As Passed by the Senate                       1            

123rd General Assembly                                             4            

   Regular Session                        Sub. H. B. No. 538       5            

      1999-2000                                                    6            


REPRESENTATIVES CALVERT-CLANCY-TIBERI-BUEHRER-AMSTUTZ-ASLANIDES-   8            

 FORD-VERICH-HARTNETT-JONES-O'BRIEN-ROMAN-BOYD-AUSTRIA-SALERNO-    9            

   KRUPINSKI-PATTON-A. CORE-WIDENER-OLMAN-WINKLER-JERSE-HOOPS-     10           

TERWILLEGER-BRITTON-BARRETT-SENATORS SPADA-KEARNS-DRAKE- GARDNER   12           


_________________________________________________________________   14           

                          A   B I L L                                           

             To amend sections 109.57, 109.572, 2108.50, 2111.13,  16           

                5123.01, 5123.02, 5123.041, 5123.042, 5123.05,     17           

                5123.082, 5123.09, 5123.092, 5123.11, 5123.17,     18           

                5123.18, 5123.181, 5123.183, 5123.19, 5123.21,                  

                5123.27, 5123.34, 5123.351, 5123.353, 5123.55,     19           

                5123.62, 5123.63, 5123.64, 5123.67, 5123.801,                   

                5123.85, 5123.89, 5123.93, 5126.02, 5126.023,      20           

                5126.042, 5126.044, 5126.081, 5126.082, 5126.12,   21           

                5126.13, 5126.28, 5126.281, and 5126.357; to                    

                amend, for the purpose of adopting new section     22           

                numbers as indicated in parentheses, sections      23           

                5123.05 (5123.06) and 5123.183 (5123.051); to      24           

                enact new sections 5123.05, 5123.081, and                       

                5126.252 and sections 5123.611, 5123.612,          25           

                5123.613, 5126.311, and 5126.312; and to repeal    26           

                sections 5123.081, 5123.16, 5123.231, and                       

                5126.252 of the Revised Code to revise the law     27           

                governing the Department of Mental Retardation                  

                and Developmental Disabilities and county boards   28           

                of mental retardation and developmental            29           

                disabilities and the law governing criminal                     

                records checks conducted by the Bureau of          30           

                Criminal Identification and Investigation.                      

                                                          2      


                                                                 
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        32           

      Section 1.  That sections 109.57, 109.572, 2108.50,          34           

2111.13, 5123.01, 5123.02, 5123.041, 5123.042, 5123.05, 5123.082,  35           

5123.09, 5123.092, 5123.11, 5123.17, 5123.18, 5123.181, 5123.183,  36           

5123.19, 5123.21, 5123.27, 5123.34, 5123.351, 5123.353, 5123.55,   37           

5123.62, 5123.63, 5123.64, 5123.67, 5123.801, 5123.85, 5123.89,    38           

5123.93, 5126.02, 5126.023, 5126.042, 5126.044, 5126.081,          41           

5126.082, 5126.12, 5126.13, 5126.28, 5126.281, and 5126.357 be     42           

amended; sections 5123.05 (5123.06) and 5123.183 (5123.051) be     43           

amended for the purpose of adopting new section numbers as         44           

indicated in parentheses; and new sections 5123.05, 5123.081, and  45           

5126.252 and sections 5123.611, 5123.612, 5123.613, 5126.311, and  46           

5126.312 of the Revised Code be enacted to read as follows:        47           

      Sec. 109.57.  (A)(1)  The superintendent of the bureau of    58           

criminal identification and investigation shall procure from       59           

wherever procurable and file for record photographs, pictures,     61           

descriptions, fingerprints, measurements, and other information    62           

that may be pertinent of all persons who have been convicted of    63           

committing within this state a felony, any crime constituting a    65           

misdemeanor on the first offense and a felony on subsequent                     

offenses, or any misdemeanor described in division (A)(1)(a) of    67           

section 109.572 of the Revised Code, of all children under         68           

eighteen years of age who have been adjudicated delinquent         69           

children for committing within this state an act that would be a   70           

felony or an offense of violence if committed by an adult or who   71           

have been convicted of or pleaded guilty to committing within      73           

this state a felony or an offense of violence, and of all          74           

well-known and habitual criminals.  The person in charge of any    76           

county, multicounty, municipal, municipal-county, or               77           

multicounty-municipal jail or workhouse, community-based           78           

correctional facility, halfway house, alternative residential      79           

facility, or state correctional institution and the person in      80           

charge of any state institution having custody of a person         81           

suspected of having committed a felony, any crime constituting a   83           

                                                          3      


                                                                 
misdemeanor on the first offense and a felony on subsequent                     

offenses, or any misdemeanor described in division (A)(1)(a) of    85           

section 109.572 of the Revised Code or having custody of a child                

under eighteen years of age with respect to whom there is          86           

probable cause to believe that the child may have committed an     88           

act that would be a felony or an offense of violence if committed  90           

by an adult shall furnish such material to the superintendent of   92           

the bureau.  Fingerprints, photographs, or other descriptive       94           

information of a child who is under eighteen years of age, has     95           

not been arrested or otherwise taken into custody for committing                

an act that would be a felony or an offense of violence if         97           

committed by an adult, has not been adjudicated a delinquent       98           

child for committing an act that would be a felony or an offense   99           

of violence if committed by an adult, has not been convicted of    100          

or pleaded guilty to committing a felony or an offense of          103          

violence, and is not a child with respect to whom there is                      

probable cause to believe that the child may have committed an     105          

act that would be a felony or an offense of violence if committed  107          

by an adult shall not be procured by the superintendent or         108          

furnished by any person in charge of any county, multicounty,      110          

municipal, municipal-county, or multicounty-municipal jail or      111          

workhouse, community-based correctional facility, halfway house,   112          

alternative residential facility, or state correctional            113          

institution, except as authorized in section 2151.313 of the       114          

Revised Code.                                                                   

      (2)  Every clerk of a court of record in this state, other   117          

than the supreme court or a court of appeals, shall send to the    118          

superintendent of the bureau a weekly report containing a summary  120          

of each case involving a felony, involving any crime constituting  121          

a misdemeanor on the first offense and a felony on subsequent      123          

offenses, involving a misdemeanor described in division (A)(1)(a)  124          

of section 109.572 of the Revised Code, or involving an            125          

adjudication in a case in which a child under eighteen years of    126          

age was alleged to be a delinquent child for committing an act     128          

                                                          4      


                                                                 
that would be a felony or an offense of violence if committed by   129          

an adult.  The clerk of the court of common pleas shall include    131          

in the report and summary the clerk sends under this division all  132          

information described in divisions (A)(2)(a) to (f) of this        133          

section regarding a case before the court of appeals that is       134          

served by that clerk.  The summary shall be written on the         135          

standard forms furnished by the superintendent pursuant to         137          

division (B) of this section and shall include the following       138          

information:                                                                    

      (a)  The incident tracking number contained on the standard  140          

forms furnished by the superintendent pursuant to division (B) of  141          

this section;                                                      142          

      (b)  The style and number of the case;                       144          

      (c)  The date of arrest;                                     146          

      (d)  The date that the person was convicted of or pleaded    148          

guilty to the offense, adjudicated a delinquent child for          149          

committing the act that would be a felony or an offense of         152          

violence if committed by an adult, found not guilty of the                      

offense, or found not to be a delinquent child for committing an   153          

act that would be a felony or an offense of violence if committed  156          

by an adult, the date of an entry dismissing the charge, an entry  158          

declaring a mistrial of the offense in which the person is         159          

discharged, an entry finding that the person or child is not                    

competent to stand trial, or an entry of a nolle prosequi, or the  160          

date of any other determination that constitutes final resolution  161          

of the case;                                                                    

      (e)  A statement of the original charge with the section of  163          

the Revised Code that was alleged to be violated;                  164          

      (f)  If the person or child was convicted, pleaded guilty,   166          

or was adjudicated a delinquent child, the sentence or terms of    168          

probation imposed or any other disposition of the offender or the  169          

delinquent child.                                                               

      If the offense involved the disarming of a law enforcement   171          

officer or an attempt to disarm a law enforcement officer, the     172          

                                                          5      


                                                                 
clerk shall clearly state that fact in the summary, and the        173          

superintendent shall ensure that a clear statement of that fact    174          

is placed in the bureau's records.                                              

      (3)  The superintendent shall cooperate with and assist      176          

sheriffs, chiefs of police, and other law enforcement officers in  178          

the establishment of a complete system of criminal identification  179          

and in obtaining fingerprints and other means of identification    180          

of all persons arrested on a charge of a felony, any crime         181          

constituting a misdemeanor on the first offense and a felony on    182          

subsequent offenses, or a misdemeanor described in division        183          

(A)(1)(a) of section 109.572 of the Revised Code and of all        184          

children under eighteen years of age arrested or otherwise taken   186          

into custody for committing an act that would be a felony or an    188          

offense of violence if committed by an adult.  The superintendent  190          

also shall file for record the fingerprint impressions of all      191          

persons confined in a county, multicounty, municipal,              192          

municipal-county, or multicounty-municipal jail or workhouse,                   

community-based correctional facility, halfway house, alternative  194          

residential facility, or state correctional institution for the    195          

violation of state laws and of all children under eighteen years   197          

of age who are confined in a county, multicounty, municipal,       198          

municipal-county, or multicounty-municipal jail or workhouse,      199          

community-based correctional facility, halfway house, alternative  200          

residential facility, or state correctional institution or in any  202          

facility for delinquent children for committing an act that would  204          

be a felony or an offense of violence if committed by an adult,    205          

and any other information that the superintendent may receive      207          

from law enforcement officials of the state and its political      208          

subdivisions.                                                                   

      (4)  The superintendent shall carry out Chapter 2950. of     210          

the Revised Code with respect to the registration of persons who   213          

are convicted of or plead guilty to a sexually oriented offense    214          

and with respect to all other duties imposed on the bureau under   215          

that chapter.                                                                   

                                                          6      


                                                                 
      (B)  The superintendent shall prepare and furnish to every   217          

county, multicounty, municipal, municipal-county, or               218          

multicounty-municipal jail or workhouse, community-based           219          

correctional facility, halfway house, alternative residential      220          

facility, or state correctional institution and to every clerk of  221          

a court in this state specified in division (A)(2) of this         222          

section standard forms for reporting the information required      223          

under division (A) of this section.  The standard forms that the   225          

superintendent prepares pursuant to this division may be in a      226          

tangible format, in an electronic format, or in both tangible      227          

formats and electronic formats.                                                 

      (C)  The superintendent may operate a center for             229          

electronic, automated, or other data processing for the storage    230          

and retrieval of information, data, and statistics pertaining to   231          

criminals and to children under eighteen years of age who are      232          

adjudicated delinquent children for committing an act that would   234          

be a felony or an offense of violence if committed by an adult,    235          

criminal activity, crime prevention, law enforcement, and          238          

criminal justice, and may establish and operate a statewide                     

communications network to gather and disseminate information,      239          

data, and statistics for the use of law enforcement agencies.      240          

The superintendent may gather, store, retrieve, and disseminate    242          

information, data, and statistics that pertain to children who                  

are under eighteen years of age and that are gathered pursuant to  243          

sections 109.57 to 109.61 of the Revised Code together with        244          

information, data, and statistics that pertain to adults and that  245          

are gathered pursuant to those sections.                           246          

      (D)  The information and materials furnished to the          248          

superintendent pursuant to division (A) of this section and        249          

information and materials furnished to any board or person under   250          

division (F) or (G) of this section are not public records under   251          

section 149.43 of the Revised Code.                                252          

      (E)  The attorney general shall adopt rules, in accordance   254          

with Chapter 119. of the Revised Code, setting forth the           255          

                                                          7      


                                                                 
procedure by which a person may receive or release information     256          

gathered by the superintendent pursuant to division (A) of this    258          

section.  A reasonable fee may be charged for this service.  If a  259          

temporary employment service submits a request for a               260          

determination of whether a person the service plans to refer to    261          

an employment position has been convicted of or pleaded guilty to  262          

an offense listed in division (A)(1), (3), (4), or (5) of section  263          

109.572 of the Revised Code, the request shall be treated as a     264          

single request and only one fee shall be charged.                  265          

      (F)(1)  As used in division (F)(2) of this section, "head    267          

start agency" means an entity in this state that has been          268          

approved to be an agency for purposes of subchapter II of the      269          

"Community Economic Development Act," 95 Stat. 489 (1981), 42      270          

U.S.C.A. 9831, as amended.                                         271          

      (2)(a)  In addition to or in conjunction with any request    273          

that is required to be made under section 109.572, 2151.86,        274          

3301.32, 3301.541, 3319.39, 3701.881, 5104.012, 5104.013,          275          

5123.081, 5126.28, 5126.281, or 5153.111 of the Revised Code, the  276          

board of education of any school district; THE DIRECTOR OF MENTAL  277          

RETARDATION AND DEVELOPMENTAL DISABILITIES; any county board of    278          

mental retardation and developmental disabilities; any entity      279          

under contract with a county board of mental retardation and       280          

developmental disabilities; the chief administrator of any         281          

chartered nonpublic school; the chief administrator of any home    282          

health agency; the chief administrator of or person operating any  283          

child day-care center, type A family day-care home, or type B      284          

family day-care home licensed or certified under Chapter 5104. of  285          

the Revised Code; the administrator of any type C family day-care  286          

home certified pursuant to Section 1 of Sub. H.B. 62 of the 121st  287          

general assembly or Section 5 of Am. Sub. S.B. 160 of the 121st    288          

general assembly; the chief administrator of any head start        289          

agency; or the executive director of a public children services    290          

agency may request that the superintendent of the bureau           291          

investigate and determine, with respect to any individual who has  292          

                                                          8      


                                                                 
applied for employment in any position after October 2, 1989, or   293          

any individual wishing to apply for employment with a board of     294          

education may request, with regard to the individual, whether the  296          

bureau has any information gathered under division (A) of this     297          

section that pertains to that individual.  On receipt of the       298          

request, the superintendent shall determine whether that           299          

information exists and, upon request of the person, board, or      301          

entity requesting information, also shall request from the         302          

federal bureau of investigation any criminal records it has        303          

pertaining to that individual.  Within thirty days of the date     305          

that the superintendent receives a request, the superintendent     307          

shall send to the board, entity, or person a report of any         308          

information that the superintendent determines exists, including   310          

information contained in records that have been sealed under       311          

section 2953.32 of the Revised Code, and, within thirty days of    312          

its receipt, shall send the board, entity, or person a report of   313          

any information received from the federal bureau of                314          

investigation, other than information the dissemination of which   315          

is prohibited by federal law.                                                   

      (b)  When a board of education is required to receive        317          

information under this section as a prerequisite to employment of  318          

an individual pursuant to section 3319.39 of the Revised Code, it  319          

may accept a certified copy of records that were issued by the     321          

bureau of criminal identification and investigation and that are                

presented by an individual applying for employment with the        322          

district in lieu of requesting that information itself.  In such   323          

a case, the board shall accept the certified copy issued by the    324          

bureau in order to make a photocopy of it for that individual's    325          

employment application documents and shall return the certified    326          

copy to the individual.  In a case of that nature, a district      327          

only shall accept a certified copy of records of that nature       328          

within one year after the date of their issuance by the bureau.    330          

      (3)  The state board of education may request, with respect  332          

to any individual who has applied for employment after October 2,  333          

                                                          9      


                                                                 
1989, in any position with the state board or the department of    334          

education, any information that a school district board of         335          

education is authorized to request under division (F)(2) of this   337          

section, and the superintendent of the bureau shall proceed as if  338          

the request has been received from a school district board of      339          

education under division (F)(2) of this section.                   340          

      (4)  When the superintendent of the bureau receives a        342          

request for information that is authorized under section 3319.291  343          

of the Revised Code, the superintendent shall proceed as if the    344          

request has been received from a school district board of          345          

education under division (F)(2) of this section.                   346          

      (5)  When a recipient of an OhioReads classroom or           349          

community reading grant paid under section 3301.86 or 3301.87 of   351          

the Revised Code or an entity approved by the OhioReads council    353          

requests, with respect to any individual who applies to            354          

participate in providing any program or service through an entity  356          

approved by the OhioReads council or funded in whole or in part    359          

by the grant, the information that a school district board of                   

education is authorized to request under division (F)(2)(a) of     361          

this section, the superintendent of the bureau shall proceed as    362          

if the request has been received from a school district board of   364          

education under division (F)(2)(a) of this section.                365          

      (G)  In addition to or in conjunction with any request that  368          

is required to be made under section 173.41, 3701.881, 3712.09,    369          

3721.121, or 3722.151 of the Revised Code with respect to an       371          

individual who has applied for employment in a position that       372          

involves providing direct care to an older adult, the chief                     

administrator of a PASSPORT agency that provides services through  373          

the PASSPORT program created under section 173.40 of the Revised   374          

Code, home health agency, hospice care program, home licensed      376          

under Chapter 3721. of the Revised Code, adult day-care program    377          

operated pursuant to rules adopted under section 3721.04 of the    378          

Revised Code, or adult care facility may request that the          380          

superintendent of the bureau investigate and determine, with       381          

                                                          10     


                                                                 
respect to any individual who has applied after January 27, 1997,  383          

for employment in a position that does not involve providing       384          

direct care to an older adult, whether the bureau has any          385          

information gathered under division (A) of this section that       386          

pertains to that individual.  On receipt of the request, the       387          

superintendent shall determine whether that information exists     389          

and, on request of the administrator requesting information,       390          

shall also request from the federal bureau of investigation any    391          

criminal records it has pertaining to that individual.  Within     393          

thirty days of the date a request is received, the superintendent  394          

shall send to the administrator a report of any information        396          

determined to exist, including information contained in records    397          

that have been sealed under section 2953.32 of the Revised Code,   398          

and, within thirty days of its receipt, shall send the             399          

administrator a report of any information received from the        400          

federal bureau of investigation, other than information the        402          

dissemination of which is prohibited by federal law.               403          

      (H)  Information obtained by a board, administrator, or      406          

other person under this section is confidential and shall not be   407          

released or disseminated.                                                       

      (I)  The superintendent may charge a reasonable fee for      409          

providing information or criminal records under division (F)(2)    410          

or (G) of this section.                                            411          

      Sec. 109.572.  (A)(1)  Upon receipt of a request pursuant    420          

to section 2151.86, 3301.32, 3301.541, 3319.39, 5104.012,          421          

5104.013, or 5153.111 of the Revised Code, a completed form        423          

prescribed pursuant to division (C)(1) of this section, and a set  424          

of fingerprint impressions obtained in the manner described in     425          

division (C)(2) of this section, the superintendent of the bureau  426          

of criminal identification and investigation shall conduct a       427          

criminal records check in the manner described in division (B) of  428          

this section to determine whether any information exists that      429          

indicates that the person who is the subject of the request        430          

previously has been convicted of or pleaded guilty to any of the   431          

                                                          11     


                                                                 
following:                                                                      

      (a)  A violation of section 2903.01, 2903.02, 2903.03,       433          

2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,     434          

2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,     436          

2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,     437          

2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01,  438          

2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25,     439          

2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05,    440          

2925.06, or 3716.11 of the Revised Code, felonious sexual                       

penetration in violation of former section 2907.12 of the Revised  441          

Code, a violation of section 2905.04 of the Revised Code as it     442          

existed prior to July 1, 1996, a violation of section 2919.23 of   443          

the Revised Code that would have been a violation of section       445          

2905.04 of the Revised Code as it existed prior to July 1, 1996,                

had the violation been committed prior to that date, or a          446          

violation of section 2925.11 of the Revised Code that is not a     447          

minor drug possession offense;                                     448          

      (b)  A violation of an existing or former law of this        450          

state, any other state, or the United States that is               451          

substantially equivalent to any of the offenses listed in          452          

division (A)(1)(a) of this section.                                             

      (2)  On receipt of a request PURSUANT TO SECTION 5123.081    454          

OF THE REVISED CODE WITH RESPECT TO AN APPLICANT FOR EMPLOYMENT    455          

IN ANY POSITION WITH THE DEPARTMENT OF MENTAL RETARDATION AND      456          

DEVELOPMENTAL DISABILITIES, pursuant to section 5126.28 of the     457          

Revised Code with respect to an applicant for employment in any    459          

position with a county board of mental retardation and             460          

developmental disabilities, or pursuant to section 5126.281 of     461          

the Revised Code with respect to an applicant for employment in a  463          

DIRECT SERVICES position with an entity contracting with a county  464          

board for employment in a position that involves providing         465          

service directly to individuals with mental retardation and        466          

developmental disabilities, a completed form prescribed pursuant   467          

to division (C)(1) of this section, and a set of fingerprint       469          

                                                          12     


                                                                 
impressions obtained in the manner described in division (C)(2)    470          

of this section, the superintendent of the bureau of criminal      471          

identification and investigation shall conduct a criminal records  473          

check.  The superintendent shall conduct the criminal records      474          

check in the manner described in division (B) of this section to   475          

determine whether any information exists that indicates that the   476          

person who is the subject of the request has been convicted of or  478          

pleaded guilty to any of the following:                                         

      (a)  A violation of section 2903.01, 2903.02, 2903.03,       481          

2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,     482          

2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03, 2907.04,     483          

2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.21,     484          

2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322,   485          

2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22,    486          

2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03,    487          

or 3716.11 of the Revised Code;                                    488          

      (b)  An existing or former MUNICIPAL ORDINANCE OR law of     490          

this state, any other state, or the United States that is          491          

substantially equivalent to any of the offenses listed in          492          

division (A)(2)(a) of this section.                                493          

      (3)  On receipt of a request pursuant to section 173.41,     495          

3712.09, 3721.121, or 3722.151 of the Revised Code, a completed    497          

form prescribed pursuant to division (C)(1) of this section, and   498          

a set of fingerprint impressions obtained in the manner described  499          

in division (C)(2) of this section, the superintendent of the      501          

bureau of criminal identification and investigation shall conduct  502          

a criminal records check with respect to any person who has        503          

applied for employment in a position that involves providing       504          

direct care to an older adult.  The superintendent shall conduct   505          

the criminal records check in the manner described in division     506          

(B) of this section to determine whether any information exists    508          

that indicates that the person who is the subject of the request   509          

previously has been convicted of or pleaded guilty to any of the   510          

following:                                                                      

                                                          13     


                                                                 
      (a)  A violation of section 2903.01, 2903.02, 2903.03,       513          

2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,     514          

2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,                  

2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,     515          

2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,  517          

2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,                  

2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,     518          

2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,    520          

2925.22, 2925.23, or 3716.11 of the Revised Code;                  521          

      (b)  An existing or former law of this state, any other      524          

state, or the United States that is substantially equivalent to    525          

any of the offenses listed in division (A)(3)(a) of this section.  526          

      (4)  On receipt of a request pursuant to section 3701.881    528          

of the Revised Code with respect to an applicant for employment    530          

with a home health agency as a person responsible for the care,    531          

custody, or control of a child, a completed form prescribed        532          

pursuant to division (C)(1) of this section, and a set of          533          

fingerprint impressions obtained in the manner described in        534          

division (C)(2) of this section, the superintendent of the bureau  535          

of criminal identification and investigation shall conduct a       536          

criminal records check.  The superintendent shall conduct the                   

criminal records check in the manner described in division (B) of  538          

this section to determine whether any information exists that      539          

indicates that the person who is the subject of the request        540          

previously has been convicted of or pleaded guilty to any of the                

following:                                                         541          

      (a)  A violation of section 2903.01, 2903.02, 2903.03,       543          

2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,     544          

2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03, 2907.04,     545          

2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.21,     546          

2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322,   547          

2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22,    548          

2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03,    549          

2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code or a     551          

                                                          14     


                                                                 
violation of section 2925.11 of the Revised Code that is not a     552          

minor drug possession offense;                                     553          

      (b)  An existing or former law of this state, any other      555          

state, or the United States that is substantially equivalent to    556          

any of the offenses listed in division (A)(4)(a) of this section.  557          

      (5)  On receipt of a request pursuant to section 3701.881    559          

of the Revised Code with respect to an applicant for employment    560          

with a home health agency in a position that involves providing    562          

direct care to an older adult, a completed form prescribed         563          

pursuant to division (C)(1) of this section, and a set of          564          

fingerprint impressions obtained in the manner described in        565          

division (C)(2) of this section, the superintendent of the bureau  566          

of criminal identification and investigation shall conduct a       567          

criminal records check.  The superintendent shall conduct the                   

criminal records check in the manner described in division (B) of  569          

this section to determine whether any information exists that      570          

indicates that the person who is the subject of the request        571          

previously has been convicted of or pleaded guilty to any of the                

following:                                                         572          

      (a)  A violation of section 2903.01, 2903.02, 2903.03,       575          

2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,     576          

2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,                  

2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,     577          

2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,  579          

2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,                  

2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,     580          

2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,    582          

2925.22, 2925.23, or 3716.11 of the Revised Code;                  583          

      (b)  An existing or former law of this state, any other      585          

state, or the United States that is substantially equivalent to    586          

any of the offenses listed in division (A)(5)(a) of this section.  587          

      (6)  When conducting a criminal records check upon a         589          

request pursuant to section 3319.39 of the Revised Code for an     590          

applicant who is a teacher, the superintendent shall determine     591          

                                                          15     


                                                                 
whether any information exists that indicates that the person who  592          

is the subject of the request previously has been convicted of or  593          

pleaded guilty to any offense specified in section 3319.31 of the  594          

Revised Code.                                                      595          

      (7)  Not later than thirty days after the date the           597          

superintendent receives the request, completed form, and           599          

fingerprint impressions, the superintendent shall send the person  600          

who, BOARD, OR ENTITY THAT made the request any information,       602          

other than information the dissemination of which is prohibited    603          

by federal law, the superintendent determines exists with respect               

to the person who is the subject of the request that indicates     604          

that the person previously has been convicted of or pleaded        606          

guilty to any offense listed or described in division (A)(1),      607          

(2), (3), (4), or (5) of this section.  The superintendent shall   609          

send the person who, BOARD, OR ENTITY THAT made the request a      610          

copy of the list of offenses specified in division (A)(1), (2),    612          

(3), (4), or (5) of this section.  If the request was made under   613          

section 3701.881 of the Revised Code with regard to an applicant   614          

who may be both responsible for the care, custody, or control of                

a child and involved in providing direct care to an older adult,   615          

the superintendent shall provide a list of the offenses specified  617          

in divisions (A)(4) and (5) of this section.                       618          

      (B)  The superintendent shall conduct any criminal records   620          

check requested under section 173.41, 2151.86, 3301.32, 3301.541,  621          

3319.39, 3701.881, 3712.09, 3721.121, 3722.151, 5104.012,          622          

5104.013, 5123.081, 5126.28, 5126.281, or 5153.111 of the Revised  623          

Code as follows:                                                   624          

      (1)  The superintendent shall review or cause to be          626          

reviewed any relevant information gathered and compiled by the     627          

bureau under division (A) of section 109.57 of the Revised Code    628          

that relates to the person who is the subject of the request,      629          

including any relevant information contained in records that have  630          

been sealed under section 2953.32 of the Revised Code;             631          

      (2)  If the request received by the superintendent asks for  633          

                                                          16     


                                                                 
information from the federal bureau of investigation, the          636          

superintendent shall request from the federal bureau of                         

investigation any information it has with respect to the person    638          

who is the subject of the request and shall review or cause to be  639          

reviewed any information the superintendent receives from that     640          

bureau.                                                                         

      (C)(1)  The superintendent shall prescribe a form to obtain  642          

the information necessary to conduct a criminal records check      643          

from any person for whom a criminal records check is required by   644          

section 173.41, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881,     645          

3712.09, 3721.121, 3722.151, 5104.012, 5104.013, 5123.081,         646          

5126.28, 5126.281, or 5153.111 of the Revised Code.  THE FORM      647          

THAT THE SUPERINTENDENT PRESCRIBES PURSUANT TO THIS DIVISION MAY   648          

BE IN A TANGIBLE FORMAT, IN AN ELECTRONIC FORMAT, OR IN BOTH       650          

TANGIBLE AND ELECTRONIC FORMATS.                                                

      (2)  The superintendent shall prescribe standard impression  652          

sheets to obtain the fingerprint impressions of any person for     654          

whom a criminal records check is required by section 173.41,       655          

2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 3721.121,  656          

3722.151, 5104.012, 5104.013, 5123.081, 5126.28, 5126.281, or      657          

5153.111 of the Revised Code.  Any person for whom a records       660          

check is required by any of those sections shall obtain the        661          

fingerprint impressions at a county sheriff's office, municipal    662          

police department, or any other entity with the ability to make    663          

fingerprint impressions on the standard impression sheets                       

prescribed by the superintendent.  The office, department, or      664          

entity may charge the person a reasonable fee for making the       665          

impressions.  THE STANDARD IMPRESSION SHEETS THE SUPERINTENDENT    667          

PRESCRIBES PURSUANT TO THIS DIVISION MAY BE IN A TANGIBLE FORMAT,  668          

IN AN ELECTRONIC FORMAT, OR IN BOTH TANGIBLE AND ELECTRONIC        669          

FORMATS.                                                                        

      (3)  Subject to division (D) of this section, the            671          

superintendent shall prescribe and charge a reasonable fee for     672          

providing a criminal records check requested under section         673          

                                                          17     


                                                                 
173.41, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09,    674          

3721.121, 3722.151, 5104.012, 5104.013, 5123.081, 5126.28,         675          

5126.281, or 5153.111 of the Revised Code.  The person making a    677          

criminal records request under section 173.41, 2151.86, 3301.32,   678          

3301.541, 3319.39, 3701.881, 3712.09, 3721.121, 3722.151,          679          

5104.012, 5104.013, 5123.081, 5126.28, 5126.281, or 5153.111 of    681          

the Revised Code shall pay the fee prescribed pursuant to this                  

division.  A person making a request under section 3701.881 of     682          

the Revised Code for a criminal records check for an applicant     683          

who may be both responsible for the care, custody, or control of   684          

a child and involved in providing direct care to an older adult    685          

shall pay one fee for the request.                                              

      (4) THE SUPERINTENDENT OF THE BUREAU OF CRIMINAL             687          

IDENTIFICATION AND INVESTIGATION MAY PRESCRIBE METHODS OF          688          

FORWARDING FINGERPRINT IMPRESSIONS AND INFORMATION NECESSARY TO    690          

CONDUCT A CRIMINAL RECORDS CHECK, WHICH METHODS SHALL INCLUDE,     691          

BUT NOT BE LIMITED TO, AN ELECTRONIC METHOD.                                    

