2006 Ohio Revised Code - 5119.02. General powers and duties of department.

§ 5119.02. General powers and duties of department.
 

(A)  The department of mental health shall maintain, operate, manage, and govern state institutions for the care and treatment of mentally ill persons. 

(B)  The department of mental health may designate all institutions under its jurisdiction by appropriate respective names, regardless of present statutory designation. 

(C)  Subject to section 5139.08 and pursuant to Chapter 5122. of the Revised Code and on the agreement of the departments of mental health and youth services, the department of mental health may receive from the department of youth services for psychiatric observation, diagnosis, or treatment any person eighteen years of age or older in the custody of the department of youth services. The departments shall enter into a written agreement specifying the procedures necessary to implement this division. 

(D)  The department of mental health shall provide and designate facilities for the custody, care, and special treatment of persons who are charged with a crime and who are found incompetent to stand trial or not guilty by reason of insanity. 

(E)  The department of mental health may do all of the following: 

(1) Require reports from the managing officer of any institution under the department's jurisdiction, relating to the admission, examination, comprehensive evaluation, diagnosis, release, or discharge of any patient; 

(2) Visit each institution regularly to review its operations and to investigate complaints made by any patient or by any person on behalf of a patient, provided these duties may be performed by a person designated by the director. 

(F)  The department of mental health shall divide the state into districts for the purpose of designating the institution in which mentally ill persons are hospitalized, and may change the districts. 

(G)  In addition to the powers expressly conferred, the department of mental health shall have all powers and authority necessary for the full and efficient exercise of the executive, administrative, and fiscal supervision over the state institutions described in this section. 

(H)  The department of mental health may provide for the custody, supervision, control, treatment, and training of mentally ill persons hospitalized elsewhere than within the enclosure of a hospital, if the department so determines with respect to any individual or group of individuals. In all such cases, the department shall ensure adequate and proper supervision for the protection of such persons and of the public. 
 

HISTORY: RC § 5119.05, 125 v 841 (Eff 7-1-54); 130 v 1177 (Eff 10-7-63); 130 v 1177 (Eff 10-10-63); 130 v PtII, 246 (Eff 12-16-64); 133 v S 88 (Eff 10-22-69); 133 v H 688 (Eff 11-21-69); 133 v S 478 (Eff 9-3-70); 134 v H 494 (Eff 7-12-72); RC § 5119.02, 138 v H 900 (Eff 7-1-80); 139 v H 440 (Eff 11-23-81); 142 v S 156 (Eff 7-1-88); 146 v S 310 (Eff 6-20-96); 147 v H 215. Eff 9-29-97.
 

Analogous in part to RC § 5101.05 (GC § 1835; 102 v 211, § 4; 106 v 26; 111 v 108; 119 v 439; 121 v 423; 123 v 862(932), § 3; Bureau of Code Revision, 10-1-53 (original numbering)).

Not analogous to former RC § 5119.02 (125 v 840; 134 v H 494), repealed 136 v H 1215, § 2, eff 8-26-76.

The effective date is set by section 222 of HB 215.