reglab/statecodes huggingface dataset:
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5126 | County Boards of Developmental Disabilities › Section 5126.024 | Declaration of Eligibility Prior to Appointment to Board.

Effective:
October 6, 2009
Latest Legislation:
Senate Bill 79 - 128th General Assembly
(A) No individual may be appointed or reappointed to a county board of developmental disabilities unless the individual, before the appointment or reappointment, provides to the appointing authority a written declaration specifying both of the following:
(1) That no circumstance described in section 5126.023 of the Revised Code exists that bars the individual from serving on the county board;
(2) Whether the individual or an immediate family member of the individual has an ownership interest in or is under contract with an agency contracting with the county board, and, if such an ownership interest or contract exists, the identity of the agency and the nature of the relationship to that agency.
(B) On appointment or reappointment of an individual to the county board, the appointing authority shall provide a copy of the individual's declaration to the superintendent of the county board. The declaration is a public record for the purpose of section 149.43 of the Revised Code.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5126 | County Boards of Developmental Disabilities › Section 5126.025 | Time and Term of Appointment of Members of Board.

Effective:
October 6, 2009
Latest Legislation:
Senate Bill 79 - 128th General Assembly
Except for members appointed under section 5126.027 of the Revised Code to fill a vacancy, members of a county board of developmental disabilities shall be appointed or reappointed not later than the last day of November, commence their terms on the date of the stated annual organizational meeting in the following January as provided under section 5126.029 of the Revised Code, and serve terms of four years. The membership of an individual appointed as an immediate family member of a recipient of services shall not be terminated because the services are no longer received.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5126 | County Boards of Developmental Disabilities › Section 5126.026 | Reappointment of Members of Board.

Effective:
September 29, 2013
Latest Legislation:
House Bill 59 - 130th General Assembly
Except as otherwise provided in this section and section 5126.0218 of the Revised Code, a member of a county board of developmental disabilities may be reappointed to the county board. Prior to making a reappointment, the appointing authority shall ascertain, through written communication with the board, that the member being considered for reappointment meets the requirements of sections 5126.022 and 5126.0218 of the Revised Code.
A member who has served during each of three consecutive terms shall not be reappointed for a subsequent term until two years after ceasing to be a member of the county board, except that a member who has served for ten years or less within three consecutive terms may be reappointed for a subsequent term before becoming ineligible for reappointment for two years.
If, however, a county board experiences extenuating circumstances that would severely restrict the board from being able to fill a pending vacancy of a board member who will become ineligible for service on the board after serving three consecutive terms, the appointing authority may request a waiver from the director of developmental disabilities to allow that member to serve an additional four-year term subsequent to serving three consecutive four-year terms. The director shall determine if the extenuating circumstances associated with the board warrant the granting of such a waiver.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5126 | County Boards of Developmental Disabilities › Section 5126.027 | Filling of Vacancy on Board for Unexpired Term.

Effective:
October 6, 2009
Latest Legislation:
Senate Bill 79 - 128th General Assembly
Within sixty days after a vacancy on a county board of developmental disabilities occurs, including a vacancy created under section 5126.0213 of the Revised Code, the appointing authority shall fill the vacancy for the unexpired term. Before filling a vacancy, the appointing authority shall cause a notice of the vacancy to be published on at least two separate dates in one or more newspapers serving the county or counties the county board serves.
A member appointed to fill a vacancy occurring before the expiration of the term for which the member's predecessor was appointed shall hold office for the remainder of that term.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5126 | County Boards of Developmental Disabilities › Section 5126.028 | Members of Board Not Compensated - Reimbursement for Expenses.

Effective:
October 6, 2009
Latest Legislation:
Senate Bill 79 - 128th General Assembly
Members of a county board of developmental disabilities shall serve without compensation, but shall be reimbursed for necessary expenses incurred in the conduct of county board business, including expenses that are incurred in the member's county of residence in accordance with an established policy of the county board.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5126 | County Boards of Developmental Disabilities › Section 5126.029 | Organization of Board.

