As Reported by the Senate Judiciary--Civil Justice Committee

126th General Assembly Regular Session 2005-2006

S. B. No. 10

Senators Jordan, Wachtmann, Mumper, Hottinger, Jacobson, Austria, Goodman, Carey, Cates, Stivers 

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A BILL

To amend sections 5126.01, 5126.02, 5126.021,

1

5126.022, 5126.023, 5126.03, 5126.031, 5126.033,

2

5126.034, 5126.056, 5126.058, 5126.081, 5126.30,

3

5705.191, and 5705.222, to amend, for the purpose

4

of adopting new section numbers as indicated in

5

parentheses, sections 5126.02 (5126.0212),

6

5126.021 (5126.029), 5126.022 (5126.0215),

7

5126.023 (5126.0225), and 5126.024 (5126.0226),

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and to enact new sections 5126.02, 5126.021,

9

5126.022, 5126.023, and 5126.024 and sections

10

5126.025, 5126.026, 5126.027, 5126.028, 5126.0210,

11

5126.0211, 5126.0213, 5126.0214, 5126.0216,

12

5126.0217, 5126.0218, 5126.0219, 5126.0220,

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5126.0221, 5126.0222, 5126.0223, 5126.0224,

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5126.0227, 5126.0228, 5126.037, and 5126.038 of

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the Revised Code to revise the law governing

16

county boards of mental retardation and

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developmental disabilities.

18

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

Section 1. That sections 5126.01, 5126.02, 5126.021,	19
5126.022, 5126.023, 5126.03, 5126.031, 5126.033, 5126.034,	20
5126.056, 5126.058, 5126.081, 5126.30, 5705.191, and 5705.222 be	21
amended, sections 5126.02 (5126.0212), 5126.021 (5126.029),	22
5126.022 (5126.0215), 5126.023 (5126.0225), and 5126.024	23
(5126.0226) be amended for the purpose of adopting new section	24
numbers as indicated in parentheses, and new sections 5126.02,	25
5126.021, 5126.022, 5126.023, and 5126.024 and sections 5126.025,	26
5126.026, 5126.027, 5126.028, 5126.0210, 5126.0211, 5126.0213,	27
5126.0214, 5126.0216, 5126.0217, 5126.0218, 5126.0219, 5126.0220,	28
5126.0221, 5126.0222, 5126.0223, 5126.0224, 5126.0227, 5126.0228,	29
5126.037, and 5126.038 of the Revised Code be enacted to read as	30
follows:	31

Sec. 5126.01.  As used in this chapter:

32

(A) As used in this division, "adult" means an individual who	33
is eighteen years of age or over and not enrolled in a program or	34
service under Chapter 3323. of the Revised Code and an individual	35
sixteen or seventeen years of age who is eligible for adult	36
services under rules adopted by the director of mental retardation	37
and developmental disabilities pursuant to Chapter 119. of the	38
Revised Code.	39

(1) "Adult services" means services provided to an adult	40
outside the home, except when they are provided within the home	41
according to an individual's assessed needs and identified in an	42
individual service plan, that support learning and assistance in	43
the area of self-care, sensory and motor development,	44
socialization, daily living skills, communication, community	45
living, social skills, or vocational skills.	46

(2) "Adult services" includes all of the following:

47

(a) Adult day habilitation services;

48

(b) Adult day care;

49

(c) Prevocational services;

50

(d) Sheltered employment;

51

(e) Educational experiences and training obtained through	52
entities and activities that are not expressly intended for	53
individuals with mental retardation and developmental	54
disabilities, including trade schools, vocational or technical	55
schools, adult education, job exploration and sampling, unpaid	56
work experience in the community, volunteer activities, and	57
spectator sports;	58

(f) Community employment services and supported employment	59
services.	60

(B)(1) "Adult day habilitation services" means adult services	61
that do the following:	62

(a) Provide access to and participation in typical activities	63
and functions of community life that are desired and chosen by the	64
general population, including such activities and functions as	65
opportunities to experience and participate in community	66
exploration, companionship with friends and peers, leisure	67
activities, hobbies, maintaining family contacts, community	68
events, and activities where individuals without disabilities are	69
involved;	70

(b) Provide supports or a combination of training and	71
supports that afford an individual a wide variety of opportunities	72
to facilitate and build relationships and social supports in the	73
community.	74

(2) "Adult day habilitation services" includes all of the	75
following:	76

(a) Personal care services needed to ensure an individual's	77
ability to experience and participate in vocational services,	78
educational services, community activities, and any other adult	79
day habilitation services;	80

(b) Skilled services provided while receiving adult day	81
habilitation services, including such skilled services as behavior	82
management intervention, occupational therapy, speech and language	83
therapy, physical therapy, and nursing services;	84

(c) Training and education in self-determination designed to	85
help the individual do one or more of the following: develop	86
self-advocacy skills, exercise the individual's civil rights,	87
acquire skills that enable the individual to exercise control and	88
responsibility over the services received, and acquire skills that	89
enable the individual to become more independent, integrated, or	90
productive in the community;	91

(d) Recreational and leisure activities identified in the	92
individual's service plan as therapeutic in nature or assistive in	93
developing or maintaining social supports;	94

(e) Counseling and assistance provided to obtain housing,	95
including such counseling as identifying options for either rental	96
or purchase, identifying financial resources, assessing needs for	97
environmental modifications, locating housing, and planning for	98
ongoing management and maintenance of the housing selected;	99

(f) Transportation necessary to access adult day habilitation	100
services;	101

(g) Habilitation management, as described in section 5126.14	102
of the Revised Code.	103

(3) "Adult day habilitation services" does not include	104
activities that are components of the provision of residential	105
services, family support services, or supported living services.	106

(C) "Appointing authority" means the following:

107

(1) In the case of a member of a county board of mental	108
retardation and developmental disabilities appointed by, or to be	109
appointed by, a board of county commissioners, the board of county	110
commissioners;	111

(2) In the case of a member of a county board appointed by,	112
or to be appointed by, a senior probate judge, the senior probate	113
judge.	114

(D) "Community employment services" or "supported employment	115
services" means job training and other services related to	116
employment outside a sheltered workshop. "Community employment	117
services" or "supported employment services" include all of the	118
following:	119

(1) Job training resulting in the attainment of competitive	120
work, supported work in a typical work environment, or	121
self-employment;	122

(2) Supervised work experience through an employer paid to	123
provide the supervised work experience;	124

(3) Ongoing work in a competitive work environment at a wage	125
commensurate with workers without disabilities;	126

(4) Ongoing supervision by an employer paid to provide the	127
supervision.	128

(D)(E) As used in this division, "substantial functional	129
limitation," "developmental delay," and "established risk" have	130
the meanings established pursuant to section 5123.011 of the	131
Revised Code.	132

"Developmental disability" means a severe, chronic disability	133
that is characterized by all of the following:	134

(1) It is attributable to a mental or physical impairment or	135
a combination of mental and physical impairments, other than a	136
mental or physical impairment solely caused by mental illness as	137
defined in division (A) of section 5122.01 of the Revised Code;	138

(2) It is manifested before age twenty-two;

139

(3) It is likely to continue indefinitely;

140

(4) It results in one of the following:

141

(a) In the case of a person under age three, at least one	142
developmental delay or an established risk;	143

(b) In the case of a person at least age three but under age	144
six, at least two developmental delays or an established risk;	145

(c) In the case of a person age six or older, a substantial	146
functional limitation in at least three of the following areas of	147
major life activity, as appropriate for the person's age:	148
self-care, receptive and expressive language, learning, mobility,	149
self-direction, capacity for independent living, and, if the	150
person is at least age sixteen, capacity for economic	151
self-sufficiency.	152

(5) It causes the person to need a combination and sequence	153
of special, interdisciplinary, or other type of care, treatment,	154
or provision of services for an extended period of time that is	155
individually planned and coordinated for the person.	156

(E)(F) "Early childhood services" means a planned program of	157
habilitation designed to meet the needs of individuals with mental	158
retardation or other developmental disabilities who have not	159
attained compulsory school age.	160

(F)(G)(1) "Environmental modifications" means the physical	161
adaptations to an individual's home, specified in the individual's	162
service plan, that are necessary to ensure the individual's	163
health, safety, and welfare or that enable the individual to	164
function with greater independence in the home, and without which	165
the individual would require institutionalization.	166

(2) "Environmental modifications" includes such adaptations	167
as installation of ramps and grab-bars, widening of doorways,	168
modification of bathroom facilities, and installation of	169
specialized electric and plumbing systems necessary to accommodate	170
the individual's medical equipment and supplies.	171

(3) "Environmental modifications" does not include physical	172
adaptations or improvements to the home that are of general	173
utility or not of direct medical or remedial benefit to the	174
individual, including such adaptations or improvements as	175
carpeting, roof repair, and central air conditioning.	176

(G)(H) "Family support services" means the services provided	177
under a family support services program operated under section	178
5126.11 of the Revised Code.	179

(H)(I) "Habilitation" means the process by which the staff of	180
the facility or agency assists an individual with mental	181
retardation or other developmental disability in acquiring and	182
maintaining those life skills that enable the individual to cope	183
more effectively with the demands of the individual's own person	184
and environment, and in raising the level of the individual's	185
personal, physical, mental, social, and vocational efficiency.	186
Habilitation includes, but is not limited to, programs of formal,	187
structured education and training.	188

(I)(J) "Habilitation center services" means services provided	189
by a habilitation center certified by the department of mental	190
retardation and developmental disabilities under section 5123.041	191
of the Revised Code and covered by the medicaid program pursuant	192
to rules adopted under section 5111.041 of the Revised Code.	193

(J)(K) "Home and community-based services" means	194
medicaid-funded home and community-based services specified in	195
division (B)(1) of section 5111.87 of the Revised Code and	196
provided under the medicaid components the department of mental	197
retardation and developmental disabilities administers pursuant to	198
section 5111.871 of the Revised Code.	199

