Ohio Rev. Code » Chapter 5123
Ohio Revised Code

Ohio Rev. Code § 5123.79 (2026)

Discharging involuntary resident

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Effective:
October 12, 2016
Latest Legislation:
House Bill 158 - 131st General Assembly
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(A) Notwithstanding a finding pursuant to section 5123.76 of the Revised Code that a person is a person with an intellectual disability subject to institutionalization by court order, the managing officer of an institution, with the concurrence of the chief program director, shall, except as provided in division (C) of this section, grant a discharge without the consent or the authorization of any court upon a determination that institutionalization no longer is appropriate. Upon the discharge, the managing officer of the institution shall notify the probate division of the court of common pleas that made the involuntary commitment.

(B) Upon the request of the director of a private institution, program, facility, or person having custody of a resident institutionalized pursuant to section 5123.76 of the Revised Code, or on the order of the probate division of the court of common pleas, the resident may be called for a rehearing to determine the advisability of continued institutionalization at a place within the county of resident's residence or the county where the resident is institutionalized as the probate division designates. The hearing shall be held pursuant to section 5123.76 of the Revised Code.
Notes of Decisions
Cited in 2 cases, 1983–1992 · leading case: State v. Davis, 466 N.E.2d 572 (Ohio Ct. App. 1983).
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State v. Davis, 466 N.E.2d 572 (Ohio Ct. App. 1983). “79(C) require the head of the hospital, or the managing officer of the institution, respectively, to give the prosecutor and the Attorney General notice of the discharge of a person who has been adjudged incompetent to stand trial at least ten days prior to such discharge.”
In re Elmore, 614 N.E.2d 1116 (Ohio Ct. App. 10th Dist. 1992). · cites it 3× “Appellants allege in their second and fifth assignments of error that R.C. 5123.79(A) grants power to the managing officer and the chief program director to discharge respondent without court approval upon a joint determination that institutionalization is no longer appropriate.”
Ohio Rev. Code § 5123.79(A): 1 case
In re Elmore, 614 N.E.2d 1116 (Ohio Ct. App. 10th Dist. 1992). “Appellants allege in their second and fifth assignments of error that R.C. 5123.79(A) grants power to the managing officer and the chief program director to discharge respondent without court approval upon a joint determination that institutionalization is no longer appropriate.”
Ohio Rev. Code § 5123.79(C): 1 case
State v. Davis, 466 N.E.2d 572 (Ohio Ct. App. 1983). “79(C) require the head of the hospital, or the managing officer of the institution, respectively, to give the prosecutor and the Attorney General notice of the discharge of a person who has been adjudged incompetent to stand trial at least ten days prior to such discharge.”
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