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.

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Terms Used In Ohio Code 5123.93

  • Child: includes child by adoption. See Ohio Code 1.59
  • Court: means the probate division of the court of common pleas. See Ohio Code 5123.01
  • Dependent: A person dependent for support upon another.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • 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
  • Intellectual disability: means a disability characterized by having significantly subaverage general intellectual functioning existing concurrently with deficiencies in adaptive behavior, manifested during the developmental period. See Ohio Code 5123.01
  • Managing officer: means a person who is appointed by the director of developmental disabilities to be in executive control of an institution under the jurisdiction of the department of developmental disabilities. See Ohio Code 5123.01
  • Person: includes an individual, corporation, business trust, estate, trust, partnership, and association. See Ohio Code 1.59

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