Ohio Code 5123.03 – Management of institutions and facilities
(A) The department of developmental disabilities shall do all of the following:
Terms Used In Ohio Code 5123.03
- Court: means the probate division of the court of common pleas. See Ohio Code 5123.01
- Habilitation: means the process by which the staff of the institution assists the resident in acquiring and maintaining those life skills that enable the resident to cope more effectively with the demands of the resident's own person and of the resident's environment and in raising the level of the resident's physical, mental, social, and vocational efficiency. See Ohio Code 5123.01
- Institution: means a public or private facility, or a part of a public or private facility, that is licensed by the appropriate state department and is equipped to provide residential habilitation, care, and treatment for persons with intellectual disabilities. See Ohio Code 5123.01
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: includes an individual, corporation, business trust, estate, trust, partnership, and association. See Ohio Code 1.59
- state: means the state of Ohio. See Ohio Code 1.59
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(1) Maintain, operate, manage, and govern all state institutions for the care, treatment, and training of persons with i ntellectual disabilities;
(2) Designate all such institutions by appropriate names;
(3) Provide and designate facilities for the custody, care, and special treatment of persons of the following classes:
(a) Dangerous persons in state institutions for persons with i ntellectual disabilities who represent a serious threat to the safety of the other patients of the institution;
(b) Persons charged with crimes who are found incompetent to stand trial or not guilty by reason of insanity and who are also persons with intellectual disabilities subject to institutionalization by court order.
(4) Have control of all institutions maintained in part by the state for the care, treatment, and training of persons with i ntellectual disabilities;
(5) Administer the laws relative to persons in such institutions in an efficient, economical, and humane manner;
(6) Ascertain by actual examinations and inquiry whether institutionalizations are made according to law.
(B) The department may do any of the following:
(1) Subject to section 5139.08 of the Revised Code, receive from the department of youth services for observation, diagnosis, care, habilitation, or placement any children in the custody of the department of youth services;
(2) Receive for observation any minor from a public institution other than an institution under the jurisdiction of the department of developmental disabilities, from a private charitable institution, or from a person having legal custody of such a minor, upon such terms as are proper;
(3) Receive from the department of mental health and addiction services any patient in the custody of the department who is transferred to the department of developmental disabilities upon such terms and conditions as may be agreed upon by the two departments.
(C) In addition to the powers and duties expressly conferred by this section, the department may take any other action necessary for the full and efficient executive, administrative, and fiscal supervision of the state institutions described in this section.