(K)(L) "Immediate family" means parents, brothers, sisters,	200
spouses, sons, daughters, mothers-in-law, fathers-in-law,	201
brothers-in-law, sisters-in-law, sons-in-law, and	202
daughters-in-law.	203

(M) "Medicaid" has the same meaning as in section 5111.01 of	204
the Revised Code.	205

(L)(N) "Medicaid case management services" means case	206
management services provided to an individual with mental	207
retardation or other developmental disability that the state	208
medicaid plan requires.	209

(M)(O) "Mental retardation" means a mental impairment	210
manifested during the developmental period characterized by	211
significantly subaverage general intellectual functioning existing	212
concurrently with deficiencies in the effectiveness or degree with	213
which an individual meets the standards of personal independence	214
and social responsibility expected of the individual's age and	215
cultural group.	216

(N)(P) "Residential services" means services to individuals	217
with mental retardation or other developmental disabilities to	218
provide housing, food, clothing, habilitation, staff support, and	219
related support services necessary for the health, safety, and	220
welfare of the individuals and the advancement of their quality of	221
life. "Residential services" includes program management, as	222
described in section 5126.14 of the Revised Code.	223

(O)(Q) "Resources" means available capital and other assets,	224
including moneys received from the federal, state, and local	225
governments, private grants, and donations; appropriately	226
qualified personnel; and appropriate capital facilities and	227
equipment.	228

(P)(R) "Senior probate judge" means the current probate judge	229
of a county who has served as probate judge of that county longer	230
than any of the other current probate judges of that county. If a	231
county has only one probate judge, "senior probate judge" means	232
that probate judge.	233

(S) "Service and support administration" means the duties	234
performed by a service and support administrator pursuant to	235
section 5126.15 of the Revised Code.	236

(Q)(T)(1) "Specialized medical, adaptive, and assistive	237
equipment, supplies, and supports" means equipment, supplies, and	238
supports that enable an individual to increase the ability to	239
perform activities of daily living or to perceive, control, or	240
communicate within the environment.	241

(2) "Specialized medical, adaptive, and assistive equipment,	242
supplies, and supports" includes the following:	243

(a) Eating utensils, adaptive feeding dishes, plate guards,	244
mylatex straps, hand splints, reaches, feeder seats, adjustable	245
pointer sticks, interpreter services, telecommunication devices	246
for the deaf, computerized communications boards, other	247
communication devices, support animals, veterinary care for	248
support animals, adaptive beds, supine boards, prone boards,	249
wedges, sand bags, sidelayers, bolsters, adaptive electrical	250
switches, hand-held shower heads, air conditioners, humidifiers,	251
emergency response systems, folding shopping carts, vehicle lifts,	252
vehicle hand controls, other adaptations of vehicles for	253
accessibility, and repair of the equipment received.	254

(b) Nondisposable items not covered by medicaid that are	255
intended to assist an individual in activities of daily living or	256
instrumental activities of daily living.	257

(R)(U) "Supportive home services" means a range of services	258
to families of individuals with mental retardation or other	259
developmental disabilities to develop and maintain increased	260
acceptance and understanding of such persons, increased ability of	261
family members to teach the person, better coordination between	262
school and home, skills in performing specific therapeutic and	263
management techniques, and ability to cope with specific	264
situations.	265

(S)(V)(1) "Supported living" means services provided for as	266
long as twenty-four hours a day to an individual with mental	267
retardation or other developmental disability through any public	268
or private resources, including moneys from the individual, that	269
enhance the individual's reputation in community life and advance	270
the individual's quality of life by doing the following:	271

(a) Providing the support necessary to enable an individual	272
to live in a residence of the individual's choice, with any number	273
of individuals who are not disabled, or with not more than three	274
individuals with mental retardation and developmental disabilities	275
unless the individuals are related by blood or marriage;	276

(b) Encouraging the individual's participation in the	277
community;	278

(c) Promoting the individual's rights and autonomy;

279

(d) Assisting the individual in acquiring, retaining, and	280
improving the skills and competence necessary to live successfully	281
in the individual's residence.	282

(2) "Supported living" includes the provision of all of the	283
following:	284

(a) Housing, food, clothing, habilitation, staff support,	285
professional services, and any related support services necessary	286
to ensure the health, safety, and welfare of the individual	287
receiving the services;	288

(b) A combination of life-long or extended-duration	289
supervision, training, and other services essential to daily	290
living, including assessment and evaluation and assistance with	291
the cost of training materials, transportation, fees, and	292
supplies;	293

(c) Personal care services and homemaker services;

294

(d) Household maintenance that does not include modifications	295
to the physical structure of the residence;	296

(e) Respite care services;

297

(f) Program management, as described in section 5126.14 of	298
the Revised Code.	299

Sec. 5126.02.  (A) Each county shall either have its own	300
county board of mental retardation and developmental disabilities	301
or, pursuant to section 5126.021 or 5126.022 of the Revised Code,	302
be a member of a multi-county board of mental retardation and	303
developmental disabilities. Subject to division (B) of this	304
section:	305

(1) A county board shall be operated as a separate	306
administrative and service entity.	307

(2) The functions of a county board shall not be combined	308
with the functions of any other entity of county government.	309

(B) Division (A) of this section does not prohibit or	310
restrict any county board from sharing administrative functions or	311
personnel with one or more other county boards, including entering	312
into an arrangement authorized by division (B) of section	313
5126.0225 of the Revised Code.	314

Sec. 5126.021.  Subject to section 5126.024 of the Revised	315
Code, a multi-county board of mental retardation and developmental	316
disabilities may be created if each of the following, before	317
January 1, 2007, and within a one-hundred-eighty-day period, adopt	318
an identical resolution or issue an identical order providing for	319
the creation of the multi-county board:	320

(A) A majority of the members of each of the boards of county	321
commissioners seeking to create the multi-county board;	322

(B) The senior probate judge of each county served by those	323
boards of county commissioners.	324

Sec. 5126.022.  Subject to section 5126.024 of the Revised	325
Code, a county that is not part of the creation of a multi-county	326
board of mental retardation and developmental disabilities under	327
section 5126.021 of the Revised Code may join the multi-county	328
board if each of the following, within a sixty-day period, adopt	329
an identical resolution or issue an identical order providing for	330
the county to join the multi-county board:	331

(A) A majority of the members of the board of county	332
commissioners of the county seeking to join the multi-county	333
board;	334

(B) A majority of the members of each of the boards of county	335
commissioners that are members of the multi-county board;	336

(C) The senior probate judge of the county seeking to join	337
the multi-county board;	338

(D) The senior probate judge of each of the counties that are	339
members of the multi-county board.	340

Sec. 5126.023.  (A) The board of county commissioners of a	341
county that is a member of a multi-county board of mental	342
retardation and developmental disabilities and the senior probate	343
judge of that county may terminate the county's membership in the	344
multi-county board in the manner provided in this section. To	345
terminate the county's membership in the multi-county board, the	346
board of county commissioners shall adopt a resolution, and the	347
senior probate judge shall issue an order, providing for the	348
termination.	349

(B) A resolution and order of termination adopted or issued	350
under this section shall specify the last day that the county will	351
be a member of the multi-county board. The resolution and order	352
also shall provide for the county to do one of the following on	353
the day immediately following the last day that the county will be	354
a member of the multi-county board:	355

(1) Create a single county board of mental retardation and	356
developmental disabilities;	357

(2) If the day immediately following the last day that the	358
county will be a member of the current multi-county board is	359
before January 1, 2007, co-create a new multi-county board	360
pursuant to section 5126.021 of the Revised Code;	361

(3) Join a different multi-county board pursuant to section	362
5126.022 of the Revised Code.	363

(C) A resolution and an order of termination adopted or	364
issued under this section shall include a plan for the equitable	365
adjustment and division of all services, assets, property, debts,	366
and obligations, if any, of the multi-county board that the county	367
will cease to be a member of.	368

(D) Any county terminating its membership in a multi-county	369
board shall continue to have levied against its tax list and	370
duplicate any tax levied by the board of county commissioners for	371
mental retardation and developmental disability services during	372
the period in which the county was a member of the multi-county	373
board until the levy expires or is renewed or replaced.	374

Sec. 5126.024.  Not more than five counties may be members of	375
the same multi-county board of mental retardation and	376
developmental disabilities. Only contiguous counties may be	377
members of the same multi-county board.	378

Sec. 5126.025.  A board of county commissioners shall provide	379
the director of mental retardation and developmental disabilities	380
with a copy of each resolution the board adopts under section	381
5126.021, 5126.022, or 5126.023 of the Revised Code. A senior	382
probate judge shall provide the director with a copy of each order	383
the judge issues under those sections.	384

Sec. 5126.026.  (A) A reference to a county board of mental	385
retardation and developmental disabilities in a law enacted by the	386
general assembly shall mean the following:	387

(1) In the case of a county with its own county board, a	388
single county board;	389

(2) In the case of a county that is a member of a	390
multi-county board, a multi-county board.	391

(B) Unless the context provides otherwise, a law enacted by	392
the general assembly that refers to a county, or an entity or	393
official of a county, that a county board of mental retardation	394
and developmental disabilities serves shall be deemed to refer to	395
the following:	396

(1) In the case of a county with a single county board, that	397
county or the county entity or official specified in the law;	398

(2) In the case of a county that is a member of a	399
multi-county board, each of the counties that are members of the	400
multi-county board or the specified entity or official of each of	401
those counties.	402

Sec. 5126.027.  Each county board of mental retardation and	403
developmental disabilities shall consist of seven members. In the	404
case of a single county board, the board of county commissioners	405
of the county shall appoint five members and the senior probate	406
judge of the county shall appoint two members. In the case of a	407
multi-county board, the membership shall be appointed as follows:	408