Effective:
September 29, 2011
Latest Legislation:
House Bill 153 - 129th General Assembly
(A) Each county board of developmental disabilities shall hold an organizational meeting no later than the thirty-first day of January of each year and shall elect its officers, which shall include a president, vice-president, and recording secretary. After its annual organizational meeting, the board shall meet in such manner and at such times as prescribed by rules adopted by the board, but the board shall meet at least the following number of times annually in regularly scheduled sessions in accordance with section 121.22 of the Revised Code, not including in-service training sessions:
(1) Unless division (A)(2) of this section applies to the board, ten;
(2) If the board shares a superintendent or other administrative staff with one or more other boards of developmental disabilities, eight.
(B) A majority of the board constitutes a quorum. The board shall adopt rules for the conduct of its business and a record shall be kept of board proceedings, which shall be open for public inspection.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5126 | County Boards of Developmental Disabilities › Section 5126.0210 | Members of Board to Attend Annual In-Service Training.

Effective:
October 6, 2009
Latest Legislation:
Senate Bill 79 - 128th General Assembly
Each year, each member of a county board of developmental disabilities shall attend at least four hours of in-service training provided or approved by the department of developmental disabilities. This training shall not be considered regularly scheduled meetings of the county board.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5126 | County Boards of Developmental Disabilities › Section 5126.0211 | Virtual Attendance at In-Service Training Sessions.

Effective:
October 6, 2009
Latest Legislation:
Senate Bill 79 - 128th General Assembly
A member of a county board of developmental disabilities shall be considered present at an in-service training session even though the member is not physically present in the room in which the session is held if the member is connected to the session through a system that enables the member to communicate with the individuals participating in the session and such individuals to communicate with the member.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5126 | County Boards of Developmental Disabilities › Section 5126.0212 | Participation by Member in Matter Involving Conflict of Interest.

Effective:
October 6, 2009
Latest Legislation:
Senate Bill 79 - 128th General Assembly
In no circumstance shall a member of a county board of developmental disabilities participate in or vote on any matter before the county board concerning a contract agency of which the member or an immediate family member of the member is also a board member or an employee.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5126 | County Boards of Developmental Disabilities › Section 5126.0213 | Grounds for Removal of Member of Board.

Effective:
October 6, 2009
Latest Legislation:
Senate Bill 79 - 128th General Assembly
(A) Subject to sections 5126.0214 and 5126.0216 of the Revised Code, an appointing authority shall remove a member of a county board of developmental disabilities for any of the following reasons:
(1) Neglect of duty;
(2) Misconduct;
(3) Malfeasance;
(4) Ineligibility to serve on the county board pursuant to section 5126.023 of the Revised Code;
(5) Failure to attend at least four hours of in-service training session each year;
(6) Failure to attend within one year four regularly scheduled board meetings;
(7) Failure to attend within one year two regularly scheduled board meetings if the member gave no prior notice of the member's absence;
(8) Consistently poor performance on the county board, as demonstrated by documentation that the president of the county board provides to the appointing authority and the appointing authority determines is convincing evidence.
(B) The removal provisions of divisions (A)(6) and (7) of this section do not apply to absences from special meetings or work sessions.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5126 | County Boards of Developmental Disabilities › Section 5126.0214 | Waiver of Removal Requirement for Nonattendance.

Effective:
October 6, 2009
Latest Legislation:
Senate Bill 79 - 128th General Assembly
An appointing authority shall not remove a member of a county board of developmental disabilities from the county board by reason of division (A)(5), (6), or (7) of section 5126.0213 of the Revised Code if the director of developmental disabilities waives the requirement that the member be removed. The director may issue the waiver only if the appointing authority requests that the director issue the waiver and provides the director evidence that is satisfactory to the director that the member's absences from the in-service training sessions or regularly scheduled board meetings are due to a serious health problem of the member or a member of the member's immediate family. The director's decision on whether to issue the waiver is final and not subject to appeal.
The county board on which the member serves may pass a resolution urging the appointing authority to request that the director issue the waiver. The member whose absences from the sessions or meetings are at issue may not vote on the resolution. The appointing authority may request the waiver regardless of whether the county board adopts the resolution.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5126 | County Boards of Developmental Disabilities › Section 5126.0215 | Notice of Grounds of Removal to Member and Appointing Authority.

Effective:
October 6, 2009
Latest Legislation:
Senate Bill 79 - 128th General Assembly
If there are grounds for the mandatory removal of a member of a county board of developmental disabilities under section 5126.0213 of the Revised Code, the county board shall supply the board member and the member's appointing authority with written notice of the grounds.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5126 | County Boards of Developmental Disabilities › Section 5126.0216 | Request for Hearing on Proposed Removal of Member.

