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Ohio Revised Code

Ohio Rev. Code § 5123.03 (2026)

Management of institutions and facilities

✓ current as of May 2026
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Effective:
October 12, 2016
Latest Legislation:
House Bill 158 - 131st General Assembly
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(A) The department of developmental disabilities shall do all of the following:

(1) Maintain, operate, manage, and govern all state institutions for the care, treatment, and training of persons with intellectual 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 intellectual 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 intellectual 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.

Last updated October 17, 2025 at 4:25 PM

Notes of Decisions
Cited in 6 cases, 1959–2008 · leading case: Ohioans for Concealed Carry, Inc. v. City of Clyde, 896 N.E.2d 967 (Ohio 2008).
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Ohioans for Concealed Carry, Inc. v. City of Clyde, 896 N.E.2d 967 (Ohio 2008). · cites it 2× “02 of the Revised Code or division (A)(1) of section 5123.03 of the Revised Code; {¶ 7} “(2) A school safety zone, in violation of section 2923.”
Martin v. Voinovich, 840 F. Supp. 1175 (S.D. Ohio 1993). · cites it 2× “Ohio Rev. Code § 5123.03. These developmental centers are licensed by the ODMR/DD and receive Medicaid funds under Title XIX of the Social Security Act.”
Nicoletti v. Brown, 740 F. Supp. 1268 (N.D. Ohio 1987). · cites it 5× “Ohio Rev.Code Ann. § 5123.03 states that "The department shall: (A) Maintain, operate, manage, and govern all state institutions for the care, treatment, and training of the mentally retarded____” Additionally, the ODMRDD is given powers not expressly enumerated in the statutes…”
City of Toledo v. Beatty, 863 N.E.2d 1051 (Ohio Ct. App. 2006). · cites it 2× “02 of the Revised Code or division (A)(1) of section 5123.03 of the Revised Code; {¶ 5} “(2) A school safety zone, in violation of section 2923.”
Bartlett v. Duty, 174 F. Supp. 94 (N.D. Ohio 1959). “Code, § 5123.03 and § 5123.19. The members of the hospital staff are likewise required to perform their respective duties.”
In Re Blackman, 627 N.E.2d 1049 (Ohio Ct. App. 1993). “at 1284 , citing R.C. 5123.03. MRDD is required by R.C. 5123.”
— Ohio Rev. Code § 5123.03(H) — 1 case
Nicoletti v. Brown, 740 F. Supp. 1268 (N.D. Ohio 1987). “Ohio Rev.Code Ann. § 5123.03 states that "The department shall: (A) Maintain, operate, manage, and govern all state institutions for the care, treatment, and training of the mentally retarded____” Additionally, the ODMRDD is given powers not expressly enumerated in the statutes…”
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