Ohio Code 5123.691 – Admission to specialized treatment unit for minors
(A) As used in this section, “mental illness” has the same meaning as in section 5122.01 of the Revised Code.
Terms Used In Ohio Code 5123.691
- Chief program director: means a person with special training and experience in the diagnosis and management of persons with developmental disabilities, certified according to division (C) of this section in at least one of the designated fields, and appointed by the managing officer of an institution for persons with intellectual disabilities with the approval of the director to provide habilitation and care for residents of the institution. See Ohio Code 5123.01
- 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
(B) The managing officer of an institution, with the concurrence of the chief program director, may admit into a specialized treatment unit for minors a minor ages ten to seventeen who is in behavior crisis and has serious behavioral challenges if one of the following applies:
(1) The minor has an intellectual disability.
(2) The minor has autism spectrum disorder.
(3) The minor has a dual diagnosis of an intellectual disability and mental illness.
(4) The minor has a dual diagnosis of autism spectrum disorder and mental illness.
(C)(1) The admission of a minor into a specialized treatment unit shall be based upon the availability of beds at the institution and the clinical treatment needs of the minor.
(2) The department of developmental disabilities may establish other criteria for admitting a minor into a specialized treatment unit.
(D) Before a minor may be admitted into a specialized treatment unit, the minor’s parent or legal guardian, the county board of developmental disabilities, and the department shall enter into a memorandum of understanding setting forth the roles and responsibilities of each of the parties regarding the care and treatment of the minor and specifying the duration of admission in the specialized treatment unit.
(E)(1) The initial duration of admission for a minor in a specialized treatment unit shall not exceed one hundred eighty days.
(2) The parent or legal guardian of a minor may petition the department to extend the duration of a minor’s admission in a specialized treatment unit at least thirty days before the expiration of the minor’s term of admission in the specialized treatment unit. The department, in its discretion, may grant or deny a petition for extended admission, but may not extend a minor’s duration of admission in a specialized treatment unit beyond one year.
(3) Upon the expiration of a minor’s term of admission in a specialized treatment unit, the minor shall be returned to the care of the minor’s parent or legal guardian.
(F) The managing officer of an institution may discharge a minor from a specialized treatment unit in accordance with division (C) of section 5123.69 of the Revised Code. The uniform procedures of discharge established by rules adopted under division (G)(7) of section 5123.19 of the Revised Code shall not apply to the discharge of a minor from a specialized treatment unit.