(A) If there are five member counties, the board of county	409
commissioners of each of the member counties shall each appoint	410
one member and the senior probate judges of the member counties	411
with the largest and second largest population shall each appoint	412
one member.	413

(B) If there are four member counties, the board of county	414
commissioners of the member county with the largest population	415
shall appoint two members, the other three boards of county	416
commissioners shall each appoint one member, and the senior	417
probate judges of the member counties with the largest and second	418
largest population shall each appoint one member.	419

(C) If there are three member counties, the boards of county	420
commissioners of the member counties with the largest and second	421
largest populations shall each appoint two members, the other	422
board of county commissioners shall appoint one member, and the	423
senior probate judges of the member counties with the largest and	424
second largest population shall each appoint one member.	425

(D) If there are two member counties, the board of county	426
commissioners of the member county with the largest population	427
shall appoint three members, the board of county commissioners of	428
the other county shall appoint two members, and the senior probate	429
judge of each county shall each appoint one member.	430

Sec. 5126.028.  (A) As used in this section and section	431
5126.0211 of the Revised Code, "relative" means a spouse, parent,	432
parent-in-law, sibling, sibling-in-law, child, child-in-law,	433
grandparent, aunt, or uncle.	434

(B) When making appointments to a county board of mental	435
retardation and developmental disabilities, an appointing	436
authority shall do all of the following:	437

(1) Appoint only individuals who are residents of the county	438
the appointing authority serves, citizens of the United States,	439
and interested and knowledgeable in the field of mental	440
retardation and other allied fields;	441

(2) If the appointing authority is a board of county	442
commissioners, appoint, subject to division (C) of this section,	443
at least two individuals who are relatives of individuals eligible	444
for services provided by the county board and, whenever possible,	445
ensure that one of those two members is a relative of an	446
individual eligible for adult services and the other is a relative	447
of an individual eligible for early intervention services or	448
services for preschool or school-age children;	449

(3) If the appointing authority is a senior probate judge,	450
appoint, subject to division (C) of this section, at least one	451
individual who is a relative of an individual eligible for	452
residential services or supported living;	453

(4) Appoint, to the maximum extent possible, individuals who	454
have professional training and experience in business management,	455
finance, law, health care practice, personnel administration, or	456
government service;	457

(5) Provide for the county board's membership to reflect, as	458
nearly as possible, the composition of the county or counties that	459
the county board serves.	460

(C) The appointing authorities of a multi-county board shall	461
coordinate their appointments to the extent necessary to satisfy	462
the requirements of this section. The coordination may provide for	463
one of the boards of county commissioners making one of the two	464
appointments required by division (B)(2) of this section and	465
another board of county commissioners making the other appointment	466
required by that division. The coordination shall ensure that at	467
least one of the senior probate judges satisfies the requirement	468
of division (B)(3) of this section.	469

Sec. 5126.021.        Sec. 5126.029. As used in this section, "immediate	470
family" means parents, brothers, sisters, spouses, sons,	471
daughters, mothers-in-law, fathers-in-law, brothers-in-law,	472
sisters-in-law, sons-in-law, and daughters-in-law.	473

(A) TheNone of the following individuals shall notmay serve	474
as membersa member of a county boardsboard of mental retardation	475
and developmental disabilities:	476

(1) ElectedAn elected public officialsofficial, except for	477
a township trusteestrustee, township clerksclerk, and thoseor	478
individual excluded from the definition of public official or	479
employee in division (B) of section 102.01 of the Revised Code;	480

(2) Members of theAn immediate family member of another	481
county board member;	482

(3) Board employees and members of theA county board	483
employee or immediate family member of a county board employees	484
employee;	485

(4) Former board employees withinAn individual who had been	486
employed by the county board not less than one calendar year of	487
the termination of employment with the board on which the former	488
employeebefore the individual would begin to serve.	489

(B) A person may not serve as a member of athe county board	490
of mental retardation and developmental disabilities when either	491
the person or a member of the person's;	492

(5) An individual who or whose immediate family member is a	493
board member of a contractan agency of thatcontracting with the	494
county board unless there is no conflict of interest. In no	495
circumstance shall a member of a county board vote on any matter	496
before the board concerning a contract agency of which the member	497
or a member of the member's immediate family is also a board	498
member or an employee. All questions relating to the existence of	499
a conflict of interest shall be submitted to the local prosecuting	500
attorney and the Ohio ethics commission for resolution.	501

(C) No;

502

(6) An employee of an agency contracting with athe county	503
board of mental retardation and developmental disabilities or	504
member of theor an immediate family member of such an employee	505
shall serve as a board member or an employee of the county board	506
except that a county board may, pursuant to a resolution adopted	507
by the board, employ a member of the immediate family of an	508
employee of an agency contracting with the board.	509

(D) No person shall serve as a member or employee of a county	510
board of mental retardation and developmental disabilities if a	511
member of the person's;	512

(7) An individual with an immediate family member who serves	513
as a county commissioner of thea county served by the county	514
board unless the personindividual was a member or employee prior	515
toof the county board before October 31, 1980.	516

(E) A county board of mental retardation and developmental	517
disabilities shall not contract with an agency whose board	518
includes a county commissioner of the county served by the county	519
board.	520

(F) Notwithstanding any provision of the Revised Code to the	521
contrary, including applicable provisions of sections 102.03,	522
102.04, 2921.42, and 2921.43 of the Revised Code, an employee of a	523
county board of mental retardation and developmental disabilities	524
also may be a member of the governing board of an agency or a	525
political subdivision, including the board of education of a	526
school district. The county board of mental retardation and	527
developmental disabilities may contract with the governing board	528
of an agency or political subdivision whose member is also an	529
employee of the county board, provided that in no circumstances	530
shall such employee of the county board vote on any matter before	531
the governing board of the agency or political subdivision	532
concerning a county board contract or participate in any	533
discussion or debate regarding that contract.	534

(B) All questions relating to the existence of a conflict of	535
interest for the purpose of division (A)(5) of this section shall	536
be submitted to the local prosecuting attorney and the Ohio ethics	537
commission for resolution.	538

Sec. 5126.0210.  (A) No individual may be appointed or	539
reappointed to a county board of mental retardation and	540
developmental disabilities unless the individual, before the	541
appointment or reappointment, provides to the appointing authority	542
a written declaration specifying both of the following:	543

(1) That no circumstance described in section 5126.029 of the	544
Revised Code exists that bars the individual from serving on the	545
county board;	546

(2) Whether the individual or an immediate family member of	547
the individual has an ownership interest in or is under contract	548
with an agency contracting with the county board, and, if such an	549
ownership interest or contract exists, the identity of the agency	550
and the nature of the relationship to that agency.	551

(B) On appointment or reappointment of an individual to the	552
county board, the appointing authority shall provide a copy of the	553
individual's declaration to the superintendent of the county	554
board. The declaration is a public record for the purpose of	555
section 149.43 of the Revised Code.	556

Sec. 5126.0211.  Except for members appointed under section	557
5126.0213 of the Revised Code to fill a vacancy, members of a	558
county board of mental retardation and developmental disabilities	559
shall be appointed or reappointed not later than the last day of	560
November, commence their terms on the date of the stated annual	561
organizational meeting in the following January as provided under	562
section 5126.0215 of the Revised Code, and serve terms of four	563
years. The membership of an individual appointed as a relative of	564
a recipient of services shall not be terminated because the	565
services are no longer received.	566

Sec. 5126.02.        Sec. 5126.0212. (A) As used in this section,	567
"relative" means a spouse, parent, parent-in-law, sibling,	568
sibling-in-law, child, child-in-law, grandparent, aunt, or uncle.	569

(B)(1) There is hereby created in each county a county board	570
of mental retardation and developmental disabilities consisting of	571
seven members, five of whom shall be appointed by the board of	572
county commissioners of the county, and two of whom shall be	573
appointed by the probate judge of the county. Each member shall be	574
a resident of the county. The membership of the board shall, as	575
nearly as possible, reflect the composition of the population of	576
the county.	577

All board members shall be persons interested and	578
knowledgeable in the field of mental retardation and other allied	579
fields. All board members shall be citizens of the United States.	580
Of the members appointed by the board of county commissioners, at	581
least two shall be relatives of persons eligible for services	582
provided by the county board of mental retardation and	583
developmental disabilities, and, whenever possible, one shall be a	584
relative of a person eligible for adult services, and the other	585
shall be a relative of a person eligible for early intervention	586
services or services for pre-school or school-age children. Of the	587
two members appointed by the probate judge, at least one shall be	588
a relative of a person eligible for residential services or	589
supported living.	590

Both the board of county commissioners and the probate judge	591
shall appoint under this section, to the maximum extent possible,	592
members who fulfill any applicable requirements of this section	593
for appointment and who also have professional training and	594
experience in business management, finance, law, health care	595
practice, personnel administration, or government service.	596

(2) All appointments shall be for terms of four years. The	597
membership of a person appointed as a relative of a recipient of	598
services shall not be terminated because the services are no	599
longer received.	600

Members may be reappointed, exceptExcept as otherwise	601
provided in division (B)(3) of this section and section 5126.022	602
5126.0224 of the Revised Code, a member of a county board of	603
mental retardation and developmental disabilities may be	604
reappointed to the county board. Prior to making a reappointment,	605
the appointing authority shall ascertain, through written	606
communication with the board, that the member being considered for	607
reappointment meets the requirements of this section and section	608
5126.022 sections 5126.028 and 5126.0224 of the Revised Code.	609

(3) A member who has served during each of three consecutive	610
terms shall not be reappointed for a subsequent term until two	611
years after ceasing to be a member of the board, except that a	612
member who has served for ten years or less within three	613
consecutive terms may be reappointed for a subsequent term before	614
becoming ineligible for reappointment for two years.	615

