reglab/statecodes huggingface dataset:
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5126 | County Boards of Developmental Disabilities › Section 5126.058 | Memorandum of Understanding.

Effective:
October 12, 2016
Latest Legislation:
House Bill 158 - 131st General Assembly
(A) Each county board of developmental disabilities shall prepare a memorandum of understanding that is developed by all of the following and that is signed by the persons identified in divisions (A)(2) to (7) of this section:
(1) The senior probate judge of the county or the senior probate judge's representative;
(2) The county peace officer;
(3) All chief municipal peace officers within the county;
(4) Other law enforcement officers handling abuse, neglect, and exploitation of individuals with developmental disabilities in the county;
(5) The prosecuting attorney of the county;
(6) The public children services agency;
(7) The coroner of the county.
(B) A memorandum of understanding shall set forth the normal operating procedure to be employed by all concerned officials in the execution of their respective responsibilities under this section and sections 313.12, 2151.421, 2903.16, 5126.31, and 5126.33 of the Revised Code and shall have as its primary goal the elimination of all unnecessary interviews of persons who are the subject of reports made pursuant to this section. A failure to follow the procedure set forth in the memorandum by the concerned officials is not grounds for, and shall not result in, the dismissal of any charge or complaint arising from any reported case of abuse, neglect, or exploitation or the suppression of any evidence obtained as a result of any reported abuse, neglect, or exploitation and does not give any rights or grounds for appeal or post-conviction relief to any person.
(C) A memorandum of understanding shall include, but is not limited to, all of the following:
(1) The roles and responsibilities for handling emergency and nonemergency cases of abuse, neglect, or exploitation;
(2) The roles and responsibilities for handling and coordinating investigations of reported cases of abuse, neglect, or exploitation and methods to be used in interviewing the person who is the subject of the report and who allegedly was abused, neglected, or exploited;
(3) The roles and responsibilities for addressing the categories of persons who may interview the person who is the subject of the report and who allegedly was abused, neglected, or exploited;
(4) The roles and responsibilities for providing victim services to individuals with developmental disabilities pursuant to Chapter 2930. of the Revised Code;
(5) The roles and responsibilities for the filing of criminal charges against persons alleged to have abused, neglected, or exploited individuals with developmental disabilities.
(D) A memorandum of understanding may be signed by victim advocates, municipal court judges, municipal prosecutors, and any other person whose participation furthers the goals of a memorandum of understanding, as set forth in this section.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5126 | County Boards of Developmental Disabilities › Section 5126.059 | Payment of Nonfederal Share of Medicaid Expenditures.

Effective:
October 12, 2016
Latest Legislation:
House Bill 158 - 131st General Assembly
A county board of developmental disabilities shall pay the nonfederal share of medicaid expenditures for medicaid case management services the county board provides to an individual with a developmental disability who the county board determines under section 5126.041 of the Revised Code is eligible for county board services.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5126 | County Boards of Developmental Disabilities › Section 5126.0511 | Payment of Nonfederal Share of Home Services.

Effective:
June 30, 2011
Latest Legislation:
House Bill 153 - 129th General Assembly
(A) A county board of developmental disabilities may use the following funds to pay the nonfederal share of the medicaid expenditures that the county board is required by sections 5126.059 and 5126.0510 of the Revised Code to pay:
(1) To the extent consistent with the levy that generated the taxes, the following taxes:
(a) Taxes levied pursuant to division (L) of section 5705.19 of the Revised Code and section 5705.222 of the Revised Code;
(b) Taxes levied under section 5705.191 of the Revised Code that the board of county commissioners allocates to the county board.
(2) Funds that the department of developmental disabilities distributes to the county board under section 5126.18 of the Revised Code and for purposes of the family support services program established under section 5126.11 of the Revised Code;
(3) Earned federal revenue funds the county board receives for medicaid services the county board provides pursuant to the county board's valid medicaid provider agreement;
(4) Funds that the department of developmental disabilities distributes to the county board as subsidy payments;
(5) In the case of medicaid expenditures for home and community-based services, funds allocated to or otherwise made available for the county board under section 5123.0416 of the Revised Code to pay the nonfederal share of such medicaid expenditures.
(B) Each year, each county board shall adopt a resolution specifying the amount of funds it will use in the next year to pay the nonfederal share of the medicaid expenditures that the county board is required by sections 5126.059 and 5126.0510 of the Revised Code to pay. The amount specified shall be adequate to assure that the services for which the medicaid expenditures are made will be available in the county in a manner that conforms to all applicable state and federal laws. A county board shall state in its resolution that the payment of the nonfederal share represents an ongoing financial commitment of the county board. A county board shall adopt the resolution in time for the county auditor to make the determination required by division (C) of this section.
(C) Each year, a county auditor shall determine whether the amount of funds a county board specifies in the resolution it adopts under division (B) of this section will be available in the following year for the county board to pay the nonfederal share of the medicaid expenditures that the county board is required by sections 5126.059 and 5126.0510 of the Revised Code to pay. The county auditor shall make the determination not later than the last day of the year before the year in which the funds are to be used.
Last updated October 6, 2021 at 10:43 AM
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5126 | County Boards of Developmental Disabilities › Section 5126.0512 | Number Enrolled in Home and Community-Based Services.