      (D)  A determination whether any information exists that     693          

indicates that a person previously has been convicted of or        694          

pleaded guilty to any offense listed or described in division      695          

(A)(1)(a) or (b), (A)(2)(a) or (b), (A)(3)(a) or (b), (A)(4)(a)    696          

or (b), or (A)(5)(a) or (b) of this section that is made by the    697          

superintendent with respect to information considered in a         698          

criminal records check in accordance with this section is valid    699          

for the person who is the subject of the criminal records check    700          

for a period of one year from the date upon which the              701          

superintendent makes the determination.  During the period in      702          

which the determination in regard to a person is valid, if         704          

another request under this section is made for a criminal records  705          

check for that person, the superintendent shall provide the        706          

information that is the basis for the superintendent's initial     707          

determination at a lower fee than the fee prescribed for the       710          

initial criminal records check.                                                 

      (E)  As used in this section:                                712          

                                                          18     


                                                                 
      (1)  "Criminal records check" means any criminal records     714          

check conducted by the superintendent of the bureau of criminal    716          

identification and investigation in accordance with division (B)   717          

of this section.                                                                

      (2)  "Minor drug possession offense" has the same meaning    719          

as in section 2925.01 of the Revised Code.                         720          

      (3)  "Older adult" means a person age sixty or older.        722          

      Sec. 2108.50.  (A)  An autopsy or post-mortem examination    731          

may be performed upon the body of a deceased person by a licensed  732          

physician or surgeon if consent has been given in the order named  733          

by one of the following persons of sound mind and eighteen years   734          

of age or older in a written instrument executed by him THE        735          

PERSON or on his THE PERSON'S behalf at his THE PERSON'S express   737          

direction:                                                                      

      (A)(1)  The deceased person during his THE DECEASED          739          

PERSON'S lifetime;                                                 740          

      (B)(2)  The decedent's spouse;                               742          

      (C)(3)  If there is no surviving spouse, if the address of   744          

the surviving spouse is unknown or outside the United States, if   745          

the surviving spouse is physically or mentally unable or           746          

incapable of giving consent, or if the deceased person was         747          

separated and living apart from such surviving spouse, then a      748          

person having the first named degree of relationship in the        749          

following list in which a relative of the deceased PERSON          750          

survives and is physically and mentally able and capable of        751          

giving consent may execute consent:                                             

      (1)(a)  Children;                                            753          

      (2)(b)  Parents;                                             755          

      (3)(c)  Brothers or sisters.                                 757          

      (D)(4)  If there are no surviving persons of any degree of   759          

relationship listed in division (C)(A)(3) of this section, any     760          

other relative or person who assumes custody of the body for       762          

burial;.                                                                        

      (E)(5)  A person authorized by written instrument executed   764          

                                                          19     


                                                                 
by the deceased person to make arrangements for burial.            765          

      (6)  A PERSON WHO, AT THE TIME OF DEATH OF THE DECEASED      767          

PERSON, WAS SERVING AS GUARDIAN OF THE PERSON FOR THE DECEASED     768          

PERSON.                                                                         

      (B)  Consent TO AN AUTOPSY OR POST-MORTEM EXAMINATION may    771          

be revoked only by the person executing the consent and in the     772          

same manner as required for execution of consent under this        773          

section.                                                                        

      (C)  As used in this section, "written instrument" includes  775          

a telegram or cablegram.                                           776          

      Sec. 2111.13.  (A)  When a guardian is appointed to have     785          

the custody and maintenance of a ward, and to have charge of the   786          

education of the ward if he THE WARD is a minor, the guardian's    787          

duties are as follows:                                             789          

      (1)  To protect and control the person of his THE ward;      791          

      (2)  To provide suitable maintenance for his THE ward when   793          

necessary, which shall be paid out of the estate of such ward      794          

upon the order of the guardian of the person;                      795          

      (3)  To provide such maintenance and education for such      797          

ward as the amount of his THE WARD'S estate justifies when the     798          

ward is a minor and has no father or mother, or has a father or    800          

mother who fails to maintain or educate him THE WARD, which shall  801          

be paid out of such ward's estate upon the order of the guardian   803          

of the person;                                                                  

      (4)  To obey all the orders and judgments of the probate     805          

court touching the guardianship.                                   806          

      (B)  Except as provided in section 2111.131 of the Revised   808          

Code, no part of the ward's estate shall be used for the support,  809          

maintenance, or education of such ward unless ordered and          810          

approved by the court.                                             811          

      (C)  A guardian of the person may authorize or approve the   813          

provision to his THE ward of medical, health, or other             814          

professional care, counsel, treatment, or services unless the      816          

ward or an interested party files objections with the probate      817          

                                                          20     


                                                                 
court, or the court, by rule or order, provides otherwise.         818          

      (D)  A GUARDIAN OF THE PERSON OF A WARD WHO HAS DIED MAY     820          

CONSENT TO AN AUTOPSY OR POST-MORTEM EXAMINATION UPON THE BODY OF  821          

THE DECEASED WARD UNDER SECTION 2108.50 OF THE REVISED CODE AND,   822          

IF THE DECEASED WARD DID NOT HAVE A GUARDIAN OF THE ESTATE AND     823          

THE ESTATE IS NOT REQUIRED TO BE ADMINISTERED BY A PROBATE COURT,  824          

MAY AUTHORIZE THE BURIAL OR CREMATION OF THE DECEASED WARD.  A                  

GUARDIAN WHO GIVES CONSENT OR AUTHORIZATION AS DESCRIBED IN THIS   825          

DIVISION SHALL NOTIFY THE PROBATE COURT AS SOON AS POSSIBLE AFTER  826          

GIVING THE CONSENT OR AUTHORIZATION.                               827          

      Sec. 5123.01.  As used in this chapter:                      836          

      (A)  "Chief medical officer" means the licensed physician    838          

appointed by the managing officer of an institution for the        839          

mentally retarded with the approval of the director of mental      840          

retardation and developmental disabilities to provide medical      841          

treatment for residents of the institution.                        842          

      (B)  "Chief program director" means a person with special    844          

training and experience in the diagnosis and management of the     845          

mentally retarded, certified according to division (C) of this     846          

section in at least one of the designated fields, and appointed    847          

by the managing officer of an institution for the mentally         848          

retarded with the approval of the director to provide              849          

habilitation and care for residents of the institution.            850          

      (C)  "Comprehensive evaluation" means a study, including a   852          

sequence of observations and examinations, of a person leading to  853          

conclusions and recommendations formulated jointly, with           854          

dissenting opinions if any, by a group of persons with special     855          

training and experience in the diagnosis and management of         856          

mentally retarded or developmentally disabled persons WITH MENTAL  857          

RETARDATION OR A DEVELOPMENTAL DISABILITY, which group shall       859          

include individuals who are professionally qualified in the        860          

fields of medicine, education, psychology, and social work,        861          

together with such other specialists as the individual case may    862          

require.                                                                        

                                                          21     


                                                                 
      (D)  "Education" means the process of formal training and    864          

instruction to facilitate the intellectual and emotional           865          

development of residents.                                          866          

      (E)  "Habilitation" means the process by which the staff of  868          

the institution assists the resident in acquiring and maintaining  869          

those life skills that enable the resident to cope more            870          

effectively with the demands of the resident's own person and of   872          

the resident's environment and in raising the level of the         874          

resident's physical, mental, social, and vocational efficiency.    876          

Habilitation includes but is not limited to programs of formal,    877          

structured education and training.                                              

      (F)  "Health officer" means any public health physician,     879          

public health nurse, or other person authorized or designated by   880          

a city or general health district.                                 881          

      (G)  "Indigent person" means a person who is unable,         883          

without substantial financial hardship, to provide for the         884          

payment of an attorney and for other necessary expenses of legal   885          

representation, including expert testimony.                        886          

      (H)  "Institution" means a public or private facility, or a  888          

part of a public or private facility, that is licensed by the      890          

appropriate state department and is equipped to provide            891          

residential habilitation, care, and treatment for the mentally     892          

retarded.                                                                       

      (I)  "Licensed physician" means a person who holds a valid   894          

certificate issued under Chapter 4731. of the Revised Code         895          

authorizing the person to practice medicine and surgery or         896          

osteopathic medicine and surgery, or a medical officer of the      897          

government of the United States while in the performance of the    898          

officer's official duties.                                                      

      (J)  "Managing officer" means a person who is appointed by   900          

the director of mental retardation and developmental disabilities  901          

to be in executive control of an institution for the mentally      902          

retarded under the jurisdiction of the department.                 903          

      (K)  "Mentally retarded person" means a person having        905          

                                                          22     


                                                                 
significantly subaverage general intellectual functioning          906          

existing concurrently with deficiencies in adaptive behavior,      907          

manifested during the developmental period.                        908          

      (L)  "Mentally retarded person subject to                    910          

institutionalization by court order" means a person eighteen       911          

years of age or older who is at least moderately mentally          912          

retarded and in relation to whom, because of the person's          913          

retardation, either of the following conditions exist:             914          

      (1)  The person represents a very substantial risk of        916          

physical impairment or injury to self as manifested by evidence    918          

that the person is unable to provide for and is not providing for  920          

the person's most basic physical needs and that provision for      921          

those needs is not available in the community;                     922          

      (2)  The person needs and is susceptible to significant      924          

habilitation in an institution.                                    925          

      (M)  "A person who is at least moderately mentally           927          

retarded" means a person who is found, following a comprehensive   928          

evaluation, to be impaired in adaptive behavior to a moderate      929          

degree and to be functioning at the moderate level of              930          

intellectual functioning in accordance with standard measurements  931          

as recorded in the most current revision of the manual of          932          

terminology and classification in mental retardation published by  933          

the American association on mental retardation.                    934          

      (N)  As used in this division, "substantial functional       936          

limitation," "developmental delay," and "established risk" have    937          

the meanings established pursuant to section 5123.011 of the       938          

Revised Code.                                                                   

      "Developmental disability" means a severe, chronic           940          

disability that is characterized by all of the following:          941          

      (1)  It is attributable to a mental or physical impairment   943          

or a combination of mental and physical impairments, other than a  944          

mental or physical impairment solely caused by mental illness as   945          

defined in division (A) of section 5122.01 of the Revised Code.    946          

      (2)  It is manifested before age twenty-two.                 948          

                                                          23     


                                                                 
      (3)  It is likely to continue indefinitely.                  950          

      (4)  It results in one of the following:                     952          

      (a)  In the case of a person under three years of age, at    954          

least one developmental delay or an established risk;              956          

      (b)  In the case of a person at least three years of age     958          

but under six years of age, at least two developmental delays or   959          

an established risk;                                               960          

      (c)  In the case of a person six years of age or older, a    962          

substantial functional limitation in at least three of the         963          

following areas of major life activity, as appropriate for the     964          

person's age:  self-care, receptive and expressive language,       965          

learning, mobility, self-direction, capacity for independent       966          

living, and, if the person is at least sixteen years of age,       967          

capacity for economic self-sufficiency.                            968          

      (5)  It causes the person to need a combination and          970          

sequence of special, interdisciplinary, or other type of care,     971          

treatment, or provision of services for an extended period of      972          

time that is individually planned and coordinated for the person.  973          

      (O)  "Developmentally disabled person" means a person with   975          

a developmental disability.                                        976          

      (P)  "State institution" means an institution that is        978          

tax-supported and under the jurisdiction of the department.        979          

      (Q)  "Residence" and "legal residence" have the same         981          

meaning as "legal settlement," which is acquired by residing in    982          

Ohio for a period of one year without receiving general            983          

assistance prior to July 17, 1995, under former Chapter 5113. of   985          

the Revised Code, disability assistance under Chapter 5115. of     986          

the Revised Code, or assistance from a private agency that         987          

maintains records of assistance given.  A person having a legal    988          

settlement in the state shall be considered as having legal                     

settlement in the assistance area in which the person resides.     989          

No adult person coming into this state and having a spouse or      991          

minor children residing in another state shall obtain a legal      992          

settlement in this state as long as the spouse or minor children   994          

                                                          24     


                                                                 
are receiving public assistance, care, or support at the expense                

of the other state or its subdivisions.  For the purpose of        995          

determining the legal settlement of a person who is living in a    996          

public or private institution or in a home subject to licensing    997          

by the department of job and family services, the department of    999          

mental health, or the department of mental retardation and                      

developmental disabilities, the residence of the person shall be   1,001        

considered as though the person were residing in the county in                  

which the person was living prior to the person's entrance into    1,002        

the institution or home.  Settlement once acquired shall continue  1,003        

until a person has been continuously absent from Ohio for a        1,004        

period of one year or has acquired a legal residence in another    1,005        

state.  A woman who marries a man with legal settlement in any     1,006        

county immediately acquires the settlement of her husband.  The    1,007        

legal settlement of a minor is that of the parents, surviving      1,008        

parent, sole parent, parent who is designated the residential      1,009        

parent and legal custodian by a court, other adult having          1,010        

permanent custody awarded by a court, or guardian of the person    1,011        

of the minor, provided that:                                                    

      (1)  A minor female who marries shall be considered to have  1,013        

the legal settlement of her husband and, in the case of death of   1,014        

her husband or divorce, she shall not thereby lose her legal       1,016        

settlement obtained by the marriage.                               1,017        

      (2)  A minor male who marries, establishes a home, and who   1,019        

has resided in this state for one year without receiving general   1,020        

assistance prior to July 17, 1995, under former Chapter 5113. of   1,022        

the Revised Code, disability assistance under Chapter 5115. of     1,023        

the Revised Code, or assistance from a private agency that         1,024        

maintains records of assistance given shall be considered to have  1,026        

obtained a legal settlement in this state.                                      

      (3)  The legal settlement of a child under eighteen years    1,029        

of age who is in the care or custody of a public or private child  1,030        

caring agency shall not change if the legal settlement of the      1,031        

parent changes until after the child has been in the home of the   1,032        

                                                          25     


                                                                 
parent for a period of one year.                                                

      No person, adult or minor, may establish a legal settlement  1,034        

in this state for the purpose of gaining admission to any state    1,035        

institution.                                                       1,036        

      (R)(1)  "Resident" means, subject to division (R)(2) of      1,038        

this section, a person who is admitted either voluntarily or       1,040        

involuntarily to an institution or other facility pursuant to                   

section 2945.39, 2945.40, 2945.401, or 2945.402 of the Revised     1,042        

Code subsequent to a finding of not guilty by reason of insanity   1,043        

or incompetence to stand trial or under this chapter who is under  1,044        

observation or receiving habilitation and care in an institution.  1,045        

      (2)  "Resident" does not include a person admitted to an     1,047        

institution or other facility under section 2945.39, 2945.40,      1,048        

2945.401, or 2945.402 of the Revised Code to the extent that the   1,049        

reference in this chapter to resident, or the context in which     1,051        

the reference occurs, is in conflict with any provision of         1,052        

sections 2945.37 to 2945.402 of the Revised Code.                               

      (S)  "Respondent" means the person whose detention,          1,054        

commitment, or continued commitment is being sought in any         1,055        

proceeding under this chapter.                                     1,056        

      (T)  "Working day" and "court day" mean Monday, Tuesday,     1,058        

Wednesday, Thursday, and Friday, except when such day is a legal   1,059        

holiday.                                                           1,060        

      (U)  "Prosecutor" means the prosecuting attorney, village    1,062        

solicitor, city director of law, or similar chief legal officer    1,063        

who prosecuted a criminal case in which a person was found not     1,064        

guilty by reason of insanity, who would have had the authority to  1,065        

prosecute a criminal case against a person if the person had not   1,066        

been found incompetent to stand trial, or who prosecuted a case    1,067        

in which a person was found guilty.                                1,068        

      (V)  "Court" means the probate division of the court of      1,070        

common pleas.                                                      1,071        

      Sec. 5123.02.  (A)  The department of mental retardation     1,080        

and developmental disabilities shall DO THE FOLLOWING:             1,081        

                                                          26     


                                                                 
      (1)(A)  Promote comprehensive statewide programs and         1,083        

services for mentally retarded or developmentally disabled         1,084        

persons WITH MENTAL RETARDATION OR A DEVELOPMENTAL DISABILITY and  1,085        

their families wherever they reside in the state.  These programs  1,086        

shall include public education, prevention, diagnosis, treatment,  1,087        

training, and care.                                                1,088        

      (2)(B)  Provide administrative leadership for statewide      1,090        

services which include residential facilities, evaluation          1,091        

centers, and community classes which are wholly or in part         1,092        

financed by the department of mental retardation and               1,093        

developmental disabilities as provided by section 5123.26 of the   1,094        

Revised Code;                                                      1,095        

      (3)(C)  Develop and maintain, to the extent feasible, data   1,097        

on all services and programs for mentally retarded or              1,098        

developmentally disabled persons WITH MENTAL RETARDATION OR A      1,099        

DEVELOPMENTAL DISABILITY, THAT ARE provided by governmental and    1,100        

private agencies;                                                  1,101        

      (4)(D)  Make periodic determinations of the number of        1,103        

mentally retarded or developmentally disabled persons WITH MENTAL  1,105        

RETARDATION OR A DEVELOPMENTAL DISABILITY requiring services in    1,107        

the state;                                                                      

      (5)(E)  Provide leadership to local authorities in planning  1,109        

and developing community-wide services for mentally retarded or    1,110        

developmentally disabled persons WITH MENTAL RETARDATION OR A      1,111        

DEVELOPMENTAL DISABILITY and their families;                       1,112        

      (6)(F)  Promote programs of professional training and        1,114        

research in cooperation with other state departments, agencies,    1,115        

and institutions of higher learning.                               1,116        

      (B)  The department may conduct audits of the services and   1,118        

programs that either receive funds through the department or are   1,119        

subject to regulation by the department.  Audits shall be          1,120        

conducted in accordance with procedures prescribed by the          1,121        

department.  Records created or received by the department in      1,122        

connection with an audit are not public records under section                   

                                                          27     


                                                                 
149.43 of the Revised Code until a report of the audit is          1,123        

released by the department.                                        1,124        

      Sec. 5123.041.  (A)  As used in this section, "habilitation  1,133        

center" means a center certified under division (C) of this        1,134        

section for the provision of habilitation services.                1,135        

      (B)  The director of mental retardation and developmental    1,137        

disabilities shall adopt rules in accordance with Chapter 119. of  1,138        

the Revised Code that do all of the following:                     1,139        

      (1)  Specify standards and procedures for certification of   1,141        

habilitation centers;                                              1,142        

      (2)  Define habilitation services and programs, other than   1,144        

services provided by the department of education;                  1,145        

      (3)  Establish the fee that may be assessed under division   1,147        

(D) of this section;                                               1,148        

      (4)  Specify how the department of mental retardation and    1,150        

developmental disabilities will implement and administer the       1,151        

habilitation services program.                                     1,152        

      (C)  The director shall certify habilitation centers that    1,154        

meet the standards specified by rules adopted under this section.  1,155        

      (D)  The department of mental retardation and developmental  1,157        

disabilities may assess the fee established under division (B)(3)  1,158        

of this section for providing services related to the              1,159        

habilitation services program.  The fee may be retained from any   1,160        

funds the department receives for a habilitation center under      1,161        

Title XIX of the "Social Security Act," 49 Stat. 620 (1935), 42    1,162        

U.S.C.A. 301, as amended.                                          1,163        

      Sec. 5123.042.  (A)  The director of mental retardation and  1,172        

developmental disabilities shall adopt rules in accordance with    1,173        

Chapter 119. of the Revised Code establishing the following:       1,174        

      (1)  Uniform standards and procedures under which:           1,176        

      (a)  A person or agency shall submit plans to the county     1,178        

board of mental retardation and developmental disabilities for     1,179        

the development of residential services for mentally retarded and  1,180        

developmentally disabled individuals WITH MENTAL RETARDATION OR A  1,181        

                                                          28     


                                                                 
DEVELOPMENTAL DISABILITY within the county;                        1,182        

      (b)  The county board must review the plans and recommend    1,184        

providers for the services.                                        1,185        

      (2)  The eligibility criteria for selecting persons and      1,187        

agencies to provide residential services, which shall take into    1,188        

consideration the recommendations of the county board.             1,189        

      (B)  The county board, in accordance with its comprehensive  1,191        

service plan as approved by the director, shall review all         1,192        

proposals for the development of residential services that are     1,193        

submitted to it and shall, if the proposals are acceptable to the  1,194        

county board, recommend providers for the development of           1,195        

residential services within the county.  The department shall      1,196        

approve proposals for the development of residential services      1,197        

within counties based upon the availability of funds and in        1,198        

accordance with rules adopted under division (A)(2) of this        1,199        

section.                                                           1,200        

      No county board shall recommend providers for the            1,202        

development of residential services if the county board is an      1,203        

applicant to provide services.  In cases of possible conflict of   1,204        

interest, the director shall appoint a committee that shall, in    1,205        

accordance with the approved county comprehensive service plan,    1,206        

review and recommend to him THE DIRECTOR providers for the         1,207        

services.                                                          1,208        

      If a county board fails to establish an approved             1,210        

comprehensive service plan, the director may establish             1,211        

residential services development goals for the county board based  1,212        

on documented need as determined by the department.  If a county   1,213        

board fails to develop or implement such a plan in accordance      1,214        

with the rules adopted under this section, the department may,     1,215        

without the involvement of the county board, review and select     1,216        

providers for the development of residential services in the       1,217        

county.                                                            1,218        

      Sec. 5123.05.  THE DEPARTMENT OF MENTAL RETARDATION AND      1,220        

DEVELOPMENTAL DISABILITIES MAY CONDUCT AUDITS OF THE SERVICES AND  1,221        

                                                          29     


                                                                 
PROGRAMS THAT EITHER RECEIVE FUNDS THROUGH THE DEPARTMENT OR ARE   1,222        

SUBJECT TO REGULATION BY THE DEPARTMENT.  AUDITS SHALL BE          1,223        

CONDUCTED IN ACCORDANCE WITH PROCEDURES PRESCRIBED BY THE          1,224        

DEPARTMENT.  RECORDS CREATED OR RECEIVED BY THE DEPARTMENT IN      1,225        

CONNECTION WITH AN AUDIT ARE NOT PUBLIC RECORDS UNDER SECTION      1,226        

149.43 OF THE REVISED CODE UNTIL A REPORT OF THE AUDIT IS          1,227        

RELEASED BY THE DEPARTMENT.                                        1,228        

      Sec. 5123.183 5123.051.  (A)  As used in this section,       1,237        

"contractor" means a person or government agency that has entered  1,239        

into a contract with the department of mental retardation and      1,240        

developmental disabilities under section 5123.18 or 5111.252 of    1,241        

the Revised Code.                                                               

      (B)  If the department of mental retardation and             1,243        

developmental disabilities determines pursuant to an audit         1,244        

CONDUCTED UNDER SECTION 5123.05 OF THE REVISED CODE or A           1,245        

reconciliation conducted under section 5123.18 or 5111.252 of the  1,246        

Revised Code that money is owed the state by a contractor          1,247        

PROVIDER OF A SERVICE OR PROGRAM, the office of support within     1,249        

the department may enter into a payment agreement with the         1,250        

contractor PROVIDER.  The agreement shall include the following:   1,251        

      (1)  A schedule of installment payments whereby the money    1,253        

owed the state is to be paid in full within a period not to        1,254        

exceed one year;                                                   1,255        

      (2)  A provision that the contractor PROVIDER may pay the    1,258        

entire balance owed at any time during the term of the agreement;  1,260        

      (3)  A provision that if any installment is not paid in      1,262        

full within forty-five days after it is due, the entire balance    1,263        

owed is immediately due and payable;                               1,264        

      (4)  Such ANY other terms and conditions as THAT are agreed  1,267        

to by the office DEPARTMENT and the contractor PROVIDER.           1,268        

      (B)  The office DEPARTMENT may include a provision in a      1,270        

payment agreement that requires the contractor PROVIDER to pay     1,272        

interest on the money owed the state.  The office DEPARTMENT, in   1,273        

its discretion, shall determine whether to require the payment of  1,275        

                                                          30     


                                                                 
interest and, if it so requires, the rate of interest.  Neither    1,276        

the obligation to pay interest nor the rate of interest is         1,277        

subject to negotiation between the office DEPARTMENT and the       1,278        

contractor PROVIDER.                                               1,280        

      (C)  If the contractor PROVIDER fails to pay any             1,283        

installment in full within forty-five days after its due date,     1,284        

the office DEPARTMENT shall certify the entire balance owed to     1,285        

the attorney general for collection under section 131.02 of the    1,286        

Revised Code.  The department may withhold funds from payments     1,287        

made to a contractor PROVIDER under section 5123.18 or 5111.252    1,288        

of the Revised Code to satisfy a judgment secured by the attorney  1,290        

general.                                                                        

      (D)  All money collected under this section shall be         1,292        

deposited in the state treasury to the credit of the THE purchase  1,293        

of service fund, which is hereby created.  Money credited to the   1,295        

fund shall be used solely for purposes of sections 5123.18 and     1,296        

5111.252 SECTION 5123.05 of the Revised Code.                      1,297        

      Sec. 5123.05 5123.06.  The director of mental retardation    1,306        

and developmental disabilities may establish divisions in the      1,308        

department of mental retardation and developmental disabilities    1,309        

and prescribe their powers and duties.                             1,310        

      Each division shall consist of a chief DEPUTY DIRECTOR and   1,312        

the officers and employees, including those in institutions,       1,315        

necessary for the performance of the functions assigned to it.     1,316        

The director shall supervise the work of each division and be      1,317        

responsible for the determination of general policies in the       1,318        

exercise of powers vested in the department and powers assigned    1,319        

to each division.  The chief DEPUTY DIRECTOR of each division      1,320        

shall be responsible to the director for the organization,         1,323        

direction, and supervision of the work of the division and the     1,324        

exercise of the powers and the performance of the duties of the    1,325        

department assigned to such THE division, and, with the approval   1,327        

of the director, may establish bureaus or other administrative     1,328        

units in the division.                                                          

                                                          31     


                                                                 
      Appointment to the position of chief DEPUTY DIRECTOR of a    1,330        

division may be made from persons holding positions in the         1,333        

classified service in the department.                              1,334        

      The chief DEPUTY DIRECTOR of each division shall be a        1,336        

person who has had special training and experience in the type of  1,338        

work with the performance of which the division is charged.        1,339        

      Each chief DEPUTY DIRECTOR of a division, under the          1,341        

director, shall have entire executive charge of the division to    1,343        

which the chief DEPUTY DIRECTOR is appointed.  Subject to          1,345        

sections 124.01 to 124.64 of the Revised Code, and civil service   1,346        

rules, the chief DEPUTY DIRECTOR of a division shall, with the     1,347        

approval of the director, select and appoint the necessary         1,348        

employees in the chief's DEPUTY DIRECTOR'S division and may        1,349        

remove such THOSE employees for cause.                             1,351        

      Sec. 5123.081.  (A)  AS USED IN THIS SECTION:                1,353        

      (1)  "APPLICANT" MEANS A PERSON WHO IS UNDER FINAL           1,355        

CONSIDERATION FOR APPOINTMENT TO OR EMPLOYMENT WITH THE            1,356        

DEPARTMENT OF MENTAL RETARDATION AND DEVELOPMENTAL DISABILITIES,   1,357        

INCLUDING, BUT NOT LIMITED TO, A PERSON WHO IS BEING TRANSFERRED   1,358        

TO THE DEPARTMENT AND AN EMPLOYEE WHO IS BEING RECALLED OR         1,359        

REEMPLOYED AFTER A LAYOFF.                                                      

      (2)  "CRIMINAL RECORDS CHECK" HAS THE SAME MEANING AS IN     1,361        

SECTION 109.572 OF THE REVISED CODE.                               1,362        

      (3)  "MINOR DRUG POSSESSION OFFENSE" HAS THE SAME MEANING    1,364        

AS IN SECTION 2925.01 OF THE REVISED CODE.                         1,365        

      (B)  THE DIRECTOR OF MENTAL RETARDATION AND DEVELOPMENTAL    1,367        

DISABILITIES SHALL REQUEST THE SUPERINTENDENT OF THE BUREAU OF     1,368        

CRIMINAL IDENTIFICATION AND INVESTIGATION TO CONDUCT A CRIMINAL    1,369        

RECORDS CHECK WITH RESPECT TO EACH APPLICANT, EXCEPT THAT THE      1,370        

DIRECTOR IS NOT REQUIRED TO REQUEST A CRIMINAL RECORDS CHECK FOR   1,371        

AN EMPLOYEE OF THE DEPARTMENT WHO IS BEING CONSIDERED FOR A        1,372        

DIFFERENT POSITION OR IS RETURNING AFTER A LEAVE OF ABSENCE OR     1,373        

SEASONAL BREAK IN EMPLOYMENT, AS LONG AS THE DIRECTOR HAS NO       1,374        

REASON TO BELIEVE THAT THE EMPLOYEE HAS COMMITTED ANY OF THE       1,375        

                                                          32     


                                                                 
OFFENSES LISTED OR DESCRIBED IN DIVISION (E) OF THIS SECTION.      1,376        

      IF THE APPLICANT DOES NOT PRESENT PROOF THAT THE APPLICANT   1,378        

HAS BEEN A RESIDENT OF THIS STATE FOR THE FIVE-YEAR PERIOD         1,379        

IMMEDIATELY PRIOR TO THE DATE UPON WHICH THE CRIMINAL RECORDS      1,380        

CHECK IS REQUESTED, THE DIRECTOR SHALL REQUEST THAT THE            1,381        

SUPERINTENDENT OF THE BUREAU OBTAIN INFORMATION FROM THE FEDERAL   1,382        

BUREAU OF INVESTIGATION AS A PART OF THE CRIMINAL RECORDS CHECK    1,384        

FOR THE APPLICANT.  IF THE APPLICANT PRESENTS PROOF THAT THE       1,385        

APPLICANT HAS BEEN A RESIDENT OF THIS STATE FOR THAT FIVE-YEAR     1,386        

PERIOD, THE DIRECTOR MAY REQUEST THAT THE SUPERINTENDENT OF THE    1,387        

BUREAU INCLUDE INFORMATION FROM THE FEDERAL BUREAU OF              1,388        

INVESTIGATION IN THE CRIMINAL RECORDS CHECK.  FOR PURPOSES OF      1,390        

THIS DIVISION, AN APPLICANT MAY PROVIDE PROOF OF RESIDENCY IN      1,391        

THIS STATE BY PRESENTING, WITH A NOTARIZED STATEMENT ASSERTING     1,392        

THAT THE APPLICANT HAS BEEN A RESIDENT OF THIS STATE FOR THAT      1,393        

FIVE-YEAR PERIOD, A VALID DRIVER'S LICENSE, NOTIFICATION OF        1,394        

REGISTRATION AS AN ELECTOR, A COPY OF AN OFFICIALLY FILED FEDERAL  1,395        

OR STATE TAX FORM IDENTIFYING THE APPLICANT'S PERMANENT            1,396        

RESIDENCE, OR ANY OTHER DOCUMENT THE DIRECTOR CONSIDERS            1,397        

ACCEPTABLE.                                                                     

