Ohio § 5123.70 Requesting release of voluntary resident

Ohio Statutes

§ 5123.70 — Requesting release of voluntary resident

Ohio § 5123.70

Title 51Public Welfare

Ch. 5123Department of Developmental Disabilities

This text of Ohio § 5123.70 (Requesting release of voluntary resident) is published on Counsel Stack Legal Research, covering Ohio primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ohio Rev. Code Ann. § 5123.70 (2026).

Text

(A)A resident admitted pursuant to section5123.69of 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 admitted on his own application and the request for release is made by a person other than the resident, release may be made conditional upon the agreement of the resident thereto if his continued institutionalization is supported by his most recent comprehensive evaluation;

(2)If, within three court days from the receipt of the request for release, the managing officer files an affidavit or causes an affidavit to be filed under section5123.71of the Revised Code with the probate division of the court of common pleas of

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(A) A resident admitted pursuant to section5123.69of 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 admitted on his own application and the request for release is made by a person other than the resident, release may be made conditional upon the agreement of the resident thereto if his continued institutionalization is supported by his most recent comprehensive evaluation;

(2) If, within three court days from the receipt of the request for release, the managing officer files an affidavit or causes an affidavit to be filed under section5123.71of the Revised Code with the probate division of the court of common pleas of the county where the resident has his residence or where he is institutionalized, release may be postponed until a hearing can be held pursuant to section5123.76of the Revised Code. In such case, the request for release shall substitute for the request for a probable cause hearing under section5123.75of the Revised Code.

A telephone communication to the probate division from the managing officer of the institution or his designee indicating that the required affidavit has been mailed by certified mail shall be sufficient compliance with division (A)(2) of this section.

(B) Judicial proceedings for institutionalization shall not be commenced with respect to a voluntary resident except pursuant to division (A)(2) of this section.

(C) Sections5121.01to5121.10of the Revised Code shall apply to the persons received in a public institution on a voluntary application.

(D) The managing officer shall inform residents, parents, guardians, and custodians of the right to release as provided in this section and shall assist residents in making and presenting requests for release.