Effective:
September 29, 2011
Latest Legislation:
House Bill 153 - 129th General Assembly
(A) Except as provided in rules adopted under section 5123.0413 of the Revised Code, each county board of developmental disabilities shall ensure that the number of individuals eligible under section 5126.041 of the Revised Code for services from the county board who are enrolled in home and community-based services is no less than the sum of the following:
(1) The number of individuals eligible for services from the county board who are enrolled in home and community-based services on June 30, 2007;
(2) The number of home and community-based services slots the county board requested before July 1, 2007, that were assigned to the county board before that date but in which no individual was enrolled before that date.
(B) An individual enrolled in home and community-based services after March 1, 2007, due to an emergency reserve capacity waiver assignment shall not be counted in determining the number of individuals a county board must ensure under division (A) of this section are enrolled in home and community-based services.
(C) An individual who is enrolled in home and community-based services to comply with the terms of the consent order filed March 5, 2007, in Martin v. Strickland, Case No. 89-CV-00362, in the United States district court for the southern district of Ohio, eastern division, shall be excluded in determining whether a county board has complied with division (A) of this section.
(D) A county board shall make as many requests for individuals to be enrolled in home and community-based services as necessary for the county board to comply with division (A) of this section.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5126 | County Boards of Developmental Disabilities › Section 5126.06 | Resolution of Complaints.

Effective:
October 6, 2009
Latest Legislation:
Senate Bill 79 - 128th General Assembly
(A) Except as provided in division (B) of this section, any person who has a complaint involving any of the programs, services, policies, or administrative practices of a county board of developmental disabilities or any of the entities under contract with the county board, may file a complaint with the board. Prior to commencing a civil action regarding the complaint, a person shall attempt to have the complaint resolved through the administrative resolution process established in the rules adopted under section 5123.043 of the Revised Code. After exhausting the administrative resolution process, the person may commence a civil action if the complaint is not settled to the person's satisfaction.
(B) An employee of a county board may not file under this section a complaint related to the terms and conditions of employment of the employee.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5126 | County Boards of Developmental Disabilities › Section 5126.07 | Discrimination Prohibited - Affirmative Action Plan.

Effective:
October 6, 2009
Latest Legislation:
Senate Bill 79 - 128th General Assembly
No county board of developmental disabilities or any agency, corporation, or association under contract with a county board of developmental disabilities shall discriminate in the provision of services under its authority or contract on the basis of race, color, sex, creed, disability, national origin, or the inability to pay.
Each county board of developmental disabilities shall provide a plan of affirmative action describing its goals and methods for the provision of equal employment opportunities for all persons under its authority and shall ensure nondiscrimination in employment under its authority or contract on the basis of race, color, sex, creed, disability, or national origin.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5126 | County Boards of Developmental Disabilities › Section 5126.08 | Programs and Services Offered by County Board.

Effective:
October 12, 2016
Latest Legislation:
House Bill 158 - 131st General Assembly
(A) The director of developmental disabilities shall adopt rules in accordance with Chapter 119. of the Revised Code for all programs and services offered by a county board of developmental disabilities. Such rules shall include, but are not limited to, the following:
(1) Determination of what constitutes a program or service;
(2) Standards to be followed by a board in administering, providing, arranging, or operating programs and services;
(3) Standards for determining the nature and degree of developmental disability;
(4) Standards and procedures for making eligibility determinations for the programs and services;
(5) Procedures for obtaining consent for the arrangement of services under section 5126.31 of the Revised Code and for obtaining signatures on individualized service plans under that section;
(6) Specification of the service and support administration to be provided by a county board and standards for resolving grievances in connection with service and support administration.
(B) The director shall be the final authority in determining the nature and degree of developmental disability.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5126 | County Boards of Developmental Disabilities › Section 5126.09 | Liability Insurance.