Effective:
October 6, 2009
Latest Legislation:
Senate Bill 79 - 128th General Assembly
An appointing authority shall afford a member of a county board of developmental disabilities an opportunity for a hearing on the member's proposed removal in accordance with procedures the appointing authority shall establish, unless the appointing authority requested that the director of developmental disabilities waive the mandatory removal under section 5126.0214 of the Revised Code and the director refused to issue the waiver. The appointing authority shall hold the hearing if the member requests the hearing not later than thirty days after the date that the county board sends the member the notice required by section 5126.0215 of the Revised Code.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5126 | County Boards of Developmental Disabilities › Section 5126.0217 | Removal of Member Prohibited Before Conclusion of Hearing.

Effective:
October 6, 2009
Latest Legislation:
Senate Bill 79 - 128th General Assembly
If a member of a county board of developmental disabilities requests a hearing within the time required by section 5126.0216 of the Revised Code, the appointing authority may not remove the member from the board before the conclusion of the hearing.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5126 | County Boards of Developmental Disabilities › Section 5126.0218 | Eligibility of Removed Member for Reappointment.

Effective:
October 6, 2009
Latest Legislation:
Senate Bill 79 - 128th General Assembly
A member of a county board of developmental disabilities who is removed from the county board is ineligible for reappointment to the board for not less than one year. The appointing authority shall specify the time during which the member is ineligible for reappointment. If the member is removed under division (A)(5) of section 5126.0213 of the Revised Code, the county board shall specify the training the member must complete before being eligible for reappointment.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5126 | County Boards of Developmental Disabilities › Section 5126.0220 | Superintendent of County Board - Powers and Duties.

Effective:
September 10, 2012
Latest Legislation:
House Bill 487 - 129th General Assembly
(A) The superintendent of the county board of developmental disabilities shall do all of the following:
(1) Administer the work of the board, subject to the board's rules;
(2) Recommend to the board the changes necessary to increase the effectiveness of the programs and services offered pursuant to Chapters 3323. and 5126. of the Revised Code;
(3) Employ persons for all positions authorized by the board, approve contracts of employment for management employees that are for a term of one year or less, and approve personnel actions that involve employees in the classified civil service as may be necessary for the work of the board;
(4) Approve compensation for employees within the limits set by the salary schedule and budget set by the board, and ensure that all employees and consultants are properly reimbursed for actual and necessary expenses incurred in the performance of official duties;
(5) Provide consultation to public agencies as defined in division (C) of section 102.01 of the Revised Code, including other county boards of developmental disabilities, and to individuals, agencies, or organizations providing services supported by the board.
(B) The superintendent may authorize the payment of board obligations by the county auditor.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5126 | County Boards of Developmental Disabilities › Section 5126.0221 | Individuals Disqualified From Employment by Board.

Effective:
September 29, 2017
Latest Legislation:
House Bill 49 - 132nd General Assembly
(A) As used in this section, "specialized services" has the same meaning as in section 5123.081 of the Revised Code.
(B) Except as provided in division (C) of section 5126.033 of the Revised Code, none of the following individuals may be employed by a county board of developmental disabilities:
(1) An employee of an agency contracting with the county board;
(2) An immediate family member of an employee of an agency contracting with the county board unless the county board adopts a resolution authorizing the immediate family member's employment with the county board or the employment is consistent with a policy adopted by the board establishing parameters for such employment and the policy is consistent with Chapter 102. and sections 2921.42, 2921.421, and 2921.43 of the Revised Code;
(3) Except for an individual employed by a county board before October 31, 1980, the spouse, son, or daughter of a county commissioner of the county served by the county board.
(4) An individual who is employed by, has an ownership interest in, performs or provides administrative duties for, or is a member of the governing board of an entity that provides specialized services, regardless of whether the entity contracts with the county board to provide specialized services.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5126 | County Boards of Developmental Disabilities › Section 5126.0222 | Employee of County Board of Developmental Disabilities May Be Member of Governing Board of Political Subdivision.

