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Ohio Revised Code

Ohio Rev. Code § 5123.04 (2026)

Director of department - powers and duties

✓ 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 director of developmental disabilities is the executive head of the department of developmental disabilities. All duties conferred on the department and its institutions by law or by order of the director shall be performed under such rules as the director prescribes, and shall be under the director's control. The director shall establish bylaws for the government of all institutions under the jurisdiction of the department. Except as otherwise is provided as to appointments by chiefs of divisions, the director shall appoint such employees as are necessary for the efficient conduct of the department, and shall prescribe their titles and duties. If the director is not a licensed physician, decisions relating to medical diagnosis and treatment shall be the responsibility of a licensed physician appointed by the director.

(B) The director shall adopt rules for the proper execution of the powers and duties of the department.

(C) The director shall adopt rules establishing standards that programs and facilities for persons with intellectual disabilities shall follow when performing evaluations of the mental condition of defendants ordered by the court under section 2919.271 or 2945.371 of the Revised Code, and for the treatment of defendants who have been found incompetent to stand trial under section 2945.38 of the Revised Code, and certify the compliance of such programs and facilities with the standards.

(D) On behalf of the department, the director has the authority to, and responsibility for, entering into contracts and other agreements.

(E) The director shall adopt rules in accordance with Chapter 119. of the Revised Code that do all of the following:

(1) Specify the supplemental services that may be provided through a trust authorized by section 5815.28 of the Revised Code;

(2) Establish standards for the maintenance and distribution to a beneficiary of assets of a trust authorized by section 5815.28 of the Revised Code.

(F) The director shall provide monitoring of county boards of developmental disabilities.

Last updated January 1, 2025 at 4:58 AM

Notes of Decisions
Cited in 4 cases (1 in the last 5 years), 1987–2021 · leading case: Gyugo v. Franklin Cty. Bd. of Dev. Disabilities, 2016 Ohio 823 (Ohio Ct. App. 2016).
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Gyugo v. Franklin Cty. Bd. of Dev. Disabilities, 2016 Ohio 823 (Ohio Ct. App. 2016). · cites it 4× “{¶ 24} R.C. 5123.04(B) and 5123.1610(C) and (J) empower FCBDD to adopt appropriate rules, while R.”
Martin v. Voinovich, 840 F. Supp. 1175 (S.D. Ohio 1993). · cites it 2× “Ohio Rev.Code § 5123.04(I)(2). Pursuant to Ohio Rev.”
Nicoletti v. Brown, 740 F. Supp. 1268 (N.D. Ohio 1987). · cites it 2× “Defendant Robert Brown, Director of the ODMRDD, derives his authority from Ohio Rev. Code Ann. § 5123.04 . Included in his duties are the adoption of rules for the proper execution of the duties of the ODMRDD and the appointment of employees.”
McNelly v. Conde, 2021 Ohio 146 (Ohio Ct. App. 2021). “{¶ 26} The obligations imposed by R.C. 5123.04(A)(2) “are incorporated by operation of law into a rental agreement.”
— Ohio Rev. Code § 5123.04(A)(2) — 1 case
McNelly v. Conde, 2021 Ohio 146 (Ohio Ct. App. 2021). “{¶ 26} The obligations imposed by R.C. 5123.04(A)(2) “are incorporated by operation of law into a rental agreement.”
— Ohio Rev. Code § 5123.04(B) — 1 case
Gyugo v. Franklin Cty. Bd. of Dev. Disabilities, 2016 Ohio 823 (Ohio Ct. App. 2016). “{¶ 24} R.C. 5123.04(B) and 5123.1610(C) and (J) empower FCBDD to adopt appropriate rules, while R.”
— Ohio Rev. Code § 5123.04(I)(2) — 1 case
Martin v. Voinovich, 840 F. Supp. 1175 (S.D. Ohio 1993). “Ohio Rev.Code § 5123.04(I)(2). Pursuant to Ohio Rev.”
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