Effective:
October 6, 2009
Latest Legislation:
Senate Bill 79 - 128th General Assembly
A county board of developmental disabilities may procure a policy or policies of insurance insuring board members or employees of the board or agencies with which the board contracts or volunteer bus rider assistants authorized by section 5126.061 of the Revised Code against liability arising from the performance of their official duties.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5126 | County Boards of Developmental Disabilities › Section 5126.10 | Standard Cost Allocation Procedures.

Effective:
October 6, 2009
Latest Legislation:
Senate Bill 79 - 128th General Assembly
The director of developmental disabilities shall adopt rules in accordance with Chapter 119. of the Revised Code establishing standard cost allocation procedures and shall require county boards of developmental disabilities to use such procedures to allocate all indirect costs to services provided pursuant to Chapters 3323. and 5126. of the Revised Code.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5126 | County Boards of Developmental Disabilities › Section 5126.13 | Regional Council.

Effective:
September 10, 2012
Latest Legislation:
House Bill 487 - 129th General Assembly
(A) A county board of developmental disabilities may enter into an agreement with one or more other county boards of developmental disabilities to establish a regional council in accordance with Chapter 167. of the Revised Code. The agreement shall specify the duties and functions to be performed by the council, which may include any duty or function a county board is required or authorized to perform under this chapter.
A county board may also enter into an agreement with one or more school districts or other political subdivisions to establish a regional council in accordance with Chapter 167. of the Revised Code.
(B) On or before the thirtieth day of March, the fiscal officer of a regional council described in this section shall report to the department of developmental disabilities, in the format specified by the department, all income and operating expenditures of the council for the immediately preceding calendar year.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5126 | County Boards of Developmental Disabilities › Section 5126.14 | Administrative Oversight.

Effective:
October 6, 2009
Latest Legislation:
Senate Bill 79 - 128th General Assembly
The entity responsible for the habilitation management included in adult day habilitation services, the program management included in residential services, and the program management included in supported living shall provide administrative oversight by doing all of the following:
(A) Having available supervisory personnel to monitor and ensure implementation of all interventions in accordance with every individual service plan implemented by the staff who work with the individuals receiving the services;
(B) Providing appropriate training and technical assistance for all staff who work with the individuals receiving services;
(C) Communicating with service and support administration staff for the purpose of coordinating activities to ensure that services are provided to individuals in accordance with individual service plans and intended outcomes;
(D) Monitoring for unusual and major unusual incidents and cases of abuse, neglect, exploitation, or misappropriation of funds involving the individual under the care of staff who are providing the services; taking immediate actions as necessary to maintain the health, safety, and welfare of the individuals receiving the services; and providing notice of unusual and major unusual incidents and suspected cases of abuse, neglect, exploitation, or misappropriation of funds to the county board of developmental disabilities;
(E) Performing other administrative duties as required by state or federal law or by the county board of developmental disabilities through contracts with providers.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5126 | County Boards of Developmental Disabilities › Section 5126.20 | Employee Definitions.

Effective:
September 10, 2012
Latest Legislation:
House Bill 487 - 129th General Assembly
As used in this section and sections 5126.21 to 5126.25 of the Revised Code:
(A) "Service employee" means a person employed by a county board of developmental disabilities in a position which may require registration under section 5126.25 of the Revised Code but for which a bachelor's degree from an accredited college or university is not required, and includes employees in the positions listed in division (C) of section 5126.22 of the Revised Code.
(B)(1) "Professional employee" means both of the following:
(a) A person employed by a board in a position for which either a bachelor's degree from an accredited college or university or a license or certificate issued under Title XLVII of the Revised Code is a minimum requirement;
(b) A person employed by a board as a conditional status service and support administrator.
(2) "Professional employee" includes employees in the positions listed in division (B) of section 5126.22 of the Revised Code.
(C) "Management employee" means a person employed by a board in a position having supervisory or managerial responsibilities and duties, and includes employees in the positions listed in division (A) of section 5126.22 of the Revised Code.
(D) "Limited contract" means a contract of limited duration which is renewable at the discretion of the superintendent.
(E) "Supervisory responsibilities and duties" includes the authority to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees of the board; to responsibly direct them; to adjust their grievances; or to effectively recommend such action, if the exercise of that authority is not of a merely routine or clerical nature but requires the use of independent judgment.
(F) "Managerial responsibilities and duties" includes formulating policy on behalf of the board, responsibly directing the implementation of policy, assisting in the preparation for the conduct of collective negotiations, administering collectively negotiated agreements, or having a major role in personnel administration.
(G) "Investigative agent" means an individual who conducts investigations under section 5126.313 of the Revised Code.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5126 | County Boards of Developmental Disabilities › Section 5126.201 | Conditional Status Service and Support Administrator - Minimum Requirements.