Effective:
September 24, 2012
Latest Legislation:
Senate Bill 316 - 129th General Assembly
As used in this section, "specialized services" has the same meaning as in section 5123.081 of the Revised Code.
Notwithstanding any provision of the Revised Code to the contrary, including applicable provisions of sections 102.03, 102.04, 2921.42, and 2921.43 of the Revised Code, an employee of a county board of developmental disabilities also may be a member of the governing board of a political subdivision, including the board of education of a school district, or an agency that does not provide specialized services. The county board may contract with such a governing board even though the governing board includes an individual who is an employee of the county board. That member of the governing board may not vote on any matter before the governing board concerning a contract with the county board or participate in any discussion or debate regarding such a contract.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5126 | County Boards of Developmental Disabilities › Section 5126.0223 | Electronic Attendance at County Board Meetings.

Effective:
October 3, 2023
Latest Legislation:
House Bill 33 - 135th General Assembly
(A) As used in this section, "electronic communication" means live, audio-enabled communication that permits the board members attending a meeting, the board members present in person at the place where the meeting is conducted, and all members of the public present in person at the place where the meeting is conducted to simultaneously communicate with each other during the meeting.
(B) Notwithstanding division (C) of section 121.22 and section 5126.029 of the Revised Code, each county board of developmental disabilities may establish a policy that allows board members to attend a meeting of the county board via means of electronic communication. The policy shall specify at least all of the following:
(1) The number of regular meetings at which each board member shall be present in person, which may not be less than one-half of the regular meetings of the county board annually;
(2) All of the following minimum standards regarding a meeting conducted using means of electronic communication:
(a) That at least one-third of the board members attending the meeting shall be present in person at the place where the meeting is conducted;
(b) That all votes taken at the meeting are taken by roll call vote;
(c) That a board member who intends to attend a meeting via means of electronic communication notifies the chairperson of that intent not less than forty-eight hours before the meeting, except in the case of a declared emergency.
(C) Notwithstanding division (C) of section 121.22 and section 5126.029 of the Revised Code, a board member who attends a meeting via means of electronic communication is considered to be present at the meeting, is counted for purposes of establishing a quorum, and may vote at the meeting.
(D) Except as otherwise provided in this section, no person shall limit the number of board members who may attend a meeting via means of electronic communication, limit the total number of meetings that the board may conduct using means of electronic communication, limit the number of meetings in which any one board member may attend via means of electronic communication, or impose other limits or obligations on a board member by virtue of the board member's attending a meeting via means of electronic communication.
Last updated September 26, 2023 at 5:50 PM
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5126 | County Boards of Developmental Disabilities › Section 5126.03 | Direct Services Contract Definitions.

Effective:
October 6, 2009
Latest Legislation:
Senate Bill 79 - 128th General Assembly
As used in this section and in sections 5126.031 to 5126.034 of the Revised Code:
(A) "Direct services contract" means any legally enforceable agreement with an individual, agency, or other entity that, pursuant to its terms or operation, may result in a payment from a county board of developmental disabilities to an eligible person or to a member of the immediate family of an eligible person for services rendered to the eligible person. "Direct services contract" includes a contract for supported living pursuant to sections 5126.40 to 5126.47 of the Revised Code, family support services under section 5126.11 of the Revised Code, and reimbursement for transportation expenses.
(B) "Eligible person" means a person eligible to receive services from a county board or from an entity under contract with a county board.
(C) "Former board member" means a person whose service on the county board ended less than one year prior to commencement of services under a direct services contract.
(D) "Former employee" means a person whose employment by the county board ended less than one year prior to commencement of services under a direct services contract.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5126 | County Boards of Developmental Disabilities › Section 5126.031 | Appointing Ethics Council.

Effective:
October 6, 2009
Latest Legislation:
Senate Bill 79 - 128th General Assembly
(A) Except as provided in division (B) of this section, annually at the organizational meeting required by section 5126.029 of the Revised Code, the chairperson of the county board of developmental disabilities shall appoint three members of the board to an ethics council to review all direct services contracts. The board's chairperson may be one of those appointed. The superintendent of the board shall be a nonvoting member of the council. The chairperson shall not appoint a person to the council if the person, or any member of the person's immediate family, will have any interest in any direct services contract under review by the council while the person serves on the council or during the twelve-month period after completing service on the council. If a council member or a member of the council member's immediate family has or will have such an interest, the chairperson shall replace the member by appointing another board member to the council.
The council shall meet regularly as directed by the board to perform its duties. Minutes shall be kept of the actions of the council. The minutes shall be part of the public record of the county board.
Any action taken by the council on direct services contracts under its review shall be in public. The council shall afford an affected party the opportunity to meet with the council on matters related to a direct services contract or any action taken by the council.
(B) If a county board establishes a policy specifying that the board is not willing to enter into direct services contracts with any person who is a board member or former board member or a member of the immediate family of a board member or former board member, the board may assume the responsibilities and perform the duties of an ethics council specified in section 5126.032 of the Revised Code. The policy shall be established by resolution adopted by a majority of the members of the board in attendance at a meeting at which there is a quorum and shall be in effect for one year after its adoption, at which time the board shall, by resolution adopted in the same manner as the initial resolution, either renew the policy or establish a new one.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5126 | County Boards of Developmental Disabilities › Section 5126.032 | Reviewing Direct Services Contracts.