      (C)  THE DIRECTOR SHALL PROVIDE TO EACH APPLICANT A COPY OF  1,399        

THE FORM PRESCRIBED PURSUANT TO DIVISION (C)(1) OF SECTION         1,400        

109.572 OF THE REVISED CODE, PROVIDE TO EACH APPLICANT A STANDARD  1,401        

IMPRESSION SHEET TO OBTAIN FINGERPRINT IMPRESSIONS PRESCRIBED      1,403        

PURSUANT TO DIVISION (C)(2) OF SECTION 109.572 OF THE REVISED      1,405        

CODE, OBTAIN THE COMPLETED FORM AND IMPRESSION SHEET FROM EACH     1,407        

APPLICANT, AND FORWARD THE COMPLETED FORM AND IMPRESSION SHEET TO  1,409        

THE SUPERINTENDENT OF THE BUREAU OF CRIMINAL IDENTIFICATION AND    1,411        

INVESTIGATION AT THE TIME THE CRIMINAL RECORDS CHECK IS            1,412        

REQUESTED.                                                                      

      ANY APPLICANT WHO RECEIVES PURSUANT TO THIS DIVISION A COPY  1,414        

OF THE FORM PRESCRIBED PURSUANT TO DIVISION (C)(1) OF SECTION      1,415        

109.572 OF THE REVISED CODE AND A COPY OF AN IMPRESSION SHEET      1,416        

PRESCRIBED PURSUANT TO DIVISION (C)(2) OF THAT SECTION AND WHO IS  1,418        

                                                          33     


                                                                 
REQUESTED TO COMPLETE THE FORM AND PROVIDE A SET OF FINGERPRINT    1,419        

IMPRESSIONS SHALL COMPLETE THE FORM OR PROVIDE ALL THE             1,421        

INFORMATION NECESSARY TO COMPLETE THE FORM AND SHALL PROVIDE THE   1,422        

MATERIAL WITH THE IMPRESSIONS OF THE APPLICANT'S FINGERPRINTS.     1,423        

IF AN APPLICANT, UPON REQUEST, FAILS TO PROVIDE THE INFORMATION    1,424        

NECESSARY TO COMPLETE THE FORM OR FAILS TO PROVIDE IMPRESSIONS OF  1,425        

THE APPLICANT'S FINGERPRINTS, THE DIRECTOR SHALL NOT EMPLOY THE    1,426        

APPLICANT.                                                         1,427        

      (D)  THE DIRECTOR MAY REQUEST ANY OTHER STATE OR FEDERAL     1,429        

AGENCY TO SUPPLY THE DIRECTOR WITH A WRITTEN REPORT REGARDING THE  1,430        

CRIMINAL RECORD OF EACH APPLICANT.  WITH REGARD TO AN APPLICANT                 

WHO BECOMES A DEPARTMENT EMPLOYEE, IF THE EMPLOYEE HOLDS AN        1,431        

OCCUPATIONAL OR PROFESSIONAL LICENSE OR OTHER CREDENTIALS, THE     1,432        

DIRECTOR MAY REQUEST THAT THE STATE OR FEDERAL AGENCY THAT         1,433        

REGULATES THE EMPLOYEE'S OCCUPATION OR PROFESSION SUPPLY THE       1,434        

DIRECTOR WITH A WRITTEN REPORT OF ANY INFORMATION PERTAINING TO    1,435        

THE EMPLOYEE'S CRIMINAL RECORD THAT THE AGENCY OBTAINS IN THE      1,436        

COURSE OF CONDUCTING AN INVESTIGATION OR IN THE PROCESS OF         1,437        

RENEWING THE EMPLOYEE'S LICENSE OR OTHER CREDENTIALS.              1,438        

      (E)  EXCEPT AS PROVIDED IN DIVISION (K)(2) OF THIS SECTION   1,440        

AND IN RULES ADOPTED BY THE DIRECTOR IN ACCORDANCE WITH DIVISION   1,441        

(M) OF THIS SECTION, THE DIRECTOR SHALL NOT EMPLOY A PERSON TO     1,442        

FILL A POSITION WITH THE DEPARTMENT WHO HAS BEEN CONVICTED OF OR   1,443        

PLEADED GUILTY TO ANY OF THE FOLLOWING:                            1,444        

      (1)  A VIOLATION OF SECTION 2903.01, 2903.02, 2903.03,       1,446        

2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,     1,447        

2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,     1,448        

2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,     1,449        

2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01,  1,450        

2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25,     1,451        

2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05,    1,452        

2925.06, OR 3716.11 OF THE REVISED CODE, A VIOLATION OF SECTION    1,454        

2905.04 OF THE REVISED CODE AS IT EXISTED PRIOR TO JULY 1, 1996,   1,456        

A VIOLATION OF SECTION 2919.23 OF THE REVISED CODE THAT WOULD      1,457        

                                                          34     


                                                                 
HAVE BEEN A VIOLATION OF SECTION 2905.04 OF THE REVISED CODE AS    1,458        

IT EXISTED PRIOR TO JULY 1, 1996, HAD THE VIOLATION OCCURRED       1,459        

PRIOR TO THAT DATE, A VIOLATION OF SECTION 2925.11 OF THE REVISED  1,460        

CODE THAT IS NOT A MINOR DRUG POSSESSION OFFENSE, OR FELONIOUS     1,462        

SEXUAL PENETRATION IN VIOLATION OF FORMER SECTION 2907.12 OF THE   1,463        

REVISED CODE;                                                      1,464        

      (2)  A FELONY CONTAINED IN THE REVISED CODE THAT IS NOT      1,466        

LISTED IN THIS DIVISION, IF THE FELONY BEARS A DIRECT AND          1,468        

SUBSTANTIAL RELATIONSHIP TO THE DUTIES AND RESPONSIBILITIES OF     1,469        

THE POSITION BEING FILLED;                                                      

      (3)  ANY OFFENSE CONTAINED IN THE REVISED CODE CONSTITUTING  1,472        

A MISDEMEANOR OF THE FIRST DEGREE ON THE FIRST OFFENSE AND A       1,473        

FELONY ON A SUBSEQUENT OFFENSE, IF THE OFFENSE BEARS A DIRECT AND  1,474        

SUBSTANTIAL RELATIONSHIP TO THE POSITION BEING FILLED AND THE      1,475        

NATURE OF THE SERVICES BEING PROVIDED BY THE DEPARTMENT;                        

      (4)  A VIOLATION OF AN EXISTING OR FORMER MUNICIPAL          1,477        

ORDINANCE OR LAW OF THIS STATE, ANY OTHER STATE, OR THE UNITED     1,478        

STATES, IF THE OFFENSE IS SUBSTANTIALLY EQUIVALENT TO ANY OF THE   1,479        

OFFENSES LISTED OR DESCRIBED IN DIVISION (E)(1), (2), OR (3) OF    1,481        

THIS SECTION.                                                                   

      (F)  PRIOR TO EMPLOYING AN APPLICANT, THE DIRECTOR SHALL     1,483        

REQUIRE THE APPLICANT TO SUBMIT A STATEMENT WITH THE APPLICANT'S   1,484        

SIGNATURE ATTESTING THAT THE APPLICANT HAS NOT BEEN CONVICTED OF   1,485        

OR PLEADED GUILTY TO ANY OF THE OFFENSES LISTED OR DESCRIBED IN    1,486        

DIVISION (E) OF THIS SECTION.  THE DIRECTOR ALSO SHALL REQUIRE     1,488        

THE APPLICANT TO SIGN AN AGREEMENT UNDER WHICH THE APPLICANT       1,490        

AGREES TO NOTIFY THE DIRECTOR WITHIN FOURTEEN CALENDAR DAYS IF,                 

WHILE EMPLOYED WITH THE DEPARTMENT, THE APPLICANT IS EVER          1,492        

FORMALLY CHARGED WITH, CONVICTED OF, OR PLEADS GUILTY TO ANY OF    1,493        

THE OFFENSES LISTED OR DESCRIBED IN DIVISION (E) OF THIS SECTION.  1,495        

THE AGREEMENT SHALL INFORM THE APPLICANT THAT FAILURE TO REPORT    1,496        

FORMAL CHARGES, A CONVICTION, OR A GUILTY PLEA MAY RESULT IN       1,497        

BEING DISMISSED FROM EMPLOYMENT.                                   1,498        

      (G)  THE DIRECTOR SHALL PAY TO THE BUREAU OF CRIMINAL        1,500        

                                                          35     


                                                                 
IDENTIFICATION AND INVESTIGATION THE FEE PRESCRIBED PURSUANT TO    1,501        

DIVISION (C)(3) OF SECTION 109.572 OF THE REVISED CODE FOR EACH    1,502        

CRIMINAL RECORDS CHECK REQUESTED AND CONDUCTED PURSUANT TO THIS    1,503        

SECTION.                                                           1,504        

      (H)(1)  ANY REPORT OBTAINED PURSUANT TO THIS SECTION IS NOT  1,506        

A PUBLIC RECORD FOR PURPOSES OF SECTION 149.43 OF THE REVISED      1,507        

CODE AND SHALL NOT BE MADE AVAILABLE TO ANY PERSON, OTHER THAN     1,508        

THE APPLICANT WHO IS THE SUBJECT OF THE RECORDS CHECK OR CRIMINAL               

RECORDS CHECK OR THE APPLICANT'S REPRESENTATIVE, THE DEPARTMENT    1,509        

OR ITS REPRESENTATIVE, A COUNTY BOARD OF MENTAL RETARDATION AND    1,510        

DEVELOPMENTAL DISABILITIES, AND ANY COURT, HEARING OFFICER, OR     1,511        

OTHER NECESSARY INDIVIDUAL INVOLVED IN A CASE DEALING WITH THE     1,512        

DENIAL OF EMPLOYMENT TO THE APPLICANT OR THE DENIAL, SUSPENSION,   1,513        

OR REVOCATION OF A CERTIFICATE OR EVIDENCE OF REGISTRATION UNDER   1,515        

SECTION 5123.082 OF THE REVISED CODE.                                           

      (2)  AN INDIVIDUAL FOR WHOM THE DIRECTOR HAS OBTAINED        1,517        

REPORTS UNDER THIS SECTION MAY SUBMIT A WRITTEN REQUEST TO THE     1,518        

DIRECTOR TO HAVE COPIES OF THE REPORTS SENT TO ANY STATE AGENCY,   1,519        

ENTITY OF LOCAL GOVERNMENT, OR PRIVATE ENTITY.  THE INDIVIDUAL     1,520        

SHALL SPECIFY IN THE REQUEST THE AGENCIES OR ENTITIES TO WHICH     1,521        

THE COPIES ARE TO BE SENT.  ON RECEIVING THE REQUEST, THE          1,522        

DIRECTOR SHALL SEND COPIES OF THE REPORTS TO THE AGENCIES OR       1,523        

ENTITIES SPECIFIED.                                                             

      THE DIRECTOR MAY REQUEST THAT A STATE AGENCY, ENTITY OF      1,525        

LOCAL GOVERNMENT, OR PRIVATE ENTITY SEND COPIES TO THE DIRECTOR    1,526        

OF ANY REPORT REGARDING A RECORDS CHECK OR CRIMINAL RECORDS CHECK  1,527        

THAT THE AGENCY OR ENTITY POSSESSES, IF THE DIRECTOR OBTAINS THE   1,528        

WRITTEN CONSENT OF THE INDIVIDUAL WHO IS THE SUBJECT OF THE        1,529        

REPORT.                                                                         

      (I)  THE DIRECTOR SHALL REQUEST THE REGISTRAR OF MOTOR       1,531        

VEHICLES TO SUPPLY THE DIRECTOR WITH A CERTIFIED ABSTRACT          1,532        

REGARDING THE RECORD OF CONVICTIONS FOR VIOLATIONS OF MOTOR        1,533        

VEHICLE LAWS OF EACH APPLICANT WHO WILL BE REQUIRED BY THE         1,534        

APPLICANT'S EMPLOYMENT TO TRANSPORT INDIVIDUALS WITH MENTAL        1,535        

                                                          36     


                                                                 
RETARDATION OR A DEVELOPMENTAL DISABILITY OR TO OPERATE THE        1,537        

DEPARTMENT'S VEHICLES FOR ANY OTHER PURPOSE.  FOR EACH ABSTRACT                 

PROVIDED UNDER THIS SECTION, THE DIRECTOR SHALL PAY THE AMOUNT     1,538        

SPECIFIED IN SECTION 4509.05 OF THE REVISED CODE.                  1,539        

      (J)  THE DIRECTOR SHALL PROVIDE EACH APPLICANT WITH A COPY   1,541        

OF ANY REPORT OR ABSTRACT OBTAINED ABOUT THE APPLICANT UNDER THIS  1,542        

SECTION.                                                           1,543        

      (K)(1)  THE DIRECTOR SHALL INFORM EACH PERSON, AT THE TIME   1,545        

OF THE PERSON'S INITIAL APPLICATION FOR EMPLOYMENT, THAT THE       1,546        

PERSON IS REQUIRED TO PROVIDE A SET OF IMPRESSIONS OF THE          1,547        

PERSON'S FINGERPRINTS AND THAT A CRIMINAL RECORDS CHECK IS         1,548        

REQUIRED TO BE CONDUCTED AND SATISFACTORILY COMPLETED IN           1,549        

ACCORDANCE WITH SECTION 109.572 OF THE REVISED CODE IF THE PERSON  1,550        

COMES UNDER FINAL CONSIDERATION FOR EMPLOYMENT AS A PRECONDITION   1,551        

TO EMPLOYMENT IN A POSITION.                                       1,552        

      (2)  THE DIRECTOR MAY EMPLOY AN APPLICANT PENDING RECEIPT    1,554        

OF REPORTS REQUESTED UNDER THIS SECTION.  THE DIRECTOR SHALL       1,555        

TERMINATE EMPLOYMENT OF ANY SUCH APPLICANT IF IT IS DETERMINED     1,556        

FROM THE REPORTS THAT THE APPLICANT FAILED TO INFORM THE DIRECTOR  1,557        

THAT THE APPLICANT HAD BEEN CONVICTED OF OR PLEADED GUILTY TO ANY  1,558        

OF THE OFFENSES LISTED OR DESCRIBED IN DIVISION (E) OF THIS        1,559        

SECTION.                                                           1,560        

      (L)  THE DIRECTOR MAY CHARGE AN APPLICANT A FEE FOR COSTS    1,562        

THE DIRECTOR INCURS IN OBTAINING REPORTS, ABSTRACTS, OR            1,563        

FINGERPRINT IMPRESSIONS UNDER THIS SECTION.  A FEE CHARGED UNDER   1,564        

THIS DIVISION SHALL NOT EXCEED THE AMOUNT OF THE FEES THE          1,565        

DIRECTOR PAYS UNDER DIVISIONS (G) AND (I) OF THIS SECTION.  IF A   1,566        

FEE IS CHARGED UNDER THIS DIVISION, THE DIRECTOR SHALL NOTIFY THE  1,567        

APPLICANT OF THE AMOUNT OF THE FEE AT THE TIME OF THE APPLICANT'S  1,568        

INITIAL APPLICATION FOR EMPLOYMENT AND THAT, UNLESS THE FEE IS     1,569        

PAID, THE DIRECTOR WILL NOT CONSIDER THE APPLICANT FOR             1,570        

EMPLOYMENT.                                                                     

      (M)  THE DIRECTOR SHALL ADOPT RULES IN ACCORDANCE WITH       1,573        

CHAPTER 119. OF THE REVISED CODE TO IMPLEMENT THIS SECTION,        1,574        

                                                          37     


                                                                 
INCLUDING RULES SPECIFYING CIRCUMSTANCES UNDER WHICH THE DIRECTOR               

MAY EMPLOY A PERSON WHO HAS BEEN CONVICTED OF OR PLEADED GUILTY    1,575        

TO AN OFFENSE LISTED OR DESCRIBED IN DIVISION (E) OF THIS SECTION  1,577        

BUT WHO MEETS STANDARDS IN REGARD TO REHABILITATION SET BY THE     1,578        

DIRECTOR.                                                                       

      Sec. 5123.082.  (A)  The director of mental retardation and  1,587        

developmental disabilities shall adopt rules in accordance with    1,588        

Chapter 119. of the Revised Code:                                  1,589        

      (1)  Designating positions of employment for which the       1,591        

director determines that certification or evidence of              1,592        

registration is required as a condition of employment in the       1,593        

department of mental retardation and developmental disabilities,   1,594        

entities that contract with the department or county boards of     1,595        

mental retardation and developmental disabilities to operate       1,596        

programs or provide services to individuals PERSONS with mental    1,597        

retardation and developmental disabilities, or other positions of  1,599        

employment in programs that serve such individuals THOSE PERSONS;  1,600        

      (2)  Establishing levels of certification or registration    1,602        

for each position for which certification or registration is       1,603        

required;                                                                       

      (3)  Establishing for each level of each position the        1,605        

requirements that must be met to obtain certification or           1,606        

registration, including standards regarding education,             1,607        

specialized training, and experience.  The standards shall take    1,608        

into account the nature and needs of mentally retarded and         1,609        

developmentally disabled persons WITH MENTAL RETARDATION OR A      1,610        

DEVELOPMENTAL DISABILITY and the specialized techniques needed to  1,611        

serve them.                                                                     

      (4)  Establishing renewal schedules and renewal              1,613        

requirements for certification and registration, including         1,614        

standards regarding education, specialized training, and           1,616        

experience;                                                                     

      (5)  Establishing procedures for denial, suspension, and     1,618        

revocation of a certificate or evidence of registration,           1,619        

                                                          38     


                                                                 
including appeal procedures;                                       1,620        

      (6)  Establishing other requirements needed to carry out     1,622        

this section.                                                      1,623        

      (B)  The director shall issue, renew, deny, suspend, or      1,625        

revoke a certificate or evidence of registration in accordance     1,627        

with rules adopted under this section.  The director shall deny,   1,628        

suspend, or revoke a certificate or evidence of registration if    1,629        

the director finds, pursuant to an adjudication conducted in       1,630        

accordance with Chapter 119. of the Revised Code, that an          1,631        

applicant for or holder of a certificate or evidence of            1,632        

registration is guilty of intemperate, immoral, or other conduct   1,633        

unbecoming to the applicant's or holder's position, or is guilty   1,634        

of incompetence or negligence within the scope of the applicant's  1,635        

or holder's duties.  The director shall deny or revoke a           1,636        

certificate or evidence of registration after the director finds,               

pursuant to an adjudication conducted in accordance with Chapter   1,637        

119. of the Revised Code, that the applicant for or holder of the  1,638        

certificate or evidence of registration has been convicted of or   1,639        

pleaded guilty to any of the offenses LISTED OR described in       1,640        

division (E) of section 5126.28 of the Revised Code, unless the    1,641        

individual meets standards for rehabilitation that the director    1,642        

establishes in the rules adopted under that section.  Evidence     1,643        

supporting such allegations must be presented to the director in   1,644        

writing, and the director shall provide prompt notice of the       1,646        

allegations to the person who is the subject of the allegations.   1,647        

A denial, suspension, or revocation may be appealed in accordance  1,648        

with the procedures established in rules adopted under this        1,649        

section.                                                                        

      (C)  A person holding a valid certificate or evidence of     1,651        

registration under this section on the effective date of any       1,652        

rules adopted under this section that increase the certification   1,653        

or registration standards shall have such THE period as THAT the   1,654        

rules prescribe, but not less than one year after the effective    1,656        

date of the rules, to meet the new standards.                                   

                                                          39     


                                                                 
      (D)  No person shall be employed in a position for which     1,658        

certification or registration is required under rules adopted      1,659        

under this section, unless the person holds a valid certificate    1,660        

or evidence of registration for the position.                      1,661        

      Sec. 5123.09.  Subject to the rules of the department of     1,670        

mental retardation and developmental disabilities, each            1,671        

institution under the jurisdiction of the department shall be      1,672        

under the control of a managing officer to be known as a           1,673        

superintendent or by other appropriate title.  Such THE managing   1,674        

officer shall be appointed by the director of mental retardation   1,675        

and developmental disabilities, and shall be in the unclassified   1,676        

service and serve at the pleasure of the director.  Each managing  1,677        

officer shall be of good moral character and have skill, ability,  1,678        

and experience in his THE MANAGING OFFICER'S profession.           1,679        

Appointment to the position of managing officer of an institution  1,681        

may be made from persons holding positions in the classified       1,682        

service in the department.                                                      

      The managing officer, under the director, shall have entire  1,684        

executive charge of the institution for which such THE managing    1,685        

officer is appointed, execpt EXCEPT as provided in section         1,686        

5119.16 of the Revised Code.  Subject to civil service rules and   1,687        

rules adopted by the department, the managing officer shall        1,688        

appoint the necessary employees, and he THE MANAGING OFFICER or    1,690        

the director may remove such THOSE employees for cause.  If        1,692        

required by the director of mental retardation and developmental   1,694        

disabilities, the managing officers shall reside in the            1,695        

institution in which they are employed and devote their entire     1,696        

time to the interests of their particular institution.  A report   1,697        

of all appointments, resignations, and discharges shall be filed   1,698        

with the appropriate division at the close of each month.          1,699        

      After conference with the managing officer of each           1,701        

institution, the director shall determine the number of employees  1,702        

to be appointed to the various institutions and clinics.           1,703        

      Sec. 5123.092.  (A)  There is hereby established at each     1,712        

                                                          40     


                                                                 
institution and branch institution under the control of the        1,713        

department of mental retardation and developmental disabilities a  1,714        

citizen's advisory council consisting of thirteen members.  At     1,716        

least seven of the members shall be persons who are not providers  1,718        

of mental retardation services.  Each council shall include        1,720        

parents or other relatives of residents of institutions under the  1,721        

control of the department, community leaders, professional         1,722        

persons in relevant fields, and persons who have an interest in    1,723        

or knowledge of mental retardation.  The managing officer of the   1,724        

institution shall be a nonvoting member of the council.            1,725        

      (B)  Except as otherwise provided in this division, the THE  1,727        

director of mental retardation and developmental disabilities      1,728        

shall be the appointing authority for the voting members of each   1,729        

citizen's advisory council.  Each time the term of a voting        1,730        

member expires, the remaining members of the council shall         1,731        

recommend to the director one or more persons to serve on the      1,732        

council.  The director may accept a nominee of the council or      1,733        

reject the nominee or nominees.  If the director rejects the                    

nominee or nominees, the joint council on mental retardation and   1,734        

developmental disabilities created by section 101.37 of the        1,736        

Revised Code shall either appoint a person recommended by the      1,737        

advisory  council or reject the nominee or nominees.  If the       1,738        

joint council rejects the nominee or nominees, the remaining       1,739        

members of the advisory council shall FURTHER recommend to the     1,740        

director one or more other persons to serve on the advisory        1,742        

council.  This procedure shall continue until a member is          1,743        

appointed to the advisory council.  The joint council on mental    1,744        

retardation and developmental disabilities shall appoint the                    

original voting members of any citizen's advisory council created  1,745        

after November 15, 1981.  Thereafter, the director of mental       1,746        

retardation and developmental disabilities shall appoint members   1,747        

of the advisory council in accordance with this division.  Each    1,748        

      EACH advisory council shall elect from its twelve appointed  1,751        

members a chairperson, vice-chairperson, and a secretary to serve  1,753        

                                                          41     


                                                                 
for terms of one year.  Advisory council officers shall not serve  1,754        

for more than two consecutive terms in the same office.  A                      

majority of the advisory council members constitutes a quorum.     1,755        

      (C)  Terms of office of the original twelve appointees       1,757        

shall be as follows:                                               1,758        

      (1)  Four members, at least three of whom shall be persons   1,760        

who are not providers of mental retardation services, shall be     1,761        

appointed for a period of one year;                                1,762        

      (2)  Four members, at least two of whom shall be persons     1,764        

who are not providers of mental retardation services, shall be     1,765        

appointed for a period of two years;                               1,766        

      (3)  Four members, at least two of whom shall be persons     1,768        

who are not providers of mental retardation services, shall be     1,769        

appointed for a period of three years.                             1,770        

      Thereafter, terms of office shall be for three years, each   1,772        

term ending on the same day of the same month of the year as did   1,773        

the term which it succeeds.  No member shall serve more than two   1,774        

consecutive terms, except that any former member may be appointed  1,775        

if one year or longer has elapsed since the member served two      1,776        

consecutive terms.  Each member shall hold office from the date    1,777        

of appointment until the end of the term for which the member was  1,778        

appointed.  Any vacancy shall be filled in the same manner in      1,779        

which the original appointment was made, and the appointee to a    1,780        

vacancy in an unexpired term shall serve the balance of the term   1,781        

of the original appointee.  Any member shall continue in office    1,782        

subsequent to the expiration date of the member's term until the   1,784        

member's successor takes office, or until a period of sixty days   1,785        

has elapsed, whichever occurs first.                                            

      (D)  Members shall be expected to attend all meetings of     1,787        

the advisory council.  Unexcused absence from two successive       1,788        

regularly scheduled meetings shall be considered prima-facie       1,789        

evidence of intent not to continue as a member.  The chairperson   1,790        

of the board shall, after a member has been absent for two         1,791        

successive regularly scheduled meetings, direct a letter to the    1,792        

                                                          42     


                                                                 
member asking if the member wishes to remain in membership.  If    1,793        

an affirmative reply is received, the member shall be retained as  1,795        

a member except that, if, after having expressed a desire to                    

remain a member, the member then misses a third successive         1,796        

regularly scheduled meeting without being excused, the             1,797        

chairperson shall terminate the member's membership.               1,798        

      (E)  The A citizen's advisory councils COUNCIL shall meet    1,801        

six times annually, or more frequently if three council members    1,802        

request the chairperson to call a meeting.  The council shall      1,803        

keep minutes of each meeting and shall submit them to the          1,804        

managing officer of the institution with which the council is      1,805        

associated, the department of mental retardation and               1,806        

developmental disabilities, and the legal rights service.                       

