reglab/housing_qa huggingface dataset:
Ohio Rev Code § 5123.197 (2021)
2021 Ohio Revised Code|Title 51 | Public Welfare|Chapter 5123 | Department of Developmental Disabilities|Section 5123.197 | Initial Residential Facility License or Modification of Existing Facility License Not Required in Certain Instances.

Effective: September 29, 2013|Latest Legislation:  House Bill 59 - 130th General Assembly|Neither an applicant for an initial residential facility license under section 5123.19 of the Revised Code nor an applicant for a modification of an existing residential facility license under that section is required to obtain approval of a plan for the proposed new residential facility or modification to the existing residential facility pursuant to section 5123.042 of the Revised Code if all of the following apply: (A) The new residential facility or modification to the existing residential facility is to serve individuals who have diagnoses or special care needs for which a medicaid payment rate is set pursuant to section 5124.152 of the Revised Code;(B) The medicaid director and director of developmental disabilities determine that there is a need under the medicaid program for the proposed new residential facility or modification to the existing residential facility and that approving the application for the initial residential facility license or modification to the existing residential facility license is fiscally prudent for the medicaid program;(C) The director of budget and management notifies the medicaid director and director of developmental disabilities that the director of budget and management agrees with the directors' determination under division (B) of this section.
Ohio Rev Code § 5123.20 (2021)
2021 Ohio Revised Code|Title 51 | Public Welfare|Chapter 5123 | Department of Developmental Disabilities|Section 5123.20 | Prohibiting Operation Without License.

Effective: October 12, 2016|Latest Legislation:  House Bill 158 - 131st General Assembly|No person or government agency shall operate a residential facility or receive an individual with a developmental disability as a resident of a residential facility unless the facility is licensed under section 5123.19 of the Revised Code, and no person or governmental agency shall operate a respite care home or receive an individual with a developmental disability in a respite care home unless the home is certified under section 5126.05 of the Revised Code.
Ohio Rev Code § 5123.21 (2021)
2021 Ohio Revised Code|Title 51 | Public Welfare|Chapter 5123 | Department of Developmental Disabilities|Section 5123.21 | Transfers.

Effective: September 15, 2014|Latest Legislation:  House Bill 483 - 130th General Assembly|The director of developmental disabilities may transfer or authorize the transfer of an involuntary resident or a consenting voluntary resident from one public institution to another or to an institution other than a public institution or other facility, if the director determines that it would be consistent with the habilitation needs of the resident to do so. Before an involuntary resident may be transferred to a more restrictive setting, the managing officer of the institution shall file a motion with the court requesting the court to amend its order of placement issued under section 5123.76 of the Revised Code. At the resident's request, the court shall hold a hearing on the motion at which the resident has the same rights as at a full hearing under section 5123.76 of the Revised Code.Whenever a resident is transferred, the director shall give written notice of the transfer to the resident's legal guardian, parents, spouse, and counsel, or, if none is known, to the resident's nearest known relative or friend. If the resident is a minor, the director before making such a transfer shall make a minute of the order for the transfer and the reason for it upon its record and shall send a certified copy at least seven days prior to the transfer to the person shown by its record to have had the care or custody of the minor immediately prior to the minor's commitment. Whenever a consenting voluntary resident is transferred, the notification shall be given only at the resident's request. The managing officer shall advise a voluntary resident who is being transferred that the patient may decide if such a notification shall be given. In all such transfers, due consideration shall be given to the relationship of the resident to the resident's family, legal guardian, or friends, so as to maintain relationships and encourage visits beneficial to the resident.
Ohio Rev Code § 5123.22 (2021)
2021 Ohio Revised Code|Title 51 | Public Welfare|Chapter 5123 | Department of Developmental Disabilities|Section 5123.22 | Appropriating Property.

Effective: October 6, 2009|Latest Legislation:  Senate Bill 79 - 128th General Assembly|When it is necessary for an institution under the jurisdiction of the department of developmental disabilities to acquire any real estate, right-of-way, or easement in real estate in order to accomplish the purposes for which it was organized or is being conducted, and the department is unable to agree with the owner of such property upon the price to be paid therefor, such property may be appropriated in the manner provided for the appropriation of property for other state purposes. Any instrument by which real property is acquired pursuant to this section shall identify the agency of the state that has the use and benefit of the real property as specified in section 5301.012 of the Revised Code.
Ohio Rev Code § 5123.221 (2021)
2021 Ohio Revised Code|Title 51 | Public Welfare|Chapter 5123 | Department of Developmental Disabilities|Section 5123.221 | Cultivating Land - Purchases From Other Institutions.

