Ohio Revised Code

Ohio Rev. Code § 5123.64 (2026)

Enforcement 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) Every provider of services to persons with developmental disabilities shall establish policies and programs to ensure that all staff members are familiar with the rights enumerated in section 5123.62 of the Revised Code and observe those rights in their contacts with persons receiving services. Any policy, procedure, or rule of the provider that conflicts with any of the rights enumerated shall be null and void. Every provider shall establish written procedures for resolving complaints of violations of those rights. A copy of the procedures shall be provided to any person receiving services or to any parent, guardian, or advocate of a person receiving services.

(B) Any person with a developmental disability who believes that the person's rights as enumerated in section 5123.62 of the Revised Code have been violated may:

(1) Bring the violation to the attention of the provider for resolution;

(2) Report the violation to the department of developmental disabilities, the Ohio protection and advocacy system, or the appropriate county board of developmental disabilities;

(3) Take any other appropriate action to ensure compliance with sections 5123.61 to 5123.64 of the Revised Code, including the filing of a legal action to enforce rights or to recover damages for violation of rights.

Notes of Decisions

Cited in 9 cases (1 in the last 5 years), 1987–2025 · 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 18× “62 and R.C. 5123.64. ¶{3} We do not need to reach a determination on whether R.”

Ohio Off. of Collective Bargaining v. Ohio Civil Serv. Employees Ass'n, Local 11, 572 N.E.2d 71 (Ohio 1991). · cites it 2× “R.C. 5123.64. 7 *184 Therefore, we hold that OCSEA’s first proposition of law is overruled.”

Martin v. Voinovich, 840 F. Supp. 1175 (S.D. Ohio 1993). · cites it 3× “See Ohio Rev.Code § 5123.64. Defendants have not argued that plaintiffs are required to plead that the existing remedial scheme is inadequate.”

Nicoletti v. Brown, 740 F. Supp. 1268 (N.D. Ohio 1987). · cites it 3× “If any of these rights are abridged, § 5123.64 specifically provides that the affected mentally retarded person may sue for enforcement.”

Lawson v. Mahoning Cty. Mental Health Bd., 2010 Ohio 6388 (Ohio Ct. App. 2010). · cites it 27× “62 and R.C. 5123.64. The estate argues that that determination is incorrect and accordingly, it contends that Motion for Judgment on the Pleadings was erroneously granted.”

Toros v. Cuyahoga Cty. Bd. of Dev. Disabilities, 2013 Ohio 4601 (Ohio Ct. App. 2013). · cites it 2× “Similarly, in the instant case, R.C. 5123.64 creates a right to pursue civil liability, but does not specifically identify a political subdivision.”

Johnson v. Dep't of Mental Retardation & Developmental Disabilities, 520 N.E.2d 29 (Ohio Ct. Cl. 1987). “U* * R.C. 5123.64: “(A) Every provider of services to persons with mental retardation and developmental disabilities shall establish policies and programs to ensure that all staff members are familiar with the rights enumerated in section 5123.”

NG through guardian VG v. Ohio Dep't of Developmental Disabilities (S.D. Ohio 2025). “” The argument that Ohio law creates a legitimate claim to appropriate medical treatment and ancillary care is reinforced by § 5123.64(A), which provides that staff members and providers of services to persons with developmental disabilities must observe the rights set forth in…”

In Re Blackman, 627 N.E.2d 1049 (Ohio Ct. App. 1993). “The court concluded that mentally retarded persons admitted to state institutions have a due process property right to be cared for in an institution meeting the standards of the Social Security Act. Nicoletti .”

— Ohio Rev. Code § 5123.64(A) — 1 case

NG through guardian VG v. Ohio Dep't of Developmental Disabilities (S.D. Ohio 2025). “” The argument that Ohio law creates a legitimate claim to appropriate medical treatment and ancillary care is reinforced by § 5123.64(A), which provides that staff members and providers of services to persons with developmental disabilities must observe the rights set forth in…”

— Ohio Rev. Code § 5123.64(B) — 3 cases

Lawson v. Mahoning Cty. Mental Health Bd., 2010 Ohio 6389 (Ohio Ct. App. 2010). “62 and R.C. 5123.64. ¶{3} We do not need to reach a determination on whether R.”

Nicoletti v. Brown, 740 F. Supp. 1268 (N.D. Ohio 1987). “If any of these rights are abridged, § 5123.64 specifically provides that the affected mentally retarded person may sue for enforcement.”

Lawson v. Mahoning Cty. Mental Health Bd., 2010 Ohio 6388 (Ohio Ct. App. 2010). “62 and R.C. 5123.64. The estate argues that that determination is incorrect and accordingly, it contends that Motion for Judgment on the Pleadings was erroneously granted.”

— Ohio Rev. Code § 5123.64(B)(3) — 2 cases

Toros v. Cuyahoga Cty. Bd. of Dev. Disabilities, 2013 Ohio 4601 (Ohio Ct. App. 2013). “Similarly, in the instant case, R.C. 5123.64 creates a right to pursue civil liability, but does not specifically identify a political subdivision.”

In Re Blackman, 627 N.E.2d 1049 (Ohio Ct. App. 1993). “The court concluded that mentally retarded persons admitted to state institutions have a due process property right to be cared for in an institution meeting the standards of the Social Security Act. Nicoletti .”

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