      (F)  Members of citizen's advisory councils shall receive    1,808        

no compensation for their services, except that they shall be      1,809        

reimbursed for their actual and necessary expenses incurred in     1,810        

the performance of their official duties by the institution with   1,811        

which they are associated from funds allocated to it, provided     1,812        

that reimbursement for such THOSE expenses shall not exceed        1,813        

limits imposed upon the department of mental retardation and       1,815        

developmental disabilities by administrative rules regulating      1,816        

travel within this state.                                          1,817        

      (G)  The councils shall have reasonable access to all        1,819        

patient treatment and living areas and records of the              1,820        

institution, except those records of a strictly personal or        1,821        

confidential nature.  The councils shall have access to a          1,822        

patient's personal records with the consent of the patient or the  1,823        

patient's legal guardian or, if the patient is a minor, with the   1,824        

consent of the parent or legal guardian of the patient.            1,825        

      (H)  As used in this section, "branch institution" means a   1,827        

facility that is located apart from an institution and is under    1,828        

the control of the managing officer of the institution.            1,829        

      Sec. 5123.11.  (A)  The director of mental retardation and   1,838        

developmental disabilities shall MAY enter into an agreement with  1,840        

                                                          43     


                                                                 
the boards of trustees or boards of directors of two or more       1,841        

universities in which there is a college of medicine or college    1,842        

of osteopathic medicine, or of two or more colleges of medicine    1,843        

or colleges of osteopathic medicine, or any combination thereof    1,844        

OF THOSE UNIVERSITIES AND COLLEGES, to establish, manage, and      1,846        

conduct residency medical training programs.  The agreement may    1,847        

also provide for clinical clerkships for medical students.  The    1,848        

director shall also enter into an agreement with the boards of     1,849        

trustees or boards of directors of one or more universities in     1,850        

which there is a school of professional psychology to establish,   1,851        

manage, and conduct residency psychological training programs.     1,852        

      (B)  The department shall pay all costs incurred by a        1,854        

university or college that relate directly to the training of      1,855        

resident physicians or psychologists in programs developed under   1,856        

this section.  The director of mental retardation and              1,857        

developmental disabilities shall ensure that any procedures and    1,859        

limitations imposed for the purpose of reimbursing universities    1,860        

or colleges, or for direct payment of residents' salaries, are     1,861        

incorporated into agreements between the department and the        1,862        

universities or colleges.  Any agreement shall provide that        1,863        

residency training for a physician shall not exceed four calendar  1,864        

years.                                                                          

      Sec. 5123.17.  The department of mental retardation and      1,873        

developmental disabilities may provide for the custody,            1,874        

supervision, control, treatment, and training of mentally          1,875        

retarded or developmentally disabled persons WITH MENTAL           1,876        

RETARDATION OR A DEVELOPMENTAL DISABILITY elsewhere than within    1,877        

the enclosure of an institution under its jurisdiction, if the                  

department so determines with respect to any individual or group   1,878        

of individuals.  In all such cases, the department shall ensure    1,879        

adequate and proper supervision for the protection of such THOSE   1,880        

persons and of the public.                                         1,881        

      Sec. 5123.18.  (A)  As used in this section:                 1,890        

      (1)  "Contractor" means a person or government agency that   1,892        

                                                          44     


                                                                 
enters into a contract with the department of mental retardation   1,893        

and developmental disabilities under this section.                 1,894        

      (2)  "Government agency" means a state agency as defined in  1,896        

section 117.01 of the Revised Code or a similar agency of a        1,897        

political subdivision of the state.                                1,898        

      (3)  "Residential services" means the services necessary     1,900        

for an individual with mental retardation or a developmental       1,901        

disability to live in the community, including room and board,     1,902        

clothing, transportation, personal care, habilitation,             1,903        

supervision, and any other services the department considers       1,904        

necessary for the individual to live in the community.             1,905        

      (B)(1)  The department of mental retardation and             1,907        

developmental disabilities may enter into a contract with a        1,908        

person or government agency to provide residential services to     1,909        

individuals with mental retardation or developmental disabilities  1,910        

in need of residential services.  Contracts for residential        1,911        

services shall be of the following types:                          1,912        

      (a)  Companion home contracts - contracts under which the    1,914        

contractor is an individual, the individual is the primary         1,915        

caregiver, and the individual owns or leases and resides in the    1,916        

home in which the services are provided.                           1,917        

      (b)  Agency-operated companion home contracts - contracts    1,919        

under which the contractor subcontracts, for purposes of           1,920        

coordinating the provision of residential services, with one or    1,921        

more individuals who are primary caregivers and own or lease and   1,922        

reside in the homes in which the services are provided.            1,923        

      (c)  Community home contracts - contracts for residential    1,925        

services under which the contractor owns or operates a home that   1,926        

is used solely to provide residential services.                    1,927        

      (d)  Combined agency-operated companion home and community   1,929        

home contracts.                                                    1,930        

      (2)  A companion home contract shall cover not more than     1,932        

one home.  An agency-operated companion home contract or a         1,933        

community home contract may cover more than one home.              1,934        

                                                          45     


                                                                 
      (C)  Contracts shall be in writing and shall provide for     1,936        

payment to be made to the contractor at the times agreed to by     1,937        

the department and the contractor.  Each contract shall specify    1,938        

the period during which it is valid, the amount to be paid for     1,939        

residential services, and the number of individuals for whom       1,940        

payment will be made.  Contracts may be renewed.                   1,941        

      (D)  To be eligible to enter into a contract with the        1,943        

department under this section, the person or government agency     1,944        

and the home in which the residential services are provided must   1,945        

meet all applicable standards for licensing or certification by    1,946        

the appropriate government agency.  In addition, if the            1,947        

residential facility is operated as a nonprofit entity, the        1,948        

members of the board of trustees or board of directors of the      1,949        

facility must not have a financial interest in or receive          1,950        

financial benefit from the facility, other than reimbursement for  1,951        

actual expenses incurred in attending board meetings.              1,952        

      A home with a companion home contract or an agency operated  1,954        

companion home contract that has five or fewer residents with      1,955        

mental retardation or a developmental disability is a foster       1,956        

family home as defined in section 5123.19 of the Revised Code.     1,957        

      (E)(1)  The department shall determine the payment amount    1,959        

assigned to an initial contract.  To the extent that the           1,960        

department determines sufficient funds are available, the payment  1,961        

amount assigned to an initial contract shall be equal to the       1,962        

average amount assigned to contracts for other homes that are of   1,963        

the same type and size and serve individuals with similar needs,   1,964        

except that if an initial contract is the result of a change of    1,965        

contractor or ownership, the payment amount assigned to the        1,966        

contract shall be the lesser of the amount assigned to the         1,967        

previous contract or the contract's total adjusted predicted       1,968        

funding need calculated under division (I) of this section.        1,969        

      (2)  A renewed contract shall be assigned a payment amount   1,971        

in accordance with division (K) of this section.                   1,972        

      (3)  When a contractor relocates a home to another site at   1,974        

                                                          46     


                                                                 
which residential services are provided to the same individuals,   1,975        

the payment amount assigned to the contract for the new home       1,976        

shall be the payment amount assigned to the contract at the        1,977        

previous location.                                                 1,978        

      (F)(1)  Annually, a contractor shall complete an assessment  1,980        

of each individual to whom the contractor provides residential     1,981        

services to predict the individual's need for routine direct       1,982        

services staff.  The department shall establish by rule adopted    1,983        

in accordance with Chapter 119. of the Revised Code the            1,984        

assessment instrument to be used by contractors to make            1,985        

assessments.  Assessments shall be submitted to the department     1,986        

not later than the thirty-first day of January of each year.       1,987        

      A contractor shall submit a revised assessment for an        1,989        

individual if there is a substantial, long-term change in the      1,990        

nature of the individual's needs.  A contractor shall submit       1,991        

revised assessments for all individuals receiving residential      1,992        

services if there is a change in the composition of the home's     1,993        

residents.                                                         1,994        

      (2)  Annually, a contractor shall submit a cost report to    1,996        

the department specifying the costs incurred in providing          1,997        

residential services during the immediately preceding calendar     1,998        

year.  Only costs actually incurred by a contractor shall be       1,999        

reported on a cost report.  Cost reports shall be prepared         2,000        

according to a uniform chart of accounts approved by the           2,001        

department and shall be submitted on forms prescribed by the       2,002        

department.                                                        2,003        

      (3)  The department shall not renew the contract held by a   2,005        

contractor who fails to submit the assessments or cost reports     2,006        

required under this division.                                      2,007        

      (4)  The department shall adopt rules as necessary           2,009        

regarding the submission of assessments and cost reports under     2,010        

this division.  The rules shall be adopted in accordance with      2,011        

Chapter 119. of the Revised Code.                                  2,012        

      (G)  Prior to renewing a contract entered into under this    2,014        

                                                          47     


                                                                 
section, the department shall compute the contract's total         2,015        

predicted funding need and total adjusted predicted funding need.  2,016        

The department shall also compute the contract's unmet funding     2,017        

need if the payment amount assigned to the contract is less than   2,018        

the total adjusted predicted funding need.  The results of these   2,019        

calculations shall be used to determine the payment amount         2,020        

assigned to the renewed contract.                                  2,021        

      (H)(1)  A contract's total predicted funding need is an      2,023        

amount equal to the sum of the predicted funding needs for the     2,024        

following cost categories:                                         2,025        

      (a)  Routine direct services staff;                          2,027        

      (b)  Dietary, program supplies, and specialized staff;       2,029        

      (c)  Facility and general services;                          2,031        

      (d)  Administration.                                         2,033        

      (2)  Based on the assessments submitted by the contractor,   2,035        

the department shall compute the contract's predicted funding      2,036        

need for the routine direct services staff cost category by        2,037        

multiplying the number of direct services staff predicted to be    2,038        

necessary for the home by the sum of the following:                2,039        

      (a)  Entry level wages paid during the immediately           2,041        

preceding cost reporting period to comparable staff employed by    2,042        

the county board of mental retardation and developmental           2,043        

disabilities of the county in which the home is located;           2,044        

      (b)  Fringe benefits and payroll taxes as determined by the  2,046        

department using state civil service statistics from the same      2,047        

period as the cost reporting period.                               2,048        

      (3)  The department shall establish by rule adopted in       2,050        

accordance with Chapter 119. of the Revised Code the method to be  2,051        

used to compute the predicted funding need for the dietary,        2,052        

program supplies, and specialized staff cost category; the         2,053        

facility and general services cost category; and the               2,054        

administration cost category.  The rules shall not establish a     2,055        

maximum amount that may be attributed to the dietary, program      2,056        

supplies, and specialized staff cost category.  The rules shall    2,057        

                                                          48     


                                                                 
establish a process for determining the combined maximum amount    2,058        

that may be attributed to the facility and general services cost   2,059        

category and the administration cost category.                     2,060        

      (I)(1)  A contract's total adjusted predicted funding need   2,062        

is the contract's total predicted funding need with adjustments    2,063        

made for the following:                                            2,064        

      (a)  Inflation, as provided under division (I)(2) of this    2,066        

section;                                                           2,067        

      (b)  The predicted cost of complying with new requirements   2,069        

established under federal or state law that were not taken into    2,070        

consideration when the total predicted funding need was computed;  2,071        

      (c)  Changes in needs based on revised assessments           2,073        

submitted by the contractor.                                       2,074        

      (2)  In adjusting the total predicted funding need for       2,076        

inflation, the department shall use either the consumer price      2,077        

index compound annual inflation rate calculated by the United      2,078        

States department of labor for all items or another index or       2,079        

measurement of inflation designated in rules that the department   2,080        

shall adopt in accordance with Chapter 119. of the Revised Code.   2,081        

      When a contract is being renewed for the first time, and     2,083        

the contract is to begin on the first day of July, the inflation   2,084        

adjustment applied to the contract's total predicted funding need  2,085        

shall be the estimated rate of inflation for the calendar year in  2,086        

which the contract is renewed.  If the consumer price index is     2,087        

being used, the department shall base its estimate on the rate of  2,088        

inflation calculated for the three-month period ending the         2,089        

thirty-first day of March of that calendar year.  If another       2,090        

index or measurement is being used, the department shall base its  2,091        

estimate on the most recent calculations of the rate of inflation  2,092        

available under the index or measurement.  Each year thereafter,   2,093        

the inflation adjustment shall be estimated in the same manner,    2,094        

except that if the estimated rate of inflation for a year is       2,095        

different from the actual rate of inflation for that year, the     2,096        

difference shall be added to or subtracted from the rate of        2,097        

                                                          49     


                                                                 
inflation estimated for the next succeeding year.                  2,098        

      If a contract begins at any time other than July first, the  2,100        

inflation adjustment applied to the contract's total predicted     2,101        

funding need shall be determined by a method comparable to that    2,102        

used for contracts beginning July first.  The department shall     2,103        

adopt rules in accordance with Chapter 119. of the Revised Code    2,104        

establishing the method to be used.                                2,105        

      (J)  A contract's unmet funding need is the difference       2,107        

between the payment amount assigned to the contract and the total  2,108        

adjusted predicted funding need, if the payment amount assigned    2,109        

is less than the total adjusted predicted funding need.            2,110        

      (K)  The payment amount to be assigned to a contract being   2,112        

renewed shall be determined by comparing the total adjusted        2,113        

predicted funding need with the payment amount assigned to the     2,114        

current contract.                                                  2,115        

      (1)  If the payment amount assigned to the current contract  2,117        

equals or exceeds the total adjusted predicted funding need, the   2,118        

payment amount assigned to the renewed contract shall be the same  2,119        

as that assigned to the current contract, unless a reduction is    2,120        

made pursuant to division (L) of this section.                     2,121        

      (2)  If the payment amount assigned to the current contract  2,123        

is less than the total adjusted predicted funding need, the        2,124        

payment amount assigned to the renewed contract shall be           2,125        

increased if the department determines that funds are available    2,126        

for such increases.  The amount of a contract's increase shall be  2,127        

the same percentage of the available funds that the contract's     2,128        

unmet funding need is of the total of the unmet funding need for   2,129        

all contracts.                                                     2,130        

      (L)  When renewing a contract provided for in division (B)   2,132        

of this section other than a companion home contract, the          2,133        

department may reduce the payment amount assigned to a renewed     2,134        

contract if the sum of the contractor's allowable reported costs   2,135        

and the maximum efficiency incentive is less than ninety-one and   2,136        

one-half per cent of the amount received pursuant to this section  2,137        

                                                          50     


                                                                 
during the immediately preceding contract year.                    2,138        

      The department shall adopt rules in accordance with Chapter  2,140        

119. of the Revised Code establishing a formula to be used in      2,141        

computing the maximum efficiency incentive, which shall be at      2,142        

least four per cent of the weighted average payment amount to be   2,143        

made to all contractors during the contract year.  The maximum     2,144        

efficiency incentive shall be computed annually.                   2,145        

      (M)  The department may increase the payment amount          2,147        

assigned to a contract based on the contract's unmet funding need  2,148        

at times other than when the contract is renewed.  The department  2,149        

may develop policies for determining priorities in making such     2,150        

increases.                                                         2,151        

      (N)(1)  In addition to the contracts provided for in         2,153        

division (B) of this section, the department may enter into the    2,154        

following contracts:                                               2,155        

      (a)  A contract to pay the cost of beginning operation of a  2,157        

new home that is to be funded under a companion home contract,     2,158        

agency-operated companion home contract, community home contract,  2,159        

or combined agency-operated companion home and community home      2,160        

contract.                                                          2,161        

      (b)  A contract to pay the cost associated with increasing   2,163        

the number of individuals served by a home funded under a          2,164        

companion home contract, agency-operated companion home contract,  2,165        

community home contract, or combined agency-operated companion     2,166        

home and community home contract.                                  2,167        

      (2)  The department shall adopt rules as necessary           2,169        

regarding contracts entered into under this division.  The rules   2,170        

shall be adopted in accordance with Chapter 119. of the Revised    2,171        

Code.                                                              2,172        

      (O)  Except for companion home contracts, the department     2,174        

shall conduct a reconciliation of the amount earned under a        2,175        

contract and the actual costs incurred by the contractor.  An      2,176        

amount is considered to have been earned for delivering a service  2,177        

at the time the service is delivered.  The department shall adopt  2,178        

                                                          51     


                                                                 
rules in accordance with Chapter 119. of the Revised Code          2,179        

establishing procedures for conducting reconciliations.            2,180        

      A reconciliation shall be based on the annual cost report    2,182        

submitted by the contractor.  If a reconciliation reveals that a   2,183        

contractor owes money to the state, the amount owed shall be       2,184        

collected in accordance with section 5123.183 5123.051 of the      2,185        

Revised Code.                                                      2,186        

      When conducting reconciliations, the department shall        2,188        

review all reported costs that may be affected by transactions     2,189        

required to be reported under division (B)(3) of section 5123.172  2,190        

of the Revised Code.  If the department determines that such       2,191        

transactions have increased the cost reported by a contractor,     2,192        

the department may disallow or adjust the cost allowable for       2,193        

payment.  The department shall adopt rules in accordance with      2,194        

Chapter 119. of the Revised Code establishing standards for        2,195        

disallowances or adjustments.                                      2,196        

      (P)  The department may audit the contracts it enters into   2,199        

under this section.  Audits may be conducted by the department or  2,200        

an entity with which the department contracts to perform the       2,201        

audits.  The department shall adopt rules in accordance with       2,202        

Chapter 119. of the Revised Code establishing procedures for       2,203        

conducting audits.                                                 2,204        

      An audit may include the examination of a contractor's       2,206        

financial books and records, the costs incurred by a contractor    2,207        

in providing residential services, and any other relevant          2,208        

information specified by the department.  An audit shall not be    2,209        

commenced more than four years after the expiration of the         2,210        

contract to be audited, except in cases where the department has   2,211        

reasonable cause to believe that a contractor has committed        2,212        

fraud.                                                             2,213        

      If an audit reveals that a contractor owes money to the      2,215        

state, the amount owed, subject to an adjudication hearing under   2,216        

this division, shall be collected in accordance with section       2,217        

5123.183 5123.051 of the Revised Code.  If an audit reveals that   2,219        

                                                          52     


                                                                 
a reconciliation conducted under this section resulted in the                   

contractor erroneously paying money to the state, the department   2,220        

shall refund the money to the contractor, or, in lieu of making a  2,221        

refund, the department may offset the erroneous payment against    2,222        

any money determined as a result of the audit to be owed by the    2,223        

contractor to the state.  The department is not required to pay    2,224        

interest on any money refunded under this division.                2,225        

      In conducting audits or making determinations of amounts     2,227        

owed by a contractor and amounts to be refunded or offset, the     2,228        

department shall not be bound by the results of reconciliations    2,229        

conducted under this section, except with regard to cases          2,230        

involving claims that have been certified pursuant to section      2,231        

5123.183 5123.051 of the Revised Code to the attorney general for  2,233        

collection for which a full and final settlement has been reached               

or a final judgment has been made from which all rights of appeal  2,234        

have expired or been exhausted.                                    2,235        

      Not later than ninety days after an audit's completion, the  2,237        

department shall provide the contractor a copy of a report of the  2,238        

audit.  The report shall state the findings of the audit,          2,239        

including the amount of any money the contractor is determined to  2,240        

owe the state.                                                     2,241        

      Until November 9, 1996, a contractor may request that the    2,244        

department conduct an adjudication hearing concerning an audit     2,245        

report that states the contractor owes the state money.  The       2,246        

contractor shall specify in the request the audit findings the     2,247        

contractor contests.  At the contractor's request, the department  2,249        

shall conduct an adjudication hearing in accordance with Chapter   2,250        

119. of the Revised Code.  If a hearing officer rules in the       2,251        

department's favor on each audit finding that the contractor       2,252        

contests, the department may request the hearing officer to        2,253        

determine whether the request for the adjudication hearing was     2,254        

frivolous.  If the hearing officer determines the request was      2,255        

frivolous, the contractor shall, notwithstanding section 119.09    2,256        

of the Revised Code, pay the fees and expenses charged or          2,257        

                                                          53     


                                                                 
incurred by the hearing officer and court reporter in conducting   2,258        

the adjudication hearing.                                                       

      No contractor may request an adjudication hearing after      2,261        

November 9, 1996.  An adjudication hearing requested before        2,262        

November 9, 1996, may proceed after November 9, 1996.              2,263        

      (Q)  The department shall adopt rules specifying the amount  2,265        

that will be allowed under a reconciliation or audit for the cost  2,266        

incurred by a contractor for compensation of owners,               2,267        

administrators, and other personnel.  The rules shall be adopted   2,268        

in accordance with Chapter 119. of the Revised Code.               2,269        

      (R)  Each contractor shall, for at least seven years,        2,271        

maintain fiscal records related to payments received pursuant to   2,272        

this section.                                                      2,273        

      (S)  The department may enter into shared funding            2,275        

agreements with other government agencies to fund contracts        2,276        

entered into under this section.  The amount of each agency's      2,277        

share of the cost shall be determined through negotiations with    2,278        

the department.  The department's share shall not exceed the       2,279        

amount it would have paid without entering into the shared         2,280        

funding agreement, nor shall it be reduced by any amounts          2,281        

contributed by the other parties to the agreement.                 2,282        

      (T)  Except as provided in section 5123.194 of the Revised   2,284        

Code, an individual who receives residential services pursuant to  2,286        

divisions (A) through (U) of this section and the individual's     2,287        

liable relatives or guardians shall pay support charges in         2,289        

accordance with Chapter 5121. of the Revised Code.                 2,290        

      (U)  The department may make reimbursements or payments for  2,292        

any of the following pursuant to rules adopted under this          2,293        

division:                                                          2,294        

      (1)  Unanticipated, nonrecurring costs associated with the   2,296        

health or habilitation of a person who resides in a home funded    2,297        

under a contract provided for in division (B) of this section;     2,298        

      (2)  The cost of staff development training for contractors  2,300        

if the director of mental retardation and developmental            2,301        

                                                          54     


                                                                 
disabilities has given prior approval for the training;            2,302        

      (3)  Fixed costs that the department, pursuant to the        2,304        

rules, determines relate to the continued operation of a home      2,305        

funded under a contract provided for in division (B) of this       2,306        

section when a short term vacancy occurs and the contractor has    2,307        

diligently attempted to fill the vacancy.                          2,308        

      The department shall adopt rules in accordance with Chapter  2,310        

119. of the Revised Code establishing standards for use in         2,311        

determining which costs it may make payment or reimbursements for  2,312        

under this division.                                               2,313        

      (V)  In addition to the rules required or authorized to be   2,315        

adopted under this section, the department may adopt any other     2,316        

rules necessary to implement divisions (A) through (U) of this     2,318        

section.  The rules shall be adopted in accordance with Chapter    2,319        

119. of the Revised Code.                                                       

      (W)  The department may delegate to county boards of mental  2,322        

retardation and developmental disabilities its authority under                  

this section to negotiate and enter into contracts or              2,324        

subcontracts for residential services.  In the event that it       2,326        

elects to delegate its authority, the department shall adopt       2,327        

rules in accordance with Chapter 119. of the Revised Code for the  2,330        

boards' administration of the contracts or subcontracts.  In                    

administering the contracts or subcontracts, the boards shall be   2,331        

subject to all applicable provisions of Chapter 5126. of the       2,333        

Revised Code and shall not be subject to the provisions of         2,335        

divisions (A) to (V) of this section.                              2,337        

      Subject to the department's rules, a board may require the   2,340        

following to contribute to the cost of the residential services    2,341        

an individual receives pursuant to this division:  the individual  2,342        

or the individual's estate, the individual's spouse, the           2,343        

individual's guardian, and, if the individual is under age                      

eighteen, either or both of the individual's parents.  Chapter     2,344        

5121. of the Revised Code shall not apply to individuals or        2,346        

entities that are subject to making contributions under this       2,347        

                                                          55     


                                                                 
division.  In calculating contributions to be made under this      2,348        

division, a board, subject to the department's rules, may allow    2,349        

an amount to be kept for meeting the personal needs of the         2,350        

individual who receives residential services.                                   

      Sec. 5123.181.  The director of mental retardation and       2,359        

developmental disabilities and the director of job and family      2,361        

services shall, in concert with each other, eliminate all double   2,362        

billings and double payments for services on behalf of mentally    2,363        

retarded and developmentally disabled persons WITH MENTAL          2,364        

RETARDATION OR ANOTHER DEVELOPMENTAL DISABILITY in intermediate    2,365        

care facilities.  The department of mental retardation and         2,366        

developmental disabilities may enter into contracts with           2,367        

providers of services for the purpose of making payments to such   2,368        

THE providers for services rendered to eligible clients who are    2,370        

mentally retarded or developmentally disabled persons WITH MENTAL  2,371        

RETARDATION OR A DEVELOPMENTAL DISABILITY over and above the       2,373        

services authorized and paid under Chapter 5111. of the Revised    2,374        

Code.  Payments authorized under this section and section 5123.18  2,375        

of the Revised Code shall not be subject to audit findings         2,376        

pursuant to Chapter 5111. of the Revised Code, unless such AN      2,377        

audit determines that payment was made to the provider for         2,378        

services that were not rendered in accordance with the provisions  2,379        

of the provider agreement entered into with the department of job  2,380        

and family services or the department of mental retardation and    2,381        

developmental disabilities pursuant to this section.               2,382        

      Sec. 5123.19.  (A)  As used in this section and in sections  2,392        

5123.191, 5123.194, and 5123.20 of the Revised Code:               2,393        

      (1)  "Residential facility" means a home or facility in      2,395        

which a mentally retarded or developmentally disabled person       2,396        

resides, except the home of a relative or legal guardian in which  2,397        

a mentally retarded or developmentally disabled person resides, a  2,398        

respite care home certified under section 5126.05 of the Revised   2,399        

Code, a county home or district home operated pursuant to Chapter  2,400        

5155. of the Revised Code, or a dwelling in which the only         2,401        

                                                          56     


                                                                 
mentally retarded or developmentally disabled residents are in an  2,402        

independent living arrangement or are being provided supported     2,403        

living.                                                            2,404        

      (2)  "Family home" means a residential facility that         2,406        

provides room and board, personal care, habilitation services,     2,407        

and supervision in a family setting for at least six but not more  2,408        

than eight mentally retarded or developmentally disabled persons.  2,409        

      (3)  "Group home" means a residential facility that          2,411        

provides room and board, personal care, habilitation services,     2,412        

and supervision in a family setting for at least nine but not      2,413        

more than sixteen mentally retarded or developmentally disabled    2,414        

persons.                                                           2,415        

      (4)  "Political subdivision" means a municipal corporation,  2,417        

county, or township.                                               2,418        

      (5)  "Foster family home" means a residential facility that  2,420        

provides room and board, personal care, habilitation services,     2,421        

and supervision in a family setting for not more than five         2,422        

mentally retarded or developmentally disabled persons.             2,423        

      (6)  "Semi-independent living home" means a residential      2,425        

facility for a mentally retarded or developmentally disabled       2,426        

person where, according to the person's individual habilitation    2,428        

plan, the person demonstrates skills that would enable the person  2,429        

to function for specified periods of time without supervision.     2,430        

Such skills include, but are not limited to, home management,      2,431        

community mobility, personal hygiene, interpersonal relationship   2,432        

skills, and self-preservation.                                     2,433        

      (7)(3)  "Independent living arrangement" means an            2,435        

arrangement in which a mentally retarded or developmentally        2,436        

disabled person resides in an individualized setting chosen by     2,437        

the person or the person's guardian, which is not dedicated        2,439        

principally to the provision of residential services for mentally  2,440        

retarded or developmentally disabled persons, and for which no     2,441        

financial support is received for rendering such service from any  2,442        

governmental agency by a provider of residential services.         2,443        

                                                          57     


                                                                 
      (8)(4)  "Supported living" has the same meaning as in        2,445        

section 5126.01 of the Revised Code.                               2,446        

      (9)(5)  "Licensee" means the person or government agency     2,448        

that has applied for a license to operate a residential facility   2,449        

and to which the license was issued under this section.            2,450        

      (B)  Every person or government agency desiring to operate   2,452        

a residential facility shall apply for licensure of the facility   2,453        

to the director of mental retardation and developmental            2,454        

disabilities unless the residential facility is subject to         2,455        

section 3721.02, 3722.04, 5103.03, or 5119.20 of the Revised       2,456        

Code.  Notwithstanding Chapter 3721. of the Revised Code, a        2,457        

nursing home that is certified as an intermediate care facility    2,458        

for the mentally retarded under Title XIX of the "Social Security  2,459        

Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended, shall      2,460        

apply for licensure of the portion of the home that is certified   2,461        

as an intermediate care facility for the mentally retarded.        2,462        

      (C)  The director of mental retardation and developmental    2,464        

disabilities shall license and inspect the operation of            2,465        

residential facilities.  The director may deny or revoke such      2,466        

licenses.                                                          2,467        

      Except as provided in divisions (G) and (O) of this          2,469        

section, a license is valid until it is revoked or voluntarily     2,470        

surrendered.  Appeals from proceedings initiated to deny           2,471        

applications for licenses or to revoke licenses shall be           2,472        

conducted in accordance with Chapter 119. of the Revised Code.     2,473        

      In accordance with Chapter 119. of the Revised Code, the     2,475        

director shall adopt and may amend and rescind rules for           2,476        

licensing and regulating the operation of residential facilities.  2,477        

The rules shall establish the following:                           2,478        

      (1)  Procedures for issuing, denying, and revoking           2,480        

licenses;                                                          2,481        

      (2)  Fees for issuing licenses;                              2,483        

      (3)  Procedures for the inspection of residential            2,485        

facilities;                                                        2,486        

                                                          58     


                                                                 
      (4)  Requirements for the training of residential facility   2,488        

personnel;                                                         2,489        

      (5)  Classifications for the various types of residential    2,491        

facilities;                                                        2,492        

      (6)  Certification procedures for licensees and management   2,494        

contractors that the director determines are necessary to ensure   2,495        

that they have the skills and qualifications to properly operate   2,496        

or manage residential facilities;                                  2,497        

      (7)  The maximum number of persons who may be served in a    2,499        

particular type of residential facility;                           2,500        

      (8)  Uniform procedures for admission of persons to and      2,502        

transfers and discharges of persons from residential facilities;   2,503        

      (9)  Other standards for the operation of residential        2,505        

facilities and the services provided at residential facilities;    2,506        

      (10)  Procedures for waiving any provision of any rule       2,508        

adopted under this section.                                        2,509        

      (D)  Before issuing a license, the director of the           2,511        

department or the director's designee shall conduct an inspection  2,513        

of the residential facility for which application is made.  The    2,514        

director or the director's designee shall conduct an inspection    2,515        

of each licensed residential facility at least once each year and  2,517        

may conduct additional inspections as needed.  An inspection       2,518        

includes but is not limited to an on-site examination and          2,519        

evaluation of the residential facility, its personnel, and the     2,520        

services provided there.                                           2,521        

      In conducting inspections, the director or the director's    2,523        

designee shall be given access to the residential facility; all    2,525        

records, accounts, and any other documents related to the          2,526        

operation of the facility; the licensee; the residents of the      2,527        

facility; and all persons acting on behalf of, under the control   2,528        

of, or in connection with the licensee.  The licensee and all      2,529        

persons on behalf of, under the control of, or in connection with  2,530        

the licensee shall cooperate with the director or the director's   2,531        

designee in conducting the inspection.                             2,533        

                                                          59     


                                                                 
      Following each inspection, unless the director initiates a   2,535        

license revocation proceeding, the director or the director's      2,537        

designee shall provide the licensee with a report listing any      2,538        

deficiencies, specifying a timetable within which the licensee     2,539        

shall submit a plan of correction describing how the deficiencies  2,540        

will be corrected, and, when appropriate, specifying a timetable   2,541        

within which the licensee must correct the deficiencies.  After a  2,542        

plan of correction is submitted, the director or the director's    2,543        

designee shall approve or disapprove the plan.  A copy of the      2,545        

report and any approved plan of correction shall be provided to    2,546        

any person who requests it.                                        2,547        

      If it is determined that a residential facility is not       2,549        

being operated in compliance with this chapter or the rules        2,550        

adopted under it, the director may take such steps as are          2,551        

necessary, including, but not limited to, suspension of            2,552        

admissions to the residential facility, placement of a monitor at  2,553        

the residential facility, and the initiation of license            2,554        

revocation proceedings.                                            2,555        

      When the director initiates license revocation proceedings,  2,557        

no opportunity for submitting a plan of correction shall be        2,558        

given.  The director shall notify the licensee by letter of the    2,559        

initiation of such proceedings.  The letter shall list the         2,560        

deficiencies of the residential facility and inform the licensee   2,561        

that no plan of correction will be accepted.  The director shall   2,562        

also notify each affected resident, the resident's guardian if     2,563        

the resident is an adult for whom a guardian has been appointed,   2,564        

the resident's parent or guardian if the resident is a minor, and  2,565        

the county board of mental retardation and developmental           2,566        

disabilities.                                                      2,567        

      Pursuant to rules which shall be adopted in accordance with  2,570        

Chapter 119. of the Revised Code, the director may order the       2,571        

immediate removal of residents from a residential facility         2,572        

whenever conditions at the facility present an immediate danger    2,573        

of physical or psychological harm to the residents.                2,574        

                                                          60     


                                                                 
      In determining whether a residential facility is being       2,576        

operated in compliance with this chapter or the rules adopted      2,577        

under it, or whether conditions at a residential facility present  2,578        

an immediate danger of physical or psychological harm to the       2,579        

residents, the director may rely on information obtained by a      2,580        

county board of mental retardation and developmental disabilities  2,581        

or other governmental agencies in the course of investigating      2,582        

major unusual incidents.  The director shall adopt rules in        2,583        

accordance with Chapter 119. of the Revised Code that specify      2,584        

what constitute "major unusual incidents."                         2,585        

      The director shall suspend without pay for a period of at    2,587        

least three days any department employee who notifies or causes    2,588        

the notification to any unauthorized person of an unannounced      2,589        

inspection of a residential facility by an authorized              2,590        

representative of the department.                                  2,591        

      (E)  In proceedings initiated to deny or revoke licenses     2,593        

under this section, the director may deny or revoke a license      2,594        

regardless of whether some or all of the deficiencies that         2,595        

prompted the proceedings have been corrected at the time of the    2,596        

hearing.                                                           2,597        

      (F)  In addition to any other information which may be       2,599        

required of applicants for a license pursuant to this section,     2,600        

the director shall require each applicant to provide a copy of an  2,601        

approved plan for a proposed residential facility pursuant to      2,602        

section 5123.042 of the Revised Code.                              2,603        

      (G)  Pursuant to rules which shall be adopted in accordance  2,606        

with Chapter 119. of the Revised Code, the director may require    2,607        

notification to the department of any significant change in the    2,608        

ownership of a residential facility or in the identity of the      2,609        

licensee or management contractor.  When such notification is not  2,610        

given, the director may cancel the residential facility's          2,611        

license.  If the director determines that a significant change of  2,612        

ownership is proposed, the director shall consider the proposed    2,614        

change to be an application for development by a new operator      2,615        

                                                          61     


                                                                 
pursuant to section 5123.042 of the Revised Code and shall advise  2,617        

the applicant within sixty days of such notification that the      2,618        

current license shall continue in effect or a new license will be  2,619        

required pursuant to this section.                                              

