Ohio Administrative Code › Title 5123:2 - Community Services › Chapter 5123:2-1 - County Boards of Developmental Disabilities › Section 5123:2-1-02 - Administration and operation of county boards of developmental disabilities

Current through all regulations passed and filed through July 1, 2024
(A)
								 Purpose
The purpose of this rule is to
				establish 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
(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
			 his or her chronological age as measured by qualified professionals using
			 appropriate diagnostic instruments and/or procedures.
(a)
										 For children
			 under age three, developmental delay shall be established in accordance with
			 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,
			 34 C.F.R.
			 303.10, as in effect on the effective date of
			 this rule, and rules promulgated by the Ohio department of
			 health.
(b)
										 For children age three through age five, developmental
			 delay shall be established in accordance with rules promulgated by the Ohio
			 department of education.
(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 under age three, 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;
			 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 his or her age: self-care, receptive
			 and expressive language, learning, mobility, self-direction, 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 an infant or toddler
			 birth through age two who is eligible for services under 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, and designed to meet the developmental needs of
			 the infant or toddler and the needs of the family to assist appropriately in
			 the infant's or toddler's development as identified by the individual family
			 service planning team.
(7)
									 "Family support services" means a family support
			 services program described in and administered pursuant to section
			 5126.11 of the Revised
			 Code.
(8)
									 "Help Me Grow" means Ohio's coordinated,
			 community-based system that promotes transdisciplinary, family-centered
			 services and supports to eligible expectant parents, newborns, and infants and
			 toddlers birth through age two and their families. The system is directed by
			 the Ohio department of health.
(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.
(11)
									 "Intermediate care facility" means an intermediate
			 care facility for individuals with intellectual disabilities as defined in rule
			 5123:2-7-01
			 of the Administrative Code.
(12)
									 "Medicaid local
			 administrative authority" has the same meaning as in section
			 5126.055 of the Revised
			 Code.
(13)
									 "Service and support administration" means the duties
			 performed by a service and support administrator pursuant to section
			 5126.15 of the Revised
			 Code.