Effective:
September 14, 2016
Latest Legislation:
House Bill 113 - 131st General Assembly
(A) A person may be employed by or under contract with a county board of developmental disabilities as a conditional status service and support administrator only if either of the following is true:
(1) The person has at least an appropriate associate degree;
(2) The person meets both of the following requirements:
(a) The person was employed by the county board and performed service and support administration duties on June 30, 2005;
(b) The person holds a high school diploma or a certificate of high school equivalence.
(B) A conditional status service and support administrator shall perform the duties of service and support administration, as specified in division (B) of section 5126.15 of the Revised Code, only under the supervision of a management employee who is a service and support administration supervisor.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5126 | County Boards of Developmental Disabilities › Section 5126.21 | Management Employees.

Effective:
September 15, 2014
Latest Legislation:
House Bill 483 - 130th General Assembly
As used in this section, "management employee" does not include the superintendent of a county board of developmental disabilities.
(A)(1) Each management employee of a county board of developmental disabilities shall hold a limited contract for a period of not less than one year and not more than five years, except that a management employee hired after the beginning of a program year may be employed under a limited contract expiring at the end of the program year. The board shall approve all contracts of employment for management employees that are for a term of more than one year. A management employee shall receive notice of the superintendent's intention not to rehire the employee at least ninety days prior to the expiration of the contract.
(2) During the term of a contract a management employee's salary may be increased, but shall not be reduced unless the reduction is part of a uniform plan affecting all employees of the board.
(B) All management employees may be removed, suspended, or demoted for cause pursuant to section 5126.23 of the Revised Code.
(C) All management employees shall receive employee benefits as established by the board. Sections 124.38 and 325.19 of the Revised Code do not apply to management employees.
(D) The superintendent of a county board of developmental disabilities shall notify all management employees of the board of their salary no later than thirty days before the first day of the new contract year.
(E) Each county board of developmental disabilities shall establish a lay-off policy to be followed if it determines a reduction in the number of management employees is necessary.
(F) If a management employee position becomes vacant, the superintendent first shall consider whether to enter into an agreement with another county board for the sharing of personnel under 5126.02 of the Revised Code. If the superintendent determines there are no significant efficiencies or it is impractical to share personnel, the superintendent may employ a management employee to fill the vacancy.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5126 | County Boards of Developmental Disabilities › Section 5126.221 | Investigative Agents.

Effective:
October 6, 2009
Latest Legislation:
Senate Bill 79 - 128th General Assembly
Each county board of developmental disabilities shall employ at least one investigative agent or contract with a person or government entity, including another county board of developmental disabilities or a regional council established under section 5126.13 of the Revised Code, for the services of an investigative agent. Neither a county board nor a person or government entity with which a county board contracts for the services of an investigative agent shall assign any duties to an investigative agent other than conducting investigations under section 5126.313 of the Revised Code.
All investigative agents shall be trained in civil and criminal investigatory practices. The person responsible for supervising the work of the investigative agents shall report directly to a county board's superintendent regarding the investigative agents.
No investigative agent shall do anything that interferes with the investigative agent's objectivity in conducting investigations under section 5126.313 of the Revised Code.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5126 | County Boards of Developmental Disabilities › Section 5126.251 | Effect of Child Support Default on Certificate.

Effective:
September 10, 2012
Latest Legislation:
House Bill 487 - 129th General Assembly
On receipt of a notice pursuant to section 3123.43 of the Revised Code, the director of developmental disabilities or the superintendent of a county board of developmental disabilities shall comply with sections 3123.41 to 3123.50 of the Revised Code and any applicable rules adopted under section 3123.63 of the Revised Code with respect to a person's certification or registration under section 5126.25 of the Revised Code.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5126 | County Boards of Developmental Disabilities › Section 5126.254 | Report of Improper Conduct Investigation Kept in Personnel File.