Effective:
October 6, 2009
Latest Legislation:
Senate Bill 79 - 128th General Assembly
(A) The ethics council appointed for a county board of developmental disabilities shall review all direct services contracts, and approve or disapprove each contract in accordance with the standards in section 5126.033 of the Revised Code. The council shall develop, in consultation with the prosecuting attorney, and recommend to the board ethical standards, contract audit procedures, and grievance procedures with respect to the award and reconciliation of direct services contracts. The superintendent, or an employee of the county board designated by the superintendent, shall, in accordance with a policy established by the county board, certify to the council a copy of each proposed direct services contract or contract renewal at a reasonable time before the contract would take effect if entered into or renewed, if, at the time the contract or renewal is proposed, resources approved by the board for such purposes are available.
The council shall promptly review each direct services contract certified to it. If the contract does not meet the conditions specified in section 5126.033 of the Revised Code, the council shall recommend that the board not enter into the contract or suggest specified revisions. The superintendent shall provide all the information the council needs to make its determinations.
The council shall certify to the board its recommendation with regard to each contract. Except as provided in division (B) of this section, the board, by resolution, shall enter into each direct services contract that the council recommends or recommends with specified revisions. The board shall not enter into any contract that is not recommended by the council or enter into any contract to which revisions are suggested if the contract does not include the specified revisions.
(B) The prosecuting attorney, at the request of the board, shall prepare a legal review of any direct services contract that has been recommended, or recommended with revisions, by the council. The board shall enter into only those contracts submitted for review that are determined by the prosecuting attorney to be in compliance with state law.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5126 | County Boards of Developmental Disabilities › Section 5126.033 | Direct Services Contract Requirements.

Effective:
October 6, 2009
Latest Legislation:
Senate Bill 79 - 128th General Assembly
(A) A county board of developmental disabilities shall not enter into a direct services contract unless the contract is limited either to the actual amount of the expenses or to a reasonable and allowable amount projected by the board.
(B) A county board shall not enter into a direct services contract that would result in payment to a board member, former board member, employee, former employee, or member of the immediate family of a board member, former board member, employee, or former employee if the person who would receive services under the contract stands to receive any preferential treatment or any unfair advantage over other eligible persons.
(C) A county board shall not enter into a direct services contract for services provided in accordance with section 5126.11 or sections 5126.40 to 5126.46 of the Revised Code under which an individual, agency, or other entity will employ an individual who is also an employee of that county board unless all of the following conditions are met:
(1) The employee is not in a capacity to influence the award of the contract.
(2) The employee has not attempted in any manner to secure the contract on behalf of the individual, agency, or other entity.
(3) The employee is not employed in management level two or three according to rules adopted by the director of developmental disabilities and does not provide service and support administration.
(4) The employee is not employed by the board during the period when the contract is developed as an administrator or supervisor responsible for approving or supervising services to be provided under the contract and agrees not to take such a position while the contract is in effect, regardless of whether the position is related to the services provided under the contract.
(5) The employee has not taken any actions that create the need for the services to be provided under the contract.
(6) The individual, agency, or other entity seeks the services of the employee because of the employee's expertise and familiarity with the care and condition of one or more eligible persons and other individuals with such expertise and familiarity are unavailable, or an eligible person has requested to have the services provided by that employee.
The superintendent of the county board shall notify the employee and the individual, agency, or other entity that seeks the employee's services of the ethics council's determination under section 5126.032 of the Revised Code regarding the contract. The council's determination shall be binding on all parties.
The employee who is the subject of the contract shall inform the superintendent of the county board of any employment the employee has outside the county board that is with any individual, agency, or other entity that has a contract with the county board.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5126 | County Boards of Developmental Disabilities › Section 5126.034 | Contracts in Conformity With Law.

