reglab/statecodes huggingface dataset:
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5123 | Department of Developmental Disabilities › Section 5123.162 | Applicant Survey to Determine if Standards Met.

Effective:
September 29, 2015
Latest Legislation:
House Bill 64 - 131st General Assembly
(A) The director of developmental disabilities may conduct surveys of persons and government entities that seek a supported living certificate to determine whether the persons and government entities meet the certification standards. The director may also conduct surveys of providers to determine whether the providers continue to meet the certification standards. The director may assign to a county board of developmental disabilities the responsibility to conduct either type of survey. Each survey shall be conducted in accordance with rules adopted under section 5123.1611 of the Revised Code.
(B) Following each survey of a provider, the director shall issue a report listing the date of the survey, any citations issued as a result of the survey, and the statutes or rules that purportedly have been violated and are the bases of the citations. The director shall also do both of the following:
(1) Specify a date by which the provider may appeal any of the citations;
(2) When appropriate, specify a timetable within which the provider must submit a plan of correction describing how the problems specified in the citations will be corrected and the date by which the provider anticipates the problems will be corrected.
(C) If the director initiates a proceeding to revoke a provider's certification, the director shall include the report required by division (B) of this section with the notice of the proposed revocation the director sends to the provider. In this circumstance, the provider may not submit a plan of correction.
(D) After a plan of correction is submitted, the director shall approve or disapprove the plan. If the plan of correction is approved, a copy of the approved plan shall be provided, not later than five business days after it is approved, to any person or government entity that requests it and made available on the internet web site maintained by the department of developmental disabilities. If the plan of correction is not approved and the director initiates a proceeding to revoke the provider's certification, a copy of the survey report shall be provided to any person or government entity that requests it and shall be made available on the internet web site maintained by the department.
(E) In addition to survey reports described in this section, all other records associated with surveys conducted under this section are public records for the purpose of section 149.43 of the Revised Code and shall be made available on the request of any person or government entity.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5123 | Department of Developmental Disabilities › Section 5123.163 | Term of Supported Living Certificate.

Effective:
September 29, 2015
Latest Legislation:
House Bill 64 - 131st General Assembly
A supported living certificate is valid for a period of time established in rules adopted under section 5123.1611 of the Revised Code, unless any of the following occur before the end of that period of time:
(A) The director of developmental disabilities issues an order requiring that action be taken against the certificate holder under section 5123.166 of the Revised Code.
(B) The director issues an order terminating the certificate under section 5123.168 of the Revised Code.
(C) The certificate holder voluntarily surrenders the certificate to the director.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5123 | Department of Developmental Disabilities › Section 5123.164 | Renewal of Supported Living Certificate.

Effective:
September 29, 2015
Latest Legislation:
House Bill 64 - 131st General Assembly
Except as provided in sections 5123.166 and 5123.169 of the Revised Code, the director of developmental disabilities shall renew a supported living certificate if the certificate holder follows the renewal process established in rules adopted under section 5123.1611 of the Revised Code, continues to meet the applicable certification standards established in those rules, and pays the renewal fee established in those rules.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5123 | Department of Developmental Disabilities › Section 5123.165 | Provision of Supported Living and Residence.

Effective:
October 12, 2016
Latest Legislation:
House Bill 158 - 131st General Assembly
(A) Except as provided in division (B) of this section, no person or government entity may provide supported living to an individual with a developmental disability if the person or government entity also provides the individual a residence.
(B) A person may provide supported living to an individual with a developmental disability even though the person also provides the individual a residence if either of the following apply:
(1) The person also resides in the residence with the individual and does not provide at any one time supported living to more than a total of three individuals with developmental disabilities who reside in that residence;
(2) The person is an association of family members related to two or more of the individuals with developmental disabilities who reside in the residence and does not provide at any one time supported living to more than a total of four individuals with developmental disabilities who reside in that residence.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5123 | Department of Developmental Disabilities › Section 5123.167 | Reapplication After Negative Adjudication on Certificate.