Effective:
October 6, 2009
Latest Legislation:
Senate Bill 79 - 128th General Assembly
The superintendent of each county board of developmental disabilities shall require that the reports of any investigation by the board of an employee regarding whether the employee has committed an act or offense for which the superintendent is required to make a report to the superintendent of public instruction under section 5126.253 of the Revised Code be kept in the employee's personnel file. If, after an investigation under division (A) of section 3319.311 of the Revised Code, the superintendent of public instruction determines that the results of that investigation do not warrant initiating action under section 3319.31 of the Revised Code, the superintendent of the county board shall require the reports of the board's investigation to be moved from the employee's personnel file to a separate public file.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5126 | County Boards of Developmental Disabilities › Section 5126.255 | Rc 5126.253 and Rc 5126.254 Prevail Over Contractual Provisions.

Effective:
March 30, 2007
Latest Legislation:
House Bill 79 - 126th General Assembly
Notwithstanding any provision to the contrary in Chapter 4117. of the Revised Code, the provisions of sections 5126.253 and 5126.254 of the Revised Code prevail over any conflicting provisions of a collective bargaining agreement or contract for employment entered into after the effective date of this section.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5126 | County Boards of Developmental Disabilities › Section 5126.30 | Protective Services for Adults With Developmental Disability Definitions.

Effective:
October 12, 2016
Latest Legislation:
House Bill 158 - 131st General Assembly
As used in sections 5126.30 to 5126.34 of the Revised Code:
(A) "Adult" means a person eighteen years of age or older with a developmental disability.
(B) "Caretaker" means a person who is responsible for the care of an adult by order of a court, including an order of guardianship, or who assumes the responsibility for the care of an adult as a volunteer, as a family member, by contract, or by the acceptance of payment for care.
(C) "Abuse" has the same meaning as in section 5123.50 of the Revised Code, except that it includes a misappropriation, as defined in that section.
(D) "Neglect" has the same meaning as in section 5123.50 of the Revised Code.
(E) "Exploitation" means the unlawful or improper act of a caretaker using an adult or an adult's resources for monetary or personal benefit, profit, or gain, including misappropriation, as defined in section 5123.50 of the Revised Code, of an adult's resources.
(F) "Working day" means Monday, Tuesday, Wednesday, Thursday, or Friday, except when that day is a holiday as defined in section 1.14 of the Revised Code.
(G) "Incapacitated" means lacking understanding or capacity, with or without the assistance of a caretaker, to make and carry out decisions regarding food, clothing, shelter, health care, or other necessities, but does not include mere refusal to consent to the provision of services.
(H) "Emergency protective services" means protective services furnished to an individual with a developmental disability to prevent immediate physical harm.
(I) "Protective services" means services provided by the county board of developmental disabilities to an adult with a developmental disability for the prevention, correction, or discontinuance of an act of as well as conditions resulting from abuse, neglect, or exploitation.
(J) "Protective service plan" means an individualized plan developed by the county board of developmental disabilities to prevent the further abuse, neglect, or exploitation of an adult with a developmental disability.
(K) "Substantial risk" has the same meaning as in section 2901.01 of the Revised Code.
(L) "Party" means all of the following:
(1) An adult who is the subject of a probate proceeding under sections 5126.30 to 5126.33 of the Revised Code;
(2) A caretaker, unless otherwise ordered by the probate court;
(3) Any other person designated as a party by the probate court including but not limited to, the adult's spouse, custodian, guardian, or parent.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5126 | County Boards of Developmental Disabilities › Section 5126.311 | Requesting Review of Reports of Abuse or Neglect by Other Entities.

Effective:
October 6, 2009
Latest Legislation:
Senate Bill 79 - 128th General Assembly
(A) Notwithstanding the requirement of section 5126.31 of the Revised Code that a county board of developmental disabilities review reports of abuse and neglect, one of the following government entities, at the request of the county board or the department of developmental disabilities, shall review the report instead of the county board if circumstances specified in rules adopted under division (B) of this section exist:
(1) Another county board of developmental disabilities;
(2) The department;
(3) A regional council of government established pursuant to Chapter 167. of the Revised Code;
(4) Any other government entity authorized to investigate reports of abuse and neglect.
(B) The director of developmental disabilities shall adopt rules in accordance with Chapter 119. of the Revised Code specifying circumstances under which it is inappropriate for a county board to review reports of abuse and neglect.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5126 | County Boards of Developmental Disabilities › Section 5126.313 | Investigations.

