Ohio Administrative Code › Title 5123 - Department of Developmental Disabilities › Chapter 5123-4 - County Boards of Developmental Disabilities › Section 5123-4-01 - Administration and operation of county boards of developmental disabilities

Current through all regulations passed and filed through July 1, 2024
(A) Purpose
This rule establishes standards for the administration and
				operation of county boards of developmental disabilities that protect the
				rights of individuals and ensure the safe and equitable provision of services
				to eligible individuals and their families.
(B) Definitions
For the purposes of this rule, the following definitions
				apply:
(1) "Adult services" has the
			 same meaning as in section
			 5126.01 of the Revised
			 Code.
(2) "County board" means a
			 county board of developmental disabilities.
(3) "Department" means the Ohio department of
			 developmental disabilities.
(4)
			 "Developmental delay" means that a child has not reached developmental
			 milestones expected for 
									the child's chronological age as measured by
			 qualified professionals using appropriate diagnostic instruments and/or
			 procedures.
(a) For children birth through age
			 two, developmental delay 
										will be established in accordance with part C and
			 rules promulgated by the department.
(b) For children age three through age five,
			 developmental delay 
										will be established 
										consistent with rules
			 promulgated by the 
										state department responsible for
			 implementation of part B of the Individuals with Disabilities Education
			 Act.
(5)
			 "Developmental disability" means a severe, chronic disability that is
			 characterized by all of the following:
(a) It
			 is attributable to a mental or physical impairment or a combination of mental
			 and physical impairments, other than a mental or physical impairment solely
			 caused by mental illness as defined in division (A) of section
			 5122.01 of the Revised
			 Code;
(b) It is manifested before
			 age twenty-two;
(c) It is likely to
			 continue indefinitely;
(d) It
			 results in one of the following:
(i) In the
			 case of a person birth through age two, at least one developmental delay or a
			 diagnosed physical or mental condition that has a high probability of resulting
			 in a developmental delay;
(ii) In
			 the case of a person age three through age five, at least two developmental
			 delays in one or more of the following areas of
			 development: physical development, cognitive development, communication
			 development, social or emotional development, and adaptive development;
			 or
(iii) In the case of a person
			 age six or older, a substantial functional limitation in at least three of the
			 following areas of major life activity, as appropriate for
			 
											the
			 person's age: selfcare, receptive and expressive language, learning,
			 mobility, selfdirection, capacity for independent living, and, if the person is
			 age sixteen or older, capacity for economic self-sufficiency; and
(e) It causes the person to need a
			 combination and sequence of special, interdisciplinary, or other type of care,
			 treatment, or provision of services for an extended period of time that is
			 individually planned and coordinated for the person.
(6) "Early intervention services" means
			 developmental services selected in collaboration with the parents of a child
			 birth through age two who is eligible for services under part C, and designed
			 to meet the developmental needs of the child and the needs of the child's
			 family to assist appropriately in the child's development as identified in the
			 individualized family service plan.
(7) "Early intervention system" means Ohio's
			 statewide, coordinated, comprehensive, interagency system for which the
			 department is the lead agency, that promotes transdisciplinary, family-centered
			 services and supports to eligible children birth through age two and their
			 families in accordance with part C.
(8) "Family support services" means a family
			 support services program described in and administered pursuant to section
			 5126.11 of the Revised
			 Code.
(9) "Home and community-based
			 services" has the same meaning as in section
			 5123.01 of the Revised
			 Code.
(10) "Individual" means a
			 person with a developmental disability or for purposes of giving, refusing to
			 give, or withdrawing consent for services, 
									the person's guardian in accordance
			 with section 5126.043 of the Revised
			 Code.
(11) "Individual service
			 plan" means the written description of services, supports, and activities to be
			 provided to an individual.
(12)
			 "Individualized family service plan" means the written plan for providing early
			 intervention services to an eligible child and the child's family.
(13) "Intermediate care facility for
			 individuals with intellectual disabilities" has the same meaning as in section
			 5124.01 of the Revised
			 Code.
(14) "Medicaid local
			 administrative authority" has the same meaning as in section
			 5126.055 of the Revised
			 Code.
(15) "Part C" means part C of
			 the Individuals with Disabilities Education Act,
			 20 U.S.C.
			 1431 through
			 1445, as in effect on the
			 effective date of this rule, and 34 C.F.R. part 303, as in effect on the
			 effective date of this rule.
(16)
			 "Service and support administration" means the duties performed by a service
			 and support administrator pursuant to section
			 5126.15 of the Revised
			 Code.
(17)
									"Specialized transportation" means transportation services
			 which:
(a)
										Are
			 arranged or provided by a county board to meet the needs of an individual who
			 is eligible for county board services;
(b)
										Are not funded
			 through a home and community-based services waiver; and
(c)
										Are not services
			 available to, and used primarily by, the general public.