(4) Within sixty days after a vacancy occurs, it shall be	616
filled by the appointing authority for the unexpired term. Any	617
member appointed to fill a vacancy occurring prior to the	618
expiration of the term for which the member's predecessor was	619
appointed shall hold office for the remainder of that term.	620
Appointment other than appointment to fill a vacancy shall be made	621
no later than the last day of November of each year, and the term	622
of office shall commence on the date of the stated annual	623
organizational meeting in January.	624

(5) Board members shall serve without compensation, but shall	625
be reimbursed for necessary expenses incurred in the conduct of	626
board business, including those incurred within the county of	627
residence.	628

(C) Each year each board member shall attend at least one	629
in-service training session provided by or approved by the	630
department of mental retardation and developmental disabilities.	631
These training sessions shall not be considered regularly	632
scheduled meetings of the board.	633

(D) A county board of mental retardation and developmental	634
disabilities shall be operated as a separate administrative and	635
service entity. The board's functions shall not be combined with	636
the functions of any other entity of county government.	637

Sec. 5126.0213.  Within sixty days after a vacancy on a	638
county board of mental retardation and developmental disabilities	639
occurs, including a vacancy created under section 5126.0219 of the	640
Revised Code, the appointing authority shall fill the vacancy for	641
the unexpired term. A member appointed to fill a vacancy occurring	642
before the expiration of the term for which the member's	643
predecessor was appointed shall hold office for the remainder of	644
that term.	645

Sec. 5126.0214.  Members of a county board of mental	646
retardation and developmental disabilities shall serve without	647
compensation, but shall be reimbursed for necessary expenses	648
incurred in the conduct of county board business, including	649
expenses that are incurred in the member's county of residence.	650

Sec. 5126.022.        Sec. 5126.0215.  Each county board of mental	651
retardation and developmental disabilities shall hold an	652
organizational meeting no later than the thirty-first day of	653
January of each year and shall elect its officers, which shall	654
include a president, vice-president, and recording secretary.	655
After its annual organizational meeting, the board shall meet in	656
such manner and at such times as prescribed by rules adopted by	657
the board, but the board shall meet at least ten times annually in	658
regularly scheduled sessions in accordance with section 121.22 of	659
the Revised Code, not including in-service training sessions. A	660
majority of the board constitutes a quorum. The board shall adopt	661
rules for the conduct of its business and a record shall be kept	662
of board proceedings, which shall be open for public inspection.	663

A board member shall be removed from the board by the	664
appointing authority for neglect of duty, misconduct, malfeasance,	665
failure to attend at least one in-service training session each	666
year, a violation of section 5126.021 of the Revised Code, or upon	667
the absence of a member within one year from either four regularly	668
scheduled board meetings or from two regularly scheduled board	669
meetings if the member gave no prior notice of the member's	670
absence. This removal provision does not apply to absences from	671
special meetings or work sessions. The board shall supply the	672
board member and the member's appointing authority with written	673
notice of the charges against the member. The appointing authority	674
shall afford the member an opportunity for a hearing, in	675
accordance with procedures it adopts, and shall, upon determining	676
that the charges are accurate, remove the member and appoint	677
another person to complete the member's term.	678

A member removed from the board is ineligible for	679
reappointment for not less than one year. When a member is	680
removed, the appointing authority shall specify the time during	681
which the member is ineligible for reappointment. If the member is	682
removed for failing to attend in-service training, the board also	683
shall specify the training the member must complete prior to being	684
eligible for reappointment.	685

Sec. 5126.0216.  Each year, each member of a county board of	686
mental retardation and developmental disabilities shall attend at	687
least one in-service training session provided or approved by the	688
department of mental retardation and developmental disabilities.	689
These training sessions shall not be considered regularly	690
scheduled meetings of the county board.	691

Sec. 5126.0217.  A member of a county board of mental	692
retardation and developmental disabilities shall be considered	693
present at an in-service training session even though the member	694
is not physically present in the room in which the session is held	695
if the member is connected to the session through a system that	696
enables the member to communicate with the individuals	697
participating in the session and such individuals to communicate	698
with the member.	699

Sec. 5126.0218.  In no circumstance shall a member of a	700
county board of mental retardation and developmental disabilities	701
participate in or vote on any matter before the county board	702
concerning a contract agency of which the member or an immediate	703
family member of the member is also a board member or an employee.	704

Sec. 5126.0219.  (A) Subject to sections 5126.0220 and	705
5126.0223 of the Revised Code, an appointing authority shall	706
remove a member of a county board of mental retardation and	707
developmental disabilities for any of the following reasons:	708

(1) Neglect of duty;

709

(2) Misconduct;

710

(3) Malfeasance;

711

(4) Ineligibility to serve on the county board pursuant to	712
section 5126.029 of the Revised Code;	713

(5) Failure to attend at least one in-service training	714
session each year;	715

(6) Failure to attend within one year four regularly	716
scheduled board meetings;	717

(7) Failure to attend within one year two regularly scheduled	718
board meetings if the member gave no prior notice of the member's	719
absence;	720

(8) Consistently poor performance on the county board, as	721
demonstrated by documentation that the president of the county	722
board provides to the appointing authority and the appointing	723
authority determines is convincing evidence.	724

(B) The removal provisions of divisions (A)(6) and (7) of	725
this section do not apply to absences from special meetings or	726
work sessions.	727

Sec. 5126.0220.  An appointing authority shall not remove a	728
member of a county board of mental retardation and developmental	729
disabilities from the county board by reason of division (A)(5),	730
(6), or (7) of section 5126.0219 of the Revised Code if the	731
director of mental retardation and developmental disabilities	732
waives the requirement that the member be removed. The director	733
may issue the waiver only if the appointing authority requests	734
that the director issue the waiver and provides the director	735
evidence that is satisfactory to the director that the member's	736
absences from the in-service training sessions or regularly	737
scheduled board meetings are due to a serious health problem of	738
the member or a member of the member's immediate family. The	739
director's decision on whether to issue the waiver is final and	740
not subject to appeal.	741

The county board on which the member serves may pass a	742
resolution urging the appointing authority to request that the	743
director issue the waiver. The member whose absences from the	744
sessions or meetings are at issue may not vote on the resolution.	745
The appointing authority may request the waiver regardless of	746
whether the county board adopts the resolution.	747

Sec. 5126.0221.  If there are grounds for the mandatory	748
removal of a member of a county board of mental retardation and	749
developmental disabilities under section 5126.0219 of the Revised	750
Code, the county board shall supply the board member and the	751
member's appointing authority with written notice of the grounds.	752

Sec. 5126.0222.  An appointing authority shall afford a	753
member of a county board of mental retardation and developmental	754
disabilities an opportunity for a hearing on the member's proposed	755
removal in accordance with procedures the appointing authority	756
shall establish, unless the appointing authority requested that	757
the director of mental retardation and developmental disabilities	758
waive the mandatory removal under section 5126.0220 of the Revised	759
Code and the director refused to issue the waiver. The appointing	760
authority shall hold the hearing if the member requests the	761
hearing not later than thirty days after the date that the county	762
board sends the member the notice required by section 5126.0221 of	763
the Revised Code.	764

Sec. 5126.0223.  If a member of a county board of mental	765
retardation and developmental disabilities requests a hearing	766
within the time required by section 5126.0222 of the Revised Code,	767
the appointing authority may not remove the member from the board	768
before the conclusion of the hearing.	769

Sec. 5126.0224.  A member of a county board of mental	770
retardation and developmental disabilities who is removed from the	771
county board is ineligible for reappointment to the board for not	772
less than one year. The appointing authority shall specify the	773
time during which the member is ineligible for reappointment. If	774
the member is removed under division (A)(5) of section 5126.0219	775
of the Revised Code, the county board shall specify the training	776
the member must complete before being eligible for reappointment.	777

Sec. 5126.023.        Sec. 5126.0225.  (A) Each county board of mental	778
retardation and developmental disabilities shall either employ a	779
superintendent or obtain the services of the superintendent of	780
another county board of mental retardation and developmental	781
disabilities. The board shall provide for a superintendent who is	782
qualified, as specified in rules adopted by the department of	783
mental retardation and developmental disabilities in accordance	784
with Chapter 119. of the Revised Code. The superintendent shall	785
have no voting privileges on the board.	786

The board shall prescribe the duties of its superintendent	787
and review the superintendent's performance. The superintendent	788
may be removed, suspended, or demoted for cause pursuant to	789
section 5126.23 of the Revised Code. The board shall fix the	790
superintendent's compensation and reimburse the superintendent for	791
actual and necessary expenses.	792

Each county board that employs its own superintendent shall	793
employ the superintendent under a contract. To enter into a	794
contract, the board shall adopt a resolution agreeing to the	795
contract. Each contract for employment or re-employment of a	796
superintendent shall be for a term of not less than one and not	797
more than five years. At the expiration of a superintendent's	798
current term of employment, the superintendent shallmay be	799
re-employed for a term of one year at the same salary, plus any	800
increments that may be authorized by the board, unless. If the	801
board givesintends not to re-employ the superintendent, the board	802
shall give the superintendent written notification of its	803
intention not to re-employ the superintendent. With regard to an	804
initial contract, if the contract is for one year, the notice	805
shall be provided not less than sixty days prior to the contract's	806
expiration; if the contract is for more than one year, the notice	807
shall be provided not less than ninety days prior to the	808
contract's expiration. With regard to contracts for re-employment,	809
theThe notice shall be given not less than ninety days prior to	810
the contract's expiration, regardless of its durationthe	811
superintendent's contract.	812

(B) Two or more county boards may enter into an arrangement	813
under which the superintendent of one county board acts as the	814
superintendent of another county board. To enter into such an	815
arrangement, each board shall adopt a resolution agreeing to the	816
arrangement. The resolutions shall specify the duration of the	817
arrangement and the contribution each board is to make to the	818
superintendent's compensation and reimbursement for expenses.	819

