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Who We Are:
Disability Rights Ohio is designated by the Governor as the system to protect and advocate the rights of people with disabilities in Ohio. As the protection and advocacy system for Ohio, Disability Rights Ohio has federal and state authority to monitor any facility or service provider in the State providing care or treatment to individuals with disabilities, or to investigate incidents of abuse and neglect of individuals with disabilities. The primary statutory and regulatory authorities that grant Disability Rights Ohio access as described in this document are listed on the reverse side.
Access Authority:
To carry out its activities, Disability Rights Ohio has authority for the following:
- Disability Rights Ohio may inspect all areas of the facility used by residents or accessible to residents without the presence of any facility employee. Disability Rights Ohio does not need the consent of any party to access to the facility.
- Disability Rights Ohio may speak privately with any resident, including minors or adults with guardians, at all reasonable times, including at any time necessary to conduct a full investigation of abuse or neglect. Disability Rights Ohio does not need the consent of a parent/guardian to speak with a minor or adults with guardians. The resident may choose not to speak to Disability Rights Ohio.
- When conducting an investigation of abuse or neglect, Disability Rights Ohio must have the opportunity to interview any employee or other persons, who Disability Rights Ohio reasonably believes has knowledge of the incident under investigation.
- Disability Rights Ohio may review and copy any records maintained by the facility. This includes records that may otherwise be confidential.
If you have questions about Disability Rights Ohio or the information provided, please contact us.
Disability Rights Ohio Access Authority statutes and regulations:
Protection and Advocacy for Individuals with Mental Illness Act (“PAIMI”)
- 42 U.S.C. § 10805;
- 42 C.F.R. § 51.41 (records);
- 42 C.F.R. § 51.42 (facilities, residents, and staff);
- 42 C.F.R. § 51.45 and 51.46 (confidentiality);
Protection and Advocacy for Persons with Developmental Disabilities (“PADD”)
- 42 U.S.C. § 15043;
- 45 CFR 1326.25 (records);
- 45 C.F.R. § 1326.27 (facilities, residents, and staff);
- 45 CFR 1326.28 (confidentiality);
Protection and Advocacy for Individual Rights (“PAIR”)
- 29 U.S.C. § 794e (incorporates the access authority found in PADD);
Protection and Advocacy Services Related to Assistive Technology (“PAAT”)
- 29 U.S.C. § 3004 (incorporates the access authority found in PADD);
Protection and Advocacy for Traumatic Brain Injury (“PATBI”)
- 42 U.S.C. § 300d-53 (incorporates the access authority found in PADD);
Protection and Advocacy for Voting Access
- 52 U.S.C. § 21061 (incorporates the access authority found in PADD);
Ohio Revised Code § 5123.601