Disabilities.

Section 5123.41 | Administration of Prescribed Medications, Performance of Health-Related Activities, Tube Feeding Definitions.

Section 5123.42 | Authorization for Workers to Administer Prescribed Medications, Perform Health-Related Activities, or Perform Tube Feedings.

Section 5123.421 | Complaints and Investigations.

Section 5123.422 | Immunity.

Section 5123.43 | Training Courses for Administration of Prescribed Medications and Performance of Health-Related Activities.

Section 5123.44 | Training Registered Nurses to Provide Training Courses for Department Personnel.

Section 5123.441 | Certificates to Provide Training Courses.

Section 5123.45 | Program for Issuing of Certificates.

Section 5123.451 | Registry Listing Personnel and Registered Nurses Holding Valid Certificates.

Section 5123.452 | Adjudication Orders.

Section 5123.46 | Rules Adopted in Conjunction With Board of Nursing and the Ohio Nurses Association.

Section 5123.47 | Authorizing In-Home Worker to Perform Health Care Tasks.

Section 5123.50 | Registry of Employees Guilty of Abuse, Neglect or Misappropriation Definitions.

Section 5123.51 | Reviewing Report of Abuse, Neglect or Misappropriation.

Section 5123.52 | Registry of Employees Guilty of Abuse, Neglect or Misappropriation.

Section 5123.53 | Petitioning for Removal From Registry.

Section 5123.54 | Rehabilitation Standard Rules.

Section 5123.541 | Employees Engaging in Sexual Conduct or Contact With Individual Under Department Care.

Section 5123.542 | Notice Explaining Prohibited Conduct.

Section 5123.55 | Protective Services Definitions.

Section 5123.56 | Statewide System of Protective Service.

Section 5123.57 | Evaluation Before Guardianship or Trusteeship Begins.

Section 5123.58 | Nomination of Protective Services Agency as Guardian, Trustee or Protector.

Section 5123.59 | Bond.

Section 5123.60 | Ohio Protection and Advocacy System.

Section 5123.601 | Access to Information by Staff and Attorneys.

Section 5123.602 | Compensation in Class Action Cases.

Section 5123.603 | Joint Committee to Examine Protection and Advocacy System.

Section 5123.61 | Reporting Abuse, Neglect, and Other Major Unusual Incidents.

Section 5123.611 | Reviewing Report of Abuse, Neglect, or a Major Unusual Incident.

Section 5123.612 | Reporting Unusual Incidents.

Section 5123.613 | Subject of Report or Representative Has Right to Report and Related Records.

Section 5123.614 | Procedure Following Report of Major Unusual Incident.

Section 5123.62 | Rights of Persons With a Developmental Disability.

Section 5123.621 | Legislative Intent Regarding Adult Day Services.

Section 5123.63 | Distributing Copies of Rights.

Section 5123.64 | Enforcement Duties.

Section 5123.65 | Self-Administration of Medication.

Section 5123.651 | Assistance in Self-Administration of Prescribed Medication.

Section 5123.67 | Liberal Construction of Chapter.

Section 5123.69 | Voluntary Admission.

Section 5123.691 | Admission to Specialized Treatment Unit for Minors.

Section 5123.70 | Requesting Release of Voluntary Resident.

Section 5123.701 | Application for Short-Term Care.

Section 5123.71 | Affidavit for Involuntary Institutionalization.

Section 5123.711 | Assessment of Individual's Needs.

Section 5123.72 | Presentation of Case for State.

Section 5123.73 | Notice of Hearing.

Section 5123.74 | Emergency Institutionalization by Probate Court.

Section 5123.75 | Probable Cause Hearing.

Section 5123.76 | Full Hearing.

Section 5123.77 | Temporary Holding.

Section 5123.79 | Discharging Involuntary Resident.

Section 5123.80 | Trial Visits.

Section 5123.801 | Expenses of Trial Visit or Discharge.

Section 5123.81 | Involuntarily Committed Resident Absent Without Leave.

Section 5123.811 | Reporting Change of Location, Death or Condition of Resident.

Section 5123.82 | Application for Habilitation and Care of Discharged Resident.

Section 5123.83 | Civil and Public or Private Employment Rights.

Section 5123.84 | Free Communication With Others by Residents.

Section 5123.85 | Habilitation Plan.

Section 5123.851 | Procedure Upon Discharge.

Section 5123.86 | Consent for Medical Treatment.

Section 5123.87 | Labor or Tasks Performed by Residents.

Section 5123.88 | Writ of Habeas Corpus.

Section 5123.89 | Confidentiality.

Section 5123.90 | Attorney General Duties.

Section 5123.91 | Immunity.

Section 5123.92 | Venue.

Section 5123.93 | Guardianship of Minor.

Section 5123.95 | Transmission of Court Papers.

Section 5123.96 | Payment of Costs, Fees, and Expenses of Proceedings.

Section 5123.97 | Record of Probate Judge.

Section 5123.99 | Penalty.