Ohio § 5123.79 Discharging involuntary resident

Ohio Statutes

§ 5123.79 — Discharging involuntary resident

Ohio § 5123.79

Title 51Public Welfare

Ch. 5123Department of Developmental Disabilities

This text of Ohio § 5123.79 (Discharging involuntary 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. § 5123.79 (2026).

Text

(A)Notwithstanding a finding pursuant to section5123.76of 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, shall, except as provided in division (C) of this section, grant a discharge without the consent or the authorization of any court upon a determination that institutionalization no longer is appropriate. Upon the discharge, the managing officer of the institution shall notify the probate division of the court of common pleas that made the involuntary commitment.

(B)Upon the request of the director of a private institution, program, facility, or person having custody of a resident institutionalized pursuant to section5

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(A) Notwithstanding a finding pursuant to section5123.76of 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, shall, except as provided in division (C) of this section, grant a discharge without the consent or the authorization of any court upon a determination that institutionalization no longer is appropriate. Upon the discharge, the managing officer of the institution shall notify the probate division of the court of common pleas that made the involuntary commitment.

(B) Upon the request of the director of a private institution, program, facility, or person having custody of a resident institutionalized pursuant to section5123.76of the Revised Code, or on the order of the probate division of the court of common pleas, the resident may be called for a rehearing to determine the advisability of continued institutionalization at a place within the county of resident's residence or the county where the resident is institutionalized as the probate division designates. The hearing shall be held pursuant to section5123.76of the Revised Code.