Effective:
September 29, 2015
Latest Legislation:
House Bill 64 - 131st General Assembly
If the director of developmental disabilities issues an adjudication order under section 5123.166 of the Revised Code refusing to issue a supported living certificate to a person or government entity, refusing to renew a person or government entity's supported living certificate, or revoking the person or government entity's supported living certificate, neither the person or government entity nor a related party of the person or government entity may apply for another supported living certificate earlier than the date that is five years after the date the order is issued. If a person or government entity's authority to provide medicaid-funded supported living is revoked or renewal of the authority is refused pursuant to section 5123.1610 of the Revised Code, neither the person or government entity nor a related party of the person or government entity may apply for authority to provide medicaid-funded supported living again earlier than the date this is five years after the date the authority is revoked or expired.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5123 | Department of Developmental Disabilities › Section 5123.168 | Termination of Certificate for Failure to Bill for Services.

Effective:
October 6, 2009
Latest Legislation:
Senate Bill 79 - 128th General Assembly
The director of developmental disabilities may issue an adjudication order in accordance with Chapter 119. of the Revised Code to terminate a supported living certificate if the certificate holder has not billed for supported living for twelve consecutive months.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5123 | Department of Developmental Disabilities › Section 5123.1610 | Termination or Refusal of Provider Agreement for Supported Living.

Effective:
October 12, 2016
Latest Legislation:
House Bill 483 - 131st General Assembly
(A) All of the following apply if the department of medicaid, pursuant to section 5164.38 of the Revised Code, refuses to enter into, terminates, or refuses to revalidate a provider agreement that authorizes a person or government entity to provide supported living under the medicaid program:
(1) In the case of a refusal to enter into a provider agreement, the person or government entity's application to provide medicaid-funded supported living under a supported living certificate is automatically denied on the date the department of medicaid refuses to enter into the provider agreement.
(2) In the case of a terminated provider agreement, the person or government entity's authority to provide medicaid-funded supported living under a supported living certificate is automatically revoked on the date that the provider agreement is terminated.
(3) In the case of a provider agreement that expires because the department of medicaid refuses to revalidate it, the person or government entity's authority to provide medicaid-funded supported living under a supported living certificate is automatically revoked on the date that the provider agreement expires, unless the expiration date of the provider agreement is the same as the expiration date of the supported living certificate, in which case the director of developmental disabilities shall refuse to renew the person or government entity's authority to provide medicaid-funded supported living under the certificate.
(B) The director of developmental disabilities is not required to issue an adjudication order in accordance with Chapter 119. of the Revised Code to do any of the following pursuant to this section:
(1) Deny a person or government entity's application to provide medicaid-funded supported living;
(2) Revoke a person or government entity's authority to provide medicaid-funded supported living;
(3) Refuse to renew a person or government entity's authority to provide medicaid-funded supported living.
(C) This section does not affect a person or government entity's opportunity or authority to do either of the following:
(1) Apply to provide nonmedicaid-funded supported living under a supported living certificate;
(2) Provide nonmedicaid-funded supported living under a supported living certificate.
Last updated May 6, 2021 at 5:17 PM
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5123 | Department of Developmental Disabilities › Section 5123.1611 | Rules Governing Supported Living Program.

Effective:
October 9, 2021
Latest Legislation:
House Bill 263, Senate Bill 3 - 134th General Assembly
The director of developmental disabilities shall adopt rules under Chapter 119. of the Revised Code establishing all of the following:
(A) The extent to which a county board of developmental disabilities may provide supported living;
(B) The application process for obtaining a supported living certificate under section 5123.161 of the Revised Code;
(C) The certification standards a person or government entity must meet to obtain a supported living certificate to provide supported living;
(D) The certification fee for a supported living certificate, which shall be deposited into the program fee fund created under section 5123.033 of the Revised Code;
(E) The period of time a supported living certificate is valid;
(F) The process for renewing a supported living certificate under section 5123.164 of the Revised Code;
(G) The renewal fee for a supported living certificate, which shall be deposited into the program fee fund created under section 5123.033 of the Revised Code;
(H) Procedures for conducting surveys under section 5123.162 of the Revised Code;
(I) Procedures for determining whether there is good cause to take action under section 5123.166 of the Revised Code against a person or government entity seeking or holding a supported living certificate;
(J) Circumstances under which the director may issue a supported living certificate to an applicant or renew an applicant's supported living certificate if the applicant is found by a criminal records check required by section 5123.169 of the Revised Code to have been convicted of, pleaded guilty to, or been found eligible for intervention in lieu of conviction for a disqualifying offense but meets standards in regard to rehabilitation set by the director.
Last updated October 20, 2021 at 11:23 AM
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5123 | Department of Developmental Disabilities › Section 5123.17 | Care Outside Institution.

