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.
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(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.