      (H)  A county board of mental retardation and developmental  2,621        

disabilities, the legal rights service, and any interested person  2,622        

may file complaints alleging violations of statute or department   2,623        

rule relating to residential facilities with the department.  All  2,624        

complaints shall be in writing and shall state the facts           2,625        

constituting the basis of the allegation.  The department shall    2,626        

not reveal the source of any complaint unless the complainant      2,627        

agrees in writing to waive the right to confidentiality or until   2,628        

so ordered by a court of competent jurisdiction.                   2,629        

      The department shall acknowledge receipt of the complaint    2,631        

and notify the complainant of the action that will be taken with   2,632        

respect to it within five working days of receiving it.            2,633        

      The substance of a complaint shall not be provided to a      2,635        

licensee until the commencement of an inspection or                2,636        

investigation.                                                     2,637        

      (I)  The department shall establish procedures for the       2,639        

notification of interested parties of the transfer or interim      2,640        

care of residents from residential facilities that are closing or  2,641        

are losing their license.                                          2,642        

      (J)  Before issuing a license under this section to a        2,644        

residential facility that will accommodate at any time more than   2,645        

one mentally retarded or developmentally disabled individual, the  2,646        

director shall, by first class mail, notify the following:         2,647        

      (1)  If the facility will be located in a municipal          2,649        

corporation, the clerk of the legislative authority of the         2,650        

municipal corporation;                                             2,651        

      (2)  If the facility will be located in unincorporated       2,653        

territory, the clerk of the appropriate board of county            2,654        

commissioners and the clerk of the appropriate board of township   2,655        

trustees.                                                          2,656        

                                                          62     


                                                                 
      The director shall not issue the license for ten days after  2,658        

mailing the notice, excluding Saturdays, Sundays, and legal        2,659        

holidays, in order to give the notified local officials time in    2,660        

which to comment on the proposed issuance.                         2,661        

      Any legislative authority of a municipal corporation, board  2,663        

of county commissioners, or board of township trustees that        2,664        

receives notice under this division of the proposed issuance of a  2,665        

license for a residential facility may comment on it in writing    2,666        

to the director within ten days after the director mailed the      2,667        

notice, excluding Saturdays, Sundays, and legal holidays.  If the  2,668        

director receives written comments from any notified officials     2,669        

within the specified time, the director shall make written         2,670        

findings concerning the comments and the director's decision on    2,672        

the issuance of the license.  If the director does not receive     2,674        

written comments from any notified local officials within the      2,675        

specified time, the director shall continue the process for        2,677        

issuance of the license.                                                        

      (K)  Any person may operate a licensed family home           2,679        

RESIDENTIAL FACILITY THAT PROVIDES ROOM AND BOARD, PERSONAL CARE,  2,680        

HABILITATION SERVICES, AND SUPERVISION IN A FAMILY SETTING FOR AT  2,681        

LEAST SIX BUT NOT MORE THAN EIGHT PERSONS WITH MENTAL RETARDATION  2,682        

OR A DEVELOPMENTAL DISABILITY as a permitted use in any            2,683        

residential district or zone, including any single-family          2,684        

residential district or zone, of any political subdivision.        2,685        

Family homes THESE RESIDENTIAL FACILITIES may be required to       2,686        

comply with area, height, yard, and architectural compatibility    2,687        

requirements that are uniformly imposed upon all single-family     2,688        

residences within the district or zone.                            2,689        

      (L)  Any person may operate a licensed group home            2,691        

RESIDENTIAL FACILITY THAT PROVIDES ROOM AND BOARD, PERSONAL CARE,  2,692        

HABILITATION SERVICES, AND SUPERVISION IN A FAMILY SETTING FOR AT  2,693        

LEAST NINE BUT NOT MORE THAN SIXTEEN PERSONS WITH MENTAL           2,694        

RETARDATION OR A DEVELOPMENTAL DISABILITY as a permitted use in    2,696        

any multiple-family residential district or zone of any political  2,697        

                                                          63     


                                                                 
subdivision, except that a political subdivision that has enacted  2,698        

a zoning ordinance or resolution establishing planned unit         2,699        

development districts may exclude group homes THESE RESIDENTIAL    2,700        

FACILITIES from such districts, and a political subdivision that   2,701        

has enacted a zoning ordinance or resolution may regulate group    2,702        

homes THESE RESIDENTIAL FACILITIES in multiple-family residential  2,704        

districts or zones as a conditionally permitted use or special     2,705        

exception, in either case, under reasonable and specific           2,706        

standards and conditions set out in the zoning ordinance or        2,707        

resolution to:                                                                  

      (1)  Require the architectural design and site layout of     2,709        

the home RESIDENTIAL FACILITY and the location, nature, and        2,710        

height of any walls, screens, and fences to be compatible with     2,712        

adjoining land uses and the residential character of the           2,713        

neighborhood;                                                                   

      (2)  Require compliance with yard, parking, and sign         2,715        

regulation;                                                        2,716        

      (3)  Limit excessive concentration of homes THESE            2,718        

RESIDENTIAL FACILITIES.                                            2,719        

      (M)  This section does not prohibit a political subdivision  2,721        

from applying to residential facilities nondiscriminatory          2,722        

regulations requiring compliance with health, fire, and safety     2,723        

regulations and building standards and regulations.                2,724        

      (N)  Divisions (K) and (L) of this section are not           2,726        

applicable to municipal corporations that had in effect on June    2,727        

15, 1977, an ordinance specifically permitting in residential      2,728        

zones licensed residential facilities by means of permitted uses,  2,729        

conditional uses, or special exception, so long as such ordinance  2,730        

remains in effect without any substantive modification.            2,731        

      (O)  The director may issue an interim license to operate a  2,733        

residential facility to an applicant for a license under this      2,734        

section if all of the following conditions are met:                2,735        

      (1)  The director determines that an emergency exists that   2,737        

requires immediate placement of persons in a residential           2,738        

                                                          64     


                                                                 
facility, and insufficient licensed beds are available.            2,739        

      (2)  The residential facility meets standards in rules for   2,741        

interim licenses that the director shall adopt in accordance with  2,742        

Chapter 119. of the Revised Code.                                  2,743        

      (3)  The director determines that the residential facility   2,745        

is likely to receive a license under this section within thirty    2,746        

days after issuance of the interim license.                        2,747        

      An interim license shall be valid for thirty days and may    2,749        

be renewed by the director no more than twice.                     2,750        

      (P)  Notwithstanding rules adopted pursuant to this section  2,752        

establishing the maximum number of persons who may be served in a  2,753        

particular type of residential facility, a residential facility    2,754        

shall be permitted to serve the same number of persons being       2,755        

served by the facility on the effective date of such rules or the  2,756        

number of persons for which the facility is authorized pursuant    2,757        

to a current application for a certificate of need with a letter   2,758        

of support from the department of mental retardation and           2,759        

developmental disabilities and which is in the review process      2,760        

prior to April 4, 1986.                                            2,761        

      (Q)  The director or the director's designee may enter at    2,763        

any time, for purposes of investigation, any home, facility, or    2,765        

other structure that has been reported to the director or that     2,766        

the director has reasonable cause to believe is being operated as  2,767        

a residential facility without a license issued under this         2,768        

section.                                                                        

      The director may petition the court of common pleas of the   2,770        

county in which an unlicensed residential facility is located for  2,771        

an order enjoining the person or governmental agency operating     2,772        

the facility from continuing to operate without a license.  The    2,773        

court may grant the injunction on a showing that the person or     2,774        

governmental agency named in the petition is operating a           2,775        

residential facility without a license.  The court may grant the   2,776        

injunction, regardless of whether the residential facility meets   2,777        

the requirements for receiving a license under this section.       2,778        

                                                          65     


                                                                 
      Sec. 5123.21.  The director of the department of mental      2,787        

retardation and developmental disabilities or the director's       2,788        

designee may transfer or authorize the transfer of an involuntary  2,790        

resident or a consenting voluntary resident from one public        2,791        

institution to another or to an institution other than a public    2,792        

institution or other facility, if the director determines that it  2,793        

would be consistent with the habilitation needs of the resident    2,794        

to do so.                                                                       

      Before an involuntary resident may be transferred to a more  2,796        

restrictive setting, the head MANAGING OFFICER of the hospital     2,798        

INSTITUTION shall file a motion with the court requesting the      2,799        

court to amend its order of placement issued under section         2,800        

5123.76 of the Revised Code.  At the resident's request, the       2,801        

court shall hold a hearing on the motion at which the resident     2,802        

has the same rights as at a full hearing under section 5123.76 of  2,803        

the Revised Code.                                                               

      Whenever a resident is transferred, the director shall give  2,805        

written notice of the transfer to the resident's legal guardian,   2,807        

parents, spouse, and counsel, or, if none is known, to the         2,809        

resident's nearest known relative or friend.  If the resident is   2,811        

a minor, the department before making such a transfer shall make   2,812        

a minute of the order for the transfer and the reason for it upon  2,814        

its record and shall send a certified copy at least seven days     2,816        

prior to the transfer to the person shown by its record to have    2,818        

had the care or custody of the minor immediately prior to the      2,819        

minor's commitment.  Whenever a consenting voluntary resident is   2,822        

transferred, the notification shall be given only at the           2,824        

resident's request.  The managing officer shall advise a           2,825        

voluntary resident who is being transferred that the patient may   2,826        

decide if such a notification shall be given.  In all such         2,829        

transfers, due consideration shall be given to the relationship    2,830        

of the resident to the resident's family, legal guardian, or       2,832        

friends, so as to maintain relationships and encourage visits      2,833        

beneficial to the resident.                                                     

                                                          66     


                                                                 
      Sec. 5123.27.  The director of mental retardation and        2,842        

developmental disabilities may accept, hold, and administer in     2,843        

trust on behalf of the state, if it is for the public interest,    2,844        

any grant, devise, gift, or bequest of money or property made to   2,845        

the state for the use or benefit of any institution under the      2,846        

jurisdiction of the department of mental retardation and           2,847        

developmental disabilities or for the use and benefit of mentally  2,848        

retarded or developmentally disabled persons WITH MENTAL           2,849        

RETARDATION OR A DEVELOPMENTAL DISABILITY under the control of     2,850        

the department.  If the trust so provides, the money or property   2,851        

may be used for any work which the department is authorized to     2,852        

undertake.                                                         2,853        

      The department shall keep such gift, grant, devise, or       2,855        

bequest as a distinct property or fund and, if it is in money,     2,856        

shall invest it in the manner provided by law.  The department     2,857        

may deposit in a proper trust company or savings bank any money    2,858        

left in trust during a specified life or lives and shall adopt     2,859        

rules governing the deposit, transfer, withdrawal, or investment   2,860        

of such THE money and the income thereof FROM IT.                  2,861        

      The department shall, in the manner prescribed by the        2,863        

director of budget and management pursuant to section 126.21 of    2,864        

the Revised Code, account for all money or property received or    2,865        

expended under this section.  The records, together with a         2,866        

statement certified by the depository showing the money deposited  2,867        

there to the credit of the trust, shall be open to public          2,868        

inspection.  The director of budget and management may require     2,869        

the department to file a report with him THE DIRECTOR on any       2,870        

particular portion, or the whole, of any trust property received   2,872        

or expended by it.                                                 2,873        

      The department shall, upon the expiration of any trust       2,875        

according to its terms, dispose of the money or property held      2,876        

thereunder UNDER THE TRUST in the manner provided in the           2,877        

instrument creating the trust.  If the instrument creating the     2,879        

trust failed to make any terms of disposition, or if no trust was  2,880        

                                                          67     


                                                                 
in evidence, then the decedent resident's money, saving or         2,881        

commercial deposits, dividends or distributions, bonds, or any     2,882        

other interest-bearing debt certificate or stamp issued by the     2,883        

United States government shall escheat to the state.  All such     2,884        

unclaimed intangible personal property of a former resident shall  2,885        

be retained by the managing officer in such institution for the    2,886        

period of one year, during which time every possible effort shall  2,887        

be made to find such THE former resident or his THE FORMER         2,888        

RESIDENT'S legal representative.                                   2,890        

      If after a period of one year from the time the resident     2,892        

has left the institution or has died, the managing officer has     2,893        

been unable to locate such THE person or his THE PERSON'S legal    2,895        

representative, then, upon proper notice of such THAT fact, the    2,897        

director shall at that time formulate in writing a method of       2,899        

disposition on the minutes of the department authorizing the       2,900        

managing officer to convert such intangible personal property to   2,901        

cash to be paid into the state treasury to the credit of the       2,902        

general revenue fund.                                                           

      The department shall include in its annual report a          2,904        

statement of all such money and property and the terms and         2,905        

conditions relating thereto TO THEM.                               2,906        

      Sec. 5123.34.  This chapter attempts to do all of the        2,915        

following:                                                                      

      (A)  Provide humane and scientific treatment and care and    2,918        

the highest attainable degree of individual development for                     

mentally retarded or developmentally disabled persons WITH MENTAL  2,919        

RETARDATION OR A DEVELOPMENTAL DISABILITY;                         2,920        

      (B)  Promote the study of the causes of mental retardation   2,923        

and developmental disabilities, with a view to ultimate            2,924        

prevention;                                                                     

      (C)  Secure by uniform and systematic management the         2,926        

highest attainable degree of economy in the administration of the  2,927        

institutions under the control of the department of mental         2,928        

retardation and developmental disabilities.                        2,929        

                                                          68     


                                                                 
      Sections 5123.02 to 5123.04, 5123.041 to 5123.043, 5123.10,  2,932        

5123.21, 5123.221, 5123.25, and 5123.31 of the Revised Code shall               

be liberally construed to attain such THESE purposes.              2,933        

      Sec. 5123.351.  The director of mental retardation and       2,942        

developmental disabilities, with respect to the eligibility for    2,943        

state reimbursement of expenses incurred by facilities and         2,944        

programs established and operated under Chapter 5126. of the       2,945        

Revised Code for mentally retarded and developmentally disabled    2,946        

persons WITH MENTAL RETARDATION OR A DEVELOPMENTAL DISABILITY,     2,948        

shall do all of the following:                                                  

      (A)  Make rules that may be necessary to carry out the       2,951        

purposes of Chapter 5126. and sections 5123.35, 5123.351, and      2,952        

5123.36 of the Revised Code;                                       2,953        

      (B)  Define minimum standards for qualifications of          2,955        

personnel, professional services, and in-service training and      2,956        

educational leave programs;                                        2,957        

      (C)  Review and evaluate community programs and make         2,959        

recommendations for needed improvements to county boards of        2,960        

mental retardation and developmental disabilities and to program   2,961        

directors;                                                         2,962        

      (D)  Withhold state reimbursement, in whole or in part,      2,964        

from any county or combination of counties for failure to comply   2,965        

with Chapter 5126. or section 5123.35 or 5123.351 of the Revised   2,966        

Code or rules of the department of mental retardation and          2,967        

developmental disabilities;                                        2,968        

      (E)  Withhold state funds from an agency, corporation, or    2,970        

association denying or rendering service on the basis of race,     2,971        

color, sex, religion, ancestry, national origin, disability as     2,973        

defined in section 4112.01 of the Revised Code, or inability to    2,974        

pay;                                                                            

      (F)  Provide consultative staff service to communities to    2,976        

assist in ascertaining needs and in planning and establishing      2,977        

programs.                                                          2,978        

      Sec. 5123.353.  (A)  There is hereby established the         2,987        

                                                          69     


                                                                 
community mental retardation and developmental disabilities trust  2,988        

fund advisory council, which shall consist of the director of      2,989        

mental retardation and developmental disabilities and the          2,990        

following members appointed by the director:                       2,991        

      (1)  Two representatives of the Ohio association of county   2,993        

boards of mental retardation and developmental disabilities;       2,994        

      (2)  Two representatives of the department of mental         2,996        

retardation and developmental disabilities who have expertise in   2,997        

community services and programs for mentally retarded or           2,998        

developmentally disabled persons WITH MENTAL RETARDATION OR A      2,999        

DEVELOPMENTAL DISABILITY;                                          3,000        

      (3)  One representative of private providers of residential  3,002        

services for mentally retarded or developmentally disabled         3,003        

persons WITH MENTAL RETARDATION OR A DEVELOPMENTAL DISABILITY;     3,004        

      (4)  Three consumers or representatives of consumers of      3,006        

community services and programs for mentally retarded or           3,007        

developmentally disabled persons WITH MENTAL RETARDATION OR A      3,008        

DEVELOPMENTAL DISABILITY.                                          3,009        

      (B)  The director shall make initial appointments not later  3,011        

than sixty days after October 29, 1993.  All terms shall be two    3,012        

years.  Each member shall serve until the member's successor is    3,014        

appointed, and any vacancy shall be filled within thirty days for  3,015        

the remainder of the unexpired term in the same manner as the      3,016        

original appointment.  Members may be reappointed. A member is     3,017        

subject to removal by the director for any of the causes           3,018        

specified in section 3.07 of the Revised Code.                                  

      (C)  Members appointed by the director who are not           3,020        

employees of the department shall serve without compensation from  3,021        

the department, but shall be reimbursed from the community mental  3,022        

retardation and developmental disabilities trust fund for the      3,023        

actual and necessary expenses they incur in the performance of     3,024        

their official duties.                                             3,025        

      (D)  The director shall serve as chairperson of the council  3,027        

and, in consultation with the members, establish the method of     3,028        

                                                          70     


                                                                 
operation of the council, including scheduling of consultations    3,029        

with the department and at least quarterly meetings of the         3,030        

council.  The department shall provide to the council such THE     3,032        

administrative support and technical assistance as THAT the        3,033        

council requests.                                                               

      (E)  The council shall advise the department on the          3,035        

operation of the trust fund and the distribution of moneys from    3,036        

the trust fund.                                                    3,037        

      Sec. 5123.55.  As used in sections 5123.55 to 5123.59 of     3,046        

the Revised Code:                                                  3,047        

      (A)  "Guardian" means a guardian of the person, limited      3,049        

guardian, interim guardian, or emergency guardian pursuant to      3,050        

appointment by the probate court under Chapter 2111. of the        3,051        

Revised Code.                                                      3,052        

      (B)  "Trustee" means a trustee appointed by and accountable  3,054        

to the probate court, in lieu of a guardian and without a          3,055        

judicial determination of incompetency, with respect to an estate  3,056        

of seven TEN thousand dollars or less.                             3,057        

      (C)  "Protector" means an agency under contract with the     3,059        

department of mental retardation and developmental disabilities    3,060        

acting with or without court appointment to provide guidance,      3,061        

service, and encouragement in the development of maximum           3,062        

self-reliance to a mentally retarded or developmentally disabled   3,064        

person WITH MENTAL RETARDATION OR A DEVELOPMENTAL DISABILITY,      3,065        

independent of any determination of incompetency.                  3,066        

      (D)  "Protective service" means performance of the duties    3,068        

of a guardian, trustee, or conservator, or acting as a protector,  3,069        

with respect to a mentally retarded or developmentally disabled    3,070        

person WITH MENTAL RETARDATION OR A DEVELOPMENTAL DISABILITY.      3,071        

      (E)  "Conservator" means a conservator of the person         3,073        

pursuant to an appointment by a probate court under Chapter 2111.  3,074        

of the Revised Code.                                               3,075        

      Sec. 5123.611.  (A)  AS USED IN THIS SECTION, MR/DD          3,077        

EMPLOYEE MEANS ALL OF THE FOLLOWING:                               3,079        

                                                          71     


                                                                 
      (1)  AN EMPLOYEE OF THE DEPARTMENT OF MENTAL RETARDATION     3,081        

AND DEVELOPMENTAL DISABILITIES;                                    3,082        

      (2)  AN EMPLOYEE OF A COUNTY BOARD OF MENTAL RETARDATION     3,084        

AND DEVELOPMENTAL DISABILITIES;                                    3,085        

      (3)  AN "ICF/MR WORKER," AS DEFINED IN SECTION 5123.193 OF   3,087        

THE REVISED CODE;                                                  3,088        

      (4)  AN INDIVIDUAL WHO IS EMPLOYED IN A POSITION THAT        3,090        

INCLUDES PROVIDING SPECIALIZED SERVICES TO AN INDIVIDUAL WITH      3,091        

MENTAL RETARDATION OR A DEVELOPMENTAL DISABILITY.                  3,092        

      (B)  AT THE CONCLUSION OF A REVIEW OF A REPORT OF ABUSE,     3,094        

NEGLECT, OR A MAJOR UNUSUAL INCIDENT THAT IS CONDUCTED BY A        3,095        

REVIEW COMMITTEE ESTABLISHED PURSUANT TO SECTION 5123.61 OF THE    3,096        

REVISED CODE, THE COMMITTEE SHALL ISSUE RECOMMENDATIONS TO THE     3,097        

DEPARTMENT.  THE DEPARTMENT SHALL REVIEW THE COMMITTEE'S                        

RECOMMENDATIONS AND ISSUE A REPORT OF ITS FINDINGS.  THE           3,098        

DEPARTMENT SHALL MAKE THE REPORT AVAILABLE TO ALL OF THE                        

FOLLOWING:                                                         3,099        

      (1)  THE PERSON WHO IS THE SUBJECT OF THE REPORT;            3,101        

      (2)  THAT PERSON'S GUARDIAN OR LEGAL COUNSEL;                3,103        

      (3)  THE LICENSEE, AS DEFINED IN SECTION 5123.19 OF THE      3,105        

REVISED CODE, OF A RESIDENTIAL FACILITY IN WHICH THE PERSON        3,107        

RESIDES;                                                                        

      (4)  THE EMPLOYER OF ANY MR/DD EMPLOYEE WHO ALLEGEDLY        3,109        

COMMITTED OR WAS RESPONSIBLE FOR THE ABUSE, NEGLECT, OR MAJOR      3,110        

UNUSUAL INCIDENT.                                                               

      (C)  EXCEPT AS PROVIDED IN THIS SECTION, THE DEPARTMENT      3,112        

SHALL NOT DISCLOSE ITS REPORT TO ANY PERSON OR GOVERNMENT ENTITY   3,113        

THAT IS NOT AUTHORIZED TO INVESTIGATE REPORTS OF ABUSE, NEGLECT,   3,114        

OR OTHER MAJOR UNUSUAL INCIDENTS, UNLESS THE PERSON WHO IS THE     3,115        

SUBJECT OF THE REPORT OR THE PERSON'S GUARDIAN GIVES THE           3,116        

DEPARTMENT WRITTEN CONSENT.                                                     

      Sec. 5123.612.  THE DIRECTOR OF MENTAL RETARDATION AND       3,118        

DEVELOPMENTAL DISABILITIES SHALL ADOPT RULES IN ACCORDANCE WITH    3,120        

CHAPTER 119. OF THE REVISED CODE REGARDING THE REPORTING OF MAJOR  3,121        

                                                          72     


                                                                 
UNUSUAL INCIDENTS AND UNUSUAL INCIDENTS CONCERNING PERSONS WITH    3,122        

MENTAL RETARDATION OR A DEVELOPMENTAL DISABILITY.  THE RULES       3,123        

SHALL SPECIFY WHAT CONSTITUTES A MAJOR UNUSUAL INCIDENT OR AN      3,124        

UNUSUAL INCIDENT.                                                  3,125        

      Sec. 5123.613.  (A)  WHEN A PERSON WHO IS THE SUBJECT OF A   3,127        

REPORT UNDER SECTION 5123.61 OF THE REVISED CODE DIES, THE         3,128        

DEPARTMENT OF MENTAL RETARDATION AND DEVELOPMENTAL DISABILITIES    3,130        

OR THE COUNTY BOARD OF MENTAL RETARDATION AND DEVELOPMENTAL        3,131        

DISABILITIES, WHICHEVER IS APPLICABLE, SHALL, ON WRITTEN REQUEST,  3,132        

PROVIDE TO BOTH OF THE FOLLOWING PERSONS THE REPORT AND ANY        3,133        

RECORDS RELATING TO THE REPORT:                                    3,134        

      (1)  IF THE REPORT OR RECORDS ARE NECESSARY TO ADMINISTER    3,136        

THE ESTATE OF THE PERSON WHO IS THE SUBJECT OF THE REPORT, TO THE  3,137        

EXECUTOR OR ADMINISTRATOR OF THE PERSON'S ESTATE;                  3,138        

      (2)  TO THE GUARDIAN OF THE PERSON WHO IS THE SUBJECT OF     3,140        

THE REPORT OR, IF THE INDIVIDUAL HAD NO GUARDIAN AT THE TIME OF    3,141        

DEATH, TO A PERSON IN THE FIRST APPLICABLE OF THE FOLLOWING        3,142        

CATEGORIES:                                                                     

      (a)  THE PERSON'S SPOUSE;                                    3,144        

      (b)  THE PERSON'S CHILDREN;                                  3,146        

      (c)  THE PERSON'S PARENTS;                                   3,148        

      (d)  THE PERSON'S BROTHERS OR SISTERS;                       3,150        

      (e)  THE PERSON'S UNCLES OR AUNTS;                           3,152        

      (f)  THE PERSON'S CLOSEST RELATIVE BY BLOOD OR ADOPTION;     3,154        

      (g)  THE PERSON'S CLOSEST RELATIVE BY MARRIAGE.              3,156        

      (B)  THE DEPARTMENT OR COUNTY BOARD SHALL PROVIDE THE        3,158        

REPORT AND RELATED RECORDS AS REQUIRED BY THIS SECTION NOT LATER   3,159        

THAN THIRTY DAYS AFTER RECEIPT OF THE REQUEST."                    3,160        

      Sec. 5123.62.  The rights of mentally retarded persons and   3,169        

of developmentally disabled persons WITH MENTAL RETARDATION OR A   3,170        

DEVELOPMENTAL DISABILITY include, but are not limited to, the      3,172        

following:                                                                      

      (A)  The right to be treated at all times with courtesy and  3,174        

respect and with full recognition of their dignity and             3,175        

                                                          73     


                                                                 
individuality;                                                     3,176        

      (B)  The right to an appropriate, safe, and sanitary living  3,178        

environment that complies with local, state, and federal           3,179        

standards and recognizes the persons' need for privacy and         3,180        

independence;                                                      3,181        

      (C)  The right to food adequate to meet accepted standards   3,183        

of nutrition;                                                      3,184        

      (D)  The right to practice the religion of their choice or   3,186        

to abstain from the practice of religion;                          3,187        

      (E)  The right of timely access to appropriate medical or    3,189        

dental treatment;                                                  3,190        

      (F)  The right of access to necessary ancillary services,    3,192        

including, but not limited to, occupational therapy, physical      3,193        

therapy, speech therapy, and behavior modification and other       3,194        

psychological services;                                            3,195        

      (G)  The right to receive appropriate care and treatment in  3,197        

the least intrusive manner;                                        3,198        

      (H)  The right to privacy, including both periods of         3,200        

privacy and places of privacy;                                     3,201        

      (I)  The right to communicate freely with persons of their   3,203        

choice in any reasonable manner they choose;                       3,204        

      (J)  The right to ownership and use of personal possessions  3,206        

so as to maintain individuality and personal dignity;              3,207        

      (K)  The right to social interaction with members of either  3,209        

sex;                                                               3,210        

      (L)  The right of access to opportunities that enable        3,212        

individuals to develop their full human potential;                 3,213        

      (M)  The right to pursue vocational opportunities that will  3,215        

promote and enhance economic independence;                         3,216        

      (N)  The right to be treated equally as citizens under the   3,218        

law;                                                                            

      (O)  The right to be free from emotional, psychological,     3,220        

and physical abuse;                                                3,221        

      (P)  The right to participate in appropriate programs of     3,223        

                                                          74     


                                                                 
education, training, social development, and habilitation and in   3,224        

programs of reasonable recreation;                                 3,225        

      (Q)  The right to participate in decisions that affect       3,227        

their lives;                                                                    

      (R)  The right to select a parent or advocate to act on      3,229        

their behalf;                                                                   