Effective:
October 12, 2016
Latest Legislation:
House Bill 158 - 131st General Assembly
The department of developmental disabilities may provide for the custody, supervision, control, treatment, and training of persons with developmental disabilities elsewhere than within the enclosure of an institution under its jurisdiction, if the department so determines with respect to any individual or group of individuals. In all such cases, the department shall ensure adequate and proper supervision for the protection of those persons and of the public.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5123 | Department of Developmental Disabilities › Section 5123.171 | Respite Care Services.

Effective:
October 12, 2016
Latest Legislation:
House Bill 158 - 131st General Assembly
As used in this section, "respite care" means appropriate, short-term, temporary care provided to a person with a developmental disability to sustain the family structure or to meet planned or emergency needs of the family.
The department of developmental disabilities shall provide respite care services to persons with developmental disabilities for the purpose of promoting self-sufficiency and normalization, preventing or reducing inappropriate institutional care, and furthering the unity of the family by enabling the family to meet the special needs of a person with a developmental disability.
In order to be eligible for respite care services under this section, the person with a developmental disability must be in need of services that are part of habilitation, as defined in section 5126.01 of the Revised Code.
Respite care may be provided in a residential facility licensed under section 5123.19 of the Revised Code, including a residential facility certified as an ICF/IID, and a respite care home certified under section 5126.05 of the Revised Code.
The department shall develop a system for locating vacant beds that are available for respite care and for making information on vacant beds available to users of respite care services. ICFs/IID shall report vacant beds to the department but shall not be required to accept respite care clients.
The director of developmental disabilities shall adopt, and may amend or rescind, rules in accordance with Chapter 119. of the Revised Code for both of the following:
(A) Certification by county boards of developmental disabilities of respite care homes;
(B) Provision of respite care services authorized by this section. Rules adopted under this division shall establish all of the following:
(1) A formula for distributing funds appropriated for respite care services;
(2) Standards for supervision, training, and quality control in the provision of respite care services;
(3) Eligibility criteria for emergency respite care services.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5123 | Department of Developmental Disabilities › Section 5123.18 | Contracts With Person or Agency to Provide Services.

Effective:
October 12, 2016
Latest Legislation:
House Bill 158 - 131st General Assembly
The department of developmental disabilities may enter into a contract with a person or government agency to provide residential services to individuals with developmental disabilities in need of residential services. To be eligible to enter into a contract with the department under this section, a person or government entity and the home in which the residential services are provided must meet all applicable standards for licensing or certification by the appropriate government entity.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5123 | Department of Developmental Disabilities › Section 5123.192 | Licensing for Icf/iid After 7/1/2013.

Effective:
September 29, 2013
Latest Legislation:
House Bill 59 - 130th General Assembly
(A) A person or government agency operating, on September 10, 2012, an ICF/IID pursuant to a nursing home license issued under Chapter 3721. of the Revised Code shall do both of the following as a condition of continuing to operate the ICF/IID on and after July 1, 2013:
(1) Not later than February 1, 2013, apply to the director of developmental disabilities for a residential facility license under section 5123.19 of the Revised Code for the ICF/IID;
(2) Not later than July 1, 2013, obtain the residential facility license for the ICF/IID.
(B) The nursing home license of an ICF/IID shall cease to be valid at the earliest of the following:
(1) The date that the ICF/IID's nursing home license is revoked or voided under section 3721.07 of the Revised Code;
(2) The date that a residential facility license is obtained for the ICF/IID under section 5123.19 of the Revised Code;
(3) July 1, 2013.
(C) Except for existing nursing home beds not certified as ICF/IID beds and relocated in accordance with a move authorized by a certificate of need under Chapter 3702. of the Revised Code, no bed that is part of an ICF/IID that is licensed as a nursing home on September 10, 2012, may be used as part of a nursing home on and after the earlier of the following:
(1) The date that a residential facility license is obtained for the ICF/IID under section 5123.19 of the Revised Code;
(2) July 1, 2013.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5123 | Department of Developmental Disabilities › Section 5123.193 | Searchable Database of Vacancies in Licensed Residential Facilities.

Effective:
October 17, 2019
Latest Legislation:
House Bill 166 - 133rd General Assembly
The director of developmental disabilities shall include on the internet web site maintained by the department of developmental disabilities a searchable database of vacancies in licensed residential facilities. Each person or government entity operating a licensed residential facility shall provide current and accurate vacancy information to the department in accordance with procedures that the director shall establish.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5123 | Department of Developmental Disabilities › Section 5123.194 | Waiving Support Collection Requirements to Facilitate Independent Living.

