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Confidentiality – Ohio Rev. Code Ann. § 5123.89

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All certificates, applications, records and reports that identify a resident or former resident of an institution for the mentally retarded or person whose institutionalization therein has been sought are confidential and may only be disclosed in the following situations:

  • If, in the judgment of the court, disclosure of judicial records is in the best interest of the person identified, and that person or his guardian consents;
  • If, in the judgment of the managing officer, disclosure of institution records is in the best interest of the person identified, and that person or his guardian consents;
  • Disclosure is otherwise authorized;
  • If, in the judgment of the managing officer, disclosure of institution records to a mental health facility is in the best interest of the person identified;
  • Upon the death of a resident or former resident to the individual’s guardian, if the guardian makes a written request; and
  • Upon the death of a resident or former resident, to a member of the individual’s family, if the individual did not have a guardian at the time of his death, and the family member makes a written request.

Current as of June 2015