Effective:
October 6, 2009
Latest Legislation:
Senate Bill 79 - 128th General Assembly
(A) If the requirements of section 5126.033 of the Revised Code have been met for a particular direct services contract, a member or former member of a county board of developmental disabilities, an employee or former employee of a county board, or an immediate family member of a member, former member, employee, or former employee of a county board is not in violation of the restrictions in Chapter 102. and sections 2921.42 and 5126.023 of the Revised Code with regard to that contract.
(B) Nothing in section 5126.033 of the Revised Code shall be construed to allow a member or employee of a county board to authorize, or use the authority of the member's or employee's office or employment to secure authorization of, a contract that could result in receipt by the county board member or employee or a member of the immediate family of the county board member or employee of payment for expenses incurred on behalf of an immediate family member who is an eligible person.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5126 | County Boards of Developmental Disabilities › Section 5126.038 | Identification of Certain Expenses.

Effective:
October 6, 2009
Latest Legislation:
Senate Bill 79 - 128th General Assembly
(A) As used in this section, "professional services" means all of the following services provided on behalf of a county board of developmental disabilities, members or employees of a county board, or both:
(1) Lobbying and other governmental affairs services;
(2) Legal services other than the legal services provided by a county prosecutor or provided for the purpose of collective bargaining;
(3) Public relation services;
(4) Consulting services;
(5) Personnel training services, not including tuition or professional growth reimbursement programs for county board members or employees.
(B) Each county board of developmental disabilities shall submit to the board of county commissioners of each county that is served by the county board, in accordance with the normal budget process and as part of its budget request, a list identifying the total expenditures projected for any of the following:
(1) Any membership dues of the members or employees of the county board, in any organization, association, or other entity;
(2) Any professional services of the county board, its members or employees, or both;
(3) Any training of the members or employees of the county board.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5126 | County Boards of Developmental Disabilities › Section 5126.041 | Eligibility Determinations.

Effective:
October 12, 2016
Latest Legislation:
House Bill 158 - 131st General Assembly
(A) As used in this section:
(1) "Preschool child with a disability" has the same meaning as in section 3323.01 of the Revised Code.
(2) "State institution" means all or part of an institution under the control of the department of developmental disabilities pursuant to section 5123.03 of the Revised Code and maintained for the care, treatment, and training of individuals with i ntellectual disabilities.
(B) Except as provided in division (C) of this section, each county board of developmental disabilities shall make eligibility determinations in accordance with the definition of "developmental disability" contained in section 5126.01 of the Revised Code. Pursuant to rules adopted under section 5123.012 of the Revised Code, a county board may establish eligibility for programs and services for any preschool child with a disability eligible for services under section 3323.02 of the Revised Code whose disability is not attributable solely to mental illness, as defined in section 5122.01 of the Revised Code.
(C)(1) A county board shall make determinations of eligibility for service and support administration in accordance with rules adopted under section 5126.08 of the Revised Code.
(2) All persons who were eligible for services and enrolled in programs offered by a county board of developmental disabilities pursuant to this chapter on July 1, 1991, shall continue to be eligible for those services and to be enrolled in those programs as long as they are in need of services.
(3) A person who resided in a state institution on or before October 29, 1993, is eligible for programs and services offered by a county board of developmental disabilities, unless the person is determined by the county board not to be in need of those programs and services.
(D) A county board shall refer a person who requests but is not eligible for programs and services offered by the board to other entities of state and local government or appropriate private entities that provide services.
(E) Membership of a person on, or employment of a person by, a county board of developmental disabilities does not affect the eligibility of any member of that person's family for services provided by the board or by any entity under contract with the board.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5126 | County Boards of Developmental Disabilities › Section 5126.043 | Decisions by Individuals With Developmental Disabilities; Authorization for Decision by Adult; Decisions by Guardian.