Effective:
September 29, 2011
Latest Legislation:
House Bill 153 - 129th General Assembly
In the case of an individual who resides in a residential facility and is preparing to move into an independent living arrangement and the individual's liable relative, the department of developmental disabilities may waive the support collection requirements of sections 5121.04 and 5123.122 of the Revised Code for the purpose of allowing income or resources to be used to acquire items necessary for independent living. The department shall adopt rules in accordance with section 111.15 of the Revised Code to implement this section, including rules that establish the method the department shall use to determine when an individual is preparing to move into an independent living arrangement.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5123 | Department of Developmental Disabilities › Section 5123.196 | Maximum Number of Beds.

Effective:
October 12, 2016
Latest Legislation:
House Bill 158 - 131st General Assembly
(A) Except as provided in division (E) of this section, the director of developmental disabilities shall not issue a license under section 5123.19 of the Revised Code on or after July 1, 2003, if issuance will result in there being more beds in all residential facilities licensed under that section than is permitted under division (B) of this section.
(B) The maximum number of beds for the purpose of division (A) of this section shall not exceed ten thousand eight hundred thirty-eight minus, except as provided in division (C) of this section, both of the following:
(1) The number of such beds that cease to be residential facility beds on or after July 1, 2003, because a residential facility license is revoked, terminated, or not renewed for any reason or is surrendered in accordance with section 5123.19 of the Revised Code;
(2) The number of such beds for which a licensee voluntarily converts to use for supported living on or after July 1, 2003.
(C) The director is not required to reduce the maximum number of beds pursuant to division (B) of this section by a bed that ceases to be a residential facility bed if the director determines that the bed is needed to provide services to an individual with a developmental disability who resided in the residential facility in which the bed was located.
(D) The director shall maintain an up-to-date written record of the maximum number of residential facility beds provided for by division (B) of this section.
(E) The director may issue an interim license under division (Q) of section 5123.19 of the Revised Code and issue, pursuant to rules adopted under division (G)(9) of that section, a waiver allowing a residential facility to admit more residents than the facility is licensed to admit regardless of whether the interim license or waiver will result in there being more beds in all residential facilities licensed under that section than is permitted under division (B) of this section.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5123 | Department of Developmental Disabilities › Section 5123.197 | Initial Residential Facility License or Modification of Existing Facility License Not Required in Certain Instances.

Effective:
September 29, 2013
Latest Legislation:
House Bill 59 - 130th General Assembly
Neither an applicant for an initial residential facility license under section 5123.19 of the Revised Code nor an applicant for a modification of an existing residential facility license under that section is required to obtain approval of a plan for the proposed new residential facility or modification to the existing residential facility pursuant to section 5123.042 of the Revised Code if all of the following apply:
(A) The new residential facility or modification to the existing residential facility is to serve individuals who have diagnoses or special care needs for which a medicaid payment rate is set pursuant to section 5124.152 of the Revised Code;
(B) The medicaid director and director of developmental disabilities determine that there is a need under the medicaid program for the proposed new residential facility or modification to the existing residential facility and that approving the application for the initial residential facility license or modification to the existing residential facility license is fiscally prudent for the medicaid program;
(C) The director of budget and management notifies the medicaid director and director of developmental disabilities that the director of budget and management agrees with the directors' determination under division (B) of this section.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5123 | Department of Developmental Disabilities › Section 5123.20 | Prohibiting Operation Without License.

Effective:
October 12, 2016
Latest Legislation:
House Bill 158 - 131st General Assembly
No person or government agency shall operate a residential facility or receive an individual with a developmental disability as a resident of a residential facility unless the facility is licensed under section 5123.19 of the Revised Code, and no person or governmental agency shall operate a respite care home or receive an individual with a developmental disability in a respite care home unless the home is certified under section 5126.05 of the Revised Code.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5123 | Department of Developmental Disabilities › Section 5123.21 | Transfers.

