Ohio Administrative Code › Title 5123 - Department of Developmental Disabilities › Chapter 5123-1 - Community Capital Assistance Funds › Section 5123-1-04 - Community capital assistance funds - development of licensed residential facilities

Current through all regulations passed and filed through July 1, 2024
(A)
								Purpose
This rule sets forth a process for the
				department to make available community capital assistance funds for boards of
				county commissioners, county boards of developmental disabilities, and
				nonprofit corporations to develop licensed residential facilities for
				individuals who are transitioning from developmental centers or converted
				facilities and who are enrolled in a home and community-based services waiver
				administered by the department.
(B)
								
			 Definitions
(1)
									
			 "Applicant" means any of the following who submit an application to the
			 department for state community capital assistance funds:
(a)
										A board of county
			 commissioners;
(b)
										A county board of developmental disabilities;
			 or
(c)
										A nonprofit corporation incorporated pursuant to
			 Chapter 1702. of the Revised Code, granted 501(c)(3) status by the internal
			 revenue service, and specifically chartered to provide a developmental
			 disability service when such service fulfills a public purpose as provided by
			 section 154.20 of the Revised Code. When
			 the applicant is a nonprofit corporation, the applicant shall submit with the
			 application, in addition to all other documents required by this rule, a copy
			 of its articles of incorporation, code of regulations, and a current list of
			 all directors, officers, and members.
(i)
											The articles of
			 incorporation shall contain, in addition to provisions otherwise required by
			 law, a specific statement of purpose that the corporation will provide a
			 developmental disability service.
(ii)
											The code of
			 regulations shall contain the following provisions in addition to those
			 specifically required by law:
(a)
												A provision stating that services will neither be
			 rendered nor denied on the basis of race, color, religion, national origin,
			 disability, age, or unless programmatically justifiable, sex;
(b)
												A provision that
			 upon dissolution of the corporation, if such dissolution occurs within the
			 length of the project agreement, the department or its successor shall be a
			 party to any judicial proceeding or dissolution agreement and that the
			 department or its successor may be a distributee under such order or agreement
			 to the extent of its participation and to the extent provided by law or the
			 project agreement which originally set forth disbursal of funds to the
			 corporation;
(c)
												A provision that no persons related by blood, marriage,
			 or adoption (to a degree of first cousin) shall constitute a majority of the
			 board of directors; and
(d)
												A provision requiring disclosure of potential conflicts
			 of interest of a director, procedures for determining whether there is a
			 conflict of interest, and establishing a course of action if a conflict of
			 interest is identified.