2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5123 | Department of Developmental Disabilities › Section 5123.377 | Authority to Change Terms of Agreement Regarding the Construction, Acquisition, or Renovation of Community Adult Facility.

Effective:
September 29, 2017
Latest Legislation:
House Bill 49 - 132nd General Assembly
(A) As used in this section:
(1) "Adult services" has the same meaning as in section 5126.01 of the Revised Code.
(2) "Community adult facility" means a facility in which adult services are provided or a facility associated with the provision of adult services.
(3) "Renovation" means work done to a building to restore it to an acceptable condition and to make it functional for use by individuals with developmental disabilities. "Renovation" includes architectural and structural changes and the modernization of mechanical and electrical systems. "Renovation" does not include work that consists primarily of maintenance repairs and replacements necessary due to normal use, wear and tear, or deterioration.
(B) The director of developmental disabilities may change the terms of an agreement entered into with a county board of developmental disabilities or a board of county commissioners pursuant to section 5123.36 of the Revised Code or other statutory authority in effect before July 1, 1980, regarding the construction, acquisition, or renovation of a community adult facility if all of the following apply:
(1) The agreement was entered into on or before December 31, 1999.
(2) The agreement requires the county board or board of county commissioners to use the community adult facility for at least forty years.
(3) The county board or board of county commissioners submits to the director an application for a change in the agreement's terms that includes all of the following:
(a) A statement of intent to close the facility and the anticipated date of closure;
(b) The number of individuals with developmental disabilities served in the facility at the time of application;
(c) Identification of alternative providers of services to be offered to those individuals;
(d) A commitment and demonstration that those individuals will receive services from the alternative providers;
(e) A resolution from the county board or board of county commissioners authorizing the application, including a commitment that if the facility is sold, the county board or board of county commissioners will do either of the following:
(i) Reimburse the department of developmental disabilities the proceeds of the sale up to the outstanding balance owed under the agreement;
(ii) Use the proceeds of the sale for the acquisition, renovation, or accessibility modification of housing for individuals with developmental disabilities that complies with the requirements established by the director.
(4) The director may establish a deadline by which the county board or board of county commissioners shall use the proceeds of a sale pursuant to division (B)(3)(e)(ii) of this section. The director may extend the deadline as many times as the director determines necessary.
(C) Agreement terms that may be changed pursuant to division (B) of this section include terms regarding the length of time the facility must be used as a community adult facility.