Effective:
September 15, 2014
Latest Legislation:
House Bill 483 - 130th General Assembly
The director of developmental disabilities may transfer or authorize the transfer of an involuntary resident or a consenting voluntary resident from one public institution to another or to an institution other than a public institution or other facility, if the director determines that it would be consistent with the habilitation needs of the resident to do so.
Before an involuntary resident may be transferred to a more restrictive setting, the managing officer of the institution shall file a motion with the court requesting the court to amend its order of placement issued under section 5123.76 of the Revised Code. At the resident's request, the court shall hold a hearing on the motion at which the resident has the same rights as at a full hearing under section 5123.76 of the Revised Code.
Whenever a resident is transferred, the director shall give written notice of the transfer to the resident's legal guardian, parents, spouse, and counsel, or, if none is known, to the resident's nearest known relative or friend. If the resident is a minor, the director before making such a transfer shall make a minute of the order for the transfer and the reason for it upon its record and shall send a certified copy at least seven days prior to the transfer to the person shown by its record to have had the care or custody of the minor immediately prior to the minor's commitment. Whenever a consenting voluntary resident is transferred, the notification shall be given only at the resident's request. The managing officer shall advise a voluntary resident who is being transferred that the patient may decide if such a notification shall be given. In all such transfers, due consideration shall be given to the relationship of the resident to the resident's family, legal guardian, or friends, so as to maintain relationships and encourage visits beneficial to the resident.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5123 | Department of Developmental Disabilities › Section 5123.22 | Appropriating Property.

Effective:
October 6, 2009
Latest Legislation:
Senate Bill 79 - 128th General Assembly
When it is necessary for an institution under the jurisdiction of the department of developmental disabilities to acquire any real estate, right-of-way, or easement in real estate in order to accomplish the purposes for which it was organized or is being conducted, and the department is unable to agree with the owner of such property upon the price to be paid therefor, such property may be appropriated in the manner provided for the appropriation of property for other state purposes.
Any instrument by which real property is acquired pursuant to this section shall identify the agency of the state that has the use and benefit of the real property as specified in section 5301.012 of the Revised Code.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5123 | Department of Developmental Disabilities › Section 5123.221 | Cultivating Land - Purchases From Other Institutions.

Effective:
October 6, 2009
Latest Legislation:
Senate Bill 79 - 128th General Assembly
The department of developmental disabilities shall determine and direct what lands belonging to institutions under its control shall be cultivated.
The department of agriculture, the department of health, and the Ohio state university shall cooperate with the department of developmental disabilities, and the managing officer of each institution mentioned in section 5123.03 of the Revised Code, in making such cooperative tests as are necessary to determine the quality, strength, and purity of supplies, the value and use of farm lands, or the conditions and needs of mechanical equipment.
The department may direct the purchase of any materials, supplies, or other articles for any institution subject to its jurisdiction from any other such institution at the reasonable market value, such value to be fixed by the department, and payments therefor shall be made as between institutions in the manner provided for payment for supplies.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5123 | Department of Developmental Disabilities › Section 5123.24 | Businesses Located Near Institutions.

Effective:
October 6, 2009
Latest Legislation:
Senate Bill 79 - 128th General Assembly
A person, firm, or corporation may file a petition in the court of common pleas of the county in which an institution under the jurisdiction of the department of developmental disabilities is located, in which petition the desire to erect or carry on at a less distance than that prescribed in section 3767.19 of the Revised Code shall be set forth, the business prohibited, the precise point of its establishment, and the reasons and circumstances, in its opinion, why the erection or carrying on thereof would not annoy or endanger the health, convenience, or recovery of the residents of such institution. The petitioner shall give notice in a newspaper of general circulation in the county of the pendency and prayer of the petition for at least six consecutive weeks before the day set for hearing the petition and serve a written notice upon the superintendent of the institution at least thirty days before the day set for hearing the petition.
If, upon the hearing of the petition, it appears that the notice has been given as required and the court is of the opinion that no good reason exists why such establishment may not be erected or such business carried on and that by the erection or carrying on thereof at the point named, the institution will sustain no detriment, the court may issue an order granting the prayer of the petitioner. Thereafter the petitioner may locate such establishment or carry on such business at the point named in the petition.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5123 | Department of Developmental Disabilities › Section 5123.25 | Purchasing Supplies.