      (S)  The right to manage their personal financial affairs,   3,231        

based on individual ability to do so;                              3,232        

      (T)  The right to confidential treatment of all information  3,234        

in their personal and medical records, except to the extent that   3,235        

disclosure or release of records is permitted under sections       3,236        

5123.89 and 5126.044 of the Revised Code;                          3,237        

      (U)  The right to voice grievances and recommend changes in  3,239        

policies and services without restraint, interference, coercion,   3,240        

discrimination, or reprisal;                                       3,241        

      (V)  The right to be free from unnecessary chemical or       3,243        

physical restraints;                                               3,244        

      (W)  The right to participate in the political process;      3,246        

      (X)  The right to refuse to participate in medical,          3,248        

psychological, or other research or experiments.                   3,249        

      Sec. 5123.63.  Every state agency, county board of mental    3,258        

retardation and developmental disabilities, or political           3,259        

subdivision that provides services, either directly or through a   3,260        

contract, to mentally retarded and developmentally disabled        3,261        

persons WITH MENTAL RETARDATION OR A DEVELOPMENTAL DISABILITY      3,262        

shall give each provider a copy of the list of rights contained    3,264        

in section 5123.62 of the Revised Code.  Each public and private   3,265        

provider of services shall carry out the requirements of this      3,266        

section in addition to any other posting or notification                        

requirements imposed by local, state, or federal law or rules.     3,267        

      The provider shall make copies of the list of rights and     3,269        

shall be responsible for an initial distribution of the list to    3,270        

each individual receiving services from the provider.  If the      3,271        

individual is unable to read the list, the provider shall          3,272        

                                                          75     


                                                                 
communicate the contents of the list to the individual to the      3,273        

extent practicable in a manner that the individual understands.    3,274        

The individual receiving services or the parent, guardian, or      3,275        

advocate of the individual shall sign an acknowledgement of        3,276        

receipt of a copy of the list of rights, and a copy of the signed  3,277        

acknowledgement shall be placed in the individual's file.  The     3,278        

provider shall also be responsible for answering any questions     3,279        

and giving any explanations necessary to assist the individual to  3,280        

understand the rights enumerated.  Instruction in these rights     3,281        

shall be a part of all individual habilitation plans DOCUMENTED.   3,282        

      Each provider shall post in a place accessible MAKE          3,284        

AVAILABLE to all persons receiving services and all employees and  3,286        

visitors a copy of the list of rights and the addresses and        3,287        

telephone numbers of the legal rights service, the department of   3,288        

mental retardation and developmental disabilities, and the county  3,289        

board of mental retardation and developmental disabilities of the  3,290        

county in which the provider provides services.                    3,291        

      Sec. 5123.64.  (A)  Every provider of services to persons    3,300        

with mental retardation and OR A developmental disabilities        3,302        

DISABILITY shall establish policies and programs to ensure that    3,303        

all staff members are familiar with the rights enumerated in       3,304        

section 5123.62 of the Revised Code and observe those rights in    3,305        

their contacts with persons receiving services.  Any policy,       3,306        

procedure, or rule of the provider that conflicts with any of the  3,307        

rights enumerated shall be null and void.  Every provider shall    3,308        

establish written procedures for resolving complaints of           3,309        

violations of those rights.  A copy of the procedures shall be     3,310        

posted at all times in a place accessible to persons receiving     3,311        

services, and a copy shall be provided on request to any person    3,312        

receiving services or to any parent, guardian, or advocate of a    3,313        

person receiving services.                                         3,314        

      (B)  Any mentally retarded or developmentally disabled       3,316        

person WITH MENTAL RETARDATION OR A DEVELOPMENTAL DISABILITY who   3,317        

believes that his or her THE PERSON'S rights as enumerated in      3,319        

                                                          76     


                                                                 
section 5123.62 of the Revised Code have been violated may:        3,320        

      (1)  Bring the violation to the attention of the provider    3,322        

for resolution;                                                    3,323        

      (2)  Report the violation to the department of mental        3,325        

retardation and developmental disabilities, the ombudsman          3,326        

OMBUDSPERSON section of the legal rights service, or the           3,328        

appropriate county board of mental retardation and developmental   3,329        

disabilities;                                                                   

      (3)  Take any other appropriate action to ensure compliance  3,331        

with sections 5123.60 to 5123.64 of the Revised Code, including    3,332        

the filing of a legal action to enforce rights or to recover       3,333        

damages for violation of rights.                                   3,334        

      Sec. 5123.67.  This chapter shall be liberally interpreted   3,343        

to accomplish the following purposes:                              3,344        

      (A)  To promote the human dignity and to protect the         3,346        

constitutional rights of mentally retarded persons and             3,347        

developmentally disabled persons WITH MENTAL RETARDATION OR A      3,348        

DEVELOPMENTAL DISABILITY in the state;                             3,349        

      (B)  To encourage the development of the ability and         3,351        

potential of each mentally retarded person and each                3,352        

developmentally disabled person WITH MENTAL RETARDATION OR A       3,353        

DEVELOPMENTAL DISABILITY in the state to the fullest possible      3,355        

extent, no matter how severe his THE degree of disability;         3,356        

      (C)  To promote the economic security, standard of living,   3,358        

and meaningful employment of mentally retarded persons and         3,359        

developmentally disabled persons WITH MENTAL RETARDATION OR A      3,360        

DEVELOPMENTAL DISABILITY;                                          3,361        

      (D)  To maximize the assimilation of mentally retarded or    3,363        

developmentally disabled persons WITH MENTAL RETARDATION OR A      3,364        

DEVELOPMENTAL DISABILITY into the ordinary life of the             3,365        

communities in which they live;                                    3,366        

      (E)  To recognize the need of mentally retarded or           3,368        

developmentally disabled PROMOTE OPPORTUNITIES FOR persons,        3,369        

whenever care in a residential facility is absolutely necessary,   3,370        

                                                          77     


                                                                 
to live in surroundings and circumstances as close to normal as    3,371        

possible WITH MENTAL RETARDATION OR A DEVELOPMENTAL DISABILITY TO  3,372        

LIVE IN SURROUNDINGS OR CIRCUMSTANCES THAT ARE TYPICAL FOR OTHER   3,373        

COMMUNITY MEMBERS;                                                              

      (F)  TO PROMOTE THE RIGHT OF PERSONS WITH MENTAL             3,375        

RETARDATION OR A DEVELOPMENTAL DISABILITY TO SPEAK AND BE HEARD    3,376        

ABOUT THE DESIRED DIRECTION OF THEIR LIVES AND TO USE AVAILABLE    3,377        

RESOURCES IN WAYS THAT FURTHER THAT DIRECTION.                     3,378        

      Sec. 5123.801.  If neither a discharged resident, NOR a      3,387        

resident granted trial visit, nor the persons requesting his THE   3,388        

RESIDENT'S trial visit or discharge are financially able to bear   3,389        

the expense of his removal THE RESIDENT'S TRIAL VISIT OR           3,391        

DISCHARGE, the managing officer of an institution under the        3,393        

control of the department of mental retardation and developmental  3,394        

disabilities may then provide actual traveling and escort          3,395        

expenses to the township of which the resident resided at the      3,396        

time of institutionalization.  The amount payable, which sum in    3,397        

no case shall exceed twenty dollars, shall be charged to the       3,398        

current expense fund of the hospital INSTITUTION.                  3,399        

      The expense of the return of a resident on trial visit from  3,401        

an institution, if it cannot be paid by the responsible            3,402        

relatives, shall be borne by the county of institutionalization.   3,403        

      The managing officer of the institution shall take all       3,405        

proper measures for the apprehension of an escaped resident.  The  3,406        

expense of the return of an escaped resident shall be borne by     3,407        

the institution where the resident is institutionalized.           3,408        

      The managing officer of the institution shall provide        3,410        

sufficient and proper clothing for traveling if neither the        3,411        

resident nor the persons requesting his THE RESIDENT'S trial       3,412        

visit or discharge are financially able to provide such THAT       3,413        

clothing.                                                          3,414        

      Sec. 5123.85.  (A)  All residents institutionalized          3,423        

pursuant to Chapter 5123. of the Revised Code THIS CHAPTER shall   3,424        

receive, within twenty THIRTY days of their admission, a           3,426        

                                                          78     


                                                                 
comprehensive evaluation, A diagnosis, A prognosis, and a          3,427        

description of habilitation goals consistent therewith.            3,428        

      (B)  All such residents shall have a written habilitation    3,430        

plan consistent with the comprehensive evaluation, diagnosis,      3,431        

prognosis, and goals which shall be provided, upon request of      3,432        

resident or resident's counsel, to resident's counsel and to any   3,433        

private physician designated by the resident or his THE            3,434        

RESIDENT'S counsel.                                                3,435        

      (C)  All such residents shall receive habilitation and care  3,437        

consistent with the habilitation plan.  The department of mental   3,438        

retardation and developmental disabilities shall set standards     3,439        

for habilitation and care provided to such residents, consistent   3,440        

wherever possible with standards set by the joint commission on    3,441        

accreditation of facilities for the mentally retarded.             3,442        

      (D)  All such residents shall receive periodic               3,444        

comprehensive re-evaluations of the habilitation plan by the       3,445        

professional staff of the institution at intervals not to exceed   3,446        

ninety days.                                                       3,447        

      (E)  All such residents shall be provided with prompt and    3,449        

adequate medical treatment for any physical or mental disease or   3,450        

injury.                                                            3,451        

      Sec. 5123.89.  (A)  All certificates, applications,          3,460        

records, and reports made for the purpose of this chapter, other   3,461        

than court journal entries or court docket entries, which          3,462        

directly or indirectly identify a resident or former resident of   3,463        

an institution for the mentally retarded or person whose           3,464        

institutionalization has been sought under this chapter shall be   3,465        

kept confidential and shall not be disclosed by any person except  3,466        

insofar as IN THE FOLLOWING SITUATIONS:                            3,467        

      (1)  It is the judgment of the court for judicial records,   3,469        

and the managing officer for institution records, that disclosure  3,470        

is in the best interest of the person identified, and such THAT    3,472        

person or his THAT PERSON'S guardian or, if he THAT PERSON is a    3,474        

minor, his THAT PERSON'S parent or guardian consents;.             3,476        

                                                          79     


                                                                 
      (2)  Disclosure may be IS provided for in other sections of  3,478        

this chapter of the Revised Code;.                                 3,479        

      (3)  It is the judgment of the managing officer for          3,481        

institution records that disclosure to a mental health facility    3,482        

is in the best interest of the person identified.                  3,483        

      (B)  The department of mental retardation and developmental  3,485        

disabilities shall adopt and promulgate rules with respect to the  3,486        

systematic and periodic destruction of residents' records.         3,487        

      (C)(1)  AS USED IN THIS DIVISION, "FAMILY" MEANS A PARENT,   3,489        

BROTHER, SISTER, SPOUSE, SON, DAUGHTER, GRANDPARENT, AUNT, UNCLE,  3,490        

OR COUSIN.                                                                      

      (2)  UPON THE DEATH OF A RESIDENT OR FORMER RESIDENT OF AN   3,492        

INSTITUTION FOR THE MENTALLY RETARDED OR A PERSON WHOSE            3,493        

INSTITUTIONALIZATION WAS SOUGHT UNDER THIS CHAPTER, THE MANAGING   3,494        

OFFICER OF AN INSTITUTION SHALL PROVIDE ACCESS TO THE              3,495        

CERTIFICATES, APPLICATIONS, RECORDS, AND REPORTS MADE FOR THE                   

PURPOSES OF THIS CHAPTER TO THE RESIDENT'S, FORMER RESIDENT'S, OR  3,496        

PERSON'S GUARDIAN IF THE GUARDIAN MAKES A WRITTEN REQUEST.  IF A   3,497        

DECEASED RESIDENT, FORMER RESIDENT, OR PERSON WHOSE                3,498        

INSTITUTIONALIZATION WAS SOUGHT UNDER THIS CHAPTER DID NOT HAVE A               

GUARDIAN AT THE TIME OF DEATH, THE MANAGING OFFICER SHALL PROVIDE  3,499        

ACCESS TO THE CERTIFICATES, APPLICATIONS, RECORDS, AND REPORTS     3,500        

MADE FOR PURPOSES OF THIS CHAPTER TO A MEMBER OF THE PERSON'S      3,501        

FAMILY, UPON THAT FAMILY MEMBER'S WRITTEN REQUEST.                 3,502        

      (D)  No person shall reveal the contents of a record of a    3,504        

resident except as authorized by this chapter.                     3,505        

      Sec. 5123.93.  Mentally retarded minors MINORS WITH MENTAL   3,514        

RETARDATION shall remain under the guardianship of their parents   3,516        

or of a guardian appointed pursuant to Chapter 2111. of the        3,517        

Revised Code, notwithstanding institutionalization pursuant to     3,518        

any section of this chapter, unless parental rights have been      3,519        

terminated pursuant to a court finding that the child is           3,520        

neglected, abused, or dependent pursuant to Chapter 2151. of the   3,521        

Revised Code.  If a mentally retarded minor WITH MENTAL            3,522        

                                                          80     


                                                                 
RETARDATION has been found to be dependent, abused, or neglected,  3,524        

the public children services agency to whom permanent custody has  3,525        

been assigned pursuant to Chapter 2151. of the Revised Code shall  3,526        

have the same authority and responsibility it would have if the    3,528        

child were not mentally retarded and were not institutionalized.   3,529        

In no case shall the guardianship of a mentally retarded person    3,530        

WITH MENTAL RETARDATION be assigned to the managing officer or     3,531        

any other employee of an institution in which the person is        3,532        

institutionalized, OR BE ASSIGNED, UNLESS THERE IS A RELATIONSHIP  3,533        

BY BLOOD OR MARRIAGE OR UNLESS THE SERVICE IS A PROTECTIVE         3,534        

SERVICE AS DEFINED IN SECTION 5123.55 OF THE REVISED CODE, TO A    3,535        

PERSON OR AGENCY WHO PROVIDES SERVICES TO THE PERSON WITH MENTAL   3,537        

RETARDATION.                                                                    

      Sec. 5126.02.  (A)(1)  There is hereby created in each       3,546        

county a county board of mental retardation and developmental      3,547        

disabilities consisting of seven members, five of whom shall be    3,548        

appointed by the board of county commissioners of the county, and  3,549        

two of whom shall be appointed by the probate judge of the         3,550        

county.  Each member shall be a resident of the county.  The       3,551        

membership of the board shall, as nearly as possible, reflect the  3,552        

composition of the population of the county.                       3,553        

      All persons appointed to the board MEMBERS shall be persons  3,555        

interested and knowledgeable in the field of mental retardation    3,557        

and other allied fields.  ALL BOARD MEMBERS SHALL BE CITIZENS OF   3,558        

THE UNITED STATES.  Of the members appointed by the board of       3,559        

county commissioners, at least two shall be relatives by blood or  3,560        

marriage of persons eligible for and currently receiving services  3,562        

provided by the county board of mental retardation and             3,563        

developmental disabilities, and, whenever possible, one shall be   3,564        

a relative of a person eligible for and currently receiving adult  3,565        

services, and the other shall be a relative of a person eligible   3,566        

for and currently receiving services for pre-school or school-age  3,567        

children.  Of the two members appointed by the probate judge, at   3,568        

least one shall be a relative by blood or marriage of a person     3,569        

                                                          81     


                                                                 
eligible for or currently receiving services in a public or        3,570        

private residential facility subject to regulation or licensure    3,571        

by the director of mental retardation and developmental            3,572        

disabilities under sections 5123.19 and 5123.20 of the Revised     3,573        

Code.                                                                           

      BOTH THE BOARD OF COUNTY COMMISSIONERS AND THE PROBATE       3,575        

JUDGE SHALL APPOINT UNDER THIS SECTION, TO THE MAXIMUM EXTENT      3,576        

POSSIBLE, MEMBERS WHO FULFILL ANY APPLICABLE REQUIREMENTS OF THIS  3,577        

SECTION FOR APPOINTMENT AND WHO ALSO HAVE PROFESSIONAL TRAINING    3,578        

AND EXPERIENCE IN BUSINESS MANAGEMENT, FINANCE, LAW, HEALTH CARE   3,579        

PRACTICE, PERSONNEL ADMINISTRATION, OR GOVERNMENT SERVICE.                      

      (2)  All appointments shall be for terms of four years.      3,582        

The membership of a person appointed as a relative of a recipient  3,583        

of services shall not be terminated because the services are no    3,584        

longer received.                                                                

      Members may be reappointed, except as provided in division   3,586        

(A)(3) of this section and section 5126.022 of the Revised Code.   3,587        

Prior to making a reappointment, the appointing authority shall    3,588        

ascertain, through written communication with the board, that the  3,589        

member being considered for reappointment meets the requirements   3,590        

of this section and section 5126.022 of the Revised Code.          3,591        

      (3)  A member who has served during each of two consecutive  3,594        

terms shall not be reappointed for a subsequent term until one     3,595        

year after ceasing to be a member of the board, except that a      3,596        

member who has served for six years or less within two             3,597        

consecutive terms may be reappointed for a subsequent term before  3,598        

becoming ineligible for reappointment for one year.                             

      (4)  Within sixty days after a vacancy occurs, it shall be   3,601        

filled by the appointing authority for the unexpired term.  Any    3,602        

member appointed to fill a vacancy occurring prior to the          3,603        

expiration of the term for which the member's predecessor was                   

appointed shall hold office for the remainder of that term.        3,604        

Appointment other than appointment to fill a vacancy shall be      3,605        

made no later than the last day of November of each year, and the  3,606        

                                                          82     


                                                                 
term of office shall commence on the date of the stated annual     3,607        

organizational meeting.                                            3,608        

      (5)  Board members shall serve without compensation, but     3,611        

shall be reimbursed for necessary expenses incurred in the         3,612        

conduct of board business, including those incurred within the     3,613        

county of residence.                                                            

      (B)  Each year each board member shall attend at least one   3,615        

in-service training session provided by or approved by the         3,616        

department of mental retardation and developmental disabilities.   3,617        

Such THESE training sessions shall not be considered regularly     3,618        

scheduled meetings of the board.                                   3,619        

      (C)  A county board of mental retardation and developmental  3,621        

disabilities shall be operated as a separate administrative and    3,622        

service entity.  The board's functions shall not be combined with  3,623        

the functions of any other entity of county government.            3,624        

      Sec. 5126.023.  (A)  Each county board of mental             3,634        

retardation and developmental disabilities shall either employ a                

superintendent or obtain the services of the superintendent of     3,635        

another county board of mental retardation and developmental       3,636        

disabilities.  The board shall provide for a superintendent who    3,637        

is qualified, as specified in rules adopted by the department of   3,638        

mental retardation and developmental disabilities in accordance    3,639        

with Chapter 119. of the Revised Code.  The superintendent shall   3,641        

have no voting privileges on the board.                                         

      The board shall prescribe the duties of its superintendent   3,643        

and review the superintendent's performance.  The superintendent   3,644        

may be removed, suspended, or demoted for cause pursuant to        3,645        

section 5126.23 of the Revised Code.  The board shall fix the      3,646        

superintendent's compensation and reimburse the superintendent     3,647        

for actual and necessary expenses.                                 3,648        

      Each county board that employs its own superintendent shall  3,650        

employ the superintendent under a contract.  To enter into a       3,651        

contract, the board shall adopt a resolution agreeing to the       3,652        

contract.  Each contract for employment or re-employment of a      3,653        

                                                          83     


                                                                 
superintendent shall be for a term of not less than one and not    3,654        

more than five years.  At the expiration of a superintendent's                  

current term of employment, the superintendent shall be            3,655        

re-employed for a term of one year at the same salary, plus any    3,656        

increments that may be authorized by the board, unless the board   3,657        

gives the superintendent written notification of its intention     3,658        

not to re-employ the superintendent.  With regard to an initial                 

contract, if the contract is for one year, the notice shall be     3,659        

provided not less than sixty days prior to the contract's          3,660        

expiration; if the contract is for more than one year, the notice  3,661        

shall be provided not less than ninety days prior to the           3,662        

contract's expiration.  With regard to contracts for                            

re-employment, the notice shall be given not less than ninety      3,663        

days prior to the contract's expiration, regardless of its         3,664        

duration.                                                                       

      (B)  Two or more county boards may enter into an             3,666        

arrangement under which the superintendent of one county board     3,667        

acts as the superintendent of another county board.  To enter      3,668        

into such an arrangement, each board shall adopt a resolution      3,669        

agreeing to the arrangement.  The resolutions shall specify the                 

duration of the arrangement and the contribution each board is to  3,670        

make to the superintendent's compensation and reimbursement for    3,671        

expenses.                                                                       

      (C)  IF A VACANCY OCCURS IN THE POSITION OF SUPERINTENDENT,  3,673        

A COUNTY BOARD MAY APPOINT A PERSON WHO HOLDS A VALID              3,674        

SUPERINTENDENT'S CERTIFICATE ISSUED UNDER THE RULES OF THE         3,675        

DEPARTMENT TO WORK UNDER A CONTRACT FOR AN INTERIM PERIOD NOT TO   3,676        

EXCEED ONE HUNDRED EIGHTY DAYS UNTIL A PERMANENT SUPERINTENDENT    3,677        

CAN BE EMPLOYED OR ARRANGED FOR UNDER DIVISION (A) OR (B) OF THIS  3,678        

SECTION.  THE DIRECTOR OF THE DEPARTMENT MAY APPROVE ADDITIONAL    3,679        

PERIODS OF TIME FOR THESE TYPES OF INTERIM APPOINTMENTS WHEN SO                 

REQUESTED BY A RESOLUTION ADOPTED BY A COUNTY BOARD, IF THE        3,680        

DIRECTOR DETERMINES THAT THE ADDITIONAL PERIODS ARE WARRANTED AND  3,681        

THE SERVICES OF A PERMANENT SUPERINTENDENT ARE NOT AVAILABLE.      3,682        

                                                          84     


                                                                 
      Sec. 5126.042.  (A)  As used in this section:                3,691        

      (1)  "Emergency" means any situation that creates for an     3,693        

individual with mental retardation or developmental disabilities   3,694        

a risk of substantial self-harm or substantial harm to others if   3,695        

action is  not taken within thirty days.  An "emergency" may       3,696        

include one or more of the following situations:                   3,697        

      (a)  Loss of present residence for any reason, including     3,699        

legal action;                                                      3,700        

      (b)  Loss of present caretaker for any reason, including     3,702        

serious illness of the caretaker, change in the caretaker's        3,703        

status, or inability of the caretaker to perform effectively for   3,704        

the individual;                                                                 

      (c)  Abuse, neglect, or exploitation of the individual;      3,706        

      (d)  Health and safety conditions that pose a serious risk   3,708        

to the individual or others of immediate harm or death;            3,709        

      (e)  Change in the emotional or physical condition of the    3,711        

individual that necessitates substantial accommodation that        3,712        

cannot be reasonably provided by the individual's existing         3,713        

caretaker.                                                                      

      (2)  "MEDICAID" HAS THE SAME MEANING AS IN SECTION 5111.01   3,715        

OF THE REVISED CODE.                                                            

      (3)  "Priority" means any situation that would constitute    3,717        

an emergency except that action to resolve the situation may be    3,719        

taken in more than thirty but less than ninety days without        3,720        

creating a risk of substantial harm to self or others.             3,721        

      (B)  If a county board of mental retardation and             3,724        

developmental disabilities determines that available resources     3,725        

are not sufficient to meet the needs of all individuals who        3,726        

request programs and services and may be offered the programs and  3,727        

services, it shall establish waiting lists for services.  The      3,728        

board may establish priorities for making placements on its                     

waiting lists according to an individual's emergency or priority   3,729        

status.                                                                         

      The individuals who may be placed on a waiting list include  3,731        

                                                          85     


                                                                 
individuals with a need for services on an emergency or priority   3,732        

basis and individuals who have requested services for which        3,733        

resources are not available.                                                    

      An individual who currently receives a service but would     3,735        

like to change to another service shall not be placed on a         3,736        

waiting list but shall be placed on a service substitution list.   3,737        

The board shall work with the individual, service providers, and   3,738        

all appropriate entities to facilitate the change in service as    3,739        

expeditiously as possible.  The board may establish priorities                  

for making placements on its service substitution lists according  3,740        

to an individual's emergency or priority status.                   3,741        

      In addition to maintaining waiting lists and service         3,743        

substitution lists, a board shall maintain a long-term service     3,744        

planning registry for individuals who wish to record their         3,745        

intention to request in the future a service they are not          3,746        

currently receiving.  The purpose of the registry is to enable     3,747        

the board to document requests and to plan appropriately.  The     3,748        

board may not place an individual on the registry who meets the    3,749        

conditions for receipt of services on an emergency or priority     3,750        

basis.                                                                          

      (C)  A county board shall establish a separate waiting list  3,752        

for each of the following categories of services, and may          3,753        

establish separate waiting lists within the waiting lists:         3,754        

      (1)  Early childhood services;                               3,756        

      (2)  Educational programs for preschool and school age       3,758        

children;                                                                       

      (3)  Adult services;                                         3,760        

      (4)  Case management services;                               3,762        

      (5)  Residential services and supported living;              3,764        

      (6)  Transportation services;                                3,766        

      (7)  Other services determined necessary and appropriate     3,768        

for mentally retarded or developmentally disabled persons WITH     3,769        

MENTAL RETARDATION OR A DEVELOPMENTAL DISABILITY according to      3,770        

their individual habilitation or service plans;                    3,771        

                                                          86     


                                                                 
      (8)  Family support services provided under section 5126.11  3,773        

of the Revised Code.                                               3,774        

      (D)  Prior to establishing any waiting list under this       3,777        

section, a county board shall develop and implement a policy for   3,778        

waiting lists that complies with rules that the department of      3,779        

mental retardation and developmental disabilities shall adopt in   3,780        

accordance with Chapter 119. of the Revised Code.  The             3,781        

department's rules shall include procedures to be followed to      3,782        

ensure that the due process rights of individuals placed on        3,783        

waiting lists are not violated.                                    3,784        

      Prior to placing an individual on a waiting list, the        3,786        

county board shall assess the service needs of the individual in   3,787        

accordance with all applicable state and federal laws.  The        3,788        

county board shall place the individual on the appropriate         3,789        

waiting list and may place the individual on more than one         3,790        

waiting list.                                                                   

      At least annually, the county board shall reassess the       3,792        

service needs of each individual on a waiting list.  If it         3,793        

determines that an individual no longer needs a program or         3,794        

service, the county board shall remove the individual from the     3,796        

waiting list.  If it determines that an individual needs a                      

program or service other than the one for which the individual is  3,797        

on the waiting list, the county board shall provide the program    3,798        

or service to the individual or place the individual on a waiting  3,799        

list for the program or service in accordance with the board's     3,800        

policy for waiting lists.                                                       

      When a program or service for which there is a waiting list  3,802        

becomes available, the county board shall reassess the service     3,803        

needs of the individual next scheduled on the waiting list to      3,804        

receive that program or service.  If the reassessment              3,805        

demonstrates that the individual continues to need the program or  3,806        

service, the board shall offer the program or service to the       3,807        

individual.  If it determines that an individual no longer needs   3,808        

a program or service, the county board shall remove the            3,809        

                                                          87     


                                                                 
individual from the waiting list.  If it determines that an        3,810        

individual needs a program or service other than the one for       3,811        

which the individual is on the waiting list, the county board      3,812        

shall provide the program or service to the individual or place    3,813        

the individual on a waiting list for the program or service in     3,814        

accordance with the board's policy for waiting lists.                           

      (E)   A child subject to a determination made pursuant to    3,816        

section 121.38 of the Revised Code who requires the home and       3,817        

community-based services provided through the medical assistance   3,818        

waiver programs operated under sections 5111.87 and 5111.88 of     3,819        

the Revised Code shall receive services through the waiver         3,820        

programs adopted under Chapters 5111., 5123., and 5126. of the     3,821        

Revised Code.  For all other services, a child subject to a        3,822        

determination made pursuant to section 121.38 of the Revised Code               

shall be treated as an emergency by the county boards and shall    3,823        

not be subject to a waiting list.                                  3,824        

      (F)  Not later than the fifteenth day of March of each       3,827        

even-numbered year, each county board shall prepare and submit to  3,828        

the director of mental retardation and developmental disabilities  3,829        

its recommendations for the funding of services for individuals    3,830        

with mental retardation and developmental disabilities and its     3,831        

proposals for reducing the waiting lists for services.                          

      (G)  THE FOLLOWING SHALL TAKE PRECEDENCE OVER THE            3,833        

APPLICABLE PROVISIONS OF THIS SECTION:                             3,834        

      (1)  MEDICAID RULES AND REGULATIONS;                         3,836        

      (2)  ANY SPECIFIC REQUIREMENTS THAT MAY BE CONTAINED WITHIN  3,838        

A MEDICAID STATE PLAN AMENDMENT OR WAIVER PROGRAM THAT A COUNTY    3,839        

BOARD HAS AUTHORITY TO ADMINISTER OR WITH RESPECT TO WHICH IT HAS  3,840        

AUTHORITY TO PROVIDE SERVICES, PROGRAMS, OR SUPPORTS.              3,841        

      Sec. 5126.044.  (A)  As used in this section, "eligible      3,851        

person" has the same meaning as in section 5126.03 of the Revised  3,852        

Code.                                                                           

      (B)  Except as provided in division (D) of this section, no  3,854        

person shall disclose the identity of an individual who requests   3,855        

                                                          88     


                                                                 
programs or services under this chapter or release a record or     3,856        

report regarding an eligible person that is maintained by a        3,857        

county board of mental retardation and developmental disabilities  3,858        

or an entity under contract with a county board unless one of the  3,859        

following circumstances exists:                                    3,860        

      (1)  The individual, eligible person, or the individual's    3,862        

guardian, or, if the individual is a minor, the individual's       3,864        

parent or guardian, makes a written request to the county board    3,865        

or entity for or approves in writing disclosure of the             3,866        

individual's identity or release of the record or report           3,867        

regarding the eligible person.                                                  

      (2)  Disclosure of the identity of an individual is needed   3,869        

for approval of a direct services contract under section 5126.032  3,870        

or 5126.033 of the Revised Code.  The county board shall release   3,871        

only the individual's name and the general nature of the services  3,872        

to be provided.                                                    3,873        

      (3)  Disclosure of the identity of the individual is needed  3,875        

to ascertain that the county board's waiting lists for programs    3,876        

or services are being maintained in accordance with section        3,877        

5126.042 of the Revised Code and the rules adopted under that      3,878        

section.  The county board shall release only the individual's     3,879        

name, the general nature of the programs or services to be         3,880        

provided the individual, the individual's rank on each waiting     3,882        

list that includes the individual, and any circumstances under     3,883        

which the individual was given priority when placed on a waiting   3,884        

list.                                                                           

      (C)  A board or entity that discloses an individual's        3,886        

identity or releases a record or report regarding an eligible      3,887        

person shall maintain a record of when and to whom the disclosure  3,888        

or release was made.                                               3,889        

      (D)(1)  At the request of an eligible person or the          3,891        

person's guardian or, if the eligible person is a minor, the       3,893        

person's parent or guardian, a county board or entity under        3,894        

contract with a county board shall provide the person who made     3,895        

                                                          89     


                                                                 
the request access to records and reports regarding the eligible   3,896        

person.  On written request, the county board or entity shall      3,897        

provide copies of the records and reports to the eligible person,  3,898        

guardian, or parent.  The county board or entity may charge a      3,899        

reasonable fee to cover the costs of copying.  The county board    3,900        

or entity may waive the fee in cases of hardship.                               

