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Ohio Revised Code

Ohio Rev. Code § 5123.62 (2026)

Rights of persons with a developmental disability

✓ current as of May 2026
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Effective:
October 12, 2016
Latest Legislation:
House Bill 158 - 131st General Assembly
PDF:
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The rights of persons with developmental disabilities include, but are not limited to, the following:

(A) The right to be treated at all times with courtesy and respect and with full recognition of their dignity and individuality;

(B) The right to an appropriate, safe, and sanitary living environment that complies with local, state, and federal standards and recognizes the persons' need for privacy and independence;

(C) The right to food adequate to meet accepted standards of nutrition;

(D) The right to practice the religion of their choice or to abstain from the practice of religion;

(E) The right of timely access to appropriate medical or dental treatment;

(F) The right of access to necessary ancillary services, including, but not limited to, occupational therapy, physical therapy, speech therapy, and behavior modification and other psychological services;

(G) The right to receive appropriate care and treatment in the least intrusive manner;

(H) The right to privacy, including both periods of privacy and places of privacy;

(I) The right to communicate freely with persons of their choice in any reasonable manner they choose;

(J) The right to ownership and use of personal possessions so as to maintain individuality and personal dignity;

(K) The right to social interaction with members of either sex;

(L) The right of access to opportunities that enable individuals to develop their full human potential;

(M) The right to pursue vocational opportunities that will promote and enhance economic independence;

(N) The right to be treated equally as citizens under the law;

(O) The right to be free from emotional, psychological, and physical abuse;

(P) The right to participate in appropriate programs of education, training, social development, and habilitation and in programs of reasonable recreation;

(Q) The right to participate in decisions that affect their lives;

(R) The right to select a parent or advocate to act on their behalf;

(S) The right to manage their personal financial affairs, based on individual ability to do so;

(T) The right to confidential treatment of all information in their personal and medical records, except to the extent that disclosure or release of records is permitted under sections 5123.89 and 5126.044 of the Revised Code;

(U) The right to voice grievances and recommend changes in policies and services without restraint, interference, coercion, discrimination, or reprisal;

(V) The right to be free from unnecessary chemical or physical restraints;

(W) The right to participate in the political process;