Effective:
October 6, 2009
Latest Legislation:
Senate Bill 79 - 128th General Assembly
The department of administrative services shall purchase all supplies needed for the proper support and maintenance of the institutions under the control of the department of developmental disabilities in accordance with the competitive selection procedures of Chapter 125. of the Revised Code and such rules as the department of administrative services adopts. All bids shall be publicly opened on the day and hour and at the place specified in the advertisement.
Preference shall be given to bidders in localities wherein the institution is located, if the price is fair and reasonable and not greater than the usual price.
The department of administrative services may require such security as it considers proper to accompany the bids and shall fix the security to be given by the contractor.
The department of administrative services may reject any or all bids and secure new bids, if for any reason it is considered for the best interest of the state to do so, and it may authorize the managing officer of any institution to purchase perishable goods and supplies for use in cases of emergency, in which cases the managing officer shall certify such fact in writing and the department of administrative services shall record the reasons for the purchases.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5123 | Department of Developmental Disabilities › Section 5123.26 | Funds.

Effective:
October 6, 2009
Latest Legislation:
Senate Bill 79 - 128th General Assembly
The treasurer of state shall have charge of all funds under the jurisdiction of the department of developmental disabilities and shall pay out the same only in accordance with Chapter 5123. of the Revised Code.
The department shall cause to be furnished a contract of indemnity to cover all moneys and funds received by it or by its managing officers, employees, or agents while such moneys or funds are in the possession of such managing officers, employees, or agents. Such funds are designated as follows:
(A) Funds which are due and payable to the treasurer of state as provided by Chapter 131. of the Revised Code;
(B) Those funds which are held in trust by the managing officers, employees, or agents of the institution as local funds or accounts under the jurisdiction of the department.
Such contract of indemnity shall be made payable to the state and the premium for such contract of indemnity may be paid from any of the funds received for the use of the department under this chapter or Chapter 5121. of the Revised Code.
Funds collected from various sources, such as the sale of goods, farm products, and all miscellaneous articles, shall be transmitted on or before Monday of each week to the treasurer of state and a detailed statement of such collections shall be made to the division of business administration by each managing officer.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5123 | Department of Developmental Disabilities › Section 5123.29 | Industrial and Entertainment Fund - Commissary Fund.

Effective:
October 6, 2009
Latest Legislation:
Senate Bill 79 - 128th General Assembly
Each managing officer of an institution under the jurisdiction of the department of developmental disabilities, with the approval of the director of developmental disabilities, may establish funds in the institutions under the jurisdiction of the department, designated as follows:
(A) Industrial and entertainment fund for the entertainment and welfare of the residents of the institution.
(B) Commissary fund for the benefit of residents of the institution. Commissary revenue in excess of operating costs and reserve shall be considered profits. All profits from the commissary fund operations shall be paid into the industrial and entertainment fund, and used only for the entertainment and welfare of residents.
The director shall establish rules for the operation of the industrial and entertainment and commissary funds.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5123 | Department of Developmental Disabilities › Section 5123.30 | Books and Accounts.

Effective:
October 6, 2009
Latest Legislation:
Senate Bill 79 - 128th General Assembly
The department of developmental disabilities shall keep in its office a proper and complete set of books and accounts with each institution, which shall clearly show the nature and amount of every expenditure authorized and made at such institution, and which shall contain an account of all appropriations made by the general assembly and of all other funds, together with the disposition of such funds.
The department shall prescribe the form of vouchers, records, and methods of keeping accounts at each of the institutions, which shall be as nearly uniform as possible. The department may examine the records of any institution at any time.
The department may authorize any of its bookkeepers, accountants, or employees to examine the records, accounts, and vouchers or take an inventory of the property of any institution, or do whatever is necessary, and pay the actual and reasonable expenses incurred in such service when an itemized account is filed and approved.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5123 | Department of Developmental Disabilities › Section 5123.31 | Confidentiality.

Effective:
September 29, 2015
Latest Legislation:
House Bill 141 - 131st General Assembly
(A) The department of developmental disabilities shall keep a record showing the name, residence, sex, age, nativity, occupation, condition, and date of entrance or commitment of every resident in the institutions governed by it, the date, cause, and terms of discharge and the condition of such person at the time of leaving, and also a record of all transfers from one institution to another, and, if such person dies while in the care or custody of the department, the date and cause of death. These and such other facts as the department requires shall be furnished by the managing officer of each institution within ten days after the commitment, entrance, death, or discharge of a resident.
Except as provided in division (C) of this section, the department shall maintain the records described in this division in its office. The department shall make the records accessible only to its employees, except by the consent of the department or the order of the judge of a court of record.
(B) In case of an accident or injury or peculiar death of an institution resident the managing officer shall make a special report to the department within twenty-four hours thereafter, giving the circumstances as fully as possible.
(C) After a period of time determined by the department, the records described in division (A) of this section may be deposited with the Ohio history connection. Neither the records nor the information contained in them shall be disclosed by the Ohio history connection, except as provided in section 5123.89 of the Revised Code.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5123 | Department of Developmental Disabilities › Section 5123.33 | Annual Report.