Effective:
October 12, 2016
Latest Legislation:
House Bill 158 - 131st General Assembly
(A) Unless a guardian has been appointed for the individual, when a decision regarding receipt of a service or participation in a program provided for or funded under this chapter or Chapter 5123. or 5124. of the Revised Code by an individual with a developmental disability must be made, the individual shall be permitted to make the decision. The individual may obtain support and guidance from an adult family member or other person, but doing so does not affect the right of the individual to make the decision.
(B) An individual with a developmental disability may authorize an adult to make a decision described in division (A) of this section on the individual's behalf, as long as the adult does not have a financial interest in the decision. The authorization shall be made in writing.
(C) If a guardian has been appointed for an individual with a developmental disability, the guardian shall make any decision described in division (A) of this section on behalf of the individual. This section does not require appointment of a guardian.
(D) Individuals with developmental disabilities, including those who have been adjudicated incompetent pursuant to Chapter 2111. of the Revised Code, have the right to participate in decisions that affect their lives and to have their needs, desires, and preferences considered. An adult or guardian who makes a decision pursuant to division (B) or (C) of this section shall make a decision that is in the best interests of the individual on whose behalf the decision is made and that is consistent with the needs, desires, and preferences of that individual.
Last updated May 14, 2021 at 2:26 PM
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5126 | County Boards of Developmental Disabilities › Section 5126.045 | Fees for Services.

Effective:
October 6, 2009
Latest Legislation:
Senate Bill 79 - 128th General Assembly
(A) As used in this section, "eligible person" means a person eligible to receive services from a county board of developmental disabilities or from an entity under contract with a county board.
(B) A county board shall establish fees for services rendered to eligible persons if such fees are required by federal regulation and by rule adopted by the director of developmental disabilities.
A county board may provide services to a person who does not meet the standards for eligibility. The board may establish fees for these services, which may be paid for by the person, by another person on the person's behalf of the ineligible person, or by another governmental entity.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5126 | County Boards of Developmental Disabilities › Section 5126.046 | Right to Community-Based Services; List of Providers.

Effective:
October 17, 2019
Latest Legislation:
House Bill 166 - 133rd General Assembly
(A) Except as otherwise provided by 42 C.F.R. 431.51, an individual with a developmental disability who is eligible for home and community-based services has the right to obtain the services from any provider of the services that is qualified to furnish the services and is willing to furnish the services to the individual. A county board of developmental disabilities that has medicaid local administrative authority under division (A) of section 5126.055 of the Revised Code for home and community-based services and refuses to permit an individual to obtain home and community-based services from a qualified and willing provider shall provide the individual timely notice that the individual may appeal under section 5160.31 of the Revised Code.
(B) Except as otherwise provided by 42 C.F.R. 431.51, an individual with a developmental disability who is eligible for ICF/IID services has the right to obtain the services from any provider that is qualified to furnish the services and is willing to furnish the services to the individual.
(C) An individual with a developmental disability who is eligible for both home and community-based services and ICF/IID services has the right to choose whether to receive home and community-based services or ICF/IID services.
(D) An individual with a developmental disability who is eligible for nonmedicaid residential services or nonmedicaid supported living has the right to obtain the services from any provider of the residential services or supported living that is qualified to furnish the residential services or supported living and is willing to furnish the residential services or supported living to the individual.
(E) The director of developmental disabilities shall adopt rules in accordance with Chapter 119. of the Revised Code governing the implementation of this section. The rules shall include procedures for individuals to choose their providers.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5126 | County Boards of Developmental Disabilities › Section 5126.047 | Information Regarding Residential Services.

Effective:
October 17, 2019
Latest Legislation:
House Bill 166 - 133rd General Assembly
(A) When an individual with a developmental disability or a person acting on such an individual's behalf contacts a county board of developmental disabilities about residential services, the county board shall inform the individual or person about the different types of programs and services offered as residential services, including both ICF/IID services and home and community-based services. When informing the individual or person about ICF/IID services and home and community-based services, the county board at a minimum shall do both of the following:
(1) Provide the individual or person a copy of the written pamphlet developed by the department of developmental disabilities under section 5124.69 of the Revised Code;
(2) Assist the individual or person in accessing the searchable database of vacancies in licensed residential facilities that the department of developmental disabilities includes on its internet web site pursuant to section 5123.193 of the Revised Code.
(B) If an individual with a developmental disability or a person acting on such an individual's behalf contacts a county board to express interest in ICF/IID services, the county board shall provide the individual or person contact information for all ICFs/IID located in the county that the county board serves and contiguous counties.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5126 | County Boards of Developmental Disabilities › Section 5126.051 | Residential Services and Supported Living Services.