(X) The right to refuse to participate in medical, psychological, or other research or experiments.
Notes of Decisions
Cited in 21 cases (4 in the last 5 years), 1987–2026 · leading case: Lawson v. Mahoning Cty. Mental Health Bd., 2010 Ohio 6389 (Ohio Ct. App. 2010).
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Lawson v. Mahoning Cty. Mental Health Bd., 2010 Ohio 6389 (Ohio Ct. App. 2010). · cites it 15× “Thus, according to MCMHB, it could not be sued for violating R.C. 5123.62 and R.C. 5123.64. ¶{3} We do not need to reach a determination on whether R.”
Est. of Ridley v. Hamilton Cnty. Bd. of Mental Retardation, 102 Ohio St. 3d 230 (Ohio 2004). · cites it 5× “II {¶ 20} In its second proposition of law, the estate asserts that R.C. 5123.62, 5126.05, 5126.41, and 5126.”
Ohio Off. of Collective Bargaining v. Ohio Civil Serv. Employees Ass'n, Local 11, 572 N.E.2d 71 (Ohio 1991). · cites it 4× “In this instance the employee physically and verbally abused the patient in direct violation of the employer’s rules and the rights declared in R.C. 5123.62, which provides in pertinent part: “The rights of mentally retarded persons and of developmentally disabled persons…”
Hand & Hand MRDD Residential Servs., Inc. v. Ohio Dep't of Developmental Disabilities, 2017 Ohio 9287 (Ohio Ct. App. 2017). · cites it 12× “The court of common pleas determined appellant's second objection, which concerned appellee violating the "Bill of Rights" codified in R.C. 5123.62, was not supported by any evidence and instead supported appellee's argument as to the importance of background checks.”
Martin v. Voinovich, 840 F. Supp. 1175 (S.D. Ohio 1993). · cites it 3× “The Court will next determine whether plaintiff have viable due process claims arising from Ohio Rev.Code § 5123.62. The Court finds that the use of the term “right” gives rise to property and liberty interests that require the protection of procedural due process.”
Toros v. Cuyahoga Cty. Bd. of Dev. Disabilities, 2013 Ohio 4601 (Ohio Ct. App. 2013). · cites it 7× “Although this argument was not presented in the motion for summary judgment, the estate had raised this issue in its motion in opposition to the CBDD’s motion for summary judgment. Thus, it was not a new argument to the estate.”
Nicoletti v. Brown, 740 F. Supp. 1268 (N.D. Ohio 1987). · cites it 5× “A refreshing contrast is Ohio’s own version of the Disabled Assistance Act, Ohio Rev. Code Ann. §§ 5123.62 , et seq. So as to leave no doubt that it intended to create rights which could be enforced through private lawsuits, the Ohio General Assembly expressly provided that,…”
In re Guardianship of Basista, 2014 Ohio 1349 (Ohio Ct. App. 2014). · cites it 4× “] The Trial Court erred in reading R.C. 5123.62 to prevent any review of decisions made by this mentally disabled individual or by concluding that Nicole is emancipated.”
Lawson v. Mahoning Cty. Mental Health Bd., 2010 Ohio 6388 (Ohio Ct. App. 2010). · cites it 30× “One of the reasons the trial court granted the Judgment on the Pleadings was because it found that the complaint did not adequately contain the allegation that Youngstown violated the rights owed to the deceased that are enumerated in R.C. 5123.62 and R.C. 5123.64. The estate…”
Est. of Ridley v. Hamilton Cnty. Bd. of Mental Retardation & Dev. Disabilities, 781 N.E.2d 1034 (Ohio Ct. App. 2002). “Clark and Day each executed a form acknowledging and promising to enforce the rights of mentally retarded and developmentally disabled persons set forth in R.C. 5123.62. {¶ 5} Both Clark and Day were aware that Ridley was not able to care for himself during severe weather.”
State v. Curry, 601 N.E.2d 176 (Ohio Ct. App. 1991). · cites it 2× “Ill “The trial court erred in its decision to order, without an in-camera inspection, full disclosure of records kept confidential under Ohio Revised Code Section 5123.62(T) and Section 5123.89 (the rights of retarded persons), where the court ruled in a bench trial ‘the only…”
Guardianship of Basista, 2015 Ohio 3730 (Ohio Ct. App. 2015). · cites it 2× “Nicole has the ‘right to communicate freely with persons of [her] choice in any reasonable manner [she] chooses,’ R.C. 5123.62(I), as well as ‘participate in decisions that affect [her] life.”
Show all 21 citing cases →
— Ohio Rev. Code § 5123.62(A) — 2 cases
Hand & Hand MRDD Residential Servs., Inc. v. Ohio Dep't of Developmental Disabilities, 2017 Ohio 9287 (Ohio Ct. App. 2017). “The court of common pleas determined appellant's second objection, which concerned appellee violating the "Bill of Rights" codified in R.C. 5123.62, was not supported by any evidence and instead supported appellee's argument as to the importance of background checks.”
Lawson v. Mahoning Cty. Mental Health Bd., 2010 Ohio 6388 (Ohio Ct. App. 2010). “One of the reasons the trial court granted the Judgment on the Pleadings was because it found that the complaint did not adequately contain the allegation that Youngstown violated the rights owed to the deceased that are enumerated in R.C. 5123.62 and R.C. 5123.64. The estate…”
— Ohio Rev. Code § 5123.62(B) — 1 case
Hand & Hand MRDD Residential Servs., Inc. v. Ohio Dep't of Developmental Disabilities, 2017 Ohio 9287 (Ohio Ct. App. 2017). “The court of common pleas determined appellant's second objection, which concerned appellee violating the "Bill of Rights" codified in R.C. 5123.62, was not supported by any evidence and instead supported appellee's argument as to the importance of background checks.”
— Ohio Rev. Code § 5123.62(E) — 1 case
NG through guardian VG v. Ohio Dep't of Developmental Disabilities (S.D. Ohio 2025).
— Ohio Rev. Code § 5123.62(H) — 1 case
Fitzpatrick v. Meyer, 809 F. Supp. 1292 (S.D. Ohio 1992).
— Ohio Rev. Code § 5123.62(I) — 2 cases
In re Guardianship of Basista, 2014 Ohio 1349 (Ohio Ct. App. 2014). “] The Trial Court erred in reading R.C. 5123.62 to prevent any review of decisions made by this mentally disabled individual or by concluding that Nicole is emancipated.”
Guardianship of Basista, 2015 Ohio 3730 (Ohio Ct. App. 2015). “Nicole has the ‘right to communicate freely with persons of [her] choice in any reasonable manner [she] chooses,’ R.C. 5123.62(I), as well as ‘participate in decisions that affect [her] life.”
— Ohio Rev. Code § 5123.62(N) — 1 case
In re Guardianship of Basista, 2014 Ohio 1349 (Ohio Ct. App. 2014). “] The Trial Court erred in reading R.C. 5123.62 to prevent any review of decisions made by this mentally disabled individual or by concluding that Nicole is emancipated.”
— Ohio Rev. Code § 5123.62(Q) — 2 cases
In re Guardianship of Basista, 2014 Ohio 1349 (Ohio Ct. App. 2014). “] The Trial Court erred in reading R.C. 5123.62 to prevent any review of decisions made by this mentally disabled individual or by concluding that Nicole is emancipated.”
Guardianship of Basista, 2015 Ohio 3730 (Ohio Ct. App. 2015). “Nicole has the ‘right to communicate freely with persons of [her] choice in any reasonable manner [she] chooses,’ R.C. 5123.62(I), as well as ‘participate in decisions that affect [her] life.”
— Ohio Rev. Code § 5123.62(T) — 2 cases
State v. Curry, 601 N.E.2d 176 (Ohio Ct. App. 1991). “Ill “The trial court erred in its decision to order, without an in-camera inspection, full disclosure of records kept confidential under Ohio Revised Code Section 5123.62(T) and Section 5123.89 (the rights of retarded persons), where the court ruled in a bench trial ‘the only…”
Horsley v. Burton, 2010 Ohio 6315 (Ohio Ct. App. 2010).
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