Effective:
October 6, 2009
Latest Legislation:
Senate Bill 79 - 128th General Assembly
In its annual report, the department of developmental disabilities shall include a list of the officers and agents employed, and complete financial statement of the various institutions under its control. The report shall describe the condition of each institution, and shall state, as to each institution, whether:
(A) The moneys appropriated have been economically and judiciously expended;
(B) The objects of the institutions have been accomplished;
(C) The laws in relation to such institutions have been fully complied with;
(D) All parts of the state are equally benefited by the institutions.
Such annual report shall be accompanied by the reports of the managing officers, such other information as the department considers proper, and the department's recommendations for the more effective accomplishment of the general purpose of this chapter.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5123 | Department of Developmental Disabilities › Section 5123.34 | Liberal Construction of Chapter.

Effective:
October 12, 2016
Latest Legislation:
House Bill 158 - 131st General Assembly
This chapter attempts to do all of the following:
(A) Provide humane and scientific treatment and care and the highest attainable degree of individual development for persons with developmental disabilities;
(B) Promote the study of the causes of developmental disabilities, with a view to ultimate prevention;
(C) Secure by uniform and systematic management the highest attainable degree of economy in the administration of the institutions under the control of the department of developmental disabilities.
Sections 5123.02 to 5123.04, 5123.042, 5123.043, 5123.10, 5123.21, 5123.221, 5123.25, and 5123.31 of the Revised Code shall be liberally construed to attain these purposes.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5123 | Department of Developmental Disabilities › Section 5123.351 | Eligibility for State Reimbursement of Expenses Incurred by Facilities and Programs.

Effective:
October 12, 2016
Latest Legislation:
House Bill 158 - 131st General Assembly
The director of developmental disabilities, with respect to the eligibility for state reimbursement of expenses incurred by facilities and programs established and operated under Chapter 5126. of the Revised Code for persons with developmental disabilities, shall do all of the following:
(A) Make rules that may be necessary to carry out the purposes of Chapter 5126. and sections 5123.35, 5123.351, and 5123.36 of the Revised Code;
(B) Define minimum standards for qualifications of personnel, professional services, and in-service training and educational leave programs;
(C) Review and evaluate community programs and make recommendations for needed improvements to county boards of developmental disabilities and to program directors;
(D) Withhold state reimbursement, in whole or in part, from any county or combination of counties for failure to comply with Chapter 5126. or section 5123.35 or 5123.351 of the Revised Code or rules of the department of developmental disabilities;
(E) Withhold state funds from an agency, corporation, or association denying or rendering service on the basis of race, color, sex, religion, ancestry, national origin, disability as defined in section 4112.01 of the Revised Code, or inability to pay;
(F) Provide consultative staff service to communities to assist in ascertaining needs and in planning and establishing programs.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5123 | Department of Developmental Disabilities › Section 5123.352 | Community Developmental Disabilities Trust Fund.

Effective:
September 29, 2011
Latest Legislation:
House Bill 153 - 129th General Assembly
There is hereby created in the state treasury the community developmental disabilities trust fund. The director of developmental disabilities, not later than sixty days after the end of each fiscal year, shall certify to the director of budget and management the amount of all the unexpended, unencumbered balances of general revenue fund appropriations made to the department of developmental disabilities for the fiscal year, excluding appropriations for rental payments to the Ohio public facilities commission, and the amount of any other funds held by the department in excess of amounts necessary to meet the department's operating costs and obligations pursuant to this chapter and Chapter 5126. of the Revised Code. On receipt of the certification, the director of budget and management shall transfer cash to the trust fund in an amount up to, but not exceeding, the total of the amounts certified by the director of developmental disabilities, except in cases in which the transfer will involve more than twenty million dollars. In such cases, the director of budget and management shall notify the controlling board and must receive the board's approval of the transfer prior to making the transfer.
All moneys in the trust fund shall be used for purposes specified in section 5123.0418 of the Revised Code.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5123 | Department of Developmental Disabilities › Section 5123.36 | State Participation in Developmental Disability Construction Programs.