      (2)  A county board shall provide access to any waiting      3,902        

list or record or report regarding an eligible person maintained   3,903        

by the board to any state agency responsible for monitoring and    3,904        

reviewing programs and services provided or arranged by the        3,905        

county board, any state agency involved in the coordination of     3,906        

services for an eligible person, and any agency under contract     3,907        

with the department of mental retardation and developmental        3,908        

disabilities for the provision of protective service pursuant to   3,909        

section 5123.56 of the Revised Code.                               3,910        

      (3)  WHEN AN ELIGIBLE PERSON WHO REQUESTS PROGRAMS OR        3,912        

SERVICES UNDER THIS CHAPTER DIES, THE COUNTY BOARD OR ENTITY       3,913        

UNDER CONTRACT WITH THE COUNTY BOARD, SHALL, ON WRITTEN REQUEST,   3,914        

PROVIDE TO BOTH OF THE FOLLOWING PERSONS ANY REPORTS AND RECORDS   3,915        

IN THE BOARD OR ENTITY'S POSSESSION CONCERNING THE ELIGIBLE        3,916        

PERSON:                                                            3,917        

      (a)  IF THE REPORT OR RECORDS ARE NECESSARY TO ADMINISTER    3,919        

THE ESTATE OF THE PERSON WHO IS THE SUBJECT OF THE REPORTS OR      3,920        

RECORDS, TO THE EXECUTOR OR ADMINISTRATOR OF THE PERSON'S ESTATE;  3,922        

      (b)  TO THE GUARDIAN OF THE PERSON WHO IS THE SUBJECT OF     3,924        

THE REPORTS OR RECORDS OR, IF THE INDIVIDUAL HAD NO GUARDIAN AT    3,925        

THE TIME OF DEATH, TO A PERSON IN THE FIRST APPLICABLE OF THE      3,927        

FOLLOWING CATEGORIES:                                                           

      (i)  THE PERSON'S SPOUSE;                                    3,929        

      (ii)  THE PERSON'S CHILDREN;                                 3,931        

      (iii)  THE PERSON'S PARENTS;                                 3,933        

      (iv)  THE PERSON'S BROTHERS OR SISTERS;                      3,935        

      (v)  THE PERSON'S UNCLES OR AUNTS;                           3,937        

      (vi)  THE PERSON'S CLOSEST RELATIVE BY BLOOD OR ADOPTION;    3,939        

                                                          90     


                                                                 
      (vii)  THE PERSON'S CLOSEST RELATIVE BY MARRIAGE.            3,941        

      THE COUNTY BOARD OR ENTITY SHALL PROVIDE THE REPORTS AND     3,943        

RECORDS AS REQUIRED BY DIVISION (D)(3) OF THIS SECTION NOT LATER   3,944        

THAN THIRTY DAYS AFTER RECEIPT OF THE REQUEST.                     3,945        

      (E)  A county board shall notify an eligible person, the     3,947        

person's guardian, or, if the eligible person is a minor, the      3,949        

person's parent or guardian, prior to destroying any record or     3,950        

report regarding the eligible person.                              3,951        

      Sec. 5126.081.  (A)  In addition to the rules adopted under  3,961        

division (A)(2) of section 5126.08 of the Revised Code             3,963        

establishing standards for the administration, provision,          3,964        

arrangement, and operation of programs and services by county      3,965        

boards of mental retardation and developmental disabilities, the   3,966        

department of mental retardation and developmental disabilities    3,967        

shall establish a system of accreditation for county boards of     3,968        

mental retardation and developmental disabilities to ensure that   3,969        

the boards are in compliance with federal and state statutes and   3,970        

rules.  The department shall establish uniform standards for the   3,971        

accreditation system in ADOPT rules that shall be adopted in       3,972        

accordance with Chapter 119. of the Revised Code GOVERNING THE     3,974        

SYSTEM OF ACCREDITATION.  The rules shall include appropriate      3,976        

timelines for compliance when a board is found to be not in        3,977        

compliance and appropriate actions to be taken by boards in        3,978        

complying with the accreditation standards REQUIREMENTS.                        

      (B)  Prior to accrediting a board, the department shall      3,981        

conduct a comprehensive, on-site review of the board.  During the  3,982        

review, the department shall document the board's compliance with  3,983        

the department's accreditation standards REQUIREMENTS.  After      3,984        

completing the review, the department shall conduct an exit        3,986        

conference with the president of the board, the superintendent of  3,987        

the board, and any other officials the board asks to have          3,988        

present.  The department shall discuss its findings from the       3,989        

review with the board's representatives and provide a written      3,990        

report of its findings not later than thirty days following the    3,991        

                                                          91     


                                                                 
exit conference.  If the department finds that the board is in     3,992        

compliance with the standards REQUIREMENTS for accreditation, the  3,993        

department shall issue evidence of accreditation to the board.     3,995        

      Accreditation may be granted for periods of up to five       3,997        

years and may be renewed.  Not less than once prior to the date a  3,999        

board's accreditation is scheduled to expire, the department                    

shall conduct a comprehensive, on-site review of the board.        4,001        

      Each board shall conduct an annual audit of itself to        4,003        

evaluate its compliance with the standards REQUIREMENTS for        4,004        

accreditation.  The department may conduct an interim review of    4,005        

any new program or service initiated by a board after its last     4,007        

comprehensive review.  The department may conduct other reviews    4,008        

and investigations as necessary to enforce this section.           4,009        

      (C)  If the department determines through its review of a    4,012        

board that the board is not in compliance with the standards       4,013        

REQUIREMENTS for accreditation, the department shall, except as    4,014        

provided in division (F) of this section, grant the board an       4,016        

opportunity to correct the matters in which it is not in           4,017        

compliance.  The department shall grant the board an appropriate   4,018        

length of time to comply with the standards REQUIREMENTS prior to  4,019        

taking any action to deny accreditation to the board.  To avoid    4,020        

denial of accreditation, the board superintendent shall prepare a  4,022        

plan of correction to remediate the matters specified in the                    

department's written report as not being in compliance with the    4,023        

standards REQUIREMENTS for accreditation.  The superintendent      4,024        

shall submit the plan to the board for review, and the board       4,025        

shall review the plan.  If the board believes that the plan is     4,027        

sufficient to correct the matters, the board shall approve the     4,028        

plan by resolution and submit the plan to the department for its   4,029        

review.  The department shall review the plan of correction.  If   4,030        

the department approves the plan, the board shall commence action  4,031        

to implement the plan.  The department shall, as necessary,        4,032        

conduct follow-up reviews of the board to determine whether it     4,033        

has met the standards REQUIREMENTS for accreditation.  If the      4,034        

                                                          92     


                                                                 
plan of correction submitted by a board is disapproved, the        4,035        

department shall inform the board of the reasons for disapproval   4,036        

and may grant the board an opportunity to submit a revised plan    4,037        

of correction.                                                                  

      A board may request technical assistance from the            4,039        

department, other boards, or professional organizations in         4,040        

preparing plans of correction and in implementing plans of         4,041        

correction.                                                        4,042        

      (D)  If, after being given the opportunity to implement a    4,045        

plan of correction, a board continues to fail to meet the          4,046        

standards REQUIREMENTS for accreditation, the department shall     4,048        

issue an order denying accreditation to the board.  The            4,049        

department may deny accreditation to the board for all or part of  4,050        

the programs or services offered by the board.                     4,051        

      The department shall simultaneously notify all of the        4,053        

following officials in the county:  the members of the board of    4,054        

county commissioners, the probate judge, the county auditor, and   4,055        

the president and superintendent of the county board of mental     4,056        

retardation and developmental disabilities.  The notice shall      4,057        

identify the programs and services that have been denied           4,058        

accreditation, the matters in REQUIREMENTS FOR ACCREDITATION WITH  4,060        

which the board is not in compliance with the standards for        4,062        

accreditation, and the responsibilities of the county officials    4,063        

to contract under division (E)(1) of this section to have the      4,065        

BOARD'S programs and services administered by another party or     4,066        

become subject to administrative receivership under division                    

(E)(2) of this section.                                            4,067        

      A board that has been denied accreditation is not eligible   4,069        

to receive, for the programs and services that are the subject of  4,071        

the denied accreditation, any state or federal funds in an amount  4,072        

that exceeds the amount the board received for the programs and    4,073        

services immediately prior to the date on which the department     4,074        

determined that the board does not meet the standards for          4,075        

accreditation.                                                                  

                                                          93     


                                                                 
      (E)(1)  When a board is denied accreditation, the            4,078        

department shall first give the board the option of contracting    4,079        

to have the BOARD'S programs and services that were denied         4,080        

accreditation administered by an accredited county board of        4,081        

mental retardation and developmental disabilities or another       4,082        

qualified entity subject to the approval of the department.  The   4,083        

board may contract with more than one board that has been          4,084        

accredited.  When a board enters into a contract, the board        4,085        

shall, by resolution, give the contractor full administrative      4,086        

authority over the programs and services that were denied          4,087        

accreditation THE CONTRACTOR WILL ADMINISTER.                                   

      (2)  If a board fails to exercise its option of entering     4,090        

into a contract under division (E)(1) of this section sooner than  4,092        

thirty days after the department denies accreditation, the                      

department shall appoint an administrative receiver of the         4,093        

BOARD'S programs and services that were denied accreditation.      4,094        

The department may appoint employees of the department,            4,096        

management personnel from county boards of mental retardation and  4,097        

developmental disabilities, or individuals from other entities as  4,099        

necessary to meet its needs for appointing an administrative                    

receiver, except that individuals from other entities may be       4,100        

appointed only when qualified department employees or board        4,101        

management personnel are unavailable.  The department may not      4,102        

appoint an individual who is employed by or affiliated with an     4,103        

entity that is under contract with the board.  The administrative  4,105        

receiver shall assume full administrative responsibility for the   4,106        

BOARD'S programs and services that were denied accreditation.      4,107        

      (3)  The board or entity that contracts with a board under   4,110        

division (E)(1) of this section, or the administrative receiver    4,111        

appointed under division (E)(2) of this section, shall develop     4,113        

and implement a plan of correction to remediate the matters that   4,114        

caused the department to deny accreditation.  The contractor or    4,115        

administrative receiver shall submit the plan to the department,   4,116        

and the department shall review the plan.  If the plan is          4,117        

                                                          94     


                                                                 
approved by the department, the contractor or administrative       4,118        

receiver shall commence action to implement the plan.  The         4,119        

contractor or administrative receiver shall report to the          4,120        

department any findings it can make pertaining to issues or                     

circumstances that are beyond the control of the board and result  4,122        

in the unlikelihood that compliance with the standards                          

REQUIREMENTS for accreditation can be achieved unless the issues   4,123        

or circumstances are remediated.                                   4,124        

      (4)  For purposes of divisions (E)(1) and (2) of this        4,127        

section, the department shall require the board that has been      4,128        

denied accreditation to transfer control of state and federal      4,129        

funds it is eligible to receive for the BOARD'S programs and       4,130        

services that have been denied accreditation in an amount          4,131        

necessary for the contractor or administrative receiver to         4,132        

fulfill its duties in administering the programs and services for  4,133        

the board.  The transfer of control of funds does not cause any    4,134        

programs and services of the board that are accredited to lose     4,135        

their accreditation.  If the board refuses to transfer control of  4,136        

funds, the department may withhold state and federal funds from    4,137        

the board in an amount necessary for the contractor or             4,138        

administrative receiver to fulfill its duties.  The amount         4,139        

transferred or withheld from a board shall include reimbursements  4,141        

for the personnel of the contractor or administrative receiver,    4,142        

including amounts for time worked, travel, and related expenses.   4,143        

      A contractor or administrative receiver that has assumed     4,146        

the administration of a board's programs and services has the      4,147        

right to authorize the payment of bills in the same manner that a  4,148        

board may authorize payment of bills under this chapter and        4,149        

section 319.16 of the Revised Code.                                             

      (F)  When the department's review of a board reveals         4,152        

serious health and safety issues within the programs and services  4,153        

offered by the board, the department shall order the board to      4,154        

correct the violations immediately or appoint an administrative    4,155        

receiver.                                                                       

                                                          95     


                                                                 
      (G)  At any time a board can demonstrate that it is capable  4,158        

of assuming its duties in compliance with the department's         4,159        

standards REQUIREMENTS for accreditation, the department shall     4,161        

reverse its order denying accreditation and issue evidence of      4,162        

accreditation to the board.                                                     

      A board may appeal the department's denial of accreditation  4,164        

or refusal to reverse a denial of accreditation only by filing a   4,165        

complaint under section 5123.043 of the Revised Code.  If in its   4,167        

appeal the board can demonstrate that it is capable of assuming    4,168        

its duties in compliance with the department's standards           4,169        

REQUIREMENTS for accreditation, the department shall reverse its   4,171        

order denying accreditation and shall issue evidence of            4,172        

accreditation to the board.                                                     

      (H)  All notices issued to a board by the department under   4,175        

this section shall be delivered to the board's president and       4,176        

superintendent.                                                                 

      (I)  A board's president may designate another member of     4,179        

the board as the individual to be responsible for fulfilling all   4,180        

or part of the president's responsibilities established under      4,181        

this section.                                                      4,182        

      Sec. 5126.082.  (A)  In addition to the rules adopted under  4,192        

division (A)(2) of section 5126.08 of the Revised Code             4,194        

establishing standards to be followed by county boards of mental   4,195        

retardation and developmental disabilities in administering,       4,196        

providing, arranging, and operating programs and services and in   4,197        

addition to the board accreditation system established under       4,198        

section 5126.081 of the Revised Code, the director of mental       4,200        

retardation and developmental disabilities shall adopt rules in    4,201        

accordance with Chapter 119. of the Revised Code establishing      4,203        

standards for promoting and advancing the quality of life of       4,204        

individuals with mental retardation and developmental              4,205        

disabilities receiving any of the following:                       4,206        

      (1)  Early childhood services pursuant to section 5126.05    4,208        

of the Revised Code for children under age three;                  4,211        

                                                          96     


                                                                 
      (2)  Adult services pursuant to section 5126.05 and          4,213        

division (B) of section 5126.051 of the Revised Code for           4,216        

individuals age sixteen or older;                                  4,217        

      (3)  Family support services pursuant to section 5126.11 of  4,220        

the Revised Code.                                                  4,221        

      (B)  The rules adopted under this section shall specify the  4,224        

actions county boards of mental retardation and developmental      4,225        

disabilities and the agencies with which they contract should      4,226        

take to do the following:                                          4,227        

      (1)  Offer individuals with mental retardation and           4,229        

developmental disabilities, and their families when appropriate,   4,230        

choices in programs and services that are centered on the needs    4,231        

and desires of those individuals;                                  4,232        

      (2)  Maintain infants with their families whenever possible  4,235        

by collaborating with other agencies that provide services to      4,236        

infants and their families and taking other appropriate actions;   4,237        

      (3)  Provide families that have children with mental         4,239        

retardation and developmental disabilities under age eighteen      4,240        

residing in their homes the resources necessary to allow the       4,241        

children to remain in their homes;                                 4,242        

      (4)  Create and implement community employment services      4,244        

based on the needs and desires of adults with mental retardation   4,245        

and developmental disabilities;                                    4,246        

      (5)  Create, in collaboration with other agencies,           4,248        

transportation systems that provide safe and accessible            4,249        

transportation within the county to individuals with               4,250        

disabilities;                                                      4,251        

      (6)  Provide services that allow individuals with            4,253        

disabilities to be integrated into the community by engaging in    4,254        

educational, vocational, and recreational activities with          4,255        

individuals who are DO not handicapped HAVE DISABILITIES;          4,257        

      (7)  Provide age-appropriate retirement services for         4,259        

individuals age sixty-five and older with mental retardation and   4,260        

developmental disabilities;                                        4,261        

                                                          97     


                                                                 
      (8)  Establish residential services and supported living     4,264        

for individuals with mental retardation and developmental                       

disabilities in accordance with their needs.                       4,265        

      (C)  To assist in funding programs and services that meet    4,268        

the standards established under this section, each county board    4,269        

of mental retardation and developmental disabilities shall make a  4,270        

good faith effort to acquire available federal funds, including    4,271        

reimbursements under Title XIX of the "Social Security Act," 49    4,273        

79 Stat. 620 (1935) 286 (1965), 42 U.S.C.A. 301 1396, as amended.  4,274        

      (D)  Each county board of mental retardation and             4,277        

developmental disabilities shall work toward full compliance with  4,278        

the standards established under this section, based on its         4,279        

available resources.  Funds received under this chapter shall be   4,280        

used to comply with the standards.  Annually, each board shall     4,281        

submit a report to the department of mental retardation and        4,282        

developmental disabilities regarding CONDUCT A SELF AUDIT TO       4,283        

EVALUATE the board's progress in complying fully with the          4,284        

standards.                                                                      

      (E)  The department shall complete a program quality review  4,288        

of each county board of mental retardation and developmental       4,289        

disabilities to determine the extent to which the board has        4,290        

complied with the standards.  The review shall be conducted in     4,291        

conjunction with the comprehensive accreditation review of the     4,292        

board that is conducted under section 5126.081 of the Revised      4,294        

Code.                                                                           

      Notwithstanding any provision of this chapter or Chapter     4,297        

5123. of the Revised Code requiring the department to distribute   4,299        

funds to county boards of mental retardation and developmental     4,300        

disabilities, the department may withhold funds from a board if    4,301        

it finds that the board is not in substantial compliance with the  4,302        

standards established under this section.                          4,303        

      (F)  When the standards for accreditation from the           4,306        

commission on accreditation of rehabilitation facilities, or       4,307        

another accrediting agency, meet or exceed the standards           4,308        

                                                          98     


                                                                 
established under this section, the director may accept            4,309        

accreditation from the commission or other agency as evidence      4,310        

that the board is in compliance with all or part of the standards  4,311        

established under this section.  Programs and services accredited  4,312        

by the commission or agency are exempt from the program quality    4,313        

reviews required by division (E) of this section.                  4,314        

      Sec. 5126.12.  (A)  As used in this section:                 4,323        

      (1)  "Approved school age unit" means a class or unit        4,325        

operated by a county board of mental retardation and               4,328        

developmental disabilities and approved by the state board of      4,329        

education under division (D) of section 3317.05 of the Revised     4,330        

Code.                                                                           

      (2)  "Approved preschool unit" means a class or unit         4,332        

operated by a county board of mental retardation and               4,333        

developmental disabilities and approved by the state board of      4,334        

education under division (B) of section 3317.05 of the Revised     4,335        

Code.                                                                           

      (3)  "Active treatment" means a continuous treatment         4,337        

program, which includes aggressive, consistent implementation of   4,338        

a program of specialized and generic training, treatment, health   4,339        

services, and related services, that is directed toward the        4,340        

acquisition of behaviors necessary for an individual with mental   4,341        

retardation or other developmental disability to function with as  4,343        

much self-determination and independence as possible and toward    4,344        

the prevention of deceleration, regression, or loss of current     4,345        

optimal functional status.                                                      

      (4)  "Eligible for active treatment" means that an           4,347        

individual with mental retardation or other developmental          4,349        

disability resides in an intermediate care facility for the        4,350        

mentally retarded certified under Title XIX of the "Social         4,351        

Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as amended;     4,352        

resides in a state institution operated by the department of       4,353        

mental retardation and developmental disabilities; or is enrolled  4,354        

in a home and community-based services waiver program              4,355        

                                                          99     


                                                                 
administered by the department of mental retardation and           4,356        

developmental disabilities as part of the medical assistance       4,357        

program established under section 5111.01 of the Revised Code.     4,358        

      (5)  "Community alternative funding system" means the        4,360        

program under which habilitation services are reimbursed under     4,361        

the medical assistance program pursuant to section 5111.041 of     4,362        

the Revised Code and rules adopted under that section.             4,363        

      (6)  "Community employment program" means community          4,365        

employment services provided outside of a sheltered workshop       4,366        

setting under which the person earns competitive wages for the     4,367        

performance of work.                                               4,368        

      (7)  "Traditional adult services" means vocational and       4,370        

nonvocational activities conducted within a sheltered workshop or  4,371        

adult activity center or supportive home services.                 4,372        

      (B)  Each county board of mental retardation and             4,374        

developmental disabilities shall certify to the director of        4,375        

mental retardation and developmental disabilities all of the       4,376        

following:                                                                      

      (1)  On or before the fifteenth day of October, the average  4,378        

daily membership for the first full week of programs and services  4,379        

during October receiving:                                          4,380        

      (a)  Early childhood services provided pursuant to section   4,382        

5126.05 of the Revised Code for children who are less than three   4,383        

years of age on the thirtieth day of September of the academic     4,384        

year;                                                              4,385        

      (b)  Special education for handicapped children in approved  4,387        

school age units;                                                  4,388        

      (c)  Adult services for persons sixteen years of age and     4,390        

older operated pursuant to section 5126.05 and division (B) of     4,391        

section 5126.051 of the Revised Code.  Separate counts shall be    4,392        

made for the following:                                            4,393        

      (i)  Persons enrolled in traditional adult services who are  4,395        

eligible for but not enrolled in active treatment under the        4,396        

community alternative funding system;                              4,397        

                                                          100    


                                                                 
      (ii)  Persons enrolled in traditional adult services who     4,399        

are eligible for and enrolled in active treatment under the        4,400        

community alternative funding system;                              4,401        

      (iii)  Persons enrolled in traditional adult services but    4,403        

who are not eligible for active treatment under the community      4,404        

alternative funding system;                                        4,405        

      (iv)  Persons participating in community employment          4,407        

services.  To be counted as participating in community employment  4,408        

services, a person must have spent an average of no less than      4,409        

twenty TEN hours per week in such THAT employment during the       4,411        

preceding six months.                                              4,412        

      (d)  Other programs in the county for individuals with       4,414        

mental retardation and developmental disabilities that have been   4,415        

approved for payment of subsidy by the department of mental        4,416        

retardation and developmental disabilities.                        4,417        

      The membership in each such program and service in the       4,419        

county shall be reported on forms prescribed by the department of  4,420        

mental retardation and developmental disabilities.                 4,421        

      The department of mental retardation and developmental       4,423        

disabilities shall adopt rules defining full-time equivalent       4,424        

enrollees and for determining the average daily membership         4,426        

therefrom, except that certification of average daily membership   4,428        

in approved school age units shall be in accordance with rules     4,431        

adopted by the state board of education.  The average daily                     

membership figure shall be determined by dividing the amount       4,432        

representing the sum of the number of enrollees in each program    4,433        

or service in the week for which the certification is made by the  4,435        

number of days the program or service was offered in that week.    4,438        

No enrollee may be counted in average daily membership for more    4,439        

than one program or service.                                                    

      (2)  By the fifteenth day of December, the number of         4,441        

children enrolled in approved preschool units on the first day of  4,442        

December;                                                                       

      (3)  By ON OR BEFORE the fifteenth THIRTIETH day of          4,445        

                                                          101    


                                                                 
February MARCH, an itemized report of ALL INCOME AND OPERATING     4,446        

expenditures for the IMMEDIATELY preceding calendar year which     4,447        

have been approved for reimbursement by the director, IN THE       4,448        

FORMAT SPECIFIED BY THE DEPARTMENT OF MENTAL RETARDATION AND       4,449        

DEVELOPMENTAL DISABILITIES;                                                     

      (4)  By the fifteenth day of February, a report of the       4,451        

total annual cost per enrollee for operation of programs and       4,453        

services in the preceding calendar year.  The report shall         4,454        

include a grand total of all programs operated, the cost of the    4,455        

individual programs, and the sources of funds applied to each                   

program.                                                           4,456        

      (5)  That each required certification and report is in       4,458        

accordance with rules established by the department of mental      4,459        

retardation and developmental disabilities and the state board of  4,460        

education for the operation and subsidization of the programs and  4,461        

services.                                                          4,462        

      (C)  To compute payments under this section to the board     4,464        

for the fiscal year, the department of mental retardation and      4,465        

developmental disabilities shall use the certification of average  4,468        

daily membership required by division (B)(1) of this section       4,469        

exclusive of the average daily membership in any approved school   4,470        

age unit and the number in any approved preschool unit.                         

      (D)  The department shall pay each county board for each     4,472        

fiscal year an amount equal to nine hundred fifty dollars times    4,474        

the certified number of persons who on the first day of December   4,476        

of the academic year are under three years of age and are not in   4,478        

an approved preschool unit.  For persons who are at least age      4,480        

sixteen and are not in an approved school age unit, the            4,481        

department shall pay each county board for each fiscal year the    4,482        

following amounts:                                                              

      (1)  One thousand dollars times the certified average daily  4,484        

membership of persons enrolled in traditional adult services who   4,485        

are eligible for but not enrolled in active treatment under the    4,486        

community alternative funding system;                              4,487        

                                                          102    


                                                                 
      (2)  One thousand two hundred dollars times the certified    4,489        

average daily membership of persons enrolled in traditional adult  4,490        

services who are eligible for and enrolled in active treatment     4,491        

under the community alternative funding system;                    4,492        

      (3)  No less than one thousand five hundred dollars times    4,494        

the certified average daily membership of persons enrolled in      4,495        

traditional adult services but who are not eligible for active     4,496        

treatment under the community alternative funding system;          4,497        

      (4)  No less than one thousand five hundred dollars times    4,499        

the certified average daily membership of persons participating    4,500        

in community employment services.                                  4,501        

      (E)  The department shall distribute this subsidy to county  4,503        

boards in semiannual installments of equal amounts.  The           4,504        

installments shall be made not later than the thirty-first day of  4,506        

August and the thirty-first day of January.                        4,507        

      (F)  The director of mental retardation and developmental    4,509        

disabilities shall make efforts to obtain increases in the         4,510        

subsidies for early childhood services and adult services so that  4,511        

the amount of the subsidies is equal to at least fifty per cent    4,512        

of the statewide average cost of those services minus any          4,513        

applicable federal reimbursements for those services.  The         4,514        

director shall advise the director of budget and management of     4,515        

the need for any such increases when submitting the biennial       4,516        

appropriations request for the department.                         4,517        

      (G)  In determining the reimbursement of a county board for  4,519        

the provision of case management and family support services and   4,521        

other services required or approved by the director for which      4,522        

children three through twenty-one years of age are eligible, the   4,523        

department shall include the average daily membership in approved  4,524        

school age or preschool units.  The department, in accordance      4,525        

with this section and upon receipt and approval of the             4,526        

certification required by this section and any other information   4,527        

it requires to enable it to determine a board's payments, shall    4,528        

pay the agency providing the specialized training the amounts      4,529        

                                                          103    


                                                                 
payable under this section.                                                     

      Sec. 5126.13.  (A)  A county board of mental retardation     4,538        

and developmental disabilities may enter into an agreement with    4,539        

one or more other county boards of mental retardation and          4,540        

developmental disabilities to establish a regional council in      4,541        

accordance with Chapter 167. of the Revised Code.  The agreement   4,542        

shall specify the duties and functions to be performed by the      4,543        

council, which may include any duty or function a county board is  4,544        

required or authorized to perform under this chapter.  If          4,545        

directed to do so by a resolution adopted by a county board that   4,546        

is a member of a regional council, the department of mental        4,547        

retardation and developmental disabilities shall make any          4,548        

distributions of money for that county for the duties or           4,549        

functions performed by the council pursuant to its agreement that  4,550        

are otherwise required to be made to the county board under this   4,551        

chapter to the fiscal officer of the council designated under      4,552        

section 167.04 of the Revised Code.                                4,553        

      A county board may also enter into an agreement with one or  4,555        

more school districts or other political subdivisions to           4,556        

establish a regional council in accordance with Chapter 167. of    4,557        

the Revised Code.                                                  4,558        

      (B)  ON OR BEFORE THE THIRTIETH DAY OF MARCH, THE FISCAL     4,560        

OFFICER OF A REGIONAL COUNCIL DESCRIBED IN THIS SECTION SHALL      4,561        

REPORT TO THE DEPARTMENT OF MENTAL RETARDATION AND DEVELOPMENTAL   4,562        

DISABILITIES, IN THE FORMAT SPECIFIED BY THE DEPARTMENT, ALL       4,563        

INCOME AND OPERATING EXPENDITURES OF THE COUNCIL FOR THE           4,564        

IMMEDIATELY PRECEDING CALENDAR YEAR.                                            