Effective:
October 6, 2009
Latest Legislation:
Senate Bill 79 - 128th General Assembly
(A) After reviewing a report of abuse or neglect under section 5126.31 of the Revised Code or a report of a major unusual incident made in accordance with rules adopted under section 5123.612 of the Revised Code, a county board of developmental disabilities shall conduct an investigation if circumstances specified in rules adopted under division (B) of this section exist. If the circumstances specified in the rules exist, the county board shall conduct the investigation in the manner specified by the rules.
(B) The director of developmental disabilities shall adopt rules in accordance with Chapter 119. of the Revised Code specifying circumstances under which a county board shall conduct investigations under division (A) of this section and the manner in which the county board shall conduct the investigation.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5126 | County Boards of Developmental Disabilities › Section 5126.32 | Obstructing Review or Investigation.

Effective:
June 6, 2001
Latest Legislation:
House Bill 94 - 124th General Assembly
If during the course of the review conducted under section 5126.31 of the Revised Code or the investigation conducted under section 5126.313 of the Revised Code, any person denies or obstructs the board's access to the residence of the adult who is the subject of the review or investigation, the board may file a petition with the probate court of the county in which the residence is located for a temporary restraining order, in accordance with Civil Rule 65, to prevent the denial or obstruction of access. If the court finds reasonable cause to believe that the adult is abused or neglected and that access to the adult's residence has been denied or obstructed, the court shall issue a temporary order restraining the interference or obstruction. After the order has been obtained, at the request of the board, an officer of the law enforcement agency investigating the report shall accompany representatives of the board to the adult's residence.
If a person refuses to allow or interferes with the provision of services described in division (C) of section 5126.31 of the Revised Code to an adult who has consented to them, the county board may file a petition with the probate court of the county in which the adult resides for appropriate injunctive relief in accordance with Civil Rule 65.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5126 | County Boards of Developmental Disabilities › Section 5126.331 | Ex Parte Emergency Order.

Effective:
October 6, 2009
Latest Legislation:
Senate Bill 79 - 128th General Assembly
(A) A probate court, through a probate judge or magistrate, may issue by telephone an ex parte emergency order authorizing any of the actions described in division (B) of this section if all of the following are the case:
(1) The court receives notice from the county board of developmental disabilities, or an authorized employee of the board, that the board or employee believes an emergency order is needed as described in this section.
(2) The adult who is the subject of the notice is eligible to receive services or support under section 5126.041 of the Revised Code.
(3) There is reasonable cause to believe that the adult is incapacitated.
(4) There is reasonable cause to believe that there is a substantial risk to the adult of immediate physical harm or death.
(B) An order issued under this section may authorize the county board of developmental disabilities to do any of the following:
(1) Provide, or arrange for the provision of, emergency protective services for the adult;
(2) Remove the adult from the adult's place of residence or legal settlement;
(3) Remove the adult from the place where the abuse, neglect, or exploitation occurred.
(C) A court shall not issue an order under this section to remove an adult from a place described in division (B)(2) or (3) of this section until the court is satisfied that reasonable efforts have been made to notify the adult and any person with whom the adult resides of the proposed removal and the reasons for it, except that, the court may issue an order prior to giving the notice if one of the following is the case:
(1) Notification could jeopardize the physical or emotional safety of the adult.
(2) The notification could result in the adult being removed from the court's jurisdiction.
(D) An order issued under this section shall be in effect for not longer than twenty-four hours, except that if the day following the day on which the order is issued is a weekend-day or legal holiday, the order shall remain in effect until the next business day.
(E)(1) Except as provided in division (E)(2) of this section, not later than twenty-four hours after an order is issued under this section, the county board or employee that provided notice to the probate court shall file a complaint with the court in accordance with division (A) of section 5126.33 of the Revised Code.
(2) If the day following the day on which the order was issued is a weekend-day or a holiday, the county board or employee shall file the complaint with the probate court on the next business day.
(3) Except as provided in section 5126.332 of the Revised Code, proceedings on the complaint filed pursuant to this division shall be conducted in accordance with section 5126.33 of the Revised Code.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5126 | County Boards of Developmental Disabilities › Section 5126.332 | Probable Cause Hearing.