Effective: October 6, 2009|Latest Legislation:  Senate Bill 79 - 128th General Assembly|The department of developmental disabilities shall determine and direct what lands belonging to institutions under its control shall be cultivated. The department of agriculture, the department of health, and the Ohio state university shall cooperate with the department of developmental disabilities, and the managing officer of each institution mentioned in section 5123.03 of the Revised Code, in making such cooperative tests as are necessary to determine the quality, strength, and purity of supplies, the value and use of farm lands, or the conditions and needs of mechanical equipment.The department may direct the purchase of any materials, supplies, or other articles for any institution subject to its jurisdiction from any other such institution at the reasonable market value, such value to be fixed by the department, and payments therefor shall be made as between institutions in the manner provided for payment for supplies.
Ohio Rev Code § 5123.24 (2021)
2021 Ohio Revised Code|Title 51 | Public Welfare|Chapter 5123 | Department of Developmental Disabilities|Section 5123.24 | Businesses Located Near Institutions.

Effective: October 6, 2009|Latest Legislation:  Senate Bill 79 - 128th General Assembly|A person, firm, or corporation may file a petition in the court of common pleas of the county in which an institution under the jurisdiction of the department of developmental disabilities is located, in which petition the desire to erect or carry on at a less distance than that prescribed in section 3767.19 of the Revised Code shall be set forth, the business prohibited, the precise point of its establishment, and the reasons and circumstances, in its opinion, why the erection or carrying on thereof would not annoy or endanger the health, convenience, or recovery of the residents of such institution. The petitioner shall give notice in a newspaper of general circulation in the county of the pendency and prayer of the petition for at least six consecutive weeks before the day set for hearing the petition and serve a written notice upon the superintendent of the institution at least thirty days before the day set for hearing the petition. If, upon the hearing of the petition, it appears that the notice has been given as required and the court is of the opinion that no good reason exists why such establishment may not be erected or such business carried on and that by the erection or carrying on thereof at the point named, the institution will sustain no detriment, the court may issue an order granting the prayer of the petitioner. Thereafter the petitioner may locate such establishment or carry on such business at the point named in the petition.
Ohio Rev Code § 5123.25 (2021)
2021 Ohio Revised Code|Title 51 | Public Welfare|Chapter 5123 | Department of Developmental Disabilities|Section 5123.25 | Purchasing Supplies.

Effective: October 6, 2009|Latest Legislation:  Senate Bill 79 - 128th General Assembly|The department of administrative services shall purchase all supplies needed for the proper support and maintenance of the institutions under the control of the department of developmental disabilities in accordance with the competitive selection procedures of Chapter 125. of the Revised Code and such rules as the department of administrative services adopts. All bids shall be publicly opened on the day and hour and at the place specified in the advertisement. Preference shall be given to bidders in localities wherein the institution is located, if the price is fair and reasonable and not greater than the usual price.The department of administrative services may require such security as it considers proper to accompany the bids and shall fix the security to be given by the contractor.The department of administrative services may reject any or all bids and secure new bids, if for any reason it is considered for the best interest of the state to do so, and it may authorize the managing officer of any institution to purchase perishable goods and supplies for use in cases of emergency, in which cases the managing officer shall certify such fact in writing and the department of administrative services shall record the reasons for the purchases.
Ohio Rev Code § 5123.26 (2021)
2021 Ohio Revised Code|Title 51 | Public Welfare|Chapter 5123 | Department of Developmental Disabilities|Section 5123.26 | Funds.

Effective: October 6, 2009|Latest Legislation:  Senate Bill 79 - 128th General Assembly|The treasurer of state shall have charge of all funds under the jurisdiction of the department of developmental disabilities and shall pay out the same only in accordance with Chapter 5123. of the Revised Code. The department shall cause to be furnished a contract of indemnity to cover all moneys and funds received by it or by its managing officers, employees, or agents while such moneys or funds are in the possession of such managing officers, employees, or agents. Such funds are designated as follows:(A) Funds which are due and payable to the treasurer of state as provided by Chapter 131. of the Revised Code;(B) Those funds which are held in trust by the managing officers, employees, or agents of the institution as local funds or accounts under the jurisdiction of the department.Such contract of indemnity shall be made payable to the state and the premium for such contract of indemnity may be paid from any of the funds received for the use of the department under this chapter or Chapter 5121. of the Revised Code.Funds collected from various sources, such as the sale of goods, farm products, and all miscellaneous articles, shall be transmitted on or before Monday of each week to the treasurer of state and a detailed statement of such collections shall be made to the division of business administration by each managing officer.
Ohio Rev Code § 5123.29 (2021)
2021 Ohio Revised Code|Title 51 | Public Welfare|Chapter 5123 | Department of Developmental Disabilities|Section 5123.29 | Industrial and Entertainment Fund - Commissary Fund.

