Oakar v. Ohio Department of Mental Retardation

The state of Ohio appeals on the accelerated docket from the Cuyahoga County Court of Common Pleas, Probate Division’s granting of plaintiff-appellee James L. Oakar’s complaint for declaratory judgment. For the reasons set forth below, we affirm and remand.

Edward Callahan was admitted to the state of Ohio’s institution for the mentally retarded and developmental^ disabled in 1923. The record shows that the state did not determine the amount to be charged for Mr. Callahan’s support within ninety days of his admission to the institution pursuant to R.C. 5121.04 and never sent notice to any…