Ohio Admin. Code 5123-3-07 - Licensed residential facilities - immediate removal of residents
(A)
Purpose
This rule establishes a process by which the director may order the immediate removal of a resident of a residential facility licensed in accordance with section 5123.19 of the Revised Code.
(B)
Definitions
For the purposes of this rule, the following definitions apply:
(1)
"Compliance review" has the same meaning as in rule
5123-3-06 of the Administrative
Code.
(2)
"County board" means a county board of developmental
disabilities.
(3)
"Department" means the Ohio department of developmental
disabilities.
(4)
"Director" means the director of the department or a
person designated by the director of the department.
(5)
"Immediate
removal" means the process initiated upon issuance of an order by the director,
for removing a resident of a residential facility when:
(a)
Conditions at the
residential facility present an immediate danger of physical or psychological
harm to the resident; and
(b)
All other available interventions have proved
ineffective or infeasible.
(6)
"Individual"
means a person with a developmental disability or for purposes of giving,
refusing to give, or withdrawing consent for services, the person's guardian in
accordance with section
5126.043 of the Revised Code or
other person authorized to give consent.
(7)
"Individual
service plan" means the written description of services, supports, and
activities to be provided to an individual and includes an "individual program
plan" as that term is used in
42 C.F.R.
483.440 as in effect on the effective date of
this rule.
(8)
"Licensee" has the same meaning as in section
5123.19 of the Revised
Code.
(9)
"Major unusual incident" has the same meaning as in
rule 5123-17-02 of the Administrative
Code.
(10)
"Operator" means the entity responsible for management
of and provision of services at the residential facility.
(11)
"Residential
facility" has the same meaning as in section
5123.19 of the Revised
Code.
(C)
Establishing grounds for immediate removal
(1)
When a county
board, on the basis of its investigation of a major unusual incident,
determines that the physical or psychological health or safety of a resident of
a residential facility is in immediate danger, the county board shall contact
the director to request immediate removal. The request will include a
description of the major unusual incident and/or circumstances which led to the
conditions at the residential facility presenting an immediate danger of
physical or psychological harm to the resident.
(2)
Upon receipt of
an allegation that the physical or psychological health or safety of a resident
of a residential facility is in danger, the department may investigate or
request a county board to investigate the allegation.
(3)
When a county
board requests immediate removal in accordance with paragraph (C)(1) of this
rule, or when the department becomes aware of an allegation that the physical
or psychological health or safety of a resident of a residential facility is in
immediate danger from any other source (e.g., an individual, a compliance
review, or the media), the director will determine whether the resident will be
removed from the residential facility based upon information obtained by the
department which may be provided by the county board or any other source
including the operator if, in the opinion of the director, such communication
with the operator does not threaten the health or safety of the
resident.
(4)
When the director determines that conditions at the
residential facility present an immediate danger of physical or psychological
harm to the resident and all other available interventions have proved
ineffective or infeasible, the director will issue an order for immediate
removal and notify:
(a)
The county board;
(b)
Disability rights
Ohio;
(c)
The operator if, in the opinion of the director, the
act of notification does not threaten the health or safety of the resident;
and
(d)
The individual if, in the opinion of the director, the
act of notification does not threaten the health or safety of the
resident.
(D)
Effecting
immediate removal
(1)
After the county board receives an order for immediate
removal issued by the director, the county board shall attempt to notify the
individual prior to the actual immediate removal if the department has not
already done so.
(2)
The county board shall be responsible for removing the
resident and for arranging transportation, placement, and services in the least
restrictive alternative available. The county board shall assist the individual
to secure long-term housing. The county board shall ensure implementation of
all components of the individual service plan, as applicable. The department
will assist in facilitating placement into the least restrictive alternative
available.
(E)
Additional actions by director or department
(1)
The department
may initiate suspension of admissions or revocation of the residential
facility's license in accordance with rule
5123-3-06 of the Administrative
Code when a resident has been subject to immediate removal pursuant to this
rule.
(2)
The director, upon receipt of written information from
the county board or any other reliable source indicating that the circumstances
which led to the immediate removal no longer exist, may permit the resident to
return to the residential facility. The director will notify the county board
and disability rights Ohio when a resident returns to the residential facility
following an immediate removal.
(3)
When the licensee
is a county board or when there are circumstances that are determined by the
department to potentially present a conflict of interest, the department may
investigate allegations that the physical or psychological health or safety of
a resident of a residential facility is in immediate danger or may request that
an investigation be conducted by another county board, a council of
governments, or any other entity authorized to conduct such
investigations.
Replaces: 5123:2-3-07
Notes
Promulgated Under: 119.03
Statutory Authority: 5123.04, 5123.19, 5124.03
Rule Amplifies: 5123.04, 5123.19, 5124.03
Prior Effective Dates: 12/09/1988, 09/20/2001, 07/01/2007, 03/01/2017
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