(C) If a vacancy occurs in the position of superintendent, a	820
county board may appoint a person who holds a valid	821
superintendent's certificate issued under the rules of the	822
department to work under a contract for an interim period not to	823
exceed one hundred eighty days until a permanent superintendent	824
can be employed or arranged for under division (A) or (B) of this	825
section. The director of the department may approve additional	826
periods of time for these types of interim appointments when so	827
requested by a resolution adopted by a county board, if the	828
director determines that the additional periods are warranted and	829
the services of a permanent superintendent are not available.	830

Sec. 5126.024.        Sec. 5126.0226.  The superintendent of the county	831
board of mental retardation and developmental disabilities shall:	832

(A) Administer the work of the board, subject to the board's	833
rules;	834

(B) Recommend to the board the changes necessary to increase	835
the effectiveness of the programs and services offered pursuant to	836
Chapters 3323. and 5126. of the Revised Code;	837

(C) Employ persons for all positions authorized by the board,	838
approve contracts of employment for management employees that are	839
for a term of one year or less, and approve personnel actions that	840
involve employees in the classified civil service as may be	841
necessary for the work of the board;	842

(D) Approve compensation for employees within the limits set	843
by the salary schedule and budget set by the board and in	844
accordance with section 5126.26 of the Revised Code, and ensure	845
that all employees and consultants are properly reimbursed for	846
actual and necessary expenses incurred in the performance of	847
official duties;	848

(E) Provide consultation to public agencies as defined in	849
division (C) of section 102.01 of the Revised Code, including	850
other county boards of mental retardation and developmental	851
disabilities, and to individuals, agencies, or organizations	852
providing services supported by the board.	853

The superintendent may authorize the payment of board	854
obligations by the county auditor.	855

Sec. 5126.0227. (A) As used in this section, "specialized	856
services" has the same meaning as in section 5126.281 of the	857
Revised Code.	858

(B) Except as provided in division (C) of section 5126.033 of	859
the Revised Code, none of the following individuals may be	860
employed by a county board of mental retardation and developmental	861
disabilities:	862

(1) An employee of an agency contracting with the county	863
board;	864

(2) An immediate family member of an employee of an agency	865
contracting with the county board unless the county board adopts a	866
resolution authorizing the immediate family member's employment	867
with the county board;	868

(3) An individual with an immediate family member who serves	869
as a county commissioner of any of the counties served by the	870
county board unless the individual was an employee of the county	871
board before October 31, 1980;	872

(4) An individual who is employed by, has an ownership	873
interest in, performs or provides administrative duties for, or is	874
a member of the governing board of an entity that provides	875
specialized services, regardless of whether the entity contracts	876
with the county board to provide specialized services.	877

Sec. 5126.0228.  As used in this section, "specialized	878
services" has the same meaning as in section 5126.281 of the	879
Revised Code.	880

Notwithstanding any provision of the Revised Code to the	881
contrary, including applicable provisions of sections 102.03,	882
102.04, 2921.42, and 2921.43 of the Revised Code, an employee of a	883
county board of mental retardation and developmental disabilities	884
also may be a member of the governing board of a political	885
subdivision, including the board of education of a school	886
district, or an agency that does not provide specialized services.	887
The county board may contract with such a governing board even	888
though the governing board includes an individual who is an	889
employee of the county board. That member of the governing board	890
may not vote on any matter before the governing board concerning a	891
contract with the county board or participate in any discussion or	892
debate regarding such a contract.	893

Sec. 5126.03.  As used in this section and in sections	894
5126.031 to 5126.034 of the Revised Code:	895

(A) "Direct services contract" means any legally enforceable	896
agreement with an individual, agency, or other entity that,	897
pursuant to its terms or operation, may result in a payment from a	898
county board of mental retardation and developmental disabilities	899
to an eligible person or to a member of the immediate family of an	900
eligible person for services rendered to the eligible person.	901
"Direct services contract" includes a contract for supported	902
living pursuant to sections 5126.40 to 5126.47 of the Revised	903
Code, family support services under section 5126.11 of the Revised	904
Code, and reimbursement for transportation expenses.	905

(B) "Eligible person" means a person eligible to receive	906
services from a county board or from an entity under contract with	907
a county board.	908

(C) "Former board member" means a person whose service on the	909
county board ended less than one year prior to commencement of	910
services under a direct services contract.	911

(D) "Former employee" means a person whose employment by the	912
county board ended less than one year prior to commencement of	913
services under a direct services contract.	914

(E) "Immediate family" has the same meaning as in section	915
5126.021 of the Revised Code.	916

Sec. 5126.031.  (A) Except as provided in division (B) of	917
this section, annually at the organizationorganizational meeting	918
required by section 5126.0225126.0215 of the Revised Code, the	919
chairperson of the county board of mental retardation and	920
developmental disabilities shall appoint three members of the	921
board to an ethics council to review all direct services	922
contracts. The board's chairperson may be one of those appointed.	923
The superintendent of the board shall be a nonvoting member of the	924
council. The chairperson shall not appoint a person to the council	925
if the person, or any member of the person's immediate family,	926
will have any interest in any direct services contract under	927
review by the council while the person serves on the council or	928
during the twelve-month period after completing service on the	929
council. If a council member or a member of the council member's	930
immediate family has or will have such an interest, the	931
chairperson shall replace the member by appointing another board	932
member to the council.	933

The council shall meet regularly as directed by the board to	934
perform its duties. Minutes shall be kept of the actions of the	935
council. The minutes shall be part of the public record of the	936
county board.	937

Any action taken by the council on direct services contracts	938
under its review shall be in public. The council shall afford an	939
affected party the opportunity to meet with the council on matters	940
related to a direct services contract or any action taken by the	941
council.	942

(B) If a county board establishes a policy specifying that	943
the board is not willing to enter into direct services contracts	944
with any person who is a board member or former board member or a	945
member of the immediate family of a board member or former board	946
member, the board may assume the responsibilities and perform the	947
duties of an ethics council specified in section 5126.032 of the	948
Revised Code. The policy shall be established by resolution	949
adopted by a majority of the members of the board in attendance at	950
a meeting at which there is a quorum and shall be in effect for	951
one year after its adoption, at which time the board shall, by	952
resolution adopted in the same manner as the initial resolution,	953
either renew the policy or establish a new one.	954

Sec. 5126.033.  (A) A county board of mental retardation and	955
developmental disabilities shall not enter into a direct services	956
contract unless the contract is limited either to the actual	957
amount of the expenses or to a reasonable and allowable amount	958
projected by the board.	959

(B) A county board shall not enter into a direct services	960
contract that would result in payment to a board member, former	961
board member, employee, former employee, or member of the	962
immediate family of a board member, former board member, employee,	963
or former employee if the person who would receive services under	964
the contract stands to receive any preferential treatment or any	965
unfair advantage over other eligible persons.	966

(C) A county board shall not enter into a direct services	967
contract for services provided in accordance with section 5126.11	968
or sections 5126.40 to 5126.46 of the Revised Code under which an	969
individual, agency, or other entity will employ a management	970
employee, professional employee, or service employee, as defined	971
in section 5126.20 of the Revised Code,an individual who is also	972
an employee of that county board unless all of the following	973
conditions are met:	974

(1) The employee is not in a capacity to influence the award	975
of the contract.	976

(2) The employee has not attempted in any manner to secure	977
the contract on behalf of the individual, agency, or other entity.	978

(3) The employee is not in management level two or three	979
according to rules adopted by the director of mental retardation	980
and developmental disabilities.	981

(4) The employee is not employed by the board during the	982
period when the contract is developed as an administrator or	983
supervisor responsible for approving or supervising services to be	984
provided under the contract and agrees not to take such a position	985
while the contract is in effect, regardless of whether the	986
position is related to the services provided under the contract.	987

(5) The employee has not taken any actions that create the	988
need for the services to be provided under the contract.	989

(6) The individual, agency, or other entity seeks the	990
services of the employee because of the employee's expertise and	991
familiarity with the care and condition of one or more eligible	992
persons and other individuals with such expertise and familiarity	993
are unavailable, or an eligible person has requested to have the	994
services provided by that employee.	995

The superintendent of the county board shall notify the	996
employee and the individual, agency, or other entity that seeks	997
the employee's services of the ethics council's determination	998
under section 5126.032 of the Revised Code regarding the contract.	999
The council's determination shall be binding on all parties.	1000

The employee who is the subject of the contract shall inform	1001
the superintendent of the county board of any employment the	1002
employee has outside the county board that is with any individual,	1003
agency, or other entity that has a contract with the county board.	1004

Sec. 5126.034.  (A) If the requirements of section 5126.033	1005
of the Revised Code have been met for a particular direct services	1006
contract, a former member of a county board of mental retardation	1007
and developmental disabilities, former board member,a board	1008
employee, or former employee, or an immediate family member of a	1009
county board member, former board member, employee, or former	1010
employee, is not in violation of the restrictions in Chapter 102.	1011
and sections 2921.42 and 5126.0215126.029 of the Revised Code	1012
with regard to that contract.	1013

(B) Nothing in section 5126.033 of the Revised Code shall be	1014
construed to allow a member or employee of a county board to	1015
authorize, or use the authority of the member's or employee's	1016
office or employment to secure authorization of, a contract that	1017
could result in receipt by the board member or employee or a	1018
member of the immediate family of the board member or employee of	1019
payment for expenses incurred on behalf of an immediate family	1020
member who is an eligible person.	1021

Sec. 5126.037.  No county board of mental retardation and	1022
developmental disabilities shall contract with an agency whose	1023
board includes a county commissioner of any of the counties served	1024
by the county board.	1025

Sec. 5126.038.  (A)(1) As used in this section, "professional	1026
services" means all of the following services provided on behalf	1027
of a county board of mental retardation and developmental	1028
disabilities, members or employees of a county board, or both:	1029

(a) Lobbying and other governmental affairs services;

1030

(b) Legal services other than the legal services provided by	1031
a county prosecutor;	1032

(c) Public relation services;

1033

(d) Consulting services;

1034

(e) Personnel training services.