Effective: October 6, 2009|Latest Legislation:  Senate Bill 79 - 128th General Assembly|Each managing officer of an institution under the jurisdiction of the department of developmental disabilities, with the approval of the director of developmental disabilities, may establish funds in the institutions under the jurisdiction of the department, designated as follows: (A) Industrial and entertainment fund for the entertainment and welfare of the residents of the institution.(B) Commissary fund for the benefit of residents of the institution. Commissary revenue in excess of operating costs and reserve shall be considered profits. All profits from the commissary fund operations shall be paid into the industrial and entertainment fund, and used only for the entertainment and welfare of residents.The director shall establish rules for the operation of the industrial and entertainment and commissary funds.
Ohio Rev Code § 5123.30 (2021)
2021 Ohio Revised Code|Title 51 | Public Welfare|Chapter 5123 | Department of Developmental Disabilities|Section 5123.30 | Books and Accounts.

Effective: October 6, 2009|Latest Legislation:  Senate Bill 79 - 128th General Assembly|The department of developmental disabilities shall keep in its office a proper and complete set of books and accounts with each institution, which shall clearly show the nature and amount of every expenditure authorized and made at such institution, and which shall contain an account of all appropriations made by the general assembly and of all other funds, together with the disposition of such funds. The department shall prescribe the form of vouchers, records, and methods of keeping accounts at each of the institutions, which shall be as nearly uniform as possible. The department may examine the records of any institution at any time.The department may authorize any of its bookkeepers, accountants, or employees to examine the records, accounts, and vouchers or take an inventory of the property of any institution, or do whatever is necessary, and pay the actual and reasonable expenses incurred in such service when an itemized account is filed and approved.
Ohio Rev Code § 5123.31 (2021)
2021 Ohio Revised Code|Title 51 | Public Welfare|Chapter 5123 | Department of Developmental Disabilities|Section 5123.31 | Confidentiality.

Effective: September 29, 2015|Latest Legislation:  House Bill 141 - 131st General Assembly|(A) The department of developmental disabilities shall keep a record showing the name, residence, sex, age, nativity, occupation, condition, and date of entrance or commitment of every resident in the institutions governed by it, the date, cause, and terms of discharge and the condition of such person at the time of leaving, and also a record of all transfers from one institution to another, and, if such person dies while in the care or custody of the department, the date and cause of death. These and such other facts as the department requires shall be furnished by the managing officer of each institution within ten days after the commitment, entrance, death, or discharge of a resident.Except as provided in division (C) of this section, the department shall maintain the records described in this division in its office. The department shall make the records accessible only to its employees, except by the consent of the department or the order of the judge of a court of record.(B) In case of an accident or injury or peculiar death of an institution resident the managing officer shall make a special report to the department within twenty-four hours thereafter, giving the circumstances as fully as possible.(C) After a period of time determined by the department, the records described in division (A) of this section may be deposited with the Ohio history connection. Neither the records nor the information contained in them shall be disclosed by the Ohio history connection, except as provided in section 5123.89 of the Revised Code.
Ohio Rev Code § 5123.33 (2021)
2021 Ohio Revised Code|Title 51 | Public Welfare|Chapter 5123 | Department of Developmental Disabilities|Section 5123.33 | Annual Report.

Effective: October 6, 2009|Latest Legislation:  Senate Bill 79 - 128th General Assembly|In its annual report, the department of developmental disabilities shall include a list of the officers and agents employed, and complete financial statement of the various institutions under its control. The report shall describe the condition of each institution, and shall state, as to each institution, whether: (A) The moneys appropriated have been economically and judiciously expended;(B) The objects of the institutions have been accomplished;(C) The laws in relation to such institutions have been fully complied with;(D) All parts of the state are equally benefited by the institutions.Such annual report shall be accompanied by the reports of the managing officers, such other information as the department considers proper, and the department's recommendations for the more effective accomplishment of the general purpose of this chapter.
Ohio Rev Code § 5123.34 (2021)
2021 Ohio Revised Code|Title 51 | Public Welfare|Chapter 5123 | Department of Developmental Disabilities|Section 5123.34 | Liberal Construction of Chapter.