Effective:
October 12, 2016
Latest Legislation:
House Bill 158 - 131st General Assembly
(A) To the extent that resources are available, a county board of developmental disabilities shall provide for or arrange residential services and supported living for individuals with developmental disabilities.
A county board may acquire, convey, lease, or sell property for residential services and supported living and enter into loan agreements, including mortgages, for the acquisition of such property. A county board is not required to comply with provisions of Chapter 307. of the Revised Code providing for competitive bidding or sheriff sales in the acquisition, lease, conveyance, or sale of property under this division, but the acquisition, lease, conveyance, or sale must be at fair market value determined by appraisal of one or more disinterested persons appointed by the board.
Any action taken by a county board under this division that will incur debt on the part of the county shall be taken in accordance with Chapter 133. of the Revised Code. A county board shall not incur any debt on the part of the county without the prior approval of the board of county commissioners.
(B)(1) To the extent that resources are available, a county board shall provide or arrange for the provision of adult services to individuals who are age eighteen and older and not enrolled in a program or service under Chapter 3323. of the Revised Code or age sixteen or seventeen and eligible for adult services under rules adopted by the director of developmental disabilities under Chapter 119. of the Revised Code. These services shall be provided to the individuals in accordance with their individual service plans and shall include support services specified in the plans.
(2) Any prevocational services shall be provided in accordance with the individual's service plan and occur over a specified period of time with specific outcomes sought to be achieved.
(3) A county board may, in cooperation with the opportunities for Ohioans with disabilities agency, seek federal funds for job training or other services directed at helping individuals obtain community employment.
(4) A county board may contract with any agency, board, or other entity that is accredited by the commission on accreditation of rehabilitation facilities to provide services. A county board that is accredited by the commission on accreditation of rehabilitation facilities may provide services for which it is certified by the commission.
(C) To the extent that resources are available, a county board may provide services to an individual with a developmental disability in addition to those provided pursuant to this section, section 5126.05 of the Revised Code, or any other section of this chapter. The services shall be provided in accordance with the individual's service plan and may be provided in collaboration with other entities of state or local government.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5126 | County Boards of Developmental Disabilities › Section 5126.052 | Volunteer Bus Rider Assistance Program.

Effective:
October 6, 2009
Latest Legislation:
Senate Bill 79 - 128th General Assembly
(A) The superintendent of a county board of developmental disabilities providing transportation for pupils to special education programs under this chapter may establish a volunteer bus rider assistance program under which qualified persons may be authorized to ride with pupils to and from such programs. Volunteers shall not be compensated for their services and are not employees for purposes of Chapter 4117. or 4123. of the Revised Code. Nothing in this section authorizes a superintendent or board to adversely affect the employment of any employee of the board.
Volunteers may be assigned duties or responsibilities by the superintendent, including but not limited to, assisting pupils in embarking and disembarking from buses and in crossing streets where necessary to ensure the safety of the pupil, assisting the bus driver, and such other activities as the superintendent determines will aid in the safe and efficient transportation of pupils.
(B) The superintendent shall ensure that each pupil receiving transportation under this chapter is instructed in school bus safety, proper bus rider behavior, and the potential problems and hazards associated with school bus ridership. Such instruction shall occur within two weeks after the pupil first receives transportation under this chapter.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5126 | County Boards of Developmental Disabilities › Section 5126.054 | Annual Plan.

Effective:
September 30, 2021
Latest Legislation:
House Bill 110 - 134th General Assembly
Annually, on or before the thirty-first day of December each year, each county board of developmental disabilities shall submit to the department of developmental disabilities both of the following:
(A) An annual waiver allocation projection that contains the projected number of individuals to whom the board intends to provide home and community-based services based on available funding as projected in the board's annual five-year projection report submitted pursuant to section 5126.053 of the Revised Code;
(B) Assurances that the county board does both of the following:
(1) Employs or contracts with a business manager, or has entered into an agreement with another county board that employs or contacts with a business manager to have that business manager serve both counties. The superintendent of a county board shall not serve as the business manager of the county board.
(2) Employs or contracts with a medicaid services manager, or has entered into an agreement with another county board that employs or contracts with a medicaid services manager to have that medicaid services manager serve both counties. The superintendent of a county board shall not serve as the medicaid services manager of the county board.
Last updated August 12, 2021 at 2:40 PM