1035

(2) "Professional services" does not mean services provided	1036
pursuant to a service contract as defined in section 5126.035 of	1037
the Revised Code.	1038

(B) Each county board of mental retardation and developmental	1039
disabilities shall submit to the board of county commissioners of	1040
each county that is served by the county board, in accordance with	1041
the normal budget process and as part of its budget request, an	1042
itemized list of all expenditures the county board expects to make	1043
in each year covered by the budget for any of the following:	1044

(1) Any membership dues of the members or employees of the	1045
county board, in any organization, association, or other entity;	1046

(2) Any professional services of the county board, its	1047
members or employees, or both;	1048

(3) Any training of the members or employees of the county	1049
board.	1050

Sec. 5126.056. (A) The department of mental retardation and	1051
developmental disabilities shall take action under division (B) of	1052
this section against a county board of mental retardation and	1053
developmental disabilities if any of the following are the case:	1054

(1) The county board fails to submit to the department all	1055
the components of its three-year plan required by section 5126.054	1056
of the Revised Code within the time required by division (B) of	1057
that section.	1058

(2) The department disapproves the county board's three-year	1059
plan under section 5123.046 of the Revised Code.	1060

(3) The county board fails, as required by division (C) of	1061
section 5126.054 of the Revised Code, to update and renew its	1062
three-year plan in accordance with a schedule the department	1063
develops under that section.	1064

(4) The county board fails to implement its initial or	1065
renewed three-year plan approved by the department.	1066

(5) The county board fails to correct a deficiency within the	1067
time required by division (G) of section 5126.055 of the Revised	1068
Code to the satisfaction of the department.	1069

(6) The county board fails to submit an acceptable plan of	1070
correction to the department within the time required by division	1071
(G)(2) of section 5126.055 of the Revised Code.	1072

(B) If required by division (A) of this section to take	1073
action against a county board, the department shall issue an order	1074
terminating the county board's medicaid local administrative	1075
authority over all or part of home and community-based services,	1076
medicaid case management services, habilitation center services,	1077
all or part of two of those services, or all or part of all three	1078
of those services. The department shall provide a copy of the	1079
order to the board of county commissioners, senior probate judge,	1080
county auditor, and president and superintendent of the county	1081
board. The department shall specify in the order the medicaid	1082
local administrative authority that the department is terminating,	1083
the reason for the termination, and the county board's option and	1084
responsibilities under this division.	1085

A county board whose medicaid local administrative authority	1086
is terminated may, not later than thirty days after the department	1087
issues the termination order, recommend to the department that	1088
another county board that has not had any of its medicaid local	1089
administrative authority terminated or another entity the	1090
department approves administer the services for which the county	1091
board's medicaid local administrative authority is terminated. The	1092
department may contract with the other county board or entity to	1093
administer the services. If the department enters into such a	1094
contract, the county board shall adopt a resolution giving the	1095
other county board or entity full medicaid local administrative	1096
authority over the services that the other county board or entity	1097
is to administer. The other county board or entity shall be known	1098
as the contracting authority.	1099

If the department rejects the county board's recommendation	1100
regarding a contracting authority, the county board may appeal the	1101
rejection under section 5123.043 of the Revised Code.	1102

If the county board does not submit a recommendation to the	1103
department regarding a contracting authority within the required	1104
time or the department rejects the county board's recommendation	1105
and the rejection is upheld pursuant to an appeal, if any, under	1106
section 5123.043 of the Revised Code, the department shall appoint	1107
an administrative receiver to administer the services for which	1108
the county board's medicaid local administrative authority is	1109
terminated. To the extent necessary for the department to appoint	1110
an administrative receiver, the department may utilize employees	1111
of the department, management personnel from another county board,	1112
or other individuals who are not employed by or affiliated with in	1113
any manner a person that provides home and community-based	1114
services, medicaid case management services, or habilitation	1115
center services pursuant to a contract with any county board. The	1116
administrative receiver shall assume full administrative	1117
responsibility for the county board's services for which the	1118
county board's medicaid local administrative authority is	1119
terminated.	1120

The contracting authority or administrative receiver shall	1121
develop and submit to the department a plan of correction to	1122
remediate the problems that caused the department to issue the	1123
termination order. If, after reviewing the plan, the department	1124
approves it, the contracting authority or administrative receiver	1125
shall implement the plan.	1126

The county board shall transfer control of state and federal	1127
funds it is otherwise eligible to receive for the services for	1128
which the county board's medicaid local administrative authority	1129
is terminated and funds the county board may use under division	1130
(B) of section 5126.057 of the Revised Code to pay the nonfederal	1131
share of the services that the county board is required by	1132
division (A) of that section to pay. The county board shall	1133
transfer control of the funds to the contracting authority or	1134
administrative receiver administering the services. The amount the	1135
county board shall transfer shall be the amount necessary for the	1136
contracting authority or administrative receiver to fulfill its	1137
duties in administering the services, including its duties to pay	1138
its personnel for time worked, travel, and related matters. If the	1139
county board fails to make the transfer, the department may	1140
withhold the state and federal funds from the county board and	1141
bring a mandamus action against the county board in the court of	1142
common pleas of the county served by the county board or in the	1143
Franklin county court of common pleas. The mandamus action may not	1144
require that the county board transfer any funds other than the	1145
funds the county board is required by division (B) of this section	1146
to transfer.	1147

The contracting authority or administrative receiver has the	1148
right to authorize the payment of bills in the same manner that	1149
the county board may authorize payment of bills under this chapter	1150
and section 319.16 of the Revised Code.	1151

Sec. 5126.058. (A) Each county board of mental retardation	1152
and developmental disabilities shall prepare a memorandum of	1153
understanding that is developed by all of the following and that	1154
is signed by the persons identified in divisions (A)(3)(2) to	1155
(8)(7) of this section:	1156

(1) If there is only one probate judge in the county, theThe	1157
senior probate judge of the county or the senior probate judge's	1158
representative;	1159

(2) If there is more than one probate judge in the county, a	1160
probate judge or the probate judge's representative selected by	1161
the probate judges or, if they are unable to do so for any reason,	1162
the probate judge who is senior in point of service or the senior	1163
probate judge's representative;	1164

(3) The county peace officer;

1165

(4)(3) All chief municipal peace officers within the county;

1166

(5)(4) Other law enforcement officers handling abuse,	1167
neglect, and exploitation of mentally retarded and developmentally	1168
disabled persons in the county;	1169

(6)(5) The prosecuting attorney of the county;

1170

(7)(6) The public children services agency;

1171

(8)(7) The coroner of the county.

1172

(B) A memorandum of understanding shall set forth the normal	1173
operating procedure to be employed by all concerned officials in	1174
the execution of their respective responsibilities under this	1175
section and sections 313.12, 2151.421, 2903.16, 5126.31, and	1176
5126.33 of the Revised Code and shall have as its primary goal the	1177
elimination of all unnecessary interviews of persons who are the	1178
subject of reports made pursuant to this section. A failure to	1179
follow the procedure set forth in the memorandum by the concerned	1180
officials is not grounds for, and shall not result in, the	1181
dismissal of any charge or complaint arising from any reported	1182
case of abuse, neglect, or exploitation or the suppression of any	1183
evidence obtained as a result of any reported abuse, neglect, or	1184
exploitation and does not give any rights or grounds for appeal or	1185
post-conviction relief to any person.	1186

(C) A memorandum of understanding shall include, but is not	1187
limited to, all of the following:	1188

(1) The roles and responsibilities for handling emergency and	1189
nonemergency cases of abuse, neglect, or exploitation;	1190

(2) The roles and responsibilities for handling and	1191
coordinating investigations of reported cases of abuse, neglect,	1192
or exploitation and methods to be used in interviewing the person	1193
who is the subject of the report and who allegedly was abused,	1194
neglected, or exploited;	1195

(3) The roles and responsibilities for addressing the	1196
categories of persons who may interview the person who is the	1197
subject of the report and who allegedly was abused, neglected, or	1198
exploited;	1199

(4) The roles and responsibilities for providing victim	1200
services to mentally retarded and developmentally disabled persons	1201
pursuant to Chapter 2930. of the Revised Code;	1202

(5) The roles and responsibilities for the filing of criminal	1203
charges against persons alleged to have abused, neglected, or	1204
exploited mentally retarded or developmentally disabled persons.	1205

(D) A memorandum of understanding may be signed by victim	1206
advocates, municipal court judges, municipal prosecutors, and any	1207
other person whose participation furthers the goals of a	1208
memorandum of understanding, as set forth in this section.	1209

Sec. 5126.081.  (A) In addition to the rules adopted under	1210
division (A)(2) of section 5126.08 of the Revised Code	1211
establishing standards for the administration, provision,	1212
arrangement, and operation of programs and services by county	1213
boards of mental retardation and developmental disabilities, the	1214
department of mental retardation and developmental disabilities	1215
shall establish a system of accreditation for county boards of	1216
mental retardation and developmental disabilities to ensure that	1217
the boards are in compliance with federal and state statutes and	1218
rules. The department shall adopt rules in accordance with Chapter	1219
119. of the Revised Code governing the system of accreditation.	1220
The rules shall include appropriate timelines for compliance when	1221
a board is found to be not in compliance and appropriate actions	1222
to be taken by boards in complying with the accreditation	1223
requirements.	1224