      Sec. 5126.252.  NOTWITHSTANDING SECTIONS 5123.082, 5126.25,  4,566        

AND 5126.26 OF THE REVISED CODE, THE DEPARTMENT OF MENTAL          4,567        

RETARDATION AND DEVELOPMENTAL DISABILITIES MAY AUTHORIZE COUNTY    4,568        

BOARDS OF MENTAL RETARDATION AND DEVELOPMENTAL DISABILITIES TO     4,569        

ESTABLISH AND ADMINISTER IN THEIR COUNTIES PROGRAMS FOR THE        4,570        

CERTIFICATION AND REGISTRATION OF PERSONS FOR EMPLOYMENT BY THE    4,571        

BOARDS.  A CERTIFICATE OR EVIDENCE OF REGISTRATION ISSUED BY A     4,572        

                                                          104    


                                                                 
BOARD PARTICIPATING IN PROGRAMS UNDER THIS SECTION SHALL HAVE THE  4,573        

SAME FORCE AND EFFECT AS A CERTIFICATE OR EVIDENCE OF              4,574        

REGISTRATION ISSUED BY THE DEPARTMENT UNDER SECTION 5123.082 OR    4,575        

5126.25 OF THE REVISED CODE.                                                    

      Sec. 5126.28.  (A)  As used in this section:                 4,584        

      (1)  "Applicant" means a person who is under final           4,586        

consideration for appointment or employment in a position with a   4,587        

county board of mental retardation and developmental               4,589        

disabilities, INCLUDING, BUT NOT LIMITED TO, A PERSON WHO IS                    

BEING TRANSFERRED TO THE COUNTY BOARD AND AN EMPLOYEE WHO IS       4,590        

BEING RECALLED OR REEMPLOYED AFTER A LAYOFF.                       4,591        

      (2)  "Criminal records check" has the same meaning as in     4,593        

section 109.572 of the Revised Code.                               4,594        

      (3)  "Minor drug possession offense" has the same meaning    4,596        

as in section 2925.01 of the Revised Code.                         4,597        

      (B)  The superintendent of a county board of mental          4,599        

retardation and developmental disabilities shall request the       4,600        

superintendent of the bureau of criminal identification and        4,601        

investigation to conduct a criminal records check with respect to  4,602        

any applicant who has applied to the board for employment in any   4,603        

position, except that a county board superintendent is not         4,604        

required to request a criminal records check for an employee of    4,605        

the board who is being considered for a different position or is   4,606        

returning after a leave of absence or seasonal break in            4,607        

employment, as long as the superintendent has no reason to         4,608        

believe that the employee has committed any of the offenses        4,609        

listed or described in division (E) of this section.               4,610        

      If the applicant does not present proof that the applicant   4,613        

has been a resident of this state for the five-year period         4,614        

immediately prior to the date upon which the criminal records      4,615        

check is requested, the county board superintendent shall request  4,616        

that the superintendent of the bureau obtain information from the  4,618        

federal bureau of investigation as a part of the criminal records  4,619        

check for the applicant.  If the applicant presents proof that     4,620        

                                                          105    


                                                                 
the applicant has been a resident of this state for that           4,621        

five-year period, the county board superintendent may request      4,622        

that the superintendent of the bureau include information from     4,623        

the federal bureau of investigation in the criminal records        4,625        

check.  For purposes of this division, an applicant may provide    4,626        

proof of residency in this state by presenting, with a notarized   4,627        

statement asserting that the applicant has been a resident of      4,628        

this state for that five-year period, a valid driver's license,    4,629        

notification of registration as an elector, a copy of an           4,630        

officially filed federal or state tax form identifying the         4,631        

applicant's permanent residence, or any other document the         4,632        

superintendent considers acceptable.                                            

      (C)  The county board superintendent shall provide to each   4,634        

applicant a copy of the form prescribed pursuant to division       4,636        

(C)(2)(1) of section 109.572 of the Revised Code, provide to each  4,637        

applicant a standard impression sheet to obtain fingerprint        4,638        

impressions prescribed pursuant to division (C)(2) of section      4,639        

109.572 of the Revised Code, obtain the completed form and         4,640        

impression sheet from each applicant, and forward the completed    4,641        

form and impression sheet to the superintendent of the bureau of   4,643        

criminal identification and investigation at the time the          4,644        

criminal records check is requested.                               4,645        

      Any applicant who receives pursuant to this division a copy  4,647        

of the form prescribed pursuant to division (C)(1) of section      4,648        

109.572 of the Revised Code and a copy of an impression sheet      4,649        

prescribed pursuant to division (C)(2) of that section and who is  4,650        

requested to complete the form and provide a set of fingerprint    4,651        

impressions shall complete the form or provide all the             4,652        

information necessary to complete the form and shall provide the   4,653        

impression sheet with the impressions of the applicant's           4,655        

fingerprints.  If an applicant, upon request, fails to provide     4,656        

the information necessary to complete the form or fails to         4,657        

provide impressions of the applicant's fingerprints, the county    4,658        

board superintendent shall not employ that applicant.              4,659        

                                                          106    


                                                                 
      (D)  A county board superintendent may request any other     4,661        

state or federal agency to supply the board with a written report  4,663        

regarding the criminal record of each applicant.  With regard to                

an applicant who becomes a board employee, if the employee holds   4,665        

an occupational or professional license or other credentials, the               

superintendent may request that the state or federal agency that   4,666        

regulates the employee's occupation or profession supply the       4,667        

board with a written report of any information pertaining to the   4,668        

employee's criminal record that the agency obtains in the course   4,669        

of conducting an investigation or in the process of renewing the   4,670        

employee's license or other credentials.                                        

      (E)  Except as provided in division (K)(2) of this section   4,672        

and in rules adopted by the department of mental retardation and   4,673        

developmental disabilities in accordance with division (M) of      4,674        

this section, no county board of mental retardation and            4,675        

developmental disabilities shall employ a person to fill a         4,676        

position with the board who has been convicted of or pleaded       4,677        

guilty to any of the following:                                    4,678        

      (1)  A violation of section 2903.01, 2903.02, 2903.03,       4,680        

2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,     4,681        

2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,     4,683        

2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,     4,684        

2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01,  4,685        

2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25,     4,686        

2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05,    4,687        

2925.06, or 3716.11 of the Revised Code, a violation of section    4,688        

2905.04 of the Revised Code as it existed prior to July 1, 1996,                

a violation of section 2919.23 of the Revised Code that would      4,689        

have been a violation of section 2905.04 of the Revised Code as    4,690        

it existed prior to July 1, 1996, had the violation occurred       4,691        

prior to that date, a violation of section 2925.11 of the Revised  4,692        

Code that is not a minor drug possession offense, or felonious     4,693        

sexual penetration in violation of former section 2907.12 of the   4,694        

Revised Code;                                                                   

                                                          107    


                                                                 
      (2)  A felony contained in the Revised Code that is not      4,696        

listed in this division, if the felony bears a direct and          4,697        

substantial relationship to the duties and responsibilities of     4,698        

the position being filled;                                         4,699        

      (3)  ANY OFFENSE CONTAINED IN THE REVISED CODE CONSTITUTING  4,702        

A MISDEMEANOR OF THE FIRST DEGREE ON THE FIRST OFFENSE AND A       4,703        

FELONY ON A SUBSEQUENT OFFENSE, IF THE OFFENSE BEARS A DIRECT AND  4,704        

SUBSTANTIAL RELATIONSHIP TO THE POSITION BEING FILLED AND THE      4,705        

NATURE OF THE SERVICES BEING PROVIDED BY THE COUNTY BOARD;                      

      (4)  A violation of an existing or former MUNICIPAL          4,707        

ORDINANCE OR law of this state, any other state, or the United     4,710        

States, if the offense is substantially equivalent to any of the   4,711        

offenses LISTED OR described in division (E)(1) or, (2), OR (3)    4,712        

of this section.                                                   4,713        

      (F)  Prior to employing an applicant, the county board       4,715        

superintendent shall require the applicant to submit a statement   4,716        

with the applicant's signature attesting that the applicant has    4,717        

not been convicted of or pleaded guilty to any of the offenses     4,718        

LISTED OR described in division (E) of this section.  The          4,720        

superintendent also shall require the applicant to sign an         4,721        

agreement under which the applicant agrees to notify the           4,722        

superintendent WITHIN FOURTEEN CALENDAR DAYS if, while employed    4,724        

by the board, the person APPLICANT is ever formally charged for    4,726        

WITH, CONVICTED OF, OR PLEADS GUILTY TO any of the offenses        4,727        

listed or described in division (E) of this section.  The          4,728        

agreement shall inform the applicant that failure to report        4,729        

formal charges, A CONVICTION, OR A GUILTY PLEA may result in       4,730        

being dismissed from employment.                                   4,731        

      (G)  A county board of mental retardation and developmental  4,734        

disabilities shall pay to the bureau of criminal identification    4,735        

and investigation the fee prescribed pursuant to division          4,736        

(C)(2)(3) of section 109.572 of the Revised Code for each          4,737        

criminal records check requested and conducted pursuant to this                 

section.                                                           4,738        

                                                          108    


                                                                 
      (H)(1)  Any report obtained pursuant to this section is not  4,740        

a public record for purposes of section 149.43 of the Revised      4,741        

Code and shall not be made available to any person, other than     4,742        

the applicant who is the subject of the records check or criminal  4,743        

records check or the applicant's representative, the board         4,744        

requesting the records check or criminal records check or its      4,745        

representative, the department of mental retardation and           4,747        

developmental disabilities, and any court, hearing officer, or     4,748        

other necessary individual involved in a case dealing with the     4,749        

denial of employment to the applicant or the denial, suspension,   4,750        

or revocation of a certificate or evidence of registration under   4,751        

section 5126.25 of the Revised Code.                               4,752        

      (2)  An individual for whom a county board superintendent    4,754        

has obtained reports under this section may submit a written       4,755        

request to the county board to have copies of the reports sent to  4,757        

any state agency, entity of local government, or private entity.   4,758        

The individual shall specify in the request the AGENCIES OR        4,759        

entities to which the copies are to be sent.  On receiving the     4,760        

request, the county board shall send copies of the reports to the  4,761        

AGENCIES OR entities specified.                                    4,762        

      A county board may request that a state agency, entity of    4,764        

local government, or private entity send copies to the board of    4,765        

any report regarding a records check or criminal records check     4,766        

that the AGENCY OR entity possesses, if the county board obtains   4,767        

the written consent of the individual who is the subject of the    4,768        

report.                                                            4,769        

      (I)  Each county board superintendent shall request the      4,771        

registrar of motor vehicles to supply the superintendent with a    4,772        

certified abstract regarding the record of convictions for         4,773        

violations of motor vehicle laws of each applicant who will be     4,774        

required by the applicant's employment to transport individuals    4,775        

with mental retardation or developmental disabilities or to        4,776        

operate the board's vehicles for any other purpose.  For each      4,777        

abstract provided under this section, the board shall pay the      4,778        

                                                          109    


                                                                 
amount specified in section 4509.05 of the Revised Code.           4,779        

      (J)  The county board superintendent shall provide each      4,781        

applicant with a copy of any report or abstract obtained about     4,782        

the applicant under this section.  The AT THE REQUEST OF THE       4,783        

DIRECTOR OF MENTAL RETARDATION AND DEVELOPMENTAL DISABILITIES,     4,784        

THE superintendent also shall provide the department of mental     4,786        

retardation and developmental disabilities DIRECTOR with a copy    4,787        

of each A report or abstract obtained under this section.          4,789        

      (K)(1)  The county board superintendent shall inform each    4,791        

person, at the time of the person's initial application for        4,792        

employment, that the person is required to provide a set of        4,793        

impressions of the person's fingerprints and that a criminal       4,794        

records check is required to be conducted and satisfactorily       4,795        

completed in accordance with section 109.572 of the Revised Code   4,796        

if the person comes under final consideration for appointment or   4,797        

employment as a precondition to employment for that IN A           4,798        

position.                                                                       

      (2)  A board may employ an applicant pending receipt of      4,801        

reports requested under this section.  The board shall terminate   4,802        

employment of any such applicant if it is determined from the      4,803        

reports that the applicant failed to inform the county board that  4,804        

the applicant had been convicted of or pleaded guilty to any of                 

the offenses listed or described in division (E) of this section.  4,805        

      (L)  The board may charge an applicant a fee for costs it    4,807        

incurs in obtaining reports, abstracts, or fingerprint             4,808        

impressions under this section.  A fee charged under this          4,809        

division shall not exceed the amount of the fees the board pays    4,810        

under divisions (G) and (I) of this section.  If a fee is charged  4,811        

under this division, the board shall notify the applicant of the   4,812        

amount of the fee at the time of the applicant's initial           4,813        

application for employment and that, unless the fee is paid, the   4,814        

board will not consider the applicant for employment.              4,815        

      (M)  The department of mental retardation and developmental  4,817        

disabilities shall adopt rules pursuant to Chapter 119. of the     4,818        

                                                          110    


                                                                 
Revised Code to implement this section and section 5126.281 of     4,819        

the Revised Code, including rules specifying circumstances under   4,820        

which a county board or contracting entity may hire a person who   4,821        

has been convicted of OR PLEADED GUILTY TO an offense listed or    4,822        

described in division (E) of this section but who meets standards  4,824        

in regard to rehabilitation set by the department.                 4,825        

      Sec. 5126.281.  (A)  As used in this section, "contracting:  4,834        

      (1)  "CONTRACTING entity" means an entity under contract     4,837        

with a county board of mental retardation and developmental        4,838        

disabilities for the provision of direct SPECIALIZED services to   4,839        

individuals with mental retardation or a developmental             4,841        

disability.                                                                     

      (2)  "DIRECT SERVICES POSITION" MEANS AN EMPLOYMENT          4,843        

POSITION IN WHICH THE EMPLOYEE HAS PHYSICAL CONTACT WITH, THE      4,844        

OPPORTUNITY TO BE ALONE WITH, OR EXERCISES SUPERVISION OR CONTROL  4,845        

OVER ONE OR MORE INDIVIDUALS WITH MENTAL RETARDATION OR A          4,846        

DEVELOPMENTAL DISABILITY.                                          4,847        

      (3)  "SPECIALIZED SERVICES" MEANS ANY PROGRAM OR SERVICE     4,849        

DESIGNED AND OPERATED TO SERVE PRIMARILY INDIVIDUALS WITH MENTAL   4,850        

RETARDATION OR A DEVELOPMENTAL DISABILITY, INCLUDING A PROGRAM OR  4,851        

SERVICE PROVIDED BY AN ENTITY LICENSED OR CERTIFIED BY THE         4,852        

DEPARTMENT OF MENTAL RETARDATION AND DEVELOPMENTAL DISABILITIES.   4,853        

IF THERE IS A QUESTION AS TO WHETHER A CONTRACTING ENTITY IS       4,854        

PROVIDING SPECIALIZED SERVICES, THE CONTRACTING ENTITY MAY         4,855        

REQUEST THAT THE DIRECTOR OF MENTAL RETARDATION AND DEVELOPMENTAL  4,856        

DISABILITIES MAKE A DETERMINATION.  THE DIRECTOR'S DETERMINATION   4,857        

IS FINAL.                                                                       

      (B)  Each (1)  EXCEPT AS PROVIDED IN DIVISION (B)(2) OF      4,860        

THIS SECTION, EACH contracting entity shall conduct background     4,861        

investigations in the same manner county boards conduct            4,862        

investigations under section 5126.28 of the Revised Code of all    4,863        

persons under final consideration for employment with the          4,864        

contracting entity in a DIRECT SERVICES position that involves     4,865        

providing services directly to individuals with mental             4,867        

                                                          111    


                                                                 
retardation or a developmental disability, except that a           4,868        

contracting entity is not required to request a criminal records   4,869        

check for a direct services employee of the entity who is being    4,870        

considered for a different direct services position or is          4,871        

returning after a leave of absence or seasonal break in                         

employment, as long as the contracting entity has no reason to     4,872        

believe that the employee has committed any of the offenses        4,873        

listed or described in division (E) of section 5126.28 of the      4,874        

Revised Code.  On request, the county board shall assist a         4,875        

contracting entity in obtaining reports from the bureau of         4,876        

criminal identification and investigation or any other state or    4,877        

federal agency and in obtaining abstracts from the registrar of    4,878        

motor vehicles.                                                                 

      (2)  A CONTRACTING ENTITY IS NOT REQUIRED TO REQUEST A       4,880        

CRIMINAL RECORDS CHECK FOR EITHER OF THE FOLLOWING:                4,881        

      (a)  AN EMPLOYEE OF THE ENTITY WHO IS IN A DIRECT SERVICES   4,883        

POSITION AND BEING CONSIDERED FOR A DIFFERENT DIRECT SERVICES      4,884        

POSITION OR IS RETURNING AFTER A LEAVE OF ABSENCE OR SEASONAL      4,886        

BREAK IN EMPLOYMENT, AS LONG AS THE CONTRACTING ENTITY HAS NO      4,887        

REASON TO BELIEVE THAT THE EMPLOYEE HAS COMMITTED ANY OF THE       4,888        

OFFENSES LISTED OR DESCRIBED IN DIVISION (E) OF SECTION 5126.28    4,889        

OF THE REVISED CODE;                                                            

      (b)  A PERSON WHO WILL PROVIDE ONLY RESPITE CARE UNDER A     4,891        

FAMILY SUPPORT SERVICES PROGRAM ESTABLISHED UNDER SECTION 5126.11  4,892        

OF THE REVISED CODE, IF THE PERSON IS SELECTED BY A FAMILY MEMBER  4,894        

OF THE INDIVIDUAL WITH MENTAL RETARDATION OR A DEVELOPMENTAL                    

DISABILITY WHO IS TO RECEIVE THE RESPITE CARE.                     4,896        

      (C)  No contracting entity shall place a person in a DIRECT  4,899        

SERVICES position that involves providing services directly to     4,900        

individuals with mental retardation or a developmental disability  4,901        

if the person has been convicted of or pleaded guilty to any       4,902        

offense listed or described in division (E) of section 5126.28 of  4,903        

the Revised Code, unless the person meets the standards for        4,904        

rehabilitation established by rules adopted under section 5126.28  4,905        

                                                          112    


                                                                 
of the Revised Code.                                               4,906        

      (D)  A contracting entity may place a person in a DIRECT     4,908        

SERVICES position that involves providing services directly to an  4,909        

individual with mental retardation or a developmental disability   4,910        

pending receipt of information concerning the person's background  4,912        

investigation from the bureau of criminal identification and       4,913        

investigation, the registrar of motor vehicles, or any other       4,914        

state or federal agency if the person submits to the contracting   4,915        

entity a statement with the person's signature that the person     4,917        

has not been convicted of or pleaded guilty to any of the          4,918        

offenses listed or described in division (E) of section 5126.28    4,919        

of the Revised Code.  No contracting entity shall fail to          4,920        

terminate the placement of such person if the contracting entity   4,921        

is informed that the person has been convicted of or pleaded       4,922        

guilty to any of the offenses listed or described in division (E)  4,923        

of section 5126.28 of the Revised Code.                            4,924        

      (E)  Prior to employing a person in a direct services        4,926        

position, the contracting entity shall require the person to       4,927        

submit a statement with the applicant's signature attesting that   4,928        

the applicant has not been convicted of or pleaded guilty to any   4,929        

of the offenses listed or described in division (E) of section     4,930        

5126.28 of the Revised Code.  The contracting entity also shall                 

require the person to sign an agreement to notify the contracting  4,931        

entity WITHIN FOURTEEN CALENDAR DAYS if, while employed by the     4,933        

entity, the person is ever formally charged for WITH, CONVICTED    4,934        

OF, OR PLEADS GUILTY TO any of the offenses listed or described    4,935        

in division (E) of section 5126.28 of the Revised Code.  The       4,936        

agreement shall inform the person that failure to report formal    4,937        

charges, A CONVICTION, OR A GUILTY PLEA may result in being        4,938        

dismissed from employment.                                                      

      (F)  A county board may take appropriate action against a    4,940        

contracting entity that violates this section, including           4,942        

terminating the contracting entity's contract with the board.      4,943        

      Sec. 5126.311.  NOTWITHSTANDING THE REQUIREMENT OF SECTION   4,945        

                                                          113    


                                                                 
5126.31 OF THE REVISED CODE THAT A COUNTY BOARD OF MENTAL          4,946        

RETARDATION AND DEVELOPMENTAL DISABILITIES REVIEW REPORTS OF       4,947        

ABUSE AND NEGLECT, IF THE DEPARTMENT OF MENTAL RETARDATION AND     4,948        

DEVELOPMENTAL DISABILITIES OR A COUNTY BOARD OF MENTAL             4,950        

RETARDATION AND DEVELOPMENTAL DISABILITIES DETERMINES THAT IT      4,951        

WOULD BE INAPPROPRIATE FOR THE COUNTY BOARD TO INVESTIGATE A       4,952        

REPORT OF ABUSE OR NEGLECT MADE UNDER SECTION 5123.61 OF THE       4,953        

REVISED CODE, AT THE REQUEST OF THE DEPARTMENT OR COUNTY BOARD,    4,955        

ONE OF THE FOLLOWING GOVERNMENT ENTITIES MAY REVIEW THE REPORT     4,956        

INSTEAD OF THE COUNTY BOARD:                                                    

      (A)  ANOTHER COUNTY BOARD OF MENTAL RETARDATION AND          4,958        

DEVELOPMENTAL DISABILITIES;                                        4,959        

      (B)  THE DEPARTMENT;                                         4,961        

      (C)  A REGIONAL COUNCIL OF GOVERNMENT ESTABLISHED PURSUANT   4,963        

TO CHAPTER 167. OF THE REVISED CODE;                               4,964        

      (D)  ANY OTHER GOVERNMENT ENTITY AUTHORIZED TO INVESTIGATE   4,966        

REPORTS OF ABUSE AND NEGLECT.                                      4,967        

      Sec. 5126.312.  THE DEPARTMENT OF MENTAL RETARDATION AND     4,969        

DEVELOPMENTAL DISABILITIES SHALL ADOPT RULES ESTABLISHING MINIMUM  4,970        

STANDARDS FOR THE TRAINING PROVIDED BY COUNTY BOARDS OF MENTAL     4,971        

RETARDATION AND DEVELOPMENTAL DISABILITIES PURSUANT TO DIVISION    4,973        

(F) OF SECTION 5126.31 OF THE REVISED CODE.  THE TRAINING          4,974        

PROVIDED BY THE COUNTY BOARDS SHALL MEET THE MINIMUM STANDARDS     4,975        

PRESCRIBED BY THE RULES.                                           4,976        

      Sec. 5126.357.  (A)  As used in this section:                4,985        

      (1)  "In-home care" means the supportive services provided   4,987        

within the home of an individual who receives funding for the      4,989        

services as a county board client, including any client who        4,990        

receives residential services funded through the medical           4,992        

assistance program's home and community-based services waivers                  

administered by the department of mental retardation and           4,994        

developmental disabilities, family support services provided       4,995        

under section 5126.11 of the Revised Code, or supported living     4,997        

provided in accordance with sections 5126.41 to 5126.47 of the     4,998        

                                                          114    


                                                                 
Revised Code.  "In-home care" includes care that is provided       4,999        

outside a client's home in places incidental to the home, and      5,000        

while traveling to places incidental to the home, except that      5,002        

"in-home care" does not include care provided in the facilities    5,004        

of a county board of mental retardation and developmental          5,005        

disabilities or care provided in schools.                                       

      (2)  "Parent" means either parent of a child, including an   5,007        

adoptive parent but not a foster parent.                           5,009        

      (3)  "Unlicensed in-home care worker" means an individual    5,011        

who provides in-home care but is not a health care professional.   5,014        

A county board worker may be an unlicensed in-home care worker.    5,015        

      (4)  "FAMILY MEMBER" MEANS A PARENT, SIBLING, SPOUSE, SON,   5,017        

DAUGHTER, GRANDPARENT, AUNT, UNCLE, COUSIN, OR GUARDIAN OF THE     5,018        

INDIVIDUAL WITH MENTAL RETARDATION OR A DEVELOPMENTAL DISABILITY   5,019        

IF THE INDIVIDUAL WITH MENTAL RETARDATION OR DEVELOPMENTAL         5,020        

DISABILITIES LIVES WITH THE PERSON AND IS DEPENDENT ON THE PERSON  5,021        

TO THE EXTENT THAT, IF THE SUPPORTS WERE WITHDRAWN, ANOTHER        5,022        

LIVING ARRANGEMENT WOULD HAVE TO BE FOUND.                                      

      (B)  Except as provided in division (D) of this section,     5,024        

the parent or guardian A FAMILY MEMBER of an individual with       5,026        

mental retardation or a developmental disability who is not more   5,028        

than twenty-one years of age or the guardian of an individual      5,030        

with mental retardation or a developmental disability who is age                

twenty-one or older may authorize an unlicensed in-home care       5,031        

worker to give or apply prescribed medication or perform other     5,033        

health care tasks as part of the in-home care provided to the      5,034        

individual, if the parent or guardian FAMILY MEMBER is the         5,035        

primary supervisor of the care and the unlicensed in-home care     5,036        

worker has been selected by the parent or guardian FAMILY MEMBER   5,037        

and is under the direct supervision of the parent or guardian      5,040        

FAMILY MEMBER.  Sections 4723.62 and 5126.351 to 5126.356 of the   5,042        

Revised Code do not apply to the in-home care authorized by a      5,043        

parent or guardian FAMILY MEMBER under this section.  Instead, a   5,044        

parent or guardian FAMILY MEMBER shall obtain a prescription, if   5,045        

                                                          115    


                                                                 
applicable, and written instructions from a health care            5,046        

professional for the care to be provided to the individual.  The   5,047        

parent or guardian FAMILY MEMBER shall authorize the unlicensed    5,048        

in-home care worker to provide the care by preparing a written     5,050        

document granting the authority.  The parent or guardian FAMILY    5,051        

MEMBER shall provide the unlicensed in-home care worker with       5,052        

appropriate training and written instructions in accordance with   5,053        

the instructions obtained from the health care professional.       5,054        

      (C)  A parent or guardian FAMILY MEMBER who authorizes an    5,056        

unlicensed in-home care worker to give or apply prescribed         5,059        

medication or perform other health care tasks retains full         5,060        

responsibility for the health and safety of the individual         5,061        

receiving the care and for ensuring that the worker provides the   5,062        

care appropriately and safely.  No entity that funds or monitors   5,063        

the provision of in-home care may be held liable for the results   5,064        

of the care provided under this section by an unlicensed in-home   5,065        

care worker, including such entities as the county board of        5,067        

mental retardation and developmental disabilities, any other       5,068        

entity that employs an unlicensed in-home care worker, and the     5,069        

department of mental retardation and developmental disabilities.   5,071        

      An unlicensed in-home care worker who is authorized under    5,073        

this section by a parent or guardian FAMILY MEMBER to provide      5,074        

care to an individual may not be held liable for any injury        5,077        

caused in providing the care, unless the worker provides the care               

in a manner that is not in accordance with the training and        5,078        

instructions received or the worker acts in a manner that          5,079        

constitutes wanton or reckless misconduct.                         5,080        

      (D)  A county board of mental retardation and developmental  5,082        

disabilities may evaluate the authority granted by a parent or     5,083        

guardian FAMILY MEMBER under this section to an unlicensed         5,085        

in-home care worker at any time it considers necessary and shall   5,086        

evaluate the authority on receipt of a complaint.  If the board    5,087        

determines that the parent or guardian A FAMILY MEMBER has acted   5,088        

in a manner that is inappropriate for the health and safety of     5,089        

                                                          116    


                                                                 
the individual receiving the services, the authorization granted   5,091        

by the parent or guardian FAMILY MEMBER to an unlicensed in-home   5,093        

care worker is void, and the parent or guardian FAMILY MEMBER may  5,094        

not authorize other unlicensed in-home care workers to provide     5,095        

the care.  In making such a determination, the board shall use     5,096        

appropriately licensed health care professionals and shall         5,097        

provide the parent or guardian FAMILY MEMBER an opportunity to     5,099        

file a complaint under section 5126.06 of the Revised Code.                     

      Section 2.  That existing sections 109.57, 109.572,          5,101        

2108.50, 2111.13, 5123.01, 5123.02, 5123.041, 5123.042, 5123.05,   5,102        

5123.082, 5123.09, 5123.092, 5123.11, 5123.17, 5123.18, 5123.181,  5,103        

5123.183, 5123.19, 5123.21, 5123.27, 5123.34, 5123.351, 5123.353,  5,104        

5123.55, 5123.62, 5123.63, 5123.64, 5123.67, 5123.801, 5123.85,    5,105        

5123.89, 5123.93, 5126.02, 5126.023, 5126.042, 5126.044,           5,106        

5126.081, 5126.082, 5126.12, 5126.13, 5126.28, 5126.281, and       5,107        

5126.357 and sections 5123.081, 5123.16, 5123.231, and 5126.252    5,108        

of the Revised Code are hereby repealed.                           5,109        

      Section 3.  Section 5123.081 of the Revised Code, as         5,111        

repealed and reenacted by this act, applies only to persons who    5,112        

apply for appointment to or employment with the Department of      5,113        

Mental Retardation and Developmental Disabilities on or after the  5,114        

effective date of this act.                                        5,115        

      Section 4.  The Joint Council on Mental Retardation and      5,117        

Developmental Disabilities is retained pursuant to division (D)    5,118        

of section 101.84 of the Revised Code and, pursuant to that        5,119        

section, expires on December 31, 2004.                             5,120        

      Section 5.  As used in this section, "contractor" means a    5,122        

person or government agency that has entered into a contract with  5,123        

the Department of Mental Retardation and Developmental             5,124        

Disabilities under section 5123.18 of the Revised Code to provide  5,125        

residential services to individuals with mental retardation or     5,126        

developmental disabilities.                                        5,127        

      A contractor is not required to repay the Department of      5,129        

Mental Retardation and Developmental Disabilities the amount the   5,130        

                                                          117    


                                                                 
contractor received from the Department pursuant to a retroactive  5,131        

rate increase the Department issued in April 1997.  If, prior to   5,132        

the effective date of this act, a contractor repaid the            5,133        

Department the amount it received pursuant to that retroactive     5,134        

rate increase, the Department shall return the payment to the      5,135        

contractor.  The payment shall be made from the purchase of        5,136        

service fund established under section 5123.051 of the Revised     5,137        

Code.  Neither that retroactive rate increase nor a payment the    5,139        

Department returns to a contractor under this section is an                     

amount payable to the state for the purpose of section 131.02 of   5,140        

the Revised Code or subject to a reconciliation under division     5,141        

(O) of section 5123.18 of the Revised Code.                        5,142        

      Section 6.  The repeal and reenactment of section 5126.252   5,144        

of the Revised Code by this act revives that section, except that  5,145        

this act makes that section permanent, does not limit the          5,146        

programs established under that section to pilot projects, and     5,147        

does not apply to employees of entities contracting with a county  5,148        

board of mental retardation and developmental disabilities.        5,149        

      Section 7.  Section 109.57 of the Revised Code is presented  5,151        

in this act as a composite of the section as amended by both Am.   5,153        

Sub. H.B. 3 and Am. Sub. H.B. 282 of the 123rd General Assembly,                

with the new language of neither of the acts shown in capital      5,154        

letters.  This is in recognition of the principle stated in        5,155        

division (B) of section 1.52 of the Revised Code that such         5,156        

amendments are to be harmonized where not substantively            5,157        

irreconcilable and constitutes a legislative finding that such     5,158        

are the resulting versions of those sections in effect prior to    5,160        

the effective date of this act.