Effective:
October 12, 2016
Latest Legislation:
House Bill 158 - 131st General Assembly
(A) To the extent funds are available and on application by a county board of developmental disabilities or private nonprofit agency incorporated to provide developmental disability services, the director of developmental disabilities may enter into an agreement with the county board or agency to assist the county board or agency with a developmental disability construction project. Except as provided by division (B) of this section, the director may provide up to ninety per cent of the total project cost where circumstances warrant. The director may, where circumstances warrant, use existing facilities or other in-kind match for the local share of the communities' share of the cost.
(B) Upon the recommendation of the director, for projects of the highest priority of the department of developmental disabilities, the controlling board may authorize the director to provide more than ninety per cent of the total cost of a project under this section.
(C) A county board is eligible for funds under this section for a project bid on or after January 1, 1992, under either section 153.07 or 307.86 of the Revised Code, as long as all other applicable requirements were followed.
(D) A private nonprofit agency that receives funds pursuant to this section for the construction of a single-family home, including, where appropriate, the acquisition and installation of a single-family home fabricated in an off-site facility, is not subject to the requirements of Chapter 153. of the Revised Code with respect to the construction project, notwithstanding any provision of that chapter to the contrary.
(E) The director may not assist a project under this section unless the controlling board or director of budget and management also approves the project pursuant to section 126.14 of the Revised Code.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5123 | Department of Developmental Disabilities › Section 5123.37 | Application to Sell Facility and Acquire Replacement.

Effective:
October 12, 2016
Latest Legislation:
House Bill 158 - 131st General Assembly
A county board of developmental disabilities or private, nonprofit agency that receives state funds pursuant to an agreement with the director of developmental disabilities under section 5123.36 of the Revised Code to acquire a facility may apply to the director for approval to sell the facility before the terms of the agreement expire for the purpose of acquiring a replacement facility to be used to provide developmental disability services to individuals the county board or agency serves. The application shall be made on a form the director shall prescribe. The county board or agency shall include in the application the specific purpose for which the replacement facility is to be used. The director may refuse to approve the application if the director determines that any of the following apply:
(A) The application is incomplete or indicates that the county board or agency is unable to purchase a replacement facility.
(B) The replacement facility would not be used to continue to provide developmental disability services that the director determines are appropriate for the individuals the county board or agency serves.
(C) The county board or agency has failed to comply with a provision of Chapter 5123. or 5126. of the Revised Code or a rule adopted by the director.
(D) Approving the application would be inconsistent with the plans and priorities of the department of developmental disabilities.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5123 | Department of Developmental Disabilities › Section 5123.371 | Payment to Director After Sale of Facility.

Effective:
October 6, 2009
Latest Legislation:
Senate Bill 79 - 128th General Assembly
If the director of developmental disabilities approves an application submitted under section 5123.37 of the Revised Code, the county board of developmental disabilities or private, nonprofit agency that submitted the application shall, after selling the facility for which the county board or agency received approval to sell, pay to the director the portion of the proceeds that equals the amount that the director determines the county board or agency owes the department of developmental disabilities, including the department's security interest in the facility, for the state funds used to acquire the facility.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5123 | Department of Developmental Disabilities › Section 5123.372 | Deadline for Acquisition of Replacement Facility.

Effective:
October 6, 2009
Latest Legislation:
Senate Bill 79 - 128th General Assembly
If the director of developmental disabilities approves an application submitted under section 5123.37 of the Revised Code, the director shall establish a deadline by which the county board of developmental disabilities or private, nonprofit agency that submitted the application must notify the director that the county board or agency is ready to acquire a replacement facility to be used for the purpose stated in the application. The director may extend the deadline as many times as the director determines necessary.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5123 | Department of Developmental Disabilities › Section 5123.373 | Agreement to Pay Percentage of Cost of Acquisition.

Effective:
October 6, 2009
Latest Legislation:
Senate Bill 79 - 128th General Assembly
If, on or before the deadline or, if any, the last extended deadline established under section 5123.372 of the Revised Code for a county board of developmental disabilities or private, nonprofit agency, the county board or agency notifies the director of developmental disabilities that the county board or agency is ready to acquire the replacement facility, the director shall enter into an agreement with the county board or agency that provides for the director to pay to the county board or agency a percentage of the cost of acquiring the replacement facility. The agreement shall specify the amount that the director shall pay. The amount may be the amount of the security interest that the department of developmental disabilities had in the previous facility or a different amount. The agreement may provide for the department to hold a security interest in the replacement facility.