(B) Prior to accrediting a board, the department shall	1225
conduct a comprehensive, on-site review of the board. During the	1226
review, the department shall document the board's compliance with	1227
the department's accreditation requirements. After completing the	1228
review, the department shall conduct an exit conference with the	1229
president of the board, the superintendent of the board, and any	1230
other officials the board asks to have present. The department	1231
shall discuss its findings from the review with the board's	1232
representatives and provide a written report of its findings not	1233
later than thirty days following the exit conference. If the	1234
department finds that the board is in compliance with the	1235
requirements for accreditation, the department shall issue	1236
evidence of accreditation to the board.	1237

Accreditation may be granted for periods of up to five years	1238
and may be renewed. Not less than once prior to the date a board's	1239
accreditation is scheduled to expire, the department shall conduct	1240
a comprehensive, on-site review of the board.	1241

Each board shall conduct an annual audit of itself to	1242
evaluate its compliance with the requirements for accreditation.	1243
The department may conduct an interim review of any new program or	1244
service initiated by a board after its last comprehensive review.	1245
The department may conduct other reviews and investigations as	1246
necessary to enforce this section.	1247

(C) If the department determines through its review of a	1248
board that the board is not in compliance with the requirements	1249
for accreditation, the department shall, except as provided in	1250
division (F) of this section, grant the board an opportunity to	1251
correct the matters in which it is not in compliance. The	1252
department shall grant the board an appropriate length of time to	1253
comply with the requirements prior to taking any action to deny	1254
accreditation to the board. To avoid denial of accreditation, the	1255
board superintendent shall prepare a plan of correction to	1256
remediate the matters specified in the department's written report	1257
as not being in compliance with the requirements for	1258
accreditation. The superintendent shall submit the plan to the	1259
board for review, and the board shall review the plan. If the	1260
board believes that the plan is sufficient to correct the matters,	1261
the board shall approve the plan by resolution and submit the plan	1262
to the department for its review. The department shall review the	1263
plan of correction. If the department approves the plan, the board	1264
shall commence action to implement the plan. The department shall,	1265
as necessary, conduct follow-up reviews of the board to determine	1266
whether it has met the requirements for accreditation. If the plan	1267
of correction submitted by a board is disapproved, the department	1268
shall inform the board of the reasons for disapproval and may	1269
grant the board an opportunity to submit a revised plan of	1270
correction.	1271

A board may request technical assistance from the department,	1272
other boards, or professional organizations in preparing plans of	1273
correction and in implementing plans of correction.	1274

(D) If, after being given the opportunity to implement a plan	1275
of correction, a board continues to fail to meet the requirements	1276
for accreditation, the department shall issue an order denying	1277
accreditation to the board. The department may deny accreditation	1278
to the board for all or part of the programs or services offered	1279
by the board.	1280

The department shall simultaneously notify all of the	1281
following officials in the county: the members of the board of	1282
county commissioners, the senior probate judge, the county	1283
auditor, and the president and superintendent of the county board	1284
of mental retardation and developmental disabilities. The notice	1285
shall identify the programs and services that have been denied	1286
accreditation, the requirements for accreditation with which the	1287
board is not in compliance, and the responsibilities of the county	1288
officials to contract under division (E)(1) of this section to	1289
have the board's programs and services administered by another	1290
party or become subject to administrative receivership under	1291
division (E)(2) of this section.	1292

(E)(1) When a board is denied accreditation, the department	1293
shall first give the board the option of contracting to have the	1294
board's programs and services that were denied accreditation	1295
administered by an accredited county board of mental retardation	1296
and developmental disabilities or another qualified entity subject	1297
to the approval of the department. The board may contract with	1298
more than one board that has been accredited. When a board enters	1299
into a contract, the board shall, by resolution, give the	1300
contractor full administrative authority over the programs and	1301
services that the contractor will administer.	1302

(2) If a board fails to exercise its option of entering into	1303
a contract under division (E)(1) of this section sooner than	1304
thirty days after the department denies accreditation, the	1305
department shall appoint an administrative receiver of the board's	1306
programs and services that were denied accreditation. The	1307
department may appoint employees of the department, management	1308
personnel from county boards of mental retardation and	1309
developmental disabilities, or individuals from other entities as	1310
necessary to meet its needs for appointing an administrative	1311
receiver, except that individuals from other entities may be	1312
appointed only when qualified department employees or board	1313
management personnel are unavailable. The department may not	1314
appoint an individual who is employed by or affiliated with an	1315
entity that is under contract with the board. The administrative	1316
receiver shall assume full administrative responsibility for the	1317
board's programs and services that were denied accreditation.	1318

(3) The board or entity that contracts with a board under	1319
division (E)(1) of this section, or the administrative receiver	1320
appointed under division (E)(2) of this section, shall develop and	1321
implement a plan of correction to remediate the matters that	1322
caused the department to deny accreditation. The contractor or	1323
administrative receiver shall submit the plan to the department,	1324
and the department shall review the plan. If the plan is approved	1325
by the department, the contractor or administrative receiver shall	1326
commence action to implement the plan. The contractor or	1327
administrative receiver shall report to the department any	1328
findings it can make pertaining to issues or circumstances that	1329
are beyond the control of the board and result in the unlikelihood	1330
that compliance with the requirements for accreditation can be	1331
achieved unless the issues or circumstances are remediated.	1332

(4) For purposes of divisions (E)(1) and (2) of this section,	1333
the department shall require the board that has been denied	1334
accreditation to transfer control of state and federal funds it is	1335
eligible to receive for the board's programs and services that	1336
have been denied accreditation in an amount necessary for the	1337
contractor or administrative receiver to fulfill its duties in	1338
administering the programs and services for the board. The	1339
transfer of control of funds does not cause any programs and	1340
services of the board that are accredited to lose their	1341
accreditation. If the board refuses to transfer control of funds,	1342
the department may withhold state and federal funds from the board	1343
in an amount necessary for the contractor or administrative	1344
receiver to fulfill its duties. The amount transferred or withheld	1345
from a board shall include reimbursements for the personnel of the	1346
contractor or administrative receiver, including amounts for time	1347
worked, travel, and related expenses.	1348

A contractor or administrative receiver that has assumed the	1349
administration of a board's programs and services has the right to	1350
authorize the payment of bills in the same manner that a board may	1351
authorize payment of bills under this chapter and section 319.16	1352
of the Revised Code.	1353

(F) When the department's review of a board reveals serious	1354
health and safety issues within the programs and services offered	1355
by the board, the department shall order the board to correct the	1356
violations immediately or appoint an administrative receiver.	1357

(G) At any time a board can demonstrate that it is capable of	1358
assuming its duties in compliance with the department's	1359
requirements for accreditation, the department shall reverse its	1360
order denying accreditation and issue evidence of accreditation to	1361
the board.	1362

A board may appeal the department's denial of accreditation	1363
or refusal to reverse a denial of accreditation only by filing a	1364
complaint under section 5123.043 of the Revised Code. If in its	1365
appeal the board can demonstrate that it is capable of assuming	1366
its duties in compliance with the department's requirements for	1367
accreditation, the department shall reverse its order denying	1368
accreditation and shall issue evidence of accreditation to the	1369
board.	1370

(H) All notices issued to a board by the department under	1371
this section shall be delivered to the board's president and	1372
superintendent.	1373

(I) A board's president may designate another member of the	1374
board as the individual to be responsible for fulfilling all or	1375
part of the president's responsibilities established under this	1376
section.	1377

Sec. 5126.30.  As used in sections 5126.30 to 5126.34 of the	1378
Revised Code:	1379

(A) "Adult" means a person eighteen years of age or older	1380
with mental retardation or a developmental disability.	1381

(B) "Caretaker" means a person who is responsible for the	1382
care of an adult by order of a court, including an order of	1383
guardianship, or who assumes the responsibility for the care of an	1384
adult as a volunteer, as a family member, by contract, or by the	1385
acceptance of payment for care.	1386

(C) "Abuse" has the same meaning as in section 5123.50 of the	1387
Revised Code, except that it includes a misappropriation, as	1388
defined in that section.	1389

(D) "Neglect" has the same meaning as in section 5123.50 of	1390
the Revised Code.	1391

(E) "Exploitation" means the unlawful or improper act of a	1392
caretaker using an adult or an adult's resources for monetary or	1393
personal benefit, profit, or gain, including misappropriation, as	1394
defined in section 5123.50 of the Revised Code, of an adult's	1395
resources.	1396

(F) "Working day" means Monday, Tuesday, Wednesday, Thursday,	1397
or Friday, except when that day is a holiday as defined in section	1398
1.14 of the Revised Code.	1399

(G) "Incapacitated" means lacking understanding or capacity,	1400
with or without the assistance of a caretaker, to make and carry	1401
out decisions regarding food, clothing, shelter, health care, or	1402
other necessities, but does not include mere refusal to consent to	1403
the provision of services.	1404

(H) "Emergency protective services" means protective services	1405
furnished to a person with mental retardation or a developmental	1406
disability to prevent immediate physical harm.	1407

(I) "Protective services" means services provided by the	1408
county board of mental retardation and developmental disabilities	1409
to an adult with mental retardation or a developmental disability	1410
for the prevention, correction, or discontinuance of an act of as	1411
well as conditions resulting from abuse, neglect, or exploitation.	1412

(J) "Protective service plan" means an individualized plan	1413
developed by the county board of mental retardation and	1414
developmental disabilities to prevent the further abuse, neglect,	1415
or exploitation of an adult with mental retardation or a	1416
developmental disability.	1417

(K) "Substantial risk" has the same meaning as in section	1418
2901.01 of the Revised Code.	1419

(L) "Party" means all of the following:

1420

(1) An adult who is the subject of a probate proceeding under	1421
sections 5126.30 to 5126.33 of the Revised Code;	1422