Effective:
January 30, 2004
Latest Legislation:
Senate Bill 178 - 125th General Assembly
(A) If an order is issued pursuant to section 5126.331 of the Revised Code, the court shall hold a hearing not later than twenty-four hours after the issuance to determine whether there is probable cause for the order, except that if the day following the day on which the order is issued is a weekend-day or legal holiday, the court shall hold the hearing on the next business day.
(B) At the hearing, the court:
(1) Shall consider the adult's choice of residence and determine whether protective services are the least restrictive alternative available for meeting the adult's needs;
(2) May issue temporary orders to protect the adult from immediate physical harm, including, but not limited to, temporary protection orders, evaluations, and orders requiring a party to vacate the adult's place of residence or legal settlement;
(3) May order emergency protective services.
(C) A temporary order issued pursuant to division (B)(2) of this section is effective for thirty days. The court may renew the order for an additional thirty-day period.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5126 | County Boards of Developmental Disabilities › Section 5126.333 | Investigation of Allegation of Substantial Risk.

Effective:
October 12, 2016
Latest Legislation:
House Bill 158 - 131st General Assembly
Any person who has reason to believe that there is a substantial risk to an adult with a developmental disability of immediate physical harm or death and that the responsible county board of developmental disabilities has failed to seek an order pursuant to section 5126.33 or 5126.331 of the Revised Code may notify the department of developmental disabilities. Within twenty-four hours of receipt of such notice, the department shall cause an investigation to be conducted regarding the notice. The department shall provide assistance to the county board to provide for the health and safety of the adult as permitted by law.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5126 | County Boards of Developmental Disabilities › Section 5126.34 | Training Standards for Reviewing Abuse and Neglect Reports.

Effective:
October 6, 2009
Latest Legislation:
Senate Bill 79 - 128th General Assembly
Each county board of developmental disabilities shall provide comprehensive, formal training for county board employees and other persons authorized to implement sections 5126.30 to 5126.34 of the Revised Code.
The department of developmental disabilities shall adopt rules establishing minimum standards for the training provided by county boards pursuant to this section. The training provided by the county boards shall meet the minimum standards prescribed by the rules.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5126 | County Boards of Developmental Disabilities › Section 5126.36 | Authorization Administer Medications and Perform Health-Related Activities and Tube Feedings.

Effective:
October 12, 2016
Latest Legislation:
House Bill 483 - 131st General Assembly
(A) As used in this section, "health-related activities" and "prescribed medication" have the same meanings as in section 5123.41 of the Revised Code.
(B) In accordance with sections 5123.42 and 5123.651 of the Revised Code, an employee of a county board of developmental disabilities or an entity under contract with the board who is not specifically authorized by other provisions of the Revised Code to administer medications, perform health-related activities, or provide assistance in the self-administration of prescribed medications may do so pursuant to the authority granted under those sections.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5126 | County Boards of Developmental Disabilities › Section 5126.40 | Supported Living.

Effective:
October 12, 2016
Latest Legislation:
House Bill 158 - 131st General Assembly
(A) Sections 5126.40 to 5126.47 of the Revised Code do not apply to medicaid-funded supported living.
(B) As used in sections 5126.40 to 5126.47 of the Revised Code, "provider" means a person or government entity certified by the director of developmental disabilities to provide supported living for individuals with developmental disabilities.
(C) On and after July 1, 1995, each county board of developmental disabilities shall plan and develop supported living for individuals with developmental disabilities who are residents of the county in accordance with sections 5126.41 to 5126.47 of the Revised Code.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5126 | County Boards of Developmental Disabilities › Section 5126.41 | Individual Service Plans.

Effective:
September 29, 2011
Latest Legislation:
House Bill 153 - 129th General Assembly
The county board of developmental disabilities shall identify residents of the county for whom supported living is to be provided. Identification of the residents shall be made in accordance with the priorities set under section 5126.04 of the Revised Code and the waiting lists established under section 5126.042 of the Revised Code. The board shall assist the residents in identifying their individual service needs.
To arrange supported living for an individual, the board shall assist the individual in developing an individual service plan. In developing the plan, the individual shall choose a residence that is appropriate according to local standards; the individuals, if any, with whom the individual will live in the residence; the services the individual needs to live in the individual's residence of choice; and the providers from which the services will be received. The choices available to an individual shall be based on available resources.
The board shall obtain the consent of the individual or the individual's guardian and the signature of the individual or guardian on the individual service plan. The county board shall ensure that the individual receives from the provider the services contracted for under section 5126.45 of the Revised Code.
An individual service plan for supported living shall be effective for a period of time agreed to by the county board and the individual. In determinating that period, the county board and the individual shall consider the nature of the services to be provided and the manner in which they are customarily provided.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5126 | County Boards of Developmental Disabilities › Section 5126.42 | Procedures for Resolution of Grievances.

Effective:
September 15, 2014
Latest Legislation:
House Bill 483 - 130th General Assembly
Each county board of developmental disabilities shall establish procedures for the resolution of grievances between the following:
(A) The board and providers;
(B) The board and an entity with which it has a shared funding agreement.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5126 | County Boards of Developmental Disabilities › Section 5126.43 | Supported Living Arrangements.

Effective:
September 15, 2014
Latest Legislation:
House Bill 483 - 130th General Assembly
(A) After receiving notice from the department of developmental disabilities of the amount of state funds to be distributed to it for planning, developing, contracting for, and providing supported living, the county board of developmental disabilities shall arrange for supported living on behalf of and with the consent of individuals based on their individual service plans developed under section 5126.41 of the Revised Code. With the state distribution and any other money designated by the board for supported living, the board shall arrange for supported living in one or more of the following ways:
(1) By contracting under section 5126.45 of the Revised Code with providers selected by the individual to be served;
(2) By entering into shared funding agreements with state agencies, local public agencies, or political subdivisions at rates negotiated by the board;
(3) By providing direct payment or vouchers to be used to purchase supported living, pursuant to a written contract in an amount determined by the board, to the individual or a person providing the individual with protective services as defined in section 5123.55 of the Revised Code.
(B) The board may arrange for supported living only with providers that are certified by the director of developmental disabilities.
When no certified provider is willing and able to provide supported living for an individual in accordance with the terms of the individual service plan for that individual, a county board may provide supported living directly if it is certified by the director of developmental disabilities to provide supported living.
A county board may, for a period not to exceed ninety days, contract for or provide supported living without meeting the requirements of this section for an individual it determines to be in emergency need of supported living. Thereafter, the individual shall choose providers in accordance with sections 5126.046 and 5126.41 of the Revised Code.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5126 | County Boards of Developmental Disabilities › Section 5126.45 | Contract With Provider of Supported Living.

Effective:
September 15, 2014
Latest Legislation:
House Bill 483 - 130th General Assembly
(A) A contract between a county board of developmental disabilities and a provider of supported living shall be in writing and shall be based on the individual service plan developed by the individual under section 5126.41 of the Revised Code. The plan may be submitted as an addendum to the contract. An individual receiving services pursuant to a contract shall be considered a third-party beneficiary to the contract.
(B) The contract shall be negotiated between the provider and the county board. The terms of the contract shall include at least the following:
(1) The contract period and conditions for renewal;
(2) The services to be provided pursuant to the individual service plan;
(3) The rights and responsibilities of all parties to the contract;
(4) The methods that will be used to evaluate the services delivered by the provider;
(5) Procedures for contract modification that ensure all parties affected by the modification are involved and agree;
(6) A process for resolving conflicts between individuals receiving services, the county board, and the provider, as applicable;
(7) Procedures for the retention of applicable records;
(8) Provisions for contract termination by any party involved that include requirements for an appropriate notice of intent to terminate the contract;
(9) Methods to be used to document services provided;
(10) Procedures for submitting reports required by the county board as a condition of receiving payment under the contract;
(11) The method and schedule the board will use to make payments to the provider and whether periodic payment adjustments will be made to the provider;
(12) Provisions for conducting fiscal reconciliations for payments made through methods other than a fee-for-service arrangement.
(C) Payments to the provider under a supported living contract must be determined by the county board to be reasonable in accordance with policies and procedures developed by the county board. Goods or services provided without charge to the provider shall not be included as expenditures of the provider.
(D) The county board shall establish procedures for reconciling expenditures and payments, other than those made under a fee-for-service arrangement, for the prior contract year when a contract is not renewed and shall reconcile expenditures and payments in accordance with these procedures.
(E) A provider or an entity with which the county board has entered into a shared funding agreement may seek resolution of grievances with the county board using the procedures established by the county board under section 5126.42 of the Revised Code.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5126 | County Boards of Developmental Disabilities › Section 5126.46 | Obligations to Provide Residential Services.

Effective:
October 12, 2016
Latest Legislation:
House Bill 158 - 131st General Assembly
(A) No county board of developmental disabilities shall be obligated to use any money other than money in the community developmental disabilities residential services fund to furnish residential services.
(B) Except with respect to a child required to be provided services pursuant to section 121.38 of the Revised Code, no court or other entity of state or local government shall order or otherwise require a county board of developmental disabilities to use money from local sources for residential services for an individual with a developmental disability or to arrange for residential services for such an individual unless a vacancy exists in an appropriate residential setting within the county.