Effective: October 12, 2016|Latest Legislation:  House Bill 158 - 131st General Assembly|This chapter attempts to do all of the following:(A) Provide humane and scientific treatment and care and the highest attainable degree of individual development for persons with developmental disabilities;(B) Promote the study of the causes of developmental disabilities, with a view to ultimate prevention;(C) Secure by uniform and systematic management the highest attainable degree of economy in the administration of the institutions under the control of the department of developmental disabilities.Sections 5123.02 to 5123.04, 5123.042, 5123.043, 5123.10, 5123.21, 5123.221, 5123.25, and 5123.31 of the Revised Code shall be liberally construed to attain these purposes.
Ohio Rev Code § 5123.351 (2021)
2021 Ohio Revised Code|Title 51 | Public Welfare|Chapter 5123 | Department of Developmental Disabilities|Section 5123.351 | Eligibility for State Reimbursement of Expenses Incurred by Facilities and Programs.

Effective: October 12, 2016|Latest Legislation:  House Bill 158 - 131st General Assembly|The director of developmental disabilities, with respect to the eligibility for state reimbursement of expenses incurred by facilities and programs established and operated under Chapter 5126. of the Revised Code for persons with developmental disabilities, shall do all of the following:(A) Make rules that may be necessary to carry out the purposes of Chapter 5126. and sections 5123.35, 5123.351, and 5123.36 of the Revised Code;(B) Define minimum standards for qualifications of personnel, professional services, and in-service training and educational leave programs;(C) Review and evaluate community programs and make recommendations for needed improvements to county boards of developmental disabilities and to program directors;(D) Withhold state reimbursement, in whole or in part, from any county or combination of counties for failure to comply with Chapter 5126. or section 5123.35 or 5123.351 of the Revised Code or rules of the department of developmental disabilities;(E) Withhold state funds from an agency, corporation, or association denying or rendering service on the basis of race, color, sex, religion, ancestry, national origin, disability as defined in section 4112.01 of the Revised Code, or inability to pay;(F) Provide consultative staff service to communities to assist in ascertaining needs and in planning and establishing programs.
Ohio Rev Code § 5123.352 (2021)
2021 Ohio Revised Code|Title 51 | Public Welfare|Chapter 5123 | Department of Developmental Disabilities|Section 5123.352 | Community Developmental Disabilities Trust Fund.

Effective: September 29, 2011|Latest Legislation:  House Bill 153 - 129th General Assembly|There is hereby created in the state treasury the community developmental disabilities trust fund. The director of developmental disabilities, not later than sixty days after the end of each fiscal year, shall certify to the director of budget and management the amount of all the unexpended, unencumbered balances of general revenue fund appropriations made to the department of developmental disabilities for the fiscal year, excluding appropriations for rental payments to the Ohio public facilities commission, and the amount of any other funds held by the department in excess of amounts necessary to meet the department's operating costs and obligations pursuant to this chapter and Chapter 5126. of the Revised Code. On receipt of the certification, the director of budget and management shall transfer cash to the trust fund in an amount up to, but not exceeding, the total of the amounts certified by the director of developmental disabilities, except in cases in which the transfer will involve more than twenty million dollars. In such cases, the director of budget and management shall notify the controlling board and must receive the board's approval of the transfer prior to making the transfer. All moneys in the trust fund shall be used for purposes specified in section 5123.0418 of the Revised Code.
Ohio Rev Code § 5123.36 (2021)
2021 Ohio Revised Code|Title 51 | Public Welfare|Chapter 5123 | Department of Developmental Disabilities|Section 5123.36 | State Participation in Developmental Disability Construction Programs.

Effective: October 12, 2016|Latest Legislation:  House Bill 158 - 131st General Assembly|(A) To the extent funds are available and on application by a county board of developmental disabilities or private nonprofit agency incorporated to provide developmental disability services, the director of developmental disabilities may enter into an agreement with the county board or agency to assist the county board or agency with a developmental disability construction project. Except as provided by division (B) of this section, the director may provide up to ninety per cent of the total project cost where circumstances warrant. The director may, where circumstances warrant, use existing facilities or other in-kind match for the local share of the communities' share of the cost.(B) Upon the recommendation of the director, for projects of the highest priority of the department of developmental disabilities, the controlling board may authorize the director to provide more than ninety per cent of the total cost of a project under this section.(C) A county board is eligible for funds under this section for a project bid on or after January 1, 1992, under either section 153.07 or 307.86 of the Revised Code, as long as all other applicable requirements were followed.(D) A private nonprofit agency that receives funds pursuant to this section for the construction of a single-family home, including, where appropriate, the acquisition and installation of a single-family home fabricated in an off-site facility, is not subject to the requirements of Chapter 153. of the Revised Code with respect to the construction project, notwithstanding any provision of that chapter to the contrary.(E) The director may not assist a project under this section unless the controlling board or director of budget and management also approves the project pursuant to section 126.14 of the Revised Code.