(2) A caretaker, unless otherwise ordered by the probate	1423
court;	1424

(3) Any other person designated as a party by the probate	1425
court including but not limited to, the adult's spouse, custodian,	1426
guardian, or parent.	1427

(M) "Board" has the same meaning as in section 5126.02 of the	1428
Revised Codemeans a county board of mental retardation and	1429
developmental disabilities.	1430

Sec. 5705.191.  The taxing authority of any subdivision,	1431
other than the board of education of a school district or the	1432
taxing authority of a county school financing district, by a vote	1433
of two-thirds of all its members, may declare by resolution that	1434
the amount of taxes that may be raised within the ten-mill	1435
limitation by levies on the current tax duplicate will be	1436
insufficient to provide an adequate amount for the necessary	1437
requirements of the subdivision, and that it is necessary to levy	1438
a tax in excess of such limitation for any of the purposes in	1439
section 5705.19 of the Revised Code, or to supplement the general	1440
fund for the purpose of making appropriations for one or more of	1441
the following purposes: public assistance, human or social	1442
services, relief, welfare, hospitalization, health, and support of	1443
general hospitals, and that the question of such additional tax	1444
levy shall be submitted to the electors of the subdivision at a	1445
general, primary, or special election to be held at a time therein	1446
specified. Such resolution shall not include a levy on the current	1447
tax list and duplicate unless such election is to be held at or	1448
prior to the general election day of the current tax year. Such	1449
resolution shall conform to the requirements of section 5705.19 of	1450
the Revised Code, except that a levy to supplement the general	1451
fund for the purposes of public assistance, human or social	1452
services, relief, welfare, hospitalization, health, or the support	1453
of general or tuberculosis hospitals may not be for a longer	1454
period than ten years. All other levies under this section may not	1455
be for a longer period than five years unless a longer period is	1456
permitted by section 5705.19 of the Revised Code, and the	1457
resolution shall specify the date of holding such election, which	1458
shall not be earlier than seventy-five days after the adoption and	1459
certification of such resolution. The resolution shall go into	1460
immediate effect upon its passage and no publication of the same	1461
is necessary other than that provided for in the notice of	1462
election. A copy of such resolution, immediately after its	1463
passage, shall be certified to the board of elections of the	1464
proper county or counties in the manner provided by section	1465
5705.25 of the Revised Code, and such section shall govern the	1466
arrangements for the submission of such question and other matters	1467
with respect to such election, to which section 5705.25 of the	1468
Revised Code refers, excepting that such election shall be held on	1469
the date specified in the resolution, which shall be consistent	1470
with the requirements of section 3501.01 of the Revised Code,	1471
provided that only one special election for the submission of such	1472
question may be held in any one calendar year and provided that a	1473
special election may be held upon the same day a primary election	1474
is held. Publication of notice of such election shall be made in	1475
one or more newspapers of general circulation in the county once a	1476
week for four consecutive weeks.	1477

If a majority of the electors voting on the question vote in	1478
favor thereof, the taxing authority of the subdivision may make	1479
the necessary levy within such subdivision at the additional rate	1480
or at any lesser rate outside the ten-mill limitation on the tax	1481
list and duplicate for the purpose stated in the resolution. Such	1482
tax levy shall be included in the next annual tax budget that is	1483
certified to the county budget commission.	1484

After the approval of such a levy by the electors, the taxing	1485
authority of the subdivision may anticipate a fraction of the	1486
proceeds of such levy and issue anticipation notes. In the case of	1487
a continuing levy that is not levied for the purpose of current	1488
expenses, notes may be issued at any time after approval of the	1489
levy in an amount not more than fifty per cent of the total	1490
estimated proceeds of the levy for the succeeding ten years, less	1491
an amount equal to the fraction of the proceeds of the levy	1492
previously anticipated by the issuance of anticipation notes. In	1493
the case of a levy for a fixed period that is not for the purpose	1494
of current expenses, notes may be issued at any time after	1495
approval of the levy in an amount not more than fifty per cent of	1496
the total estimated proceeds of the levy throughout the remaining	1497
life of the levy, less an amount equal to the fraction of the	1498
proceeds of the levy previously anticipated by the issuance of	1499
anticipation notes. In the case of a levy for current expenses,	1500
notes may be issued after the approval of the levy by the electors	1501
and prior to the time when the first tax collection from the levy	1502
can be made. Such notes may be issued in an amount not more than	1503
fifty per cent of the total estimated proceeds of the levy	1504
throughout the term of the levy in the case of a levy for a fixed	1505
period, or fifty per cent of the total estimated proceeds for the	1506
first ten years of the levy in the case of a continuing levy.	1507

No anticipation notes that increase the net indebtedness of a	1508
county may be issued without the prior consent of the board of	1509
county commissioners of that county. The notes shall be issued as	1510
provided in section 133.24 of the Revised Code, shall have	1511
principal payments during each year after the year of their	1512
issuance over a period not exceeding the life of the levy	1513
anticipated, and may have a principal payment in the year of their	1514
issuance.	1515

"Taxing authority" and "subdivision" have the same meanings	1516
as in section 5705.01 of the Revised Code.	1517

"Human or social services" includes a county's contributions	1518
to a multi-county board of mental retardation and developmental	1519
disabilities of which the county is a member.	1520

This section is supplemental to and not in derogation of	1521
sections 5705.20, 5705.21, and 5705.22 of the Revised Code.	1522

Sec. 5705.222.  (A) At any time the board of county	1523
commissioners of any county by a majority vote of the full	1524
membership may declare by resolution and certify to the board of	1525
elections of the county that the amount of taxes which may be	1526
raised within the ten-mill limitation by levies on the current tax	1527
duplicate will be insufficient to provide the necessary	1528
requirements of the single county board of mental retardation and	1529
developmental disabilities established pursuant to Chapter 5126.	1530
of the Revised Code, or the county's contribution to a	1531
multi-county board created under that chapter of which the county	1532
is a member, and that it is necessary to levy a tax in excess of	1533
such limitation for the operation of programs and services by	1534
county boards of mental retardation and developmental disabilities	1535
and for the acquisition, construction, renovation, financing,	1536
maintenance, and operation of mental retardation and developmental	1537
disabilities facilities.	1538

Such resolution shall conform to section 5705.19 of the	1539
Revised Code, except that the increased rate may be in effect for	1540
any number of years not exceeding ten or for a continuing period	1541
of time.	1542

The resolution shall be certified and submitted in the manner	1543
provided in section 5705.25 of the Revised Code, except that it	1544
may be placed on the ballot in any election, and shall be	1545
certified to the board of elections not less than seventy-five	1546
days before the election at which it will be voted upon.	1547

If the majority of the electors voting on a levy for the	1548
support of the programs and services of the county board of mental	1549
retardation and developmental disabilities vote in favor of the	1550
levy, the board of county commissioners may levy a tax within the	1551
county at the additional rate outside the ten-mill limitation	1552
during the specified or continuing period, for the purpose stated	1553
in the resolution. The county board of mental retardation and	1554
developmental disabilities, within its budget and with the	1555
approval of the board of county commissioners through annual	1556
appropriations, shall use the proceeds of a levy approved under	1557
this section solely for the purposes authorized by this section.	1558

(B) When electors have approved a tax levy under this	1559
section, the county commissioners may anticipate a fraction of the	1560
proceeds of the levy and issue anticipation notes in accordance	1561
with section 5705.191 or 5705.193 of the Revised Code.	1562

(C) The county auditor, upon receipt of a resolution from the	1563
county board of mental retardation and developmental disabilities,	1564
shall establish a capital improvements account or a reserve	1565
balance account, or both, as specified in the resolution. The	1566
capital improvements account shall be a contingency account for	1567
the necessary acquisition, replacement, renovation, or	1568
construction of facilities and movable and fixed equipment. Upon	1569
the request of the county board of mental retardation and	1570
developmental disabilities, moneys not needed to pay for current	1571
expenses may be appropriated to this account, in amounts such that	1572
this account does not exceed twenty-five per cent of the	1573
replacement value of all capital facilities and equipment	1574
currently used by the county board of mental retardation and	1575
developmental disabilities for mental retardation and	1576
developmental disabilities programs and services. Other moneys	1577
available for current capital expenses from federal, state, or	1578
local sources may also be appropriated to this account.	1579

The reserve balance account shall contain those moneys that	1580
are not needed to pay for current operating expenses and not	1581
deposited in the capital improvements account but that will be	1582
needed to pay for operating expenses in the future. Upon the	1583
request of a county board of mental retardation and developmental	1584
disabilities, the board of county commissioners may appropriate	1585
moneys to the reserve balance account.	1586

Section 2. That existing sections 5126.01, 5126.02, 5126.021,	1587
5126.022, 5126.023, 5126.024, 5126.03, 5126.031, 5126.033,	1588
5126.034, 5126.056, 5126.058, 5126.081, 5126.30, 5705.191, and	1589
5705.222 of the Revised Code are hereby repealed.	1590

Section 3. (A) As used in this section, "immediate family"	1591
has the same meaning as in section 5126.01 of the Revised Code.	1592

Not later than thirty days after the effective date of this	1593
section, each individual who serves as a member of a county board	1594
of mental retardation and developmental disabilities on the	1595
effective date of this section shall provide to the superintendent	1596
of the county board a written declaration specifying both of the	1597
following:	1598

(1) That no circumstance described in section 5126.029 of the	1599
Revised Code exists that bars the individual from serving on the	1600
county board;	1601

(2) Whether the individual or an immediate family member of	1602
the individual has an ownership interest in or is under contract	1603
with an agency contracting with the county board, and, if such an	1604
ownership interest or contract exists, the identity of the agency	1605
and the nature of the relationship to that agency.	1606

(B) Each declaration provided to a county board	1607
superintendent under this section is a public record for the	1608
purpose